[Federal Register: February 20, 2008 (Volume 73, Number 34)]
[Rules and Regulations]
[Page 9203-9206]
[DOCID:fr20fe08-16]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2007-0633; A-1-FRL-8517-6]

Approval and Promulgation of Air Quality Implementation Plans;
Maine; Conformity of General Federal Actions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: The EPA is approving a State Implementation Plan (SIP)
revision submitted by the State of Maine for the purpose of making the
SIP consistent with recent additions to the Federal general conformity
regulation. This revision incorporates by reference new definitions and
establishes de minimis emission levels for fine particular matter
(PM2.5) into Maine's existing general conformity criteria
and procedures previously approved into the Maine SIP. This action is
being taken in accordance with the Clean Air Act.

DATES: This direct final rule will be effective April 21, 2008, unless
EPA receives adverse comments by March 21, 2008. If adverse comments
are received, EPA will publish a timely withdrawal of the direct final
rule in the Federal Register informing the public that the rule will
not take effect.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R01-OAR-2007-0633 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: ``Docket Identification Number EPA-R01-OAR-2007-0633'',
Anne Arnold, U.S. Environmental Protection Agency, EPA New England
Regional Office, One Congress Street, Suite 1100 (mail code CAQ),
Boston, MA 02114-2023.
    5. Hand Delivery or Courier. Deliver your comments to: Anne Arnold,
Manager, Air Quality Planning Unit, Office of Ecosystem Protection,
U.S. Environmental Protection Agency, EPA New England Regional Office,
One Congress Street, 11th floor, (CAQ), Boston, MA 02114-2023. Such
deliveries are only accepted during the Regional Office's normal hours
of operation. The Regional Office's official hours of business are
Monday through Friday, 8:30 to 4:30, excluding legal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R01-OAR-
2007-0633. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information provided,

unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit through http://www.regulations.gov, or e-

mail, information that you consider to be CBI or otherwise protected.
The http://www.regulations.gov Web site is an ``anonymous access'' system,

which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through http://www.regulations.gov

your e-mail 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, 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 EPA cannot read
your comment due to technical difficulties and cannot contact you for
clarification, 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.
    Docket: All documents in the electronic docket are listed in the
http://www.regulations.gov index. Although listed in the index, some

information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in http://www.regulations.gov or

in hard copy at Office of Ecosystem Protection, U.S. Environmental
Protection Agency, EPA New England Regional Office, One Congress
Street, Suite 1100, Boston, MA. EPA requests that if at all possible,
you contact the contact listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday, 8:30 to 4:30, excluding
legal holidays.
    In addition, copies of the State submittal are also available for
public inspection during normal business hours, by appointment at the
State Air Agency; the Bureau of Air Quality Control, Department of
Environmental Protection, First Floor of the Tyson Building, Augusta
Mental Health Institute Complex, Augusta, ME 04333-0017.

FOR FURTHER INFORMATION CONTACT: Donald O. Cooke, Air Quality Unit,
U.S. Environmental Protection Agency, EPA New England Regional Office,
One Congress Street, Suite 1100 (CAQ), Boston, MA 02114-2023, telephone
number<PHONE_NUMBER>, fax number<PHONE_NUMBER>, e-mail
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
    Organization of this document. The following outline is provided to
aid in locating information in this preamble.

I. Background and Purpose
II. State Submittal
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background and Purpose

    Section 176(c) of the Clean Air Act, as amended (the Act),
prohibits Federal entities from taking actions in nonattainment or
maintenance areas which do not conform to the State

