[Federal Register Volume 82, Number 68 (Tuesday, April 11, 2017)]
[Rules and Regulations]
[Pages 17380-17382]
[FR Doc No: 2017-07151]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2016-0466; FRL-9957-15-Region 9]

Approval of California Air Plan Revisions, Butte County Air
Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve a revision to the Butte County Air Quality
Management District (BCAQMD) portion of the California State
Implementation Plan (SIP). This revision concerns the necessary
procedures to create emission reduction credits (ERCs) from the
reduction of volatile organic compounds (VOCs), oxides of nitrogen,
oxides of sulfur, particulate matter and carbon monoxide emissions due
to the permanent curtailment of burning rice straw. We are approving a
local rule that provides administrative procedures for creating ERCs
consistent with Clean Air Act (CAA or the Act) requirements.

DATES: This rule is effective on June 12, 2017 without further notice,
unless the EPA receives adverse comments by May 11, 2017. If we receive
such comments, we will publish a timely withdrawal in the Federal
Register to notify the public that this direct final rule will not take
effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2016-0466 at http://www.regulations.gov, or via email to Andrew
Steckel, Rulemaking Office Chief at<EMAIL_ADDRESS>For
comments submitted at Regulations.gov, follow the online instructions
for submitting comments. Once submitted, comments cannot be removed or
edited from Regulations.gov. For either manner of submission, the EPA
may publish any comment received to its public docket. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Multimedia submissions (audio, video, etc.) must be
accompanied by a written comment. The written comment is considered the
official comment and should include discussion of all points you wish
to make. The EPA will generally not consider comments or comment
contents located outside of the primary submission (i.e., on the web,
cloud or other file sharing system). For

additional submission methods, please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section. For the full EPA public
comment policy, information about CBI or multimedia submissions, and
general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Nancy Levin, EPA Region IX, (415) 972-
3848<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.

Table of Contents

I. The State's Submittal
    A. What rule did the State submit?
    B. Are there other versions of this rule?
    C. What is the purpose of the submitted rule?
II. The EPA's Evaluation and Action
    A. How is the EPA evaluating the rule?
    B. Does the rule meet the evaluation criteria?
    C. EPA Recommendations To Further Improve the Rule
    D. Public Comment and Proposed Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. The State's Submittal

A. What rule did the State submit?

    Table 1 lists the rule addressed by this action with the dates that
it was adopted by the local air agency and submitted by the California
Air Resources Board (CARB).

                                             Table 1--Submitted Rule
----------------------------------------------------------------------------------------------------------------
         Local agency             Rule No.        Rule title          Amended                 Submitted
----------------------------------------------------------------------------------------------------------------
BCAQMD........................          433   Rice Straw         April 24, 2014...  November 6, 2014.
                                               Emission
                                               Reduction
                                               Credits.
----------------------------------------------------------------------------------------------------------------

    On December 18, 2014, the EPA determined that the submittal for
BCAQMD Rule 433 met the completeness criteria in 40 CFR part 51
Appendix V, which must be met before formal EPA review.

B. Are there other versions of this rule?

    There are no previous versions of Rule 433 in the SIP, although the
BCAQMD adopted an earlier version of this rule on August 26, 2010, and
CARB submitted it to us on February 6, 2013. While we can act on only
the most recently submitted version, we have reviewed materials
provided with previous submittals.

C. What is the purpose of the submitted rule?

    Historically, the practice of rice growing included burning the
field stubble or straw following harvest to kill weeds and insects, and
to prepare the field for the next year's plantings. The purpose of Rule
433 is to provide procedures to quantify, certify and issue ERCs that
have resulted from the permanent curtailment of rice straw burning in
the BCAQMD. Approval of Rule 433 into the SIP would allow these ERCs to
be used as offsets under BCAQMD's New Source Review (NSR) rule. The
EPA's technical support document (TSD) has more information about this
rule.

II. The EPA's Evaluation and Action

A. How is the EPA evaluating the rule?

    SIP rules must be enforceable (see CAA section 110(a)(2)), must not
interfere with applicable requirements concerning attainment and
reasonable further progress or other CAA requirements (see CAA section
110(l)), and must not modify certain SIP control requirements in
nonattainment areas without ensuring equivalent or greater emission
reductions (see CAA section 193). In addition, a rule that generates
ERCs for use as offsets in the NSR program must meet the NSR
requirement for valid offsets (see section 173(c)) and should meet the
criteria set forth in EPA's guidance concerning economic incentive
programs.
    Guidance and policy documents that we use to evaluate
enforceability, SIP relaxation, NSR and rule stringency requirements
for the applicable criteria include the following:
    1. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and
Deviations,'' EPA, May 25, 1988 (the Bluebook, revised January 11,
1990)
    2. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
    3. New Source Review--Section 173(c) of the CAA and 40 CFR part 51,
appendix S, ``Emission Offset Interpretative Ruling'' require certain
sources to obtain emission reductions to offset increased emissions
from new projects.
    4. ``Improving Air Quality with Economic Incentive Programs,'' EPA-
452/R-01-001, January 2001.

B. Does the rule meet the evaluation criteria?

    We believe this rule is consistent with the relevant policy and
guidance regarding enforceability and economic incentive programs. This
rule includes detailed emissions quantification protocols and
enforceable procedures that provide the necessary assurance that the
ERCs issued will meet the criteria for valid NSR offsets. The TSD has
more information on our evaluation.

C. EPA Recommendations To Further Improve the Rule

    The TSD describes additional rule revisions that we recommend for
the next time the local agency modifies the rule.

D. Public Comment and Proposed Action

    As authorized in section 110(k)(3) of the Act, the EPA is fully
approving the submitted rule because we believe it fulfills all
relevant requirements. We do not think anyone will object to this
approval, so we are finalizing it without proposing it in advance.
However, in the Proposed Rules section of this Federal Register, we are
simultaneously proposing approval of the same submitted rule. If we
receive adverse comments by May 11, 2017, we will publish a timely
withdrawal in the Federal Register to notify the public that the direct
final approval will not take effect and we will address the comments in
a subsequent final action based on the proposal. If we do not receive
timely adverse comments, the direct final approval will be effective
without further notice on June 12, 2017. This will incorporate the rule
into the federally enforceable SIP.
    Please note that if the EPA receives an adverse comment on an
amendment, paragraph or section of this rule, and if that provision may
be severed from the remainder of the rule, the EPA may adopt as final
those provisions of the rule that are not the subject of an adverse
comment.

III. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the

BCAQMD rule described in the amendments to 40 CFR part 52 set forth
below. The EPA has made, and will continue to make, these documents
available through www.regulations.gov and at the EPA Region IX Office
(please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section of this preamble for more information).

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4);
     does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     does not provide the EPA with the discretionary authority
to address, as appropriate, disproportionate human health or
environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by June 12, 2017. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the Proposed
Rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that the EPA can withdraw this direct final rule and address the
comment in the proposed rulemaking. This action may not be challenged
later in proceedings to enforce its requirements (see section
307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

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

    Dated: December 9, 2016.
Alexis Strauss,
Acting Regional Administrator, Region IX.

    Editorial note:  This document was received at the Office of the
Federal Register on April 5, 2017.

    Part 52, Chapter I, Title 40 of the Code of Federal Regulations is
amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart F--California

0
2. Section 52.220 is amended by adding paragraph (c)(457)(i)(C)(5) to
read as follows:

Sec.  52.220  Identification of plan-in part.

* * * * *
    (c) * * *
    (457) * * *
    (i) * * *
    (C) * * *
    (5) Rule 433, ``Rice Straw Emission Reduction Credits,'' amended on
April 24, 2014.
* * * * *
[FR Doc. 2017-07151 Filed 4-10-17; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 85, Number 184 (Tuesday, September 22, 2020)]
[Proposed Rules]
[Pages 59460-59463]
[FR Doc No: 2020-20676]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0846; Project Identifier MCAI-2020-00806-T]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain Airbus SAS Model A350-941 and -1041 airplanes. This
proposed AD was prompted by reports of migration of the bushings of the
horizontal tail plane (HTP) lateral load fittings (LLFs) on the left-
and right-hand sides during flight test. This proposed AD would require
repetitive inspections for migration of the bushings of the HTP LLFs on
the left- and right-hand sides, and terminating repair or modification
of any affected bushing, as specified in a European Union Aviation
Safety Agency (EASA), which will be incorporated by reference. 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 November 6,
2020.

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 the material incorporated by reference (IBR) in this AD,
contact the EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany;
telephone +49 221 8999 000; email<EMAIL_ADDRESS>internet
www.easa.europa.eu. You may find this IBR material on the EASA website
at https://ad.easa.europa.eu. You may view this IBR material at the
FAA, Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>. It is also available in
the AD docket on the internet at https://www.regulations.gov by
searching for and locating Docket No. FAA-2020-0846.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0846; or in person at Docket Operations

between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this NPRM, any comments received, and
other information. The street address for Docket Operations is listed
above. Comments will be available in the AD docket shortly after
receipt.

FOR FURTHER INFORMATION CONTACT: Kathleen Arrigotti, Aerospace
Engineer, Large Aircraft Section, International Validation Branch, FAA,
2200 South 216th St., Des Moines, WA 98198; telephone and fax 206-231-
3218; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to participate in this rulemaking by submitting
written comments, data, or views about this proposal. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. To
ensure the docket does not contain duplicate comments, commenters
should send only one copy of written comments, or if comments are filed
electronically, commenters should submit only one time. Send your
comments to an address listed under the ADDRESSES section. Include
``Docket No. FAA-2020-0846; Project Identifier MCAI-2020-00806-T at the
beginning of your 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, as well
as a report summarizing each substantive public contact with FAA
personnel concerning this proposed rulemaking. Before acting on this
proposal, the FAA will consider all comments received by the closing
date for comments. The FAA will consider comments filed after the
comment period has closed if it is possible to do so without incurring
expense or delay. The FAA may change this NPRM because of those
comments.

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 the
person identified in the FOR FURTHER INFORMATION CONTACT section. Any
commentary that the FAA receives which is not specifically designated
as CBI will be placed in the public docket for this rulemaking.

Discussion

    The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2020-0139R1, dated July 3, 2020
(``EASA AD 2020-0139R1'') (also referred to as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for certain Airbus SAS Model A350-941 and -1041 airplanes.
    This proposed AD was prompted by reports of migration of the
bushings of the HTP LLFs on the left- and right-hand sides during
flight test. The FAA is proposing this AD to address combined corrosion
and fatigue damage of the primary structure, possibly resulting in
failure of an HTP LLF and damage to adjacent structure, which could
result in reduced controllability of the airplane. See the MCAI for
additional background information.

Related IBR Material Under 1 CFR Part 51

    EASA AD 2020-0139R1 describes procedures for repetitive detailed
inspections for migration of the bushings of the HTP LLF on the left-
and right-hand sides; and repair or modification of any affected
bushing, which eliminates the need for the repetitive inspections. This
material 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 and Requirements of This Proposed AD

    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 the State of Design Authority,
the FAA has been notified of the unsafe condition described in the MCAI
referenced above. The FAA is proposing this AD because the FAA
evaluated all the relevant information and determined the unsafe
condition described previously is likely to exist or develop in other
products of the same type design.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified
in EASA AD 2020-0139R1 described previously, as incorporated by
reference, except for any differences identified as exceptions in the
regulatory text of this AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA initially worked with Airbus and EASA to develop a
process to use certain EASA ADs as the primary source of information
for compliance with requirements for corresponding FAA ADs. The FAA has
since coordinated with other manufacturers and civil aviation
authorities (CAAs) to use this process. As a result, EASA AD 2020-
0139R1 will be incorporated by reference in the FAA final rule. This
proposed AD would, therefore, require compliance with EASA AD 2020-
0139R1 in its entirety, through that incorporation, except for any
differences identified as exceptions in the regulatory text of this
proposed AD. Using common terms that are the same as the heading of a
particular section in the EASA AD does not mean that operators need
comply only with that section. For example, where the AD requirement
refers to ``all required actions and compliance times,'' compliance
with this AD requirement is not limited to the section titled
``Required Action(s) and Compliance Time(s)'' in the EASA AD. Service
information specified in EASA AD 2020-0139R1 that is required for
compliance with EASA AD 2020-0139R1 will be available on the internet
at https://www.regulations.gov by searching for and locating Docket No.
FAA-2020-0846 after the FAA final rule is published.

