[Federal Register Volume 82, Number 215 (Wednesday, November 8, 2017)]
[Notices]
[Pages 51846-51847]
[FR Doc No: 2017-24296]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2013-D-0575]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Guidance for Industry on Expedited Programs for
Serious Conditions--Drugs and Biologics

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
an opportunity for public comment on the proposed collection of certain
information by the Agency. Under the Paperwork Reduction Act of 1995
(PRA), Federal Agencies are required to publish notice in the Federal
Register concerning each proposed collection of information, including
each proposed revision of an existing collection of information, and to
allow 60 days for public comment in response to the notice. This notice
solicits comments on the information collection in the guidance for
industry ``Expedited Programs for Serious Conditions--Drugs and
Biologics.''

DATES: Submit either electronic or written comments on the collection
of information by January 8, 2018.

ADDRESSES: You may submit comments as follows. Please note that late,
untimely filed comments will not be considered. Electronic comments
must be submitted on or before January 8, 2018. The https://www.regulations.gov electronic filing system will accept comments until
midnight Eastern Time at the end of January 8, 2018. Comments received
by mail/hand delivery/courier (for written/paper submissions) will be
considered timely if they are postmarked or the delivery service
acceptance receipt is on or before that date.

Electronic Submissions

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

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2013-D-0575 for ``Guidance for Industry on Expedited Programs for
Serious Conditions--Drugs and Biologics.'' Received comments, those
filed in a timely manner (see ADDRESSES), will be placed in the docket
and, except for those submitted as ``Confidential Submissions,''
publicly viewable at https://www.regulations.gov or at the Dockets
Management Staff between 9 a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.

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

SUPPLEMENTARY INFORMATION:

Guidance for Industry on Expedited Programs for Serious Conditions--
Drugs and Biologics

OMB Control Number 0910-0765--Revision

    This information collection supports the previous captioned Agency
guidance. The guidance provides a single resource for information on
FDA's policies and procedures related to the following expedited
programs for serious conditions: (1) Fast track designation, (2)
breakthrough therapy designation, (3) accelerated approval, and (4)
priority review designation. The guidance describes threshold criteria
generally applicable to expedited programs, including what is meant by
serious condition, unmet medical need, and available therapy. The
guidance addresses the applicability of expedited programs to rare
diseases, clarification on available therapy, and additional detail on
possible flexibility in manufacturing and product quality. The guidance
also clarifies the qualifying criteria for breakthrough therapy

designation and provides examples of surrogate endpoints and
intermediate clinical endpoints used to support accelerated approval.
    The information collection resulting from requests for priority
review designation and breakthrough therapy designation is set forth in
rows 1 and 2 of table 1 and is approved by the Office of Management and
Budget (OMB) under control number 0910-0765. The information collection
resulting from requests for accelerated approval is approved by OMB
under control numbers 0910-0001 and 0910-0338.
    The provisions of the guidance relating to fast track development
and other issues such as serious condition and unmet medical need
replace the guidance entitled ``Fast Track Drug Development Programs--
Designation, Development, and Application Review.'' Consequently, the
information collection resulting from the guidance ``Fast Track Drug
Development Programs--Designation, Development, and Application
Review'' (OMB control number 0910-0389) is now being incorporated into
OMB control number 0910-0765 (guidance for industry ``Expedited
Programs for Serious Conditions--Drugs and Biologics'').
    A sponsor or applicant who seeks fast track designation is required
to submit a request to the Agency showing that the drug product: (1) Is
intended for a serious or life-threatening condition and (2) has the
potential to address an unmet medical need. The Agency expects that
most information to support a designation request will have been
gathered under existing requirements for preparing an investigational
new drug (IND), new drug application (NDA), or biologic license
application (BLA). If such information has already been submitted to
the Agency, the information may be summarized in the fast track
designation request. A designation request should include, where
applicable, additional information not specified elsewhere by statute
or regulation. For example, additional information may be needed to
show that a product has the potential to address an unmet medical need
where an approved therapy exists for the serious or life-threatening
condition to be treated. Such information may include clinical data,
published reports, summaries of data and reports, and a list of
references. The amount of information and discussion in a designation
request need not be voluminous, but it should be sufficient to permit a
reviewer to assess whether the criteria for fast track designation have
been met.
    After the Agency makes a fast track designation, a sponsor or
applicant may submit a premeeting package that may include additional
information supporting a request to participate in certain fast track
programs. The premeeting package serves as background information for
the meeting and should support the intended objectives of the meeting.
As with the request for fast track designation, the Agency expects that
most sponsors or applicants will have gathered such information to meet
existing requirements for preparing an IND, NDA, or BLA. These may
include descriptions of clinical safety and efficacy trials not
conducted under an IND (e.g., foreign studies) and information to
support a request for accelerated approval. If such information has
already been submitted to FDA, the information may be summarized in the
premeeting package.
    The Agency estimates the total annual number of respondents
submitting requests for fast track designation is approximately 140,
and the number of requests received is approximately 187 annually. FDA
estimates that the number of hours needed to prepare a request for fast
track designation is approximately 60 hours per request (row 3 in table
1).
    Of the requests for fast track designation made per year, the
Agency granted approximately 132 requests from 107 respondents, and for
each of these granted requests, a premeeting package was submitted to
the Agency. FDA estimates that the preparation hours are approximately
100 hours per premeeting package (row 4 in table 1).
    The guidance also refers to previously approved collections of
information found in FDA regulations. The collections of information in
21 CFR 202.1 and 21 CFR parts 314, and 601, and sections 505(a),
506(a)(1), 735, and 736 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 355(a), 356(a)(1), 379(g), and 379(h)) have been approved under
OMB control numbers 0910-0686, 0910-0001, 0910-0338, 0910-0014, and
0910-0297.
    FDA estimates the burden of this collection of information as
follows:

                                  Table 1--Estimated Annual Reporting Burden 1
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Guidance for Industry: Expedited                     Number of                        Average
Programs for Serious Conditions--    Number of     responses per   Total annual     burden per      Total hours
       Drugs and Biologics          respondents     respondent       responses       response
----------------------------------------------------------------------------------------------------------------
Priority review designation                   48             1.7              82              30           2,400
 request........................
Breakthrough therapy designation              87            1.29             113              70           7,910
 request........................
Fast track designation request..             140            1.33             187              60          11,220
Fast track premeeting packages..             107            1.23             132             100          13,200
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............          34,730
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\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    The data pertaining to fast track designation (last two rows of
table 1) has changed since the last OMB approval.

    Dated: November 2, 2017.
Anna K. Abram,
Deputy Commissioner for Policy, Planning, Legislation, and Analysis.
[FR Doc. 2017-24296 Filed 11-7-17; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register: January 24, 2007 (Volume 72, Number 15)]
[Notices]
[Page 3166-3167]
[DOCID:fr24ja07-84]

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DEPARTMENT OF LABOR

Occupational Safety And Health Administration

[Docket No. ACCSH 2007-1]

Advisory Committee on Construction Safety and Health (ACCSH);
Request for Nominations

AGENCY: Occupational Safety and Health Administration (OSHA), U.S.
Department of Labor.

ACTION: Request for nominations to serve on ACCSH.

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SUMMARY: The Assistant Secretary of Labor for Occupational Safety and
Health invites interested parties to submit nominations for membership
on ACCSH.

DATES: Nominations for ACCSH must be submitted (postmarked, sent or
received) by February 23, 2007.