implementation plan (SIP) for the attainment and maintenance of the
national ambient air quality standards (NAAQS). Therefore, the purpose
of conformity is to: (1) Ensure Federal activities do not interfere
with the emission budgets in the SIPs; (2) ensure actions do not cause
or contribute to new violations; and (3) ensure attainment and
maintenance of the NAAQS. Section 176(c) of the Act also requires the
EPA to promulgate criteria and procedures for demonstrating and
ensuring conformity of Federal actions to an applicable implementation
plan developed pursuant to Section 110 and Part D of the Act. EPA
promulgated a final rulemaking on November 30, 1993 consisting of 40
CFR part 93, subpart B ``Determining Conformity of General Federal
Actions to State or Federal Implementation Plans,'' which applied to
Federal agencies immediately (hereafter referred to as the General
Conformity rule); and 40 CFR part 51, subpart W ``Determining
conformity of general Federal Actions to State or Federal
Implementation Plans'' which established requirements for States in
submitting SIPs. The general conformity rules, except for the 40 CFR
51.851(a) language requiring State submission of a SIP revision, are
repeated at 40 CFR part 93, subpart B. The General Conformity rule
establishes the criteria and procedures governing the determination of
conformity for all Federal actions, except Federal highway and transit
actions. \1\
---------------------------------------------------------------------------

    \1\ Conformity to State or Federal Implementation Plans of
transportation plans, programs, and projects which are developed,
funded or approved under Title 23 U.S.C. or the Federal Transit Laws
are implemented under 40 CFR part 51, subpart T and 40 CFR part 93,
subpart A.
---------------------------------------------------------------------------

    The General Conformity rule also establishes the criteria for EPA
approval of SIPs. See 40 CFR 51.851 and 93.151. These criteria provide
that the state provisions must be at least as stringent as the
requirements specified in EPA's General Conformity rule, and that they
can be more stringent only if they apply equally to Federal and non-
Federal entities (Sec. Sec.  51.851(b)).
    On October 11, 1996, the State of Maine submitted a formal revision
to its State Implementation Plan (SIP). The SIP revision consisted of
incorporating by reference 40 CFR 51.850 through 51.860 (with the
exception of Sec.  51.851) thereby establishing general conformity
criteria and procedures in the Maine SIP no more stringent than the
Federal rule and not imposing any additional controls on non-Federal
entities. EPA approved Maine's General Conformity SIP through a direct
final rule published in the Federal Register on September 23, 1997, (62
FR 49608-49611) and effective November 24, 1997.
    EPA amended the General Conformity rule on July 17, 2006, (71 FR
40420-40427). In the amended rule, EPA revised the tables in
subparagraphs (b)(1) and (b)(2) of 40 CFR 51.853 and 40 CFR 93.153 by
adding the de minimis emission levels for PM2.5. The EPA
also established 100 tons per year as the de minimis emission level for
direct PM2.5 and each of its precursors as defined in
revised Sec. Sec.  51.852 and 93.152. The PM2.5 precursors
for the purposes of general conformity applicability are: volatile
organic compounds (VOC's) and ammonia (NH3) emissions, which
are only considered PM2.5 precursors in nonattainment areas
where either a State or EPA has made a finding that they significantly
contribute to the PM2.5 problem in a given area or to other
downwind air quality concerns; NOX emissions, which are
considered a PM2.5 precursor unless the State and EPA make a
finding that NOX emissions from sources in the State do not
significantly contribute to the PM2.5 problem in a given
area or to other downwind air quality concerns; and SO2
emissions, which are always considered a PM2.5 precursor.
Since EPA did not designate any classifications for the PM2.5
nonattainment areas under the 1997 National Ambient Air Quality
Standards for PM2.5, EPA did not establish PM2.5
de minimis emission levels for higher classified nonattainment areas.