Costs of Compliance

    The FAA estimates that this proposed AD affects 13 airplanes of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                   Cost per
                  Labor cost                      Parts cost        product          Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
10 work-hours x $85 per hour = $850...........              $0            $850  $11,050 per inspection cycle.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates that it would take about 1 work-hour per product
to comply with the proposed reporting requirement in this proposed AD.
The average labor rate is $85 per hour. Based on these figures, the FAA
estimates the cost of reporting the inspection results on U.S.
operators to be $1,105, or $85 per product.

                  Estimated Costs for Optional Actions
------------------------------------------------------------------------
            Labor cost                Parts cost      Cost per product
------------------------------------------------------------------------
Up to 38 work-hours x $85 per hour              $0  Up to $3,230.
 = Up to $3,230.
------------------------------------------------------------------------

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to penalty for
failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of
information displays a current valid OMB control number. The control
number for the collection of information required by this proposed AD
is 2120-0056. The paperwork cost associated with this proposed AD has
been detailed in the Costs of Compliance section of this document and
includes time for reviewing instructions, as well as completing and
reviewing the collection of information. Therefore, all reporting
associated with this proposed AD is mandatory. Comments concerning the
accuracy of this burden and suggestions for reducing the burden should
be directed to Information Collection Clearance Officer, Federal
Aviation Administration, 10101 Hillwood Parkway, Fort Worth, TX 76177-
1524.

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) Will not affect intrastate aviation in Alaska, 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.

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 (AD):

Airbus SAS: Docket No. FAA-2020-0846; Project Identifier MCAI-2020-
00806-T.

(a) Comments Due Date

    The FAA must receive comments by November 6, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus SAS Model A350-941 and -1041
airplanes, certificated in any category, as identified in European
Union Aviation Safety Agency (EASA) AD 2020-0139R1, dated July 3,
2020 (``EASA AD 2020-0139R1'').

(d) Subject

    Air Transport Association (ATA) of America Code 55, Stabilizers.

(e) Reason

    This AD was prompted by reports of migration of the bushings of
the horizontal tail plane (HTP) lateral load fittings (LLFs) on the
left- and right-hand sides during flight test. The FAA is issuing
this AD to address combined corrosion and fatigue damage of the
primary structure, possibly resulting in failure of an HTP LLF and
damage to adjacent structure, which could result in reduced
controllability of the airplane.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2020-0139R1.

(h) Exceptions to EASA AD 2020-0139R1

    (1) The ``Remarks'' section of EASA AD 2020-0139R1 does not
apply to this AD.
    (2) Paragraph (6) of EASA AD 2020-0139R1 specifies to report
inspection results to Airbus within a certain compliance time. For
this AD, report inspection results at the applicable time specified
in paragraph (h)(2)(i) or (ii) of this AD.
    (i) If the inspection was done on or after the effective date of
this AD: Submit the report within 30 days after the inspection.
    (ii) If the inspection was done before the effective date of
this AD: Submit the report

within 30 days after the effective date of this AD.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Large Aircraft Section, 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 Large Aircraft Section, International Validation
Branch, send it to the attention of the person identified in
paragraph (j)(2) of this AD. Information may be emailed to<EMAIL_ADDRESS>Before using any approved AMOC, notify your
appropriate principal inspector, or lacking a principal inspector,
the manager of the local flight standards district office/
certificate holding district office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, Large Aircraft
Section, International Validation Branch, FAA; or EASA; or Airbus
SAS's EASA Design Organization Approval (DOA). If approved by the
DOA, the approval must include the DOA-authorized signature.
    (3) Required for Compliance (RC): For any service information
referenced in EASA AD 2020-0139R1 that contains RC procedures and
tests: Except as required by paragraph (i)(2) of this AD, RC
procedures and tests must be done to comply with this AD; any
procedures or tests that are not identified as RC are recommended.
Those procedures and tests that are not identified as RC may be
deviated from using accepted methods in accordance with the
operator's maintenance or inspection program without obtaining
approval of an AMOC, provided the procedures and tests identified as
RC can be done and the airplane can be put back in an airworthy
condition. Any substitutions or changes to procedures or tests
identified as RC require approval of an AMOC.
    (4) Paperwork Reduction Act Burden Statement: A federal agency
may not conduct or sponsor, and a person is not required to respond
to, nor shall a person be subject to a penalty for failure to comply
with a collection of information subject to the requirements of the
Paperwork Reduction Act unless that collection of information
displays a current valid OMB Control Number. The OMB Control Number
for this information collection is 2120-0056. Public reporting for
this collection of information is estimated to be approximately 1
hour per response, including the time for reviewing instructions,
searching existing data sources, gathering and maintaining the data
needed, and completing and reviewing the collection of information.
All responses to this collection of information are mandatory as
required by this AD. Send comments regarding this burden estimate or
any other aspect of this collection of information, including
suggestions for reducing this burden to Information Collection
Clearance Officer, Federal Aviation Administration, 10101 Hillwood
Parkway, Fort Worth, TX 76177-1524.

(j) Related Information

    (1) For information about EASA AD 2020-0139R1, contact the EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
8999 000; email<EMAIL_ADDRESS>internet www.easa.europa.eu. You
may find this EASA AD on the EASA website at https://ad.easa.europa.eu. You may view this material at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>. This material may be
found in the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-
2020-0846.
    (2) For more information about this AD, contact Kathleen
Arrigotti, Aerospace Engineer, Large Aircraft Section, International
Validation Branch, FAA, 2200 South 216th St., Des Moines, WA 98198;
telephone and fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
    Issued on September 14, 2020.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2020-20676 Filed 9-21-20; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 77 (Friday, April 20, 2018)]
[Notices]
[Pages 17575-17577]
[FR Doc No: 2018-08338]

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

[Release No. 34-83055; File Nos. SR-ICEEU-2017-016 and SR-ICEEU-2017-
017]

Self-Regulatory Organizations; ICE Clear Europe Limited; Order
Instituting Proceedings To Determine Whether To Approve or Disapprove
Proposed Rule Changes Related to ICEEU's Recovery and Wind-Down Plans

April 17, 2018.