ADDRESSES: You may submit nominations for ACCSH, identified by OSHA
Docket No, ACCSH 2007-1, by any of the following methods:
    Electronically: You may submit nominations electronically at http://www.regulations.gov
, which is the Federal eRulemaking Portal. Follow

the instructions on-line for submitting comments.
    Facsimile: If your nomination, including attachments, is not longer
than 10 pages, you may fax it to the OSHA Docket Office at (202) 693-
1648.
    Mail, express delivery, hand delivery, messenger or courier
service: Submit three copies of your nominations to the OSHA Docket
Office, Room N-2625, U.S. Department of Labor, 200 Constitution Ave.,
NW., Washington, DC 20210; telephone<PHONE_NUMBER> (OSHA's TTY number
is<PHONE_NUMBER>). Deliveries (hand, express mail, messenger and
courier service) are accepted during the Department of Labor's and
Docket Office's normal business hours, 8:15 a.m.-4:45 p.m., e.t.
    Instructions: All nominations for ACCSH must include the Agency
name and docket number for this Federal Register notice (Docket No.
ACCSH 2007-1). All submissions in response to this Federal Register
notice, including personal information provided, will be posted without
change at http://www.regulations.gov. Because of security-related

procedures, submitting nominations by regular mail may result in a
significant delay in their receipt. Please contact the OSHA Docket
Office (at the address above) for information about security procedures
for submitting nominations by hand delivery, express delivery, and
messenger or courier service. For additional information on submitting
nominations, see the SUPPLEMENTARY INFORMATION section below.
    Docket: To read or download submissions, go to http://www.regulations.gov.
 All documents in the docket are listed in the

http://www.regulations.gov index. Although listed in the index, some

information (e.g., copyrighted material) is not publicly available to
read or download through http://www.regulations.gov. All submissions,

including copyrighted material, are available for inspection and
copying at the OSHA Docket Office at the address above.

FOR FURTHER INFORMATION CONTACT: Mr. Michael M.X. Buchet, OSHA,
Directorate of Construction--Office of Construction Services, Room N-
3468, U.S. Department of Labor, 200 Constitution Avenue, NW.,
Washington, DC 20210; telephone<PHONE_NUMBER>; e-mail address
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION: The Assistant Secretary of Labor for
Occupational Safety and Health invites interested parties to submit
nominations for membership on ACCSH. ACCSH is authorized under the
authority granted by section 7 of the Occupational Safety and Health
Act of 1970 (29 U.S.C. 656), and section 107 of the Contract Work Hours
and Safety Standards Act (Construction Safety Act) (40 U.S.C. 3701 et
seq.). The function of ACCSH is to advise the Assistant Secretary on
occupational safety and health standards and policy affecting the
construction industry. ACCSH is a continuing advisory body and operates
in compliance with the provisions of the Construction Safety Act,
section 7 of the OSH Act, and the Federal Advisory Committee Act (5
U.S.C. App. 2), and regulations issued pursuant to those statutes (29
CFR part 1912, 41 CFR part 101-6 and 102-3). ACCSH meets two to four
times per year for one or two days per meeting.
    ACCSH is composed of 15 members appointed by the Assistant
Secretary to serve staggered two-year terms. The composition of ACCSH
and the number of new members to be appointed at this time are as
follows:
     Five members who are qualified by experience and
affiliation to present the viewpoint of employers in the construction
industry. Three employer representatives will be appointed;
     Five members who are similarly qualified to present the
viewpoint of employees in the construction industry. Two employee
representatives will be appointed;
     Two representatives of State safety and health agencies.
Two representatives will be appointed;
     Two representatives qualified by knowledge and experience
to make a useful contribution to the work of ACCSH, such as those who
have professional or technical experience and competence with
occupational safety and health in the construction industry. One public
representative will be appointed; and
     One representative designated by the Department of Health
and Human Services, National Institute of Occupational Safety and
Health (NIOSH).
    As mentioned, ACCSH members serve for a period of two years, unless
the member becomes unable to serve, resigns or ceases to be qualified
to serve, or is removed by the Secretary [29 CFR 1912.3(e)]. The NIOSH
representative does not have a fixed term length. Qualified ACCSH
members whose terms have expired may continue to serve until a
successor is appointed and may serve successive terms. Any member
absent from two consecutive meetings may be removed or replaced.
    The Department of Labor is committed to equal opportunity in the
workplace and seeks broad-based and diverse ACCSH membership.
Nominations for a specific category of ACCSH membership should come
from groups or people within the category. Others are invited and
encouraged to submit endorsements in support of particular nominees.
Nominations must include the following information:
    (1) Nominee's resume or curriculum vitae, including prior
membership on ACCSH or other relevant organizations or associations;
    (2) Categories of membership for which the nominee can serve;
    (3) A summary of background, experience and qualifications that
makes the nominee well-suited for each of those particular categories
of membership;
    (4) Articles or other documents the nominee has authored that
indicate his or her knowledge, experience and expertise in occupational
safety and health, particularly as it pertains to the construction
industry;
    (5) The nominee's contact information (address, phone, e-mail); and
    (6) A written commitment from the nominee of his or her willingness
to attend meetings regularly and participate in good faith, and
attesting that the nominee has no apparent conflicts of interest that
would preclude unbiased service on ACCSH.
    In addition to other relevant sources of information, the
information received

through the nomination process will assist the Assistant Secretary in
making appointments to ACCSH. In selecting ACCSH members, the Assistant
Secretary will consider individuals nominated in response to this
Federal Register notice, as well as other qualified individuals. OSHA
will publish the new ACCSH membership list in the Federal Register.

Public Participation--Submission of Nominations and Access to Docket

    You may submit nominations (1) electronically at http://www.regulations.gov
, which is the Federal eRulemaking Portal; (2) by

facsimile (FAX); or (3) by hard copy. All comments, attachments and
other material must identify the Agency name and the OSHA docket number
(OSHA Docket No. ACCSH 2007-1). You may supplement electronic
nominations by uploading document files electronically. If, instead,
you wish to mail additional materials in reference to an electronic or
fax submission, you must submit three copies to the OSHA Docket Office
(see ADDRESSES section). The additional materials must clearly identify
your electronic nomination by name, date, and docket number so OSHA can
attach them to your nomination.
    Because of security-related procedures, the use of regular mail may
cause a significant delay in the receipt of nominations. For
information about security procedures concerning the delivery of
materials by hand, express delivery, messenger or courier service,
please contact the OSHA Docket Office at<PHONE_NUMBER> (TTY (877) 889-
5627).
    Submissions are posted without change at http://www.regulations.gov.
 Therefore, OSHA cautions interested parties about

submitting personal information such as social security numbers and
date of birth. Although all submissions are listed in the http://www.regulations.gov
 index, some information (e.g., copyrighted

material) is not publicly available to read or download through http://www.regulations.gov.
 All submissions, including copyrighted material,

are available for inspection and copying at the OSHA Docket Office.
Information on using the http://www.regulations.gov Web site to submit

nominations and access the docket is available at the Web site's User
Tips link. Contact the OSHA Docket Office for information about
materials not available through the Web site and for assistance in
using the internet to locate docket submissions.
    Electronic copies of this Federal Register document are available
at http://www.regulations.gov. This document, as well as news releases

and other relevant information, also are available at OSHA's Web page
at http://www.osha.gov.

Authority and Signature

    Edwin G. Foulke, Jr., Assistant Secretary of Labor for Occupational
Safety and Health, directed the preparation of this notice under the
authority granted by section 7 of the Occupational Safety and Health
Act of 1970 (29 U.S.C. 656), section 107 of the Contract Work Hours and
Safety Standards Act (Construction Safety Act) (40 U.S.C. 3701 et
seq.), and Secretary of Labor's Order No. 5-2002 (67 FR 65008).