II. State Submittal

    On June 29, 2007, the State of Maine submitted a formal revision to
its State Implementation Plan (SIP). The SIP revision consists of
incorporating by reference 40 CFR 51.852 (Definitions), and 51.853
(Applicability), of 40 CFR part 51, subpart W, ``Determining Conformity
of General Federal Actions to State or Federal Implementation Plans,''
as amended on July 17, 2006 in the Federal Register (71 FR 40420-
40426). By incorporating by reference the amended General Conformity
rule, Maine's Chapter 141 ``Conformity of General Federal Actions,'' is
no more stringent than the Federal rule and does not impose any
additional controls on non-Federal entities.
    Maine's SIP revision was the subject of a public hearing held on
March 1, 2007 in accordance with Federal and state administrative
requirements. The Maine Board of Environmental Protection adopted the
amendments to ``State Chapter 141--Conformity of General Federal
Actions,'' on April 19, 2007. The Maine Office of the Attorney General
certified Chapter 141 as to form and legality on May 7, 2007.
    EPA determined that the submittal of the Department of
Environmental Protection's Chapter 141 ``Conformity of General Federal
Actions'' was administratively and technically complete in a July 26,
2007 completeness letter.

III. Final Action

    EPA is approving Maine's revised Chapter 141 ``Conformity of
General Federal Actions,'' and incorporating this regulation into the
Maine SIP. Maine's rule is consistent with the latest Federal General
Conformity rule as amended on July 17, 2006. The EPA has evaluated
Maine's SIP revision and has determined that the State has fully
adopted the provisions of the General Conformity rule set forth at 40
CFR part 51, subpart W. The appropriate public participation and
comprehensive interagency consultations have been undertaken during
development and adoption of this SIP revision.
    The EPA is publishing this action without prior proposal because
the Agency views this as a noncontroversial amendment and anticipates
no adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision should
relevant adverse comments be filed. This rule will be effective April
21, 2008 without further notice unless the Agency receives relevant
adverse comments by March 21, 2008.
    If the EPA receives such comments, then EPA will publish a notice
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. The EPA will not
institute a second comment period on the proposed rule. All parties
interested in commenting on the proposed rule should do so at this
time. If no such comments are received, the public is advised that this
rule will be effective on April 21, 2008 and no further action will be
taken on the proposed rule. 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.

V. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and

therefore is not subject to review by the Office of Management and
Budget. For this reason, this action is also not subject to Executive
Order 13211, ``Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This
action merely approves state law as meeting Federal requirements and
imposes no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4).
    This rule also does not have tribal implications because it will
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, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have Federalism
implications because it does not have substantial direct effects 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, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999), because it merely approves a state rule
implementing a Federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the Clean
Air Act. This rule also is not subject to Executive Order 13045
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it approves a state rule
implementing a Federal standard.
    In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule 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 April 21, 2008. Interested
parties should comment in response to the proposed rule rather than
petition for judicial review, unless the objection arises after the
comment period allowed for in the proposal. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review nor does
it extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action.
This action may not be challenged later in proceedings to enforce its
requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

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

    Dated: January 9, 2008.
Robert W. Varney,
Regional Administrator, EPA New England.

0
Part 52 of chapter I, title 40 of the Code of Federal Regulations is
amended as follows:

PART 52--[AMENDED]

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

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

Subpart U--Maine

0
2. Section 52.1020 is amended by reserving paragraphs (c)(60) and
(c)(61) and by adding paragraph (c)(63) to read as follows:

Sec.  52.1020  Identification of plan.

* * * * *
    (c) * * *
    (60) [Reserved]
    (61) [Reserved]
* * * * *
    (63) Revision to Chapter 141 ``Conformity of General Federal
Actions,'' submitted by the Maine Department of Environmental
Protection on June 29, 2007 and effective in the State of Maine on May
21, 2007.
    (i) Incorporation by reference.
    (A) Chapter 141 ``Conformity of General Federal Actions'' 1.
Definition. Effective in the State of Maine on May 21, 2007.
    (ii) Additional Materials.
    (A) Chapter 141 ``Conformity of General Federal Actions,'' 2.
Conformity to State and Federal Implementation Plans. The Maine
Department of Environmental Protection amended its incorporation-by-
reference within Chapter 141.2 to reflect EPA's revision to the Federal
General Conformity Rule for fine particulate matter promulgated on July
17, 2006 (71 FR 40420-40427); specifically 40 CFR 51.852 Definitions
and 40 CFR 51.853 Applicability.