I. Introduction

    On December 29, 2017, ICE Clear Europe Limited (``ICE Clear
Europe'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Exchange Act'') \1\ and Rule 19b-4
thereunder,\2\ a proposed rule change (ICEEU-2017-016) concerning the
ICE Clear Europe Recovery Plan (``Recovery Plan''). The proposed rule
change was published for comment in the Federal Register on January 19,
2018.\3\ On December 29, 2017, ICE Clear Europe filed with the
Commission a proposed rule change (ICEEU-2017-017) concerning the ICE
Clear Europe Wind-Down Plan (``Wind-Down Plan''). The proposed rule
change was published for comment in the Federal Register on January 19,
2018.\4\ On February 27, 2018, the Commission designated a longer
period for Commission action on both proposed rule changes.\5\ To date,
the Commission has not received any comments on the proposed rule
changes. The Commission is publishing this order to institute
proceedings pursuant to Section 19(b)(2)(B) \6\ of the Exchange Act to
determine whether to approve or disapprove the proposed rule changes.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Exchange Act Release No. 82496 (Jan. 12, 2018), 83 FR 2855
(Jan. 19, 2018) (SR-ICEEU-2017-016) (``Recovery Plan Notice'').
    \4\ Exchange Act Release No. 82497 (Jan. 12, 2018), 83 FR 2847
(Jan. 19, 2018) (SR-ICEEU-2017-017) (``Wind-Down Plan Notice'').
    \5\ Exchange Act Release No. 82786 (Feb. 27, 2018), 83 FR 9345
(Mar. 5, 2018); Exchange Act Release No. 82782 (Feb. 27, 2018), 83
FR 9351 (Mar. 5, 2018).
    \6\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

    Institution of proceedings does not indicate that the Commission
has reached any conclusions with respect to the proposed rule changes,
nor does it mean that the Commission will ultimately disapprove the
proposed rule changes. Rather, as discussed below, the Commission seeks
additional input on the proposed rule changes and issues presented by
the proposed rule changes.

II. Description of the Proposed Rule Changes

    As a ``covered clearing agency,'' \7\ ICE Clear Europe is required
to, among other things, ``establish, implement, maintain and enforce
written policies and procedures reasonably designed to . . . maintain a
sound risk management framework for comprehensively managing legal,
credit, liquidity, operational, general business, investment, custody,
and other risks that arise in or are borne by the covered clearing
agency, which . . . includes plans for the recovery and orderly wind-
down of the covered clearing agency necessitated by credit losses,
liquidity shortfalls, losses from general business risk, or any other
losses.'' \8\ The Commission has previously clarified that it believes
that such recovery and wind-down plans are ``rules'' within the meaning
of Section 19(b) of the Exchange Act and Rule 19b-4 thereunder because
such plans would constitute changes to a stated policy, practice, or
interpretation of a covered clearing agency.\9\ Accordingly, a covered
clearing agency, such as ICE Clear Europe, must file its recovery and
wind-down plans with the Commission.
---------------------------------------------------------------------------

    \7\ The term ``covered clearing agency'' is defined in Rule
17Ad-22(a)(5) under the Exchange Act. 17 CFR 240.17Ad-22(a)(5).
    \8\ 17 CFR 240.17Ad-22(e)(3)(ii).
    \9\ Standards for Covered Clearing Agencies, Exchange Act
Release No. 78961 (Sep. 28, 2016), 81 FR 70786, 70809 (Oct. 13,
2016).
---------------------------------------------------------------------------

A. The Recovery Plan (ICEEU-2017-016)

    According to ICE Clear Europe, the Recovery Plan is based on, and
intended to be consistent with, ICE Clear Europe's Rules and
Procedures, as well as its existing risk management frameworks,
policies, and procedures.\10\ The Recovery Plan, as further described
in the Recovery Plan Notice, (1) identifies the critical services that
ICE Clear Europe provides and the business functions that support those
services; \11\ (2) outlines a number of stress scenarios that may
result in significant losses, a liquidity shortfall, suspension or
failure of its critical services and related functions and systems, and
damage to other market infrastructures, including both default and non-
default loss scenarios and evaluating different impact categories and
severity levels of these stress scenarios; \12\ and (3) describes the
recovery tools, mechanisms, and options that ICE Clear Europe may use
to address a stress scenario and continue to provide its

critical services, as well as the actions that would be necessary to
implement those recovery tools, mechanisms, and options, including
appropriate escalation and early warning procedures and communications
with regulators and other relevant stakeholders.\13\ It also considers
the implications of certain situations that may be beyond its control,
such as interdependencies with other institutions.\14\
---------------------------------------------------------------------------

    \10\ Recovery Plan Notice, 83 FR at 2855.
    \11\ Id. at 2855-56.
    \12\ Id. at 2856.
    \13\ Id. at 2856-57.
    \14\ Id. at 2857.
---------------------------------------------------------------------------

    The Recovery Plan also addresses the roles and responsibility of
ICE Clear Europe Board of Directors, management, and other personnel,
including with respect to development, review and approval, testing and
maintenance, and liaison with relevant regulatory authorities.\15\ The
Recovery Plan includes a description of ICE Clear Europe, its
organizational structure, its applicable regulatory regime, and the
standards and guidelines that have informed the Recovery Plan.\16\
---------------------------------------------------------------------------

    \15\ Id.
    \16\ Id.
---------------------------------------------------------------------------

B. The Wind-Down Plan (ICEEU-2017-017)

    ICE Clear Europe stated that a wind-down may result from situations
where neither the Recovery Plan nor application of its loss allocation
rules have succeeded in stopping default losses or non-default losses
incurred and, as a result, ICE Clear Europe cannot remain viable as a
going concern.\17\ As described further in the Wind-Down Plan Notice,
the Wind-Down Plan addresses three particular categories of scenarios
in which wind-down may occur: (1) A non-insolvency scenario where the
ICE Clear Europe Board of Directors voluntarily decides to wind down
the clearing business, (2) an insolvency scenario not linked to
clearing member default, and (3) an insolvency scenario linked to a
member default.\18\ The Wind-Down Plan sets out a variety of options
for wind-down, depending on the scenario involved.\19\ In the case of
an insolvency as a result of non-default losses, the Wind-Down Plan
contemplates that all open contracts would be terminated and net sums
calculated to be payable to or from each clearing member for each
account category, in accordance with the applicable rules.\20\ For a
voluntary wind-down or a wind-down following a clearing member default,
the Wind-Down Plan contemplates that for each product category, ICE
Clear Europe would either transfer clearing to another clearing house
or terminate clearing.\21\
---------------------------------------------------------------------------