    Signed at Washington, DC this 19th day of January, 2007.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor.
[FR Doc. E7-1013 Filed 1-23-07; 8:45 am]

BILLING CODE 4510-26-P


[Federal Register Volume 75, Number 35 (Tuesday, February 23, 2010)]
[Proposed Rules]
[Pages 8001-8003]
[FR Doc No: 2010-3538]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-0158; Directorate Identifier 2010-CE-006-AD]
RIN 2120-AA64

Airworthiness Directives; Hawker Beechcraft Corporation (Type
Certificate No. A00010WI Previously Held by Raytheon Aircraft Company)
Model 390 Airplanes

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Hawker Beechcraft Corporation Model 390 airplanes. This
proposed AD would require you to inspect the essential bus lightning
strike protection for proper installation of metal oxide varistor (MOV)
and spark gap wiring. This proposed AD would also require you to rework
the wiring as necessary to achieve the required lightning strike/surge
protection. This proposed AD results from a report that the wires to
the MOV and spark gap were swapped. We are proposing this AD to detect
and correct improper installation of the MOV and spark gap wiring,
which could result in overload of the MOV in a lightning strike and
allow electrical energy to continue to the essential bus and disable
equipment that receives power from the essential bus. The disabled
equipment could include the autopilot, anti-skid system, hydraulic
indicator, spoiler system, pilot primary flight display, audio panel,
or the 1 air data computer. This failure could lead to a
significant increase in pilot workload during adverse operating
conditions.

DATES: We must receive comments on this proposed AD by April 9, 2010.

ADDRESSES: Use one of the following addresses to comment on this
proposed 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.
    For service information identified in this proposed AD, contact
Hawker Beechcraft Corporation, 9709 East Central, Wichita, Kansas
67201; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; Internet:
https://www.hawkerbeechcraft.com/service_support/pubs/.

FOR FURTHER INFORMATION CONTACT: Kevin Schwemmer, Aerospace Engineer,
FAA, Wichita Aircraft Certification Office (ACO), 1801 Airport Road,
Room 100, Wichita, Kansas 67209; telephone:<PHONE_NUMBER>; fax: (316)
946-4107; e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments regarding this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include the docket number, ``FAA-
2010-0158; Directorate Identifier 2010-CE-006-AD'' at the beginning of
your comments. We specifically invite comments on the overall
regulatory, economic, environmental, and energy aspects of the proposed
AD. We will consider all comments received by the closing date and may
amend the proposed 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 proposed AD.

Discussion

    We received a report that on a Hawker Beechcraft Corporation Model
390 airplane the wires to the MOV and spark gap were swapped. The
swapped wires were discovered during an inspection following a
lightning strike. The spark gap has a higher current carrying
capability than the MOV and is designed to carry direct currents caused
by a lightning strike. In the event of a lightning strike, the
potential exists to overload the MOV and allow an electrical spike to
pass through to the essential bus.

    This condition, if not corrected, could allow electrical energy to
continue to the essential bus and disable equipment that receives power
from the essential bus. The disabled equipment could include the
autopilot, anti-skid system, hydraulic indicator, spoiler system, pilot
primary flight display, audio panel, or the 1 air data
computer. This failure could lead to a significant increase in pilot
workload during adverse operating conditions.

Relevant Service Information

    We have reviewed Hawker Beechcraft Mandatory Service Bulletin SB
24-3995, issued September 2009. The service information describes
procedures for inspecting the essential bus lightning strike protection
for proper installation of MOV and spark gap wiring. The service
information also describes procedures for rework as necessary to
achieve the required lightning strike/surge protection.

FAA's Determination and Requirements of the Proposed AD

    We are proposing this AD because we evaluated all information and
determined the unsafe condition described previously is likely to exist
or develop on other products of the same type design. This proposed AD
would require you to inspect the essential bus lightning strike
protection for proper installation of MOV and spark gap wiring. This
proposed AD would also require you to rework the wiring as necessary to
achieve the required lightning strike/surge protection.

Costs of Compliance

    We estimate that this proposed AD would affect 170 airplanes in the
U.S. registry.
    We estimate the following costs to do the proposed inspection
(includes any necessary follow-on action):

----------------------------------------------------------------------------------------------------------------
                                                                                Total cost per   Total cost on
               Labor cost                              Parts cost                   airplane      U.S. operators
----------------------------------------------------------------------------------------------------------------
3 work-hours x $85 per hour = $255.....  Not applicable.......................            $255          $43,350
----------------------------------------------------------------------------------------------------------------

     Warranty credit may be given to the extent specified in Hawker
Beechcraft Mandatory Service Bulletin SB 24-3995, issued September
2009.

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

Examining the AD Docket

    You may examine the AD docket that contains the proposed 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.

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

Hawker Beechcraft Corporation (Type Certificate No. A00010WI
Previously Held By Raytheon Aircraft Company): Docket No. FAA-2010-
0158; Directorate Identifier 2010-CE-006-AD.

Comments Due Date

    (a) We must receive comments on this airworthiness directive
(AD) action by April 9, 2010.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Model 390 airplanes, serial numbers RB-4
through RB-248, that are certificated in any category.

Subject

    (d) Air Transport Association of America (ATA) Code 24: Electric
Power.

Unsafe Condition

    (e) This AD results from a report that the metal oxide varistor
(MOV) and spark gap wiring of the essential bus lightning strike
protection were swapped. We are issuing this AD to detect and
correct improper installation of the MOV and spark gap wiring, which
could result in overload of the MOV in a lightning strike and allow
electrical energy to continue to the essential bus and disable
equipment that receives power from the essential bus. The disabled
equipment could include the autopilot, anti-skid system, hydraulic
indicator, spoiler system, pilot primary flight display, audio
panel, or the 1 air data computer. This failure could lead
to a significant increase in pilot workload during adverse operating
conditions.

Compliance

    (f) To address this problem, you must do the following, unless
already done:

------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
(1) Inspect the essential     Within the next 200   Follow Hawker
 bus lightning strike          hours time-in-        Mandatory Service
 protection for proper         service after the     Bulletin SB 24-
 installation of MOV and       effective date of     3995, issued
 spark gap wiring.             this AD or within     September 2009.
                               the next 12 months
                               after the effective
                               date of this AD,
                               whichever occurs
                               first.
(2) Where improper wiring     Before further        Follow Hawker
 installation is found,        flight after the      Mandatory Service
 rework the essential bus      inspection in         Bulletin SB 24-
 lightning strike wiring       paragraph (f)(1) of   3995, issued
 installation for the MOV      this AD.              September 2009.
 and spark gap.
------------------------------------------------------------------------

Alternative Methods of Compliance (AMOCs)

    (g) The Manager, Wichita Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. Send information to
ATTN: Kevin Schwemmer, Aerospace Engineer, FAA, Wichita Aircraft
Certification Office (ACO), 1801 Airport Road, Room 100, Wichita,
Kansas 67209; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; e-
mail<EMAIL_ADDRESS>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.

Related Information

    (h) To get copies of the service information referenced in this
AD, contact Hawker Beechcraft Corporation, 9709 East Central,
Wichita, Kansas 67201; telephone:<PHONE_NUMBER>; fax: (316) 676-
6614; Internet: https://www.hawkerbeechcraft.com/service_support/pubs/. To view the AD docket, go to U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, or
on the Internet at http://www.regulations.gov.

    Issued in Kansas City, Missouri, on February 16, 2010.
Kim Smith,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2010-3538 Filed 2-22-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 164 (Friday, August 27, 2021)]
[Proposed Rules]
[Pages 48067-48069]
[FR Doc No: 2021-18386]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0714; Project Identifier 2019-CE-016-AD]
RIN 2120-AA64

Airworthiness Directives; ASI Aviation (Type Certificate
Previously Held by Reims Aviation S.A.) Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all ASI Aviation (type certificate previously held by Reims
Aviation S.A.) Model F406 airplanes. This proposed AD was prompted by
mandatory continuing airworthiness information (MCAI) originated by an
aviation authority of another country to identify and correct an unsafe
condition on an aviation product. The MCAI describes the unsafe
condition as failure of a circuit breaker (CB) switch. This proposed AD
would require replacing certain CB switches and establishing a life
limit for the CB switches. The FAA is proposing this AD to address the
unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by October 12,
2021.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://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: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact ASI
Aviation, A[eacute]rodrome de Reims Prunay, 51360 Prunay, France;
telephone: +33 3 26 48 46 84; fax: +33 3 26 49 18 57; email:
<EMAIL_ADDRESS>website: https://asi-aviation.fr/page-Accueil.html. You may view this service information at the
Airworthiness Products Section, Operational Safety Branch, 901 Locust,
Kansas City, MO 64106. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0714; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this NPRM, the MCAI,
any comments received, and other information. The street address for
Docket Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Gregory Johnson, Aviation Safety
Engineer, AIR-732 International Validation Section FAA, 901 Locust,
Room 301, Kansas City, MO 64106-2641; phone:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2021-0714; Project Identifier
2019-CE-016-AD'' at the beginning of your comments. The most helpful
comments reference a specific portion of

the proposal, explain the reason for any recommended change, and
include supporting data. The FAA will consider all comments received by
the closing date and may amend the proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this proposed AD.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to
Gregory Johnson, Aviation Safety Engineer, AIR-732 International
Validation Section FAA, 901 Locust, Room 301, Kansas City, MO 64106-
2641. Any commentary that the FAA receives which is not specifically
designated as CBI will be placed in the public docket for this
rulemaking.