0
3. In Sec.  52.1031, Table 52.1031 is amended by adding new entries
under the existing state citation Chapter 141: Conformity of General
Federal Actions to read as follows:

Sec.  52.1031  EPA-approved Maine regulations.

* * * * *

                               Table 52.1031.--EPA-Approved Rules and Regulations
----------------------------------------------------------------------------------------------------------------
                                      Date         Date
     State        Title/subject    adopted by  approved by  Federal Register       52.1020
   citation                          state         EPA          citation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
141...........  Conformity of         4/19/07      2/20/08  [Insert Federal   (c)(63).........  Amendment to
                 General Federal                             Register page                       incorporate new
                 Actions.                                    number where                        fine
                                                             the document                        particulate
                                                             begins].                            matter
                                                                                provisions.

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

    Note.--1. The regulations are effective statewide unless stated
otherwise in comments section.

 [FR Doc. E8-2884 Filed 2-19-08; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 81, Number 84 (Monday, May 2, 2016)]
[Notices]
[Pages 26275-26277]
[FR Doc No: 2016-10147]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77706; File No. SR-NASDAQ-2016-059]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Require an Issuer of Securities Listed Under the Rule 5700 Series To
Notify Nasdaq About the Replacement of the Index, Portfolio, or
Reference Asset Underlying the Security and Pay a Fee in Connection
With the Change

April 26, 2016.
    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 April 20, 2016, The NASDAQ Stock Market LLC (``Nasdaq'' or
``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``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 require that an issuer of securities
listed under the Rule 5700 Series notify Nasdaq about the replacement
of the index, portfolio, or reference asset underlying the security and
pay a fee in connection with the change.
    The text of the proposed rule change is available on the Exchange's
Web site at http://nasdaq.cchwallstreet.com, at the principal office of
the Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    Nasdaq rules require issuers to notify Nasdaq about substitution
listing events and impose fees associated with those notifications.
Specifically, Rule 5005(a)(40) defines a ``Substitution Listing Event''
as certain changes in the equity or legal structure of a company \3\
and Rule 5250(e)(4) requires a listed company to provide notification
to Nasdaq about these events no later than 15 days before
implementation of the event. These events generally require Nasdaq to
review the entity for compliance with the applicable listing
requirements.
---------------------------------------------------------------------------

    \3\ A ``Substitution Listing Event'' means: A reverse stock
split, re-incorporation or a change in the Company's place of
organization, the formation of a holding company that replaces a
listed Company, reclassification or exchange of a Company's listed
shares for another security, the listing of a new class of
securities in substitution for a previously-listed class of
securities, a business combination described in IM-5101-2 (unless
the transaction was publicly announced in a press release or Form 8-
K prior to October 15, 2013), or any technical change whereby the
Shareholders of the original Company receive a share-for-share
interest in the new Company without any change in their equity
position or rights. See Rule 5005(a)(40).
---------------------------------------------------------------------------

    Nasdaq proposes to expand the definition of a Substitution Listing
Event to include cases where an issuer of securities listed under the
Rule 5700 Series replaces, or significantly modifies, the index,
portfolio, or reference asset underlying its security (including, but
not limited to, a significant modification to the index methodology, a
change in the index provider, or a change in control of the index
provider). This type of change requires that Nasdaq review the changes
to the index, portfolio, or reference asset for compliance with the
applicable listing requirements and may require Nasdaq to make a rule
filing with the Commission to continue listing the product with the
revised index, portfolio, or reference asset.\4\
---------------------------------------------------------------------------

    \4\ Other types of changes may also require Nasdaq to make a
rule filing with the Commission to continue listing the changed
product.
---------------------------------------------------------------------------

    Nasdaq believes it is appropriate to require notification of these
changes in the same manner as other Substitution Listing Events,\5\
which will increase to 15 days the time available to Nasdaq to conduct
its initial review of the revised index, portfolio, or reference asset
underlying the security, evaluate compliance with the listing
requirements, and determine if a rule filing is required.\6\
---------------------------------------------------------------------------