    \17\ Wind-Down Plan Notice, 83 FR at 2847.
    \18\ Id.
    \19\ Id.
    \20\ Id.
    \21\ Id. at 2847-48.
---------------------------------------------------------------------------

    As stated by ICE Clear Europe, any decision to wind down is
expected to be considered over a period of months, involve consultation
with members, potential alternative clearing houses, exchange, and
regulators, and would need approval by the ICE Clear Europe Board of
Directors.\22\ The Wind-Down Plan contemplates that a specific
execution plan will be developed for any wind-down, based on the
relevant situation.\23\ The Wind-Down Plan also addresses procedural
issues related to a wind-down, such as providing appropriate notice to
terminate all service agreements and employee contracts, and liquidity
considerations during a wind-down.\24\ It also contemplates the
establishment of a Wind-Down Planning Committee, which would be tasked
with exploring with clearing members, exchanges, alternative clearing
houses, and regulators the relevant approaches to wind-down with a goal
of minimizing adverse impact on clearing members, and the committee
would report to the ICE Clear Europe Board of Directors.\25\
---------------------------------------------------------------------------

    \22\ Id. at 2848.
    \23\ Id.
    \24\ Id.
    \25\ Id. at 2849.
---------------------------------------------------------------------------

III. Proceedings To Determine Whether To Approve or Disapprove the
Proposed Rule Changes and Grounds for Disapproval Under Consideration

    The Commission is instituting proceedings pursuant to Section
19(b)(2)(B) of the Exchange Act to determine whether the proposed rule
changes should be approved or disapproved.\26\ Institution of
proceedings is appropriate at this time in view of the legal and policy
issues raised by the proposed rule changes. As noted above, institution
of proceedings does not indicate that the Commission has reached any
conclusions with respect to any of the issues involved. Rather, the
Commission seeks and encourages interested persons to comment on the
proposed rule changes and provide arguments to support the Commission's
analysis as to whether to approve or disapprove the proposals.
---------------------------------------------------------------------------

    \26\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

    Pursuant to Section 19(b)(2)(B) of the Exchange Act,\27\ the
Commission is providing notice of the grounds for disapproval under
consideration. The Commission is instituting proceedings to allow for
additional analysis of, and input from, commenters with respect to the
proposed rule changes' consistency with the Exchange Act \28\ and the
rules thereunder, including the following provisions:
---------------------------------------------------------------------------

    \27\ 15 U.S.C. 78s(b)(2)(B).
    \28\ 15 U.S.C. 78q-1.
---------------------------------------------------------------------------

     Section 17A(b)(3)(F) of the Exchange Act, which requires
that the rules of a clearing agency be designed to, among other things,
promote the prompt and accurate clearance and settlement of securities
transactions, assure the safeguarding of securities and funds which are
in the custody or control of the clearing agency for which it is
responsible, and, in general, to protect investors and the public
interest; \29\
---------------------------------------------------------------------------

    \29\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

     Rule 17Ad-22(e)(2) under the Exchange Act, which requires
that a covered clearing agency establish, implement, maintain, and
enforce written policies and procedures reasonably designed to provide
for governance arrangements that are clear and transparent and support
the public interest requirements in Section 17A of the Exchange Act
applicable to clearing agencies, and the objectives of owners and
participants; \30\
---------------------------------------------------------------------------

    \30\ 17 CFR 240.17Ad-22(e)(2).
---------------------------------------------------------------------------

     Rule 17Ad-22(e)(3)(ii) under the Exchange Act, which
requires that covered clearing agencies, among other things,
``establish, implement, maintain and enforce written policies and
procedures reasonably designed to . . . maintain a sound risk
management framework for comprehensively managing legal, credit,
liquidity, operational, general business, investment, custody, and
other risks that arise in or are borne by the covered clearing agency,
which . . . includes plans for the recovery and orderly wind-down of
the covered clearing agency necessitated by credit losses, liquidity
shortfalls, losses from general business risk, or any other losses;''
and
     Rules 17Ad-22(e)(15)(i)-(ii) under the Exchange Act,\31\
which require a covered clearing agency to establish, implement,
maintain and enforce written policies and procedures reasonably
designed to determine the amount of liquid net assets funded by equity
based upon its general business risk profile and the length of time
required to achieve a recovery or orderly wind-down, as appropriate, of
its critical operations and services if such action is taken and to
establish, implement, maintain and enforce written policies and
procedures reasonably designed to provide for holding liquid net assets
funded by equity equal to the greater of either six

months of its current operating expenses or the amount determined by
the board of directors to be sufficient to ensure a recovery or orderly
wind-down of critical operations and services of the covered clearing
agency, as contemplated by the plans established under Rule 17Ad-
22(e)(3)(ii).\32\
---------------------------------------------------------------------------

    \31\ 17 CFR 240.17Ad-22(e)(15)(i)-(ii).
    \32\ 17 CFR 240.17Ad-22(e)(3)(ii).
---------------------------------------------------------------------------

IV. Request for Written Comments

    The Commission requests that interested persons provide written
submissions of their views, data, and arguments with respect to the
issues raised by the proposed rule changes. In particular, the
Commission invites the written views of interested persons concerning
whether the proposed rule changes are inconsistent with Section
17A(b)(3)(F) of the Exchange Act \33\ and Rules 17Ad-22(e)(2),\34\
17Ad-22(e)(3)(ii),\35\ and 17Ad-22(e)(15)(i)-(ii) \36\ under the
Exchange Act, or any other provision of the Exchange Act or rules and
regulations thereunder.
---------------------------------------------------------------------------

    \33\ 15 U.S.C. 78q-1(b)(3)(F).
    \34\ 17 CFR 240.17Ad-22(e)(2).
    \35\ 17 CFR 240.17Ad-22(e)(3)(ii).
    \36\ 17 CFR 240.17Ad-22(e)(15)(i)-(ii).
---------------------------------------------------------------------------