Background

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA AD
2019-0015, dated January 29, 2019 (referred to after this as ``the
MCAI''), to address an unsafe condition on ASI Aviation (type
certificate previously held by Reims Aviation S.A.) Model F406
airplanes. The MCAI states:

    After the Federal Aviation Administration issued AD 2005-20-25,
applicable to Cessna 400 series aeroplanes equipped with certain
avionics bus CB switches, it was determined that, due to design
commonality, one of the affected avionics bus CB switches, P/N [part
number] CM3589-50, was also installed on Reims F 406 aeroplanes.
    This condition, if not corrected, could lead to smoke and/or
burning smell in the cockpit, possibly resulting in reduced control
of the aeroplane.
    To address that potential unsafe condition, RAI issued SB
[service bulletin] F406-62 to provide instructions to remove certain
switches from service. Consequently, EASA issued AD 2006-0134 to
require identification of the date code of P/N CM3589-50 CB switches
and, depending on findings, replacement with improved design CB
switches, P/N 4061-2400-1. That [EASA] AD also imposed a life limit
on the affected CB switches P/N CM3589-50.
    Since that [EASA] AD was issued, in-service occurrences of smoke
and burning smell in the cockpit have been reported on F 406
aeroplanes. Technical investigations revealed that these were due to
failure of CB switches P/N CM3589-20, which are used to control the
propeller de-icing circuit. Prompted by these events, ASI Aviation
issued the applicable SB (as defined in this [EASA] AD) to provide
instructions to replace the affected parts with serviceable parts.
    For the reasons described above, this [EASA] AD retains the
requirements of EASA AD 2006-0134, which is superseded, expands the
range of affected parts, and requires replacement of P/N CM3589-20
CB switches with improved design CB switches P/N 406E2450-00000-100.
This [EASA] AD also replaces the previous life limit, 1 000 flight
hours (FH) for certain P/N CM3589-50 CB switches, with a 6 year
calendar time life limit, and also imposes that limit on the
improved design CB switches.

    You may examine the MCAI in the AD docket at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0714.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed ASI Aviation Service Bulletin No. F406-62,
Revision 01, dated December 14, 2018, which specifies inspecting the CB
switches to determine the date code, replacing CB switches with certain
date codes, and establishing a life limit of 6 years for the new CB
switches. The FAA also reviewed ASI Aviation Service Bulletin No. F406-
90, dated December 14, 2018, which specifies replacing the CB switches
and establishing a life limit of 6 years for the new CB switches. This
service information is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.

FAA's Determination

    This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with this State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI and
service information referenced above. The FAA is issuing this NPRM
after determining the unsafe condition described previously is likely
to exist or develop on other products of the same type design.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified
in the service information already described, except as discussed under
``Differences Between this Proposed AD and the MCAI.''

Differences Between This Proposed AD and the MCAI

    The MCAI allows installation of an affected CB switch until the
airplane is modified. This proposed AD would prohibit installation of
an affected CB switch as of the effective date of this AD.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 4 airplanes of U.S. registry.
    The FAA also estimates that it would take about 5 work-hours per
airplane to comply with the inspection required by this proposed AD.
The average labor rate is $85 per work-hour.
    Based on these figures, the FAA estimates the inspection cost of
this proposed AD on U.S. operators to be $1,700 or $425 per airplane.
    In addition, the FAA estimates that each replacement required by
this proposed AD would take about 1 work-hour and require parts costing
$350. Based on these figures, the FAA estimates the replacement cost of
this proposed AD on U.S. operators to be $435 per airplane.

Authority for This Rulemaking

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

develop on products identified in this rulemaking action.

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13   [Amended]

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

ASI Aviation (Type Certificate Previously Held by Reims Aviation
S.A.): Docket No. FAA-2021-0714; Project Identifier 2019-CE-016-AD.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by October 12, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to ASI Aviation (type certificate previously
held by Reims Aviation S.A.) Model F406 airplanes, all serial
numbers, certificated in any category.

(d) Subject

    Joint Aircraft System Component (JASC) Code 2400, Electrical
Power System.

(e) Unsafe Condition

    This AD was prompted by mandatory continuing airworthiness
information (MCAI) originated by an aviation authority of another
country to identify and correct an unsafe condition on an aviation
product. The MCAI describes the unsafe condition as failure of a
circuit breaker (CB) switch. The FAA is issuing this AD to prevent
smoke and burning smell in the cockpit caused by failure of CB
switches. The unsafe condition, if not addressed, could result in
reduced controllability of the airplane.

(f) Compliance

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

(g) Inspection and Corrective Actions

    Within 200 hours time-in-service (TIS) or within 12 months,
whichever occurs first after the effective date of this AD, prepare
the airplane and gain access in accordance with steps 1 through 7 of
the Accomplishment Instructions in ASI Aviation Service Bulletin No.
F406-62, Revision 01, dated December 14, 2018 (SB F406-62R1), and
inspect each avionics bus CB switch part number (P/N) CM3589-50 to
identify the date code.
    (1) If a CB switch does not have a date code, before further
flight, remove the CB switch from service and install CB switch P/N
4061-2400-1 in accordance with steps 9 through 14 of the
Accomplishment Instructions in SB F406-62R1.
    (2) If a CB switch has a date code earlier than 0434, before the
CB switch exceeds 1,000 hours TIS since first installation on an
airplane, remove the CB switch from service and install CB switch P/
N 4061-2400-1 in accordance with steps 9 through 14 of the
Accomplishment Instructions in SB F406-62R1.
    (3) If a CB switch has a date code 0434 or later, before the CB
switch exceeds 6 years since first installation on an airplane or
within 12 months after the effective date of this AD, whichever
occurs later, remove the CB switch from service and install CB
switch P/N 4061-2400-1 in accordance with steps 9 through 14 of the
Accomplishment Instructions in SB F406-62R1.

(h) Replacements

    Within 200 hours TIS or within 12 months, whichever occurs first
after the effective date of this AD, remove each CB switch P/N
CM3589-20 from service, re-identify the CB panel, and install CB
switches with P/N 406E2450-00000-100 in accordance with Part 1,
steps 1 through 13, of the Accomplishment Instructions in ASI
Aviation Service Bulletin No. F406-90, dated December 14, 2018 (SB
F406-90).

(i) Life Limit

    Before exceeding 6 years since first installation on an airplane
and thereafter at intervals not to exceed 6 years, remove each CB
switch P/N 4061-2400-1 and P/N 406E2450-00000-100 from service and
replace it in accordance with steps 9 through 14 of the
Accomplishment Instructions in SB F406-62R1 or Part 1, steps 1
through 13, of the Accomplishment Instructions in SB F406-90, as
applicable.

(j) Parts Installation Prohibition

    As of the effective date of this AD, do not install a CB switch
P/N CM3589-50 or P/N CM3589-20 on any airplane.