    \5\ Listed companies provide notification of a Substitution
Listing Event via Nasdaq's Listing Center on the Company Event
Notification Form.
    \6\ Currently, at a minimum, Nasdaq believes that an issuer must
disclose such changes under Rule 5250(b)(1), which requires public
disclosure of any material information that would reasonably be
expected to affect the value of its securities or influence
investors' decisions, and must notify Nasdaq's MarketWatch
department 10 minutes prior to such announcement.
---------------------------------------------------------------------------

    Nasdaq also proposes to modify Rule 5701 to highlight that a change
to the index, portfolio, or reference asset underlying a security is a
Substitution Listing Event that requires 15 calendar days' notice. The
new language also emphasizes that such a change may affect the
company's compliance with the listing requirements and may require
Nasdaq to file a new rule filing pursuant to Section 19(b)(1) of the
Act \7\ and for such rule filing to be approved by the SEC or otherwise
take effect (as applicable), before the product can be listed or
traded. The new rule language also indicates that Nasdaq will halt
trading if a company effectuates a change that requires such a filing
before it is approved by the SEC or otherwise takes effect (as
applicable). The new rule language would also indicate that Nasdaq will
commence delisting proceedings if a company effectuates a change in the
case where Nasdaq determines not to submit a rule filing or withdraws a
rule filing, or where the SEC disapproves a rule filing.\8\
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(1).
    \8\ The proposed rule change would also add language to Rule
5701 to encourage companies to consult with Nasdaq staff
sufficiently in advance of such changes to allow review and
preparation of a rule filing and SEC approval, if necessary, and to
clarify that Nasdaq has sole discretion as to whether it chooses to
submit a rule filing and, if submitted, whether to withdraw such
rule filing.
---------------------------------------------------------------------------

    Nasdaq also believes that it is appropriate in these instances to
charge the $5,000 fee assessed for Substitution Listing Events,\9\
which will offset the costs associated with Nasdaq's listing review
and, if necessary, rule filing, as well as the costs to maintain and
revise Nasdaq's records, and distribute information to market
participants about the change. Therefore, Nasdaq is adding language to
Rules 5730 and 5740 to clarify that the existing Substitution Listing
Event fee also applies to situations where a company changes the index,
portfolio, or reference asset underlying its security.
---------------------------------------------------------------------------

    \9\ See Securities Exchange Act Release No. 76550 (December 3,
2015), 80 FR 76605 (December 9, 2015) (SR-NASDAQ-2015-146, adopting
a Substitution Listing Event fee for securities listed under the
Rule 5700 Series).
---------------------------------------------------------------------------

    Finally, Nasdaq proposes to remove transitional language within
Rule 5005(a)(40), which excluded a business combination that was
publicly announced prior to October 15, 2013,

from being considered a Substitution Listing Event. Nasdaq does not
believe that any company listed on Nasdaq has an uncompleted business
combination announced prior to that date, which would be considered a
Substitution Listing Event. As such, Nasdaq believes this is a
technical change to remove an expired transition.
2. Statutory Basis
    Nasdaq believes that the proposed rule change is consistent with
the provisions of Section 6 of the Act,\10\ in general, and with
Sections 6(b)(4) and (5) of the Act,\11\ in particular, in that it
provides for the equitable allocation of reasonable dues, fees, and
other charges among its members, issuers and other persons using its
facilities, and is designed to prevent fraudulent and manipulative acts
and practices, to promote just and equitable principles of trade, to
foster cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and, in general, to protect investors and the public interest;
and is not designed to permit unfair discrimination between customers,
issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f.
    \11\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