    Although there do not appear to be any issues relevant to approval
or disapproval that would be facilitated by an oral presentation of
views, data, and arguments, the Commission will consider, pursuant to
Rule 19b-4, any request for an opportunity to make an oral
presentation.\37\
---------------------------------------------------------------------------

    \37\ Section 19(b)(2) of the Exchange Act, as amended by the
Securities Acts Amendments of 1975, Public Law 94-29, 89 Stat. 97
(1975), grants the Commission flexibility to determine what type of
proceeding--either oral or notice and opportunity for written
comments--is appropriate for consideration of a particular proposal
by a self-regulatory organization. See Securities Acts Amendments of
1975, Report of the Senate Committee on Banking, Housing and Urban
Affairs to Accompany S. 249, S. Rep. No. 75, 94th Cong., 1st Sess.
30 (1975).
---------------------------------------------------------------------------

    Interested persons are invited to submit written data, views, and
arguments regarding whether the proposed rule changes should be
approved or disapproved on or before May 11, 2018. Any person who
wishes to file a rebuttal to any other person's submission must file
that rebuttal on or before May 25, 2018. Comments may be submitted by
any of the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-ICEEU-2017-016 and SR-ICEEU-2017-017 on the subject
line.

Paper Comments

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

All submissions should refer to SR-ICEEU-2017-016 and SR-ICEEU-2017-
017. These file numbers should be included on the subject line if email
is used. To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's internet website (http://www.sec.gov/rules/sro.shtml). Copies of the submissions, all subsequent amendments,
all written statements with respect to the proposed rule changes that
are filed with the Commission, and all written communications relating
to the proposed rule changes 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 website
viewing and printing in the Commission's Public Reference Room, 100 F
Street NE, Washington, DC 20549, on official business days between the
hours of 10:00 a.m. and 3:00 p.m. Copies of the filings also will be
available for inspection and copying at the principal office of ICE
Clear Europe and on ICE Clear Europe's website at https://www.theice.com/clear-europe.
    All comments received will be posted without change. Persons
submitting comments are cautioned that we do not redact or edit
personal identifying information from comment submissions. You should
submit only information that you wish to make available publicly.
    All submissions should refer to File Number SR-ICEEU-2017-016 and
SR-ICEEU-2017-017 and should be submitted on or before May 11, 2018. If
comments are received, any rebuttal comments should be submitted on or
before May 25, 2018.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\38\
Eduardo A. Aleman,
Assistant Secretary.
---------------------------------------------------------------------------

    \38\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

[FR Doc. 2018-08338 Filed 4-19-18; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 142 (Tuesday, July 24, 2012)]
[Rules and Regulations]
[Pages 43158-43161]
[FR Doc No: 2012-17606]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2012-0629]
RIN 1625-AA08

Special Local Regulation; Battle on the Bay Powerboat Race
Atlantic Ocean, Fire Island, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary special local
regulation on the navigable waters of the Atlantic Ocean off Smith
Point Park, Fire Island, NY during the Battle on the Bay Powerboat
Race. This action is necessary to provide for the safety of life of
participants and spectators during this event. Entering into,
transiting through, remaining, anchoring or mooring within these
regulated areas would be prohibited unless authorized by the Captain of
the Port (COTP) Sector Long Island Sound.

DATES: This rule is effective August 25 and 26, 2012 and will be
enforced from 7 a.m. through 7 p.m. each day.

ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2012-0629]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer Joseph Graun, Prevention Department, Coast
Guard Sector Long Island Sound,<PHONE_NUMBER>,
<EMAIL_ADDRESS>If you have questions on viewing or submitting
material to the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Battle on the Bay Powerboat Race has had three separate
rulemakings prior to this rule listed here in chronological order.
    On September 3, 2008 the Coast Guard published a final rule
entitled, Safety Zone; Patchogue Bay, Patchogue, NY, in the Federal
Register (73 FR 51367) establishing a safety zone on Patchogue Bay,
Patchogue, NY in 33 Code of Federal Regulation (CFR) 165.158 for the
Battle on the Bay Powerboat Race. No comments or requests for public
meeting were received during the rulemaking.

    On July 6, 2011 the Coast Guard published a temporary final rule
entitled, Special Local Regulations & Safety Zones; Marine Events in
Captain of the Port Long Island Sound Zone in the Federal Register (76
FR 39292) establishing a special local regulation on the Great South
Bay, Islip, NY in 33 CFR 100.T01-0550 for the Battle on the Bay
Powerboat Race.
    On February 10, 2012 the Coast Guard published a final rule
entitled, ``Special Local Regulations; Safety and Security Zones;
Recurring Events in Captain of the Port Long Island Sound Zone'' in the
Federal Register (77 FR 6954) establishing a special local regulation
on Patchogue Bay, Patchogue, NY in 33 CFR 100.100 for the Battle on the
Bay Powerboat race. No comments or request for a public meeting were
received during the rulemaking process.
    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule; any delay encountered in this regulation's
effective date caused by publishing an NPRM would be contrary to public
interest since immediate action is needed to protect both spectators
and participants from the safety hazards created by this event.
    We spoke with the event sponsor for Battle on the Bay Powerboat
Race. They indicated they are unable to reschedule the event because
the powerboats that will be racing in the event are part of a traveling
circuit with a schedule established more than a year ahead of time, the
earliest opportunity to reschedule the event is 2013. Earlier this
year, the sponsor was attempting to secure a new location for the
event. After months of meetings with different towns and filing permits
the sponsor received approval to hold the event in Suffolk County. When
the agreement was finally reached on May 4, 2012 the Coast Guard was
provided 110 days notice--an insufficient amount of time to publish an
NPRM (and subsequent FR) for a new event location. The sponsor is now
aware of the requirements for submitting a new marine event application
135 days in advance and has agreed to comply in the future.

B. Basis and Purpose

    The legal basis for this temporary rule is 33 U.S.C. 1233 and
Department of Homeland Security Delegation No. 0170.1 which
collectively authorize the Coast Guard to define regulatory special
local regulations.
    This temporary rule establishes a special local regulation in order
to provide for the safety of life on navigable waters during the Battle
on the Bay Powerboat Race.