(k) Credit for Previous Actions

    You may take credit for the actions required by paragraph (g) of
this AD if you performed those actions before the effective date of
this AD using Reims Aviation Industries Service Bulletin No. F406-
62, dated March 8, 2006.

(l) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, General Aviation & Rotorcraft Section (AIR-
732), International Validation Branch, FAA, has the authority to
approve AMOCs for this AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request
to your principal inspector or local Flight Standards District
Office, as appropriate. If sending information directly to the
manager of the certification office, send it to the attention of the
person identified in Related Information or email<EMAIL_ADDRESS>    (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.

(m) Related Information

    (1) For more information about this AD, contact Gregory Johnson,
Aviation Safety Engineer, AIR-732 International Validation Section
FAA, 901 Locust, Room 301, Kansas City, MO 64106-2641; phone: (720)
626-5462; email<EMAIL_ADDRESS>    (2) Refer to European Aviation Safety Agency (EASA) AD 2019-
0015, dated January 29, 2019, for more information. You may examine
the EASA AD in the AD docket at https://www.regulations.gov by
searching for and locating it in Docket No. FAA-2021-0714.
    (3) For service information identified in this AD, contact ASI
Aviation, A[eacute]rodrome de Reims Prunay, 51360 Prunay, France;
telephone: +33 3 26 48 46 84; fax: +33 3 26 49 18 57; email:
<EMAIL_ADDRESS>website: https://asi-aviation.fr/page-Accueil.html. You may view this referenced service information at
the FAA, Airworthiness Products Section, Operational Safety Branch,
901 Locust, Kansas City, MO 64106. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.

    Issued on August 20, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-18386 Filed 8-26-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 72 (Thursday, April 14, 2011)]
[Proposed Rules]
[Pages 20906-20907]
[FR Doc No: 2011-8869]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2010-0998; FRL-9295-4]

Approval and Promulgation of Air Quality Implementation Plans;
Indiana

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA is proposing to approve a request submitted by the Indiana
Department of Environmental Management on November 24, 2010, to revise
the Indiana State Implementation Plan (SIP) under the Clean Air Act.
Indiana submitted revisions to the particulate matter (PM) and sulfur
dioxide (SO2) limits for Cargill, Incorporated (Cargill) at
its facility in Hammond (Lake County), Indiana. Indiana's
SO2 revisions tighten emission limits for some existing
units at Cargill's Hammond facility and remove the references to other
emission units that are no longer in operation, in

accordance with the terms of a September 2005 Federal consent decree.
The PM revisions reflect the permanent shutdown of and changes in unit
identification for other Cargill units.

DATES: Comments must be received on or before May 16, 2011.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2010-0998, by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. E-mail<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: Douglas Aburano, Chief, Control Strategies Section, Air
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West
Jackson Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery: Douglas Aburano, Chief, Control Strategies
Section, Air Programs Branch (AR-18J), U.S. Environmental Protection
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Such
deliveries are only accepted during the Regional Office normal hours of
operation, and special arrangements should be made for deliveries of
boxed information. The Regional Office official hours of business are
Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal
holidays.
    Please see the direct final rule which is located in the Rules
section of this Federal Register for detailed instructions on how to
submit comments.

FOR FURTHER INFORMATION CONTACT: Matt Rau, Environmental Engineer,
Control Strategies Section, Air Programs Branch (AR-18J), Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In the Final Rules section of this Federal
Register, EPA is approving the State's SIP submittal as a direct final
rule without prior proposal because the Agency views this as a
noncontroversial submittal and anticipates no adverse comments. A
detailed rationale for the approval is set forth in the direct final
rule. If no adverse comments are received in response to this rule, no
further activity is contemplated. If EPA receives adverse comments, the
direct final rule will be withdrawn and all public comments received
will be addressed in a subsequent final rule based on this proposed
rule. EPA will not institute a second comment period. Any parties
interested in commenting on this action should do so at this time.
Please note that if EPA receives adverse comment on an amendment,
paragraph, or section of this rule and if that provision may be severed
from the remainder of the rule, EPA may adopt as final those provisions
of the rule that are not the subject of an adverse comment. For
additional information, see the direct final rule which is located in
the Rules section of this Federal Register.

    Dated: April 4, 2011.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2011-8869 Filed 4-13-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 75, Number 249 (Wednesday, December 29, 2010)]
[Notices]
[Page 82040]
[FR Doc No: 2010-32796]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2010-1130]

Notice of Public Meeting on the International Maritime
Organization Guidelines for Exhaust Gas Cleaning Systems for Marine
Engines To Comply with Annex VI to MARPOL 73/78

AGENCY: Coast Guard, DHS.

ACTION: Notice of meeting.

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

SUMMARY: The United States Coast Guard will conduct a public meeting on
the International Maritime Organization guidelines for exhaust gas
cleaning systems for marine engines in Washington, DC. The purpose of
this meeting will be to collect information for updates to CG-543
policy letter 09-01 that provide guidance for exhaust gas cleaning
systems under MARPOL Annex VI regulation 4.

DATES: This public meeting will be held for two days beginning at 9:30
a.m., Eastern Time, on Wednesday, January 19 and ending at 4 p.m.,
Eastern Time, on Thursday, January 20, 2011. This meeting is open to
the public.

ADDRESSES: The public meeting will be held in Room 2501 of the United
States Coast Guard Headquarters Transpoint building in Washington DC.
The Transpoint building is located at 2100 Second Street, Southwest, in
Washington, DC, approximately 1 mile from the Southwest-SEU Metro
Station.

FOR FURTHER INFORMATION CONTACT: For additional information about this
public meeting you may contact Mr. Wayne Lundy by telephone at 202-372-
1379 or by e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The purpose of this meeting is to discuss
guidelines and accompanying washwater discharge criteria developed by
the IMO for exhaust gas cleaning systems for marine engines to remove
sulphur oxide emissions in order to comply with regulation 14 of Annex
VI of the International Convention for the Prevention of Pollution from
Ships (MARPOL 73/78).
    On July 21, 2008, the Maritime Pollution Prevention Act of 2008,
Public Law 110-280, was enacted. This legislation amended the Act to
Prevent Pollution from Ships (APPS), 33 U.S.C. 1901-1915. APPS, which
defines the MARPOL Protocol to include Annex VI, makes it unlawful to
act in violation MARPOL Annex VI. See 33 U.S.C. 1901 and 1907. Working
with other agencies, under 33 U.S.C. 1903, the Coast Guard is charged
with administering and enforcing the MARPOL Protocol.

Agenda of Meeting

    The public meeting will cover:
    (1) Potential type approval process;
    (2) Development of explicit test procedures;
    (3) Inspection & verification of compliance;
    (4) Consistency of the sludge from washwater;
    (5) Proper disposal of sludge;
    (6) Adequate reception facilities;
    (7) Safety concerns;
    (8) Training needs; and
    (9) Recordkeeping.

Procedural

    This meeting is open to the public. Please note that the public
meeting has a limited number of seats and may close early if all
business is finished. There will be audiovisual arrangements available
for those interested in making presentations. Also, teleconferencing
will be available. Those interested in making presentations or
teleconferencing should contact Mr. Wayne Lundy by telephone at (202)
372-1379 or by e-mail at<EMAIL_ADDRESS>    The IMO guidelines are contained in document MEPC.184(59). A copy
of the IMO guidelines is available in the docket. A limited number of
paper copies will be available at this meeting. Summaries of comments
made, materials presented, and lists of attendees will be available on
the docket at the conclusion of the meeting. To view comments and
materials in the docket, go to http://www.regulations.gov at any time,
enter the docket number ``USCG-2010-1130'' in the Search box, and click
on ``Go>>.''

Information on Services for Individuals With Disabilities

    For information on facilities or services for individuals with
disabilities or to request special assistance at the meeting, contact
Mr. Wayne Lundy at<PHONE_NUMBER> or by e-mail at
<EMAIL_ADDRESS>as soon as possible.