    Nasdaq believes that the proposed requirement that the issuer of
securities listed under the Rule 5700 Series notify Nasdaq 15 calendar
days in advance of changes to the index, portfolio, or reference asset
underlying the security is consistent with the investor protection
objectives of Section 6(b)(5) of the Act in that it is designed to
promote just and equitable principles of trade, to remove impediments
to a free and open market and national market system, and in general to
protect investors and the public interest.
    Specifically, the proposed change will help ensure that Nasdaq has
sufficient time to review the revised index, portfolio, or reference
asset and determine whether the product complies with Nasdaq's listing
requirements and whether a rule filing must be filed by Nasdaq pursuant
to Section 19(b)(1) of the Act and approved by the Commission or
otherwise take effect (as applicable), which will help protect
investors.
    Moreover, by including this category of changes in the definition
of a Substitution Listing Event, Nasdaq will charge a $5,000 fee in
connection with the changes, which will help ensure that adequate
resources are available for Nasdaq to conduct this review. In addition,
the proposed change will clarify that Nasdaq will halt a security if
the issuer implements a change that requires a rule filing before that
rule filing is approved or effective (as applicable), and delist the
security if Nasdaq determines not to file or withdraws the rule filing,
or the SEC disapproves the rule filing, thereby protecting investors.
    Including changes to the index, portfolio, or reference asset
underlying a security in the list of Substitution Listing Events
subject to a $5,000 fee is reasonable and equitably allocated in that
it is designed to compensate Nasdaq for the work required in connection
with effecting changes that the issuer has initiated. As noted above,
changes made to a security's underlying index, portfolio or reference
assets require Nasdaq to review the issuer's listing compliance and may
require Nasdaq to submit a rule filing to the Commission. It is
reasonable and equitable to allocate the costs of these actions to the
issuer that implements the change or event, just as Nasdaq does in
connection with other Substitution Listing Events.
    The proposed change to eliminate transitional language from Rule
5005(a)(40) will simplify Nasdaq's rules, thereby removing a potential
impediment to a free and open market and national market system.

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

    Nasdaq does not believe that the proposed rule change will result
in any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act, as amended. This rule proposal
is not primarily based on competition, but rather is designed to ensure
that Nasdaq staff has adequate time and resources to review a change to
an index, portfolio, or reference asset for compliance with the listing
requirements and to file and obtain approval or effectiveness of a rule
change, if necessary. As such, Nasdaq believes the proposed change will
have no impact on competition.

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

    No written comments were either solicited or received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate if consistent with
the protection of investors and the public interest, the proposed rule
change has become effective pursuant to Section 19(b)(3)(A) of the Act
\12\ and subparagraph (f)(6) of Rule 19b-4 thereunder.\13\
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires the Exchange to give the Commission written notice of its
intent to file the proposed rule change, along with a brief
description and text of the proposed rule change, at least five
business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission. The
Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \14\ normally
does not become operative for 30 days after the date of filing.
However, pursuant to Rule 19b-4(f)(6)(iii),\15\ the Commission may
designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has
requested that the Commission waive the 30-day operative delay so that
the proposal may become operative immediately upon filing. The Exchange
states that such waiver will allow the Exchange to immediately receive
the benefit of additional time to review changes to indices,
portfolios, or reference assets underlying securities listed under the
Rule 5700 Series for compliance with the listing requirements and
federal securities law requirements. The Exchange further states that
the additional notification time required by the proposal relating to
such changes will help to prevent potential disruptions to listings of
securities listed under the Rule 5700 Series, thereby helping to
protect investors and the public interest.
---------------------------------------------------------------------------

    \14\ 17 CFR 240.19b-4(f)(6).
    \15\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    The Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest.
The Exchange states that the proposal will help ensure that the
Exchange has sufficient time to review a revised index, portfolio, or
reference asset underlying a security listed under the Rule 5700 Series
to determine whether the product complies with the Exchange's listing
requirements and

whether a rule filing must be filed by the Exchange pursuant to Section
19(b)(1) of the Act. Accordingly, the Commission designates the
proposed rule change to be operative upon filing.\16\
---------------------------------------------------------------------------

    \16\ For purposes only of waiving the 30-day operative delay,
the Commission has also 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 summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2016-059 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASDAQ-2016-059. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NASDAQ-2016-059 and should
be submitted on or May 23, 2016.
---------------------------------------------------------------------------