C. Discussion of the Final Rule

    On Saturday August 25, 2012 and Sunday August 26, 2012 from 7 a.m.
until 7 p.m. Great South Bay Racing Inc. will be sponsoring the Battle
on the Bay Powerboat Race, an offshore powerboat racing regatta. The
event will be held on the Atlantic Ocean off Smith Point Park, Fire
Island, NY and will feature six classes of offshore powerboats
including vessels from the Extreme Class which can reach speeds
exceeding 200 miles per hour. The sponsor expects a minimum of 5,000
spectators for this event with a portion of them expected to view the
event from recreational vessels.
    The COTP Sector Long Island Sound has determined the combination of
increased numbers of recreation vessels, and vessels racing at high
speeds has the potential to result in serious injuries or fatalities.
This special local regulation temporarily establishes regulated areas
to restrict vessel movement around the location of the regatta to
reduce the risk associated with congested waterways. For these reasons
the Coast Guard is establishing three temporary regulated areas on the
Atlantic Ocean, from August 25, 2012 through August 26, 2012:
    (1) Regatta Course Area. This area is for the exclusive use of
registered regatta participants, safety and support vessels.
    (2) No Entry Area.
    (3) Spectator Viewing Area. This area is for the exclusive use of
spectator vessels. The sponsor will mark this area with white striped
blue buoys.
    The geographic locations of these regulated areas and specific
requirements of this rule are contained in the regulatory text.
    Because a number of spectator vessels are expected to congregate
around the location of this event, these regulated areas are needed to
protect both spectators and participants from the safety hazards
created by them including powerboats traveling at high speeds. During
the enforcement periods, persons and vessels are prohibited from
entering, transiting through, remaining, anchoring or mooring within
the regulated areas unless stipulated otherwise or specifically
authorized by the COTP or the designated representative. The Coast
Guard may be assisted by other federal, state and local agencies in the
enforcement of these regulated areas.
    The Coast Guard determined that these regulated areas will not have
a significant impact on vessel traffic due to their temporary nature,
limited size, and the fact that vessels are allowed to transit the
navigable waters outside of the regulated areas.
    The Coast Guard has ordered special local regulations and safety
zones for this event taking place in different locations in the past
and has received no public comments or concerns regarding the impact to
waterway traffic. Advanced public notifications will also be made to
the local maritime community by the Local Notice to Mariners as well as
Broadcast Notice to Mariners.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
of many of these statutes and executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
    The Coast Guard determined that this rulemaking is not a
significant regulatory action for the following reasons: The regulated
areas are of limited duration and cover only a small portion of the
navigable waterways. Furthermore, vessels may transit the navigable
waterways outside of the regulated areas. Persons or vessels requiring
entry into the regulated areas may be authorized to do so by the COTP
Sector Long Island Sound or designated representative.
    Advanced public notifications will also be made to local mariners
through appropriate means, which may include but are not limited to the
Local Notice

to Mariners as well as Broadcast Notice to Mariners.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The Coast Guard
certifies under 5 U.S.C. 605(b) that this rule will not have a
significant economic impact on a substantial number of small entities.
    This rule will affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to enter,
transit, anchor or moor within the regulated areas August 25 and 26,
2012 from 7 a.m. until 7 p.m.
    This temporary special local regulations will not have a
significant economic impact on a substantial number of small entities
for the following reasons: The regulated areas are of limited size and
of short duration, vessels that can safely do so may navigate in all
other portions of the waterways except for the areas designated as
regulated areas, and vessels requiring entry into the regulated areas
may be authorized to do so by the COTP Sector Long Island Sound or
designated representative. Additionally, before the effective period,
public notifications will be made to local mariners through appropriate
means, which may include but are not limited to the Local Notice to
Mariners as well as Broadcast Notice to Mariners.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

4. Collection of Information

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

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.

6. Protest Activities

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

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

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

9. Civil Justice Reform

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

10. Protection of Children

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

11. Indian Tribal Governments

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

12. Energy Effects

    This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves the establishment of a special local
regulation. This rule is categorically excluded from further review
under paragraph 34(h) of Figure 2-1 of the Commandant Instruction. An
environmental analysis checklist supporting this determination and a
Categorical Exclusion Determination are available in the docket where
indicated under ADDRESSES. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
rule.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recording
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  33 U.S.C. 1233.

0
2. Add Sec.  100.35T01-0629 to read as follows:

Sec.  100.35T01-0629  Special Local Regulation; Battle on the Bay
Powerboat Race Atlantic Ocean, Fire Island, NY.

    (a) Regulated Areas. All coordinates are North American Datum 1983
(NAD 83).
    (1) ``Regatta Course Area'': All navigable waters of the Atlantic
Ocean off Smith Point Park within the following boundaries: Beginning
at point ``A'' at position 40[deg]43'42'' N, 072[deg]51'57'' W, then
south to point ``B'' at position 40[deg]43'17'' N, 072[deg]51'43'' W,
then east to point ``C'' at position 40[deg]43'40'' N, 072[deg]50'23''
W, then east to point ``D'' at position 40[deg]44'5'' N, 072[deg]49'0''
W, then north to point ``E'' at position 40[deg]44'31'' N,
072[deg]49'10'' W then following the shoreline west to the point of
origin point ``A''.
    (2) ``No Entry Area'': A buffer zone comprising all navigable
waters of the Atlantic Ocean extending 500 feet outwards from the
border of the ``Regatta Course Area'' described above.
    (3) ``Spectator Viewing Area'': All navigable waters of the
Atlantic Ocean between 500 feet and 1,000 feet outward from the portion
of the southern boundary of the ``Regatta Course Area'' between the
center of the course marked by point ``C'' and the eastern boundary
marked by point ``D''. The sponsor will mark this area with white
striped blue buoys.
    (b) Special Local Regulations.
    (1) In accordance with the general regulations found in Sec.
100.35 of this part, entering into, transiting through, anchoring or
remaining within the regulated areas is prohibited unless authorized by
the Captain of the Port (COTP) Sector Long Island Sound, or designated
representative.
    (2) All persons and vessels are authorized by the COTP Sector Long
Island Sound to enter areas of this special local regulation in
accordance with the following restrictions:
    (i) ``Regatta Course Area'': Access is limited to registered
regatta participants, safety and support vessels, and official vessels.
    (ii) ``No Entry Area'': Access is limited to safety and support
vessels, official vessels, and registered regatta participants when
actively transiting into or out of the ``Regatta Course Area''.
    (iii) ``Spectator Viewing Area'': Access is limited to spectator
vessels engaged in watching the event.
    (3) All persons and vessels shall comply with the instructions of
the COTP Sector Long Island Sound or designated representative. These
designated representatives are comprised of commissioned, warrant, and
petty officers of the Coast Guard. Upon being hailed by a U.S. Coast
Guard vessel by siren, radio, flashing lights, or other means the
operator of a vessel shall proceed as directed.
    (4) Persons and vessels desiring to enter, transit through, anchor
in, or remain within the regulated areas must contact the COTP Sector
Long Island Sound by telephone at<PHONE_NUMBER>, or designated
representative via VHF radio on channel 16, to request authorization.
If authorization to enter, transit through, anchor in, or remain within
the regulated areas is granted by the COTP Sector Long Island Sound or
designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the COTP Sector Long
Island Sound or designated representative.
    (5) The Coast Guard will provide notice of the regulated areas
prior to the event through appropriate means, which may include but are
not limited to the Local Notice to Mariners and Broadcast Notice to
Mariners.
    (c) Enforcement Period: This section will be enforced from 7:00
a.m. until 7:00 p.m. on both August 25, 2012 and August 26, 2012.