    Dated: December 23, 2010.
J.G. Lantz,
Director of Commercial Regulations and Standards.
[FR Doc. 2010-32796 Filed 12-28-10; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 86, Number 143 (Thursday, July 29, 2021)]
[Notices]
[Pages 40819-40820]
[FR Doc No: 2021-16166]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG21-199-000.
    Applicants: Kahana Solar, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Kahana Solar, LLC.
    Filed Date: 7/23/21.
    Accession Number: 20210723-5070.
    Comments Due: 5 p.m. ET 8/13/21.

    Docket Numbers: EG21-200-000.
    Applicants: Arlington Energy Center II, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Arlington Energy Center II, LLC.
    Filed Date: 7/23/21.
    Accession Number: 20210723-5119.
    Comments Due: 5 p.m. ET 8/13/21.

    Docket Numbers: EG21-201-000.
    Applicants: Barbers Point Solar, LLC.
    Description: Self-Certification of Exempt Wholesale Generator
status of Barbers Point Solar, LLC.
    Filed Date: 7/23/21.
    Accession Number: 20210723-5121.
    Comments Due: 5 p.m. ET 8/13/21.

    Docket Numbers: EG21-202-000.
    Applicants: Paeahu Solar LLC.
    Description: Self-Certification of Exempt Wholesate Generator
status of Paeahu Solar LLC.
    Filed Date: 7/23/21.
    Accession Number: 20210723-5122.

    Comments Due: 5 p.m. ET 8/13/21.

    Docket Numbers: EG21-203-000.
    Applicants: Hale Kuawehi Solar LLC.
    Description: Self-Certification of Exempt Wholesale Generator
status of Hale Kuawehi Solar LLC.
    Filed Date: 7/23/21.
    Accession Number: 20210723-5125.
    Comments Due: 5 p.m. ET 8/13/21.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER11-3377-006; ER11-3376-006; ER11-3378-006.
    Applicants: Horseshoe Bend Wind, LLC, North Hurlburt Wind, LLC,
South Hurlburt Wind, LLC.
    Description: Notice of Non-Material Change in Status of Horseshoe
Bend Wind, LLC, et al.
    Filed Date: 7/22/21.
    Accession Number: 20210722-5239.
    Comments Due: 5 p.m. ET 8/12/21.

    Docket Numbers: ER21-330-000.
    Applicants: Specialty Products US, LLC.
    Description: Refund Report of Specialty Products US, LLC, et al.
    Filed Date: 7/22/21.
    Accession Number: 20210722-5217.
    Comments Due: 5 p.m. ET 8/12/21.

    Docket Numbers: ER21-486-001.
    Applicants: New York Independent System Operator, Inc.
    Description: Compliance filing: Effective date notice re:
enhancements to TCC credit requirements to be effective 8/6/2021.
    Filed Date: 7/23/21.
    Accession Number: 20210723-5054.
    Comments Due: 5 p.m. ET 8/13/21.

    Docket Numbers: ER21-2488-000.
    Applicants: NextEra Blythe Solar Energy Center, LLC.
    Description: Sec.  205(d) Rate Filing: NextEra Blythe Solar Energy
Center, LLC Filing of Amended and Restated SFA to be effective 7/23/
2021.
    Filed Date: 7/22/21.
    Accession Number: 20210722-5208.
    Comments Due: 5 p.m. ET 8/12/21.

    Docket Numbers: ER21-2489-000.
    Applicants: Southern California Edison Company.
    Description: Sec.  205(d) Rate Filing: Amended IFA FPLE Green Power
SA No. 109 to be effective 9/22/2021.
    Filed Date: 7/23/21.
    Accession Number: 20210723-5067.
    Comments Due: 5 p.m. ET 8/13/21.

    Docket Numbers: ER21-2490-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Amendment to ISA, Service
Agreement No.2967; Queue No. V4-054 (amend) to be effective 6/17/2011.
    Filed Date: 7/23/21.
    Accession Number: 20210723-5076.
    Comments Due: 5 p.m. ET 8/13/21.

    Docket Numbers: ER21-2491-000.
    Applicants: Tri-State Generation and Transmission Association, Inc.
    Description: Sec.  205(d) Rate Filing: Amendment to Rate Schedule
No. 222 to be effective 9/21/2021.
    Filed Date: 7/23/21.
    Accession Number: 20210723-5082.
    Comments Due: 5 p.m. ET 8/13/21.

    Docket Numbers: ER21-2492-000.
    Applicants: Tri-State Generation and Transmission Association, Inc.
    Description: Sec.  205(d) Rate Filing: Amendment to Rate Schedule
No. 214 to be effective 9/21/2021.
    Filed Date: 7/23/21.
    Accession Number: 20210723-5090.
    Comments Due: 5 p.m. ET 8/13/21.

    Docket Numbers: ER21-2493-000.
    Applicants: Southern California Edison Company.
    Description: Tariff Cancellation: Amended LGIA BigBeau Solar, LLC
SA No. 212 & Terminate eTariff record of LGIA to be effective 7/24/
2021.
    Filed Date: 7/23/21.
    Accession Number: 20210723-5091.
    Comments Due: 5 p.m. ET 8/13/21.

    Docket Numbers: ER21-2494-000.
    Applicants: Meyersdale Windpower LLC.
    Description: Sec.  205(d) Rate Filing: Second and Restated Common
Facilities Agreement to be effective 7/26/2021.
    Filed Date: 7/23/21.
    Accession Number: 20210723-5099.
    Comments Due: 5 p.m. ET 8/13/21.

    Docket Numbers: ER21-2495-000.
    Applicants: California Independent System Operator Corporation.
    Description: Compliance filing: 2021-07-23 NAESB Waiver Filing to
be effective N/A.
    Filed Date: 7/23/21.
    Accession Number: 20210723-5142.
    Comments Due: 5 p.m. ET 8/13/21.

    Docket Numbers: ER21-2496-000.
    Applicants: California Independent System Operator Corporation.
    Description: Compliance filing: 2021-07-23 Compliance Filing--NAESB
to be effective 10/27/2021.
    Filed Date: 7/23/21.
    Accession Number: 20210723-5145.
    Comments Due: 5 p.m. ET 8/13/21.

    Docket Numbers: ER21-2497-000.
    Applicants: El Paso Electric Company.
    Description: Sec.  205(d) Rate Filing: Service Agreement No. 360,
LGIA with Solar PV Development NM 29 II to be effective 9/22/2021.
    Filed Date: 7/23/21.
    Accession Number: 20210723-5172.
    Comments Due: 5 p.m. ET 8/13/21.

    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: July 23, 2021.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2021-16166 Filed 7-28-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 164 (Wednesday, August 24, 2016)]
[Notices]
[Pages 57967-57968]
[FR Doc No: 2016-20207]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78613; File No. SR-BatsBZX-2016-35]

Self-Regulatory Organizations; Bats BZX Exchange, Inc.; Notice of
Designation of a Longer Period for Commission Action on a Proposed Rule
Change To List and Trade Shares of the JPMorgan Global Bond
Opportunities ETF

August 18, 2016.
    On July 1, 2016, Bats BZX Exchange, Inc. (the ``Exchange'' or
``BZX'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to list and trade shares of the JPMorgan Global
Bond Opportunities ETF of the J.P. Morgan Exchange-Traded Fund Trust
under BZX Rule 14.11(i). The proposed rule change was published for
comment in the Federal Register on July 14, 2016.\3\ The Commission
received no comments on the proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 78264 (July 8,
2016), 81 FR 45546.
---------------------------------------------------------------------------

    Section 19(b)(2) of the Act \4\ provides that, within 45 days of
the publication of notice of the filing of a proposed rule change, or
within such longer period up to 90 days as the Commission may designate
if it finds such longer period to be appropriate and publishes its
reasons for so finding or as to which the self-regulatory organization
consents, the Commission shall either approve the proposed rule change,
disapprove the proposed rule change, or institute proceedings to
determine whether the proposed rule change should be disapproved. The
Commission is extending this 45-day time period.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

    The Commission finds it appropriate to designate a longer period
within which to take action on the proposed rule change so that it has
sufficient time to consider the proposed rule change. Accordingly, the
Commission, pursuant to Section 19(b)(2) of the Act,\5\ designates
October 12, 2016 as the date by which the Commission should either
approve or disapprove, or institute proceedings to determine whether to
disapprove, the proposed rule change (File No. SR-BatsBZX-2016-35).
---------------------------------------------------------------------------

    \5\ Id.

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

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\6\
Robert W. Errett,
Deputy Secretary.
---------------------------------------------------------------------------

    \6\ 17 CFR 200.30-3(a)(31).
---------------------------------------------------------------------------

[FR Doc. 2016-20207 Filed 8-23-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: February 15, 2006 (Volume 71, Number 31)]
[Notices]
[Page 7938-7940]
[DOCID:fr15fe06-52]

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ENVIRONMENTAL PROTECTION AGENCY

[ORD-2005-0031; FRL-8033-2]

Board of Scientific Counselors, Water Quality Subcommittee
Meeting--March 2006

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of meeting.

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

SUMMARY: Pursuant to the Federal Advisory Committee Act, Public Law 92-
463, the Environmental Protection

Agency, Office of Research and Development (ORD), gives notice of a
meeting of the Board of Scientific Counselors (BOSC) Water Quality
Subcommittee.

DATES: A conference call meeting will be held on March 6, 2006 from
10:30 a.m. to 12:30 p.m. eastern time. The meeting may adjourn early if
all business is finished. Requests for the draft agenda or for making
oral presentations during the conference will be accepted up to 1
business day before each conference call date.

ADDRESSES: Conference Call: Participation in the conference call will
be by teleconference only--meeting rooms will not be used. Members of
the public who wish to obtain the call-in number and access code to
participate in a teleconference meeting may contact Bernice L. Smith,
Designated Federal Officer, whose contact information is listed under
the FOR FURTHER INFORMATION CONTACT section of this notice, at least
four work days prior to each conference call.

Document Availability

    Any member of the public interested in receiving a draft agenda
for, or making a presentation during the conference call, may contact
Bernice L. Smith, Designated Federal Officer, whose contact information
is listed under the FOR FURTHER INFORMATION CONTACT section of this
notice.
    In general, each individual making an oral presentation will be
limited to a total of three minutes. The draft agendas can also be
viewed through EDOCKET, as provided in Unit I.A. of the SUPPLEMENTARY
INFORMATION section.

Submitting Comments

    Comments may be submitted electronically, by mail, or through hand
delivery/courier. Follow the detailed instructions as provided in Unit
I.B. of the SUPPLEMENTARY INFORMATION section. Written comments will be
accepted up to 1 business day before the conference calls/meeting
dates.

FOR FURTHER INFORMATION CONTACT: Bernice L. Smith, Designated Federal
Officer, via telephone/voice mail at<PHONE_NUMBER>, via e-mail at
<EMAIL_ADDRESS>or by mail at Environmental Protection Agency,

Office of Research and Development, Mail Code 8723-F, 1200 Pennsylvania
Avenue, NW., Washington, DC 20460.

SUPPLEMENTARY INFORMATION:

I. General Information

    Proposed agenda items for the conference calls include, but are not
limited to: discussion of the January 25, 2006 poster sessions and the
draft final report of the Water Quality BOSC review. The conference
call is open to the public.
    Information on Services for Individuals with Disabilities: For
information on access or services for individuals with disabilities,
please contact Bernice L. Smith at<PHONE_NUMBER> or
<EMAIL_ADDRESS>To request accommodation of a disability,

please contact Bernice L. Smith, preferably at least 10 days prior to
the meeting, to give EPA as much time as possible to process your
request.

A. How Can I Get Copies of Related Information?

    1. Docket. EPA has established an official public docket for this
action under Docket ID No. ORD-2005-0031. The official public docket
consists of the documents specifically referenced in this action, any
public comments received, and other information related to this action.
Documents in the official public docket are listed in the index in
EPA's electronic public docket and comment system, EDOCKET. Documents
may be available either electronically or in hard copy. Electronic
documents may be viewed through EDOCKET. Hard copies of the draft
agendas may be viewed at the Board of Scientific Counselors, Water
Quality Research Program Subcommittee--Winter 2006 Docket in the EPA
Docket Center (EPA/DC), EPA West, Room B102, 1301 Constitution Ave.,
NW., Washington, DC. The EPA Docket Center Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Public Reading Room is (202)
566-1744, and the telephone number for the ORD Docket is (202) 566-
1752.
    2. Electronic Access. You may access this Federal Register document
electronically through the EPA Internet under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr/.

    An electronic version of the public docket is available through
EDOCKET. You may use EDOCKET at http://www.epa.gov/edocket/ to submit

or view public comments, access the index listing of the contents of
the official public docket, and to access those documents in the public
docket that are available electronically. Once in the system, select
``search,'' then key in the appropriate docket identification number.
    For public commenters, it is important to note that EPA's policy is
that public comments, whether submitted electronically or in paper,
will be made available for public viewing in EPA's electronic public
docket as EPA receives them and without change, unless the comment
contains copyrighted material, confidential business information (CBI),
or other information whose disclosure is restricted by statute. When
EPA identifies a comment containing copyrighted material, EPA will
provide a reference to that material in the version of the comment that
is placed in EPA's electronic public docket. The entire printed
comment, including the copyrighted material, will be available in the
public docket.
    Public comments submitted on computer disks that are mailed or
delivered to the docket will be transferred to EPA's electronic public
docket. Public comments that are mailed or delivered to the Docket will
be scanned and placed in EPA's electronic public docket.

B. How and To Whom Do I Submit Comments?

    You may submit comments electronically, by mail, or through hand
delivery/courier. To ensure proper receipt by EPA, identify the
appropriate docket identification number in the subject line on the
first page of your comment. Please ensure that your comments are
submitted within the specified comment period.
    1. Electronically. If you submit an electronic comment as
prescribed below, EPA recommends that you include your name, mailing
address, and an e-mail address or other contact information in the body
of your comment. Also include this contact information on the outside
of any disk or CD ROM you submit, and in any cover letter accompanying
the disk or CD ROM. This ensures that you can be identified as the
submitter of the comment and allows EPA to contact you in case EPA
cannot read your comment due to technical difficulties or needs further
information on the substance of your comment. EPA's policy is that EPA
will not edit your comment, and any identifying or contact information
provided in the body of a comment will be included as part of the
comment that is placed in the official public docket, and made
available in EPA's electronic public docket. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment.
    i. EDOCKET. Your use of EPA's electronic public docket to submit
comments to EPA electronically is EPA's preferred method for receiving
comments. Go directly to EDOCKET at http://www.epa.gov/edocket, and

follow

the online instructions for submitting comments. To access EPA's
electronic public docket from the EPA Internet Home Page, http://www.epa.gov
, select ``Information Sources,'' ``Dockets,'' and

``EDOCKET.'' Once in the system, select ``search,'' and then key in
Docket ID No. ORD-2005-0031. The system is an anonymous access system,
which means EPA will not know your identity, e-mail address, or other
contact information unless you provide it in the body of your comment.
    ii. E-mail. Comments may be sent by electronic mail (e-mail) to
<EMAIL_ADDRESS>Attention Docket ID No. ORD-2005-0031. In contrast

to EPA's electronic public docket, EPA's e-mail system is not an
anonymous access system. If you send an e-mail comment directly to the
docket without going through EPA's electronic public docket, EPA's e-
mail system automatically captures your e-mail address. E-mail
addresses that are automatically captured by EPA's e-mail system are
included as part of the comment that is placed in the official public
docket, and made available in EPA's electronic public docket.
    iii. Disk or CD ROM. You may submit comments on a disk or CD ROM
that you mail to the mailing address identified in Unit I.B.2. These
electronic submissions will be accepted in WordPerfect or ASCII file
format. Avoid the use of special characters and any form of encryption.
    2. By Mail. Send your comments to: U.S. Environmental Protection
Agency, ORD Docket, EPA Docket Center (EPA/DC), Mailcode: 28221T, 1200
Pennsylvania Ave., NW., Washington, DC 20460, Attention Docket ID No.
ORD-2005-0031.
    3. By Hand Delivery or Courier. Deliver your comments to: EPA
Docket Center (EPA/DC), Room B102, EPA West Building, 1301 Constitution
Avenue, NW., Washington, DC, Attention Docket ID No. ORD-2005-0031
(note: this is not a mailing address). Such deliveries are only
accepted during the docket's normal hours of operation as identified in
Unit I.A.1.