    Dated: July 10, 2012.
J.M. Vojvodich,
Captain, U.S. Coast Guard, Captain of the Port Sector Long Island
Sound.
[FR Doc. 2012-17606 Filed 7-23-12; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 80, Number 248 (Monday, December 28, 2015)]
[Proposed Rules]
[Page 80722]
[FR Doc No: 2015-31876]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 271 and 272

[EPA-R06-RCRA-2015-0110; FRL-9939-50-Region 6]

Texas: Final Authorization of State-initiated Changes and
Incorporation by Reference of State Hazardous Waste Management Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: During a review of Texas' regulations, the Environmental
Protection Agency (EPA) identified a variety of State-initiated changes
to Texas' hazardous waste program under the Resource Conservation and
Recovery Act, as amended (RCRA), for which the State had not previously
sought authorization. The EPA proposes to authorize the State for the
program changes. In addition, the EPA proposes to codify in the
regulations entitled ``Approved State Hazardous Waste Management
Programs, ``Texas' authorized hazardous waste program''. The EPA will
incorporate by reference into the Code of Federal Regulations (CFR)
those provisions of the State regulations that are authorized and that
the EPA will enforce under RCRA.

DATES: Send your written comments by January 27, 2016.

ADDRESSES: Submit any comments identified by Docket ID No. EPA-R06-
RCRA-2015-0110 by one of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the on-line instructions for submitting comments.
    2. Email<EMAIL_ADDRESS>    3. Mail: Alima Patterson, Region 6, Regional Authorization
Coordinator, State/Tribal Oversight Section (6PD-O), Multimedia
Planning and Permitting Division, EPA Region 6, 1445 Ross Avenue,
Dallas, Texas 75202-2733.
    4. Hand Delivery or Courier. Deliver your comments to Alima
Patterson, Region 6, Regional Authorization Coordinator, State/Tribal
Oversight Section (6PD-O), Multimedia Planning and Permitting Division,
EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733.
    Instructions: Do not submit information that you consider to be CBI
or otherwise protected through regulations.gov, or email. Direct your
comment to Docket No. EPA-R06-RCRA-2015-0109. The Federal
regulations.gov Web site is an ``anonymous access'' system, which means
the EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to the EPA without going through regulations.gov, your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, the EPA recommends that
you include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If the EPA cannot read
your comment due to technical difficulties and cannot contact you for
clarification, the EPA may not be able to consider your comment.
Electronic files should avoid the use of special characters, any form
of encryption, and be free of any defects or viruses. You can view and
copy Texas' application and associated publicly available materials
from 8:30 a.m. to 4 p.m. Monday through Friday at the following
location: EPA, Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733,
phone number<PHONE_NUMBER>. Interested persons wanting to examine
these documents should make an appointment with the office at least two
weeks in advance.

FOR FURTHER INFORMATION CONTACT: Alima Patterson at<PHONE_NUMBER> or
Julia Banks at<PHONE_NUMBER>, State/Tribal Oversight Section (6PD-O),
Multimedia Planning and Permitting Division, EPA Region 6, 1445 Ross
Avenue, Dallas, Texas 75202-2733,<PHONE_NUMBER>) and Email address
<EMAIL_ADDRESS>and<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In the ``Rules and Regulations'' section of
this Federal Register, EPA is authorizing the changes by direct final
rule. EPA did not make a proposal prior to the direct final rule
because we believe this action is not controversial and do not expect
comments that oppose it. We have explained the reasons for this
authorization in the preamble to the direct final rule. Unless we get
written comments which oppose this authorization during the comment
period, the direct final rule will become effective 60 days after
publication and we will not take further action on this proposal. If we
receive comments that oppose this action, we will withdraw the direct
final rule and it will not take effect. We will then respond to public
comments in a later final rule based on this proposal. You may not have
another opportunity for comment. If you want to comment on this action,
you must do so at this time.
    The purpose of this Federal Register document is to codify Texas'
base hazardous waste management program and its revisions to that
program through RCRA Cluster XXI (see 79 FR 52220; September 3, 2014).
The EPA provided notices and opportunity for comments on the Agency's
decisions to authorize the Texas program, and the EPA is not now
reopening the decisions, nor requesting comments, on the Texas
authorizations as published in FR notices specified in Section I.F of
the direct final rule FR document.
    This document incorporates by reference Texas' hazardous waste
statutes and regulations and clarifies which of these provisions are
included in the authorized and federally enforceable program. By
codifying Texas' authorized program and by amending the Code of Federal
Regulations, the public will be more easily able to discern the status
of federally approved requirements of the Texas hazardous waste
management program.

    Dated: October 1, 2015.
Ron Curry,
Regional Administrator, Region 6.
[FR Doc. 2015-31876 Filed 12-24-15; 8:45 am]
 BILLING CODE 6560-50-P