    Dated: February 9, 2006.
Kevin Y. Teichman,
Director, Office of Science Policy.
 [FR Doc. E6-2154 Filed 2-14-06; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register: October 1, 2008 (Volume 73, Number 191)]
[Notices]
[Page 57183-57185]
[DOCID:fr01oc08-138]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58629; File No. SR-NYSE-2008-85]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
Amending NYSE Rule 1000 (``Automatic Execution of Limit Orders Against
Orders Reflected in NYSE Published Quotation'')

September 24, 2008.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on September 17, 2008, New York Stock Exchange LLC ``NYSE'' or the
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to amend Exchange Rule 1000(a)(iv)(C) to
modify the current LRP value ranges. The text of the proposed rule
change is available at NYSE, http://www.nyse.com, and the Commission's
Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend Exchange Rule 1000(a)(iv)(C)
(Liquidity Replenishment Point) to widen the value ranges for the
calculation of liquidity replenishment points (``LRPs'').
Background
    Pursuant to NYSE Rule 1000(a)(iv), LRPs are pre-determined price
points that function to moderate volatility, improve price continuity,
and foster market quality in a particular security by temporarily
converting the electronic market to an auction market and permitting
new orders, the Crowd, or the specialist, to add liquidity.\3\
---------------------------------------------------------------------------

    \3\ See also NYSE Rules 60(e)(i). It is important to note that
not all securities on the NYSE are eligible for automatic
executions. In accordance with Exchange Rule 1000(a)(vi) those
securities that are priced at or more than $1000 per share are
defined as ``high-priced'' and do not receive automatic executions
and, therefore, are not assigned an LRP value ranges.
---------------------------------------------------------------------------

    Pursuant to NYSE Rule 60, Autoquote is suspended when an LRP is
reached and resumes in no more than five to ten seconds after the LRP
is reached.\4\ Autoquote resumes unless there is interest on the NYSE
Display Book[supreg] system \5\ that would lock or cross the market. In
such case, Autoquote will resume with a manual transaction.\6\
---------------------------------------------------------------------------

    \4\ See NYSE Rule 60(e)(ii)(C). Currently, in an effort to
increase the availability of NYSE quotes eligible for automatic
execution, the NYSE will revert to auto-quoting in situations where
the LRP has been hit but the market is not locked or crossed in five
seconds. See Liquidity Replenishment Points (LRPs) Timer Pilot
(August 20, 2008), NYSE Trader Updates available at: http://
traderupdates.nyse.com/2008/08/liquidity_replenishment_points_
2.html .
    \5\ The Display Book[supreg] system is an order management and
execution facility. The Display Book system receives and displays
orders to the specialists, contains the Book, and provides a
mechanism to execute and report transactions and publish the results
to the Consolidated Tape. The Display Book system is connected to a
number of other Exchange systems for the purposes of comparison,
surveillance, and reporting information to customers and other
market data and national market systems.
    \6\ See NYSE Rule 60(e)(ii)(C).
---------------------------------------------------------------------------

    LRPs are calculated by adding and subtracting a value to the
security's last sale price. The LRP values are based on an examination
of trading data and vary based on the security's NYSE average daily
volume (``ADV''), price, and volatility. The values used to calculate
the LRP's range do not change intraday

and are disseminated daily by the Exchange on its Web site.
Modification to LRP Value Ranges
    The Exchange proposes to amend NYSE Rule 1000(a)(iv)(C) to double
the current LRP ranges in order to limit the number of times that an
LRP is reached and the total number of times during the trading day
that automatic execution is suspended as a result of an LRP being
triggered. In this way the Exchange will allow for more continuous
automatic executions of securities. While the purpose of the LRP is to
dampen volatility and to provide market participants with time to
react, the Exchange believes that the proposed amendment is necessary
to lessen artificial limitations on trading and will ultimately provide
beneficial trading opportunities for its customers. As a means of
controlling volatility, LRPs are intended to be triggered infrequently,
i.e., when the market is experiencing a large price movement (based on
a security's typical trading characteristics or other market
conditions) over short periods of time during the trading day. If an
LRP is triggered too frequently trading in the security is overly
restrained and does not meet the competitive needs of NYSE customers.
As such the NYSE believes that doubling the current LRP value ranges
will better facilitate the natural trading pattern of a particular
security.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
and furthers the objectives of Section 6(b)(5) \7\ of the Act, in that
it is designed to prevent fraudulent and manipulative practices, to
promote just and equitable principles of trade, to remove impediments
to, and perfect the mechanisms of, a free and open market and a
national market system, and, in general, to protect investors and the
public interest. The proposed rule change also is designed to support
the principles of Section 11A(a)(1) \8\ in that it seeks to assure
economically efficient execution of securities transactions, make it
practicable for brokers to execute investors' orders in the best market
and provide an opportunity for investors' orders to be executed without
the participation of a dealer. The Exchange's proposal to double the
current LRP ranges is consistent with these objectives in that it is
intended to limit the number of times that an LRP is reached and the
total number of times during the trading day that automatic execution
is suspended as a result of an LRP being triggered.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b)(5).
    \8\ 15 U.S.C. 78k-1(a)(1).
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is 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

    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 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\ because
the foregoing proposed rule change: (1) Does not significantly affect
the protection of investors or the public interest; (2) does not impose
any significant burden on competition; and (3) by its terms, does not
become operative for 30 days after the date of filing, or such shorter
time as the Commission may designate if consistent with the protection
of investors and the public interest.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) normally may
not become operative prior to 30 days after the date of filing.\11\
However, Rule 19b-4(f)(6)(iii) permits the Commission to designate a
shorter time if such action is consistent with the protection of
investors and the public interest. The Exchange has asked the
Commission to waive the 30-day operative delay, as specified in Rule
19b-4(f)(6)(iii),\12\ which would make the rule change effective and
operative upon filing. The Commission believes that waiving the 30-day
operative delay is consistent with the protection of investors and the
public interest because the proposal is designed to benefit market
participants and customers by providing for more continuous automatic
executions of securities traded on the Exchange.\13\ Specifically, the
proposed rule change seeks to maintain LRPs as a mechanism to moderate
volatility, but proposes to adjust the current LRP ranges in order to
limit the number of times during the trading day that automatic
execution is suspended as a result of an LRP being triggered.
Accordingly, the Commission designates the proposed rule change
effective and operative upon filing with the Commission.
---------------------------------------------------------------------------

    \11\ 17 CFR 240.19b-4(f)(6)(iii). In addition, Rule 19b-
4(f)(6)(iii) requires the self-regulatory organization to give the
Commission 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. NYSE has satisfied this requirement.
    \12\ 17 CFR 240.19b-4(f)(6)(iii).
    \13\ For purposes only of waiving the operative delay for this
proposal, the Commission has considered the proposed rule's impact
on efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the 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.

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-NYSE-2008-85 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSE-2008-85. 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 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 publicly available. All submissions should refer to
File Number SR-NYSE-2008-85 and should be submitted on or before
October 22, 2008.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-22964 Filed 9-30-08; 8:45 am]

BILLING CODE 8011-01-P