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

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-10147 Filed 4-29-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 9 (Friday, January 13, 2023)]
[Rules and Regulations]
[Pages 2205-2206]
[FR Doc No: 2023-00268]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2022-1827; Airspace Docket No. 22-AEA-39]
RIN 2120-AA66

Amendment of Class D Airspace and Class E Airspace; Manassas, VA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action amends Class D airspace and Class E surface
airspace at Manassas Regional Airport/Harry P. Davis Field, Manassas,
VA. The geographic coordinates of the airport are being updated to
coincide with the FAA's aeronautical database. In addition, this action
makes the editorial changes replacing the term Notice to Airmen with
Notice to Air Missions and replacing the term Airport/Facility
Directory with Chart Supplement. This action does not change the
airspace boundaries or operating requirements.

DATES: Effective 0901 UTC, April 20, 2023. The Director of the Federal
Register approves this incorporation by reference action under 1 CFR
part 51, subject to the annual revision of FAA Order JO 7400.11 and
publication of conforming amendments.

ADDRESSES: FAA Order JO 7400.11G, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. For further information, contact the
Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

FOR FURTHER INFORMATION CONTACT: John Goodson, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, 1701
Columbia Avenue, College Park, GA 30337; Telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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. This
rulemaking is promulgated under the authority described in Subtitle
VII, Part A, Subpart I, Section 40103. Under that section, the FAA is
charged with prescribing regulations to assign the use of airspace
necessary to ensure the safety of aircraft and the efficient use of
airspace. This regulation is within the scope of that authority, as it
amends airspace in Manassas, VA, to support IFR operations in the area.
This update is administrative change and does not change the airspace
boundaries or operating requirements.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order JO 7400.11G, Airspace Designations
and Reporting Points, dated August 19, 2022, and effective September
15, 2022. FAA Order JO 7400.11G is publicly available as listed in the
ADDRESSES section of this document. FAA Order JO 7400.11G lists Class
A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This amendment to 14 CFR part 71 amends the Class D airspace and
Class E surface airspace at Manassas Regional Airport/Harry P. Davis
Field, Manassas, VA., by updating the geographic coordinates of the
airport to coincide with the FAA's aeronautical database. In addition,
this action makes the editorial changes replacing the term Notice to
Airmen with Notice to Air Missions and replacing the term Airport/
Facility Directory with Chart Supplement.
    This action is an administrative change and does not affect the
airspace boundaries or operating requirements; therefore, notice and
public procedure under 5 U.S.C. 553(b) are unnecessary.
    FAA Order JO 7400.11, Airspace Designations and Reporting Points is
published yearly and effective on September 15.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current. It
is non-controversial and unlikely to result in adverse or negative
comments. It, therefore: (1) is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that only affects air traffic procedures and air navigation, it is
certified that this rule, when promulgated, does not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5. a. This airspace action is not expected
to cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11G,
Airspace Designations and Reporting Points, dated August 19, 2022, and
effective September 15, 2022, is amended as follows:

Paragraph 5000 Class D Airspace.

* * * * *

AEA VA D Manassas, VA [Amended]

Manassas Regional Airport/Harry P. Davis Field, VA
    (Lat. 38[deg]43'16'' N, long. 77[deg]30'54'' W)

    That airspace extending upward from the surface to but not
including 2,000 feet MSL within a 5-mile radius of the Manassas
Regional Airport/Harry P. Davis Field, excluding that airspace
within the Washington Tri-Area Class B airspace area. This Class D
airspace area is effective during the specific dates and times
established in advance by a Notice to Air Missions. The effective
date and time will thereafter be continuously published in the Chart
Supplement.

Paragraph 6002 Class E Surface Airspace.

* * * * *

AEA VA E2 Manassas, VA [Amended]

Manassas Regional Airport/Harry P. Davis Field, VA
    (Lat. 38[deg]43'16'' N, long. 77[deg]30'54'' W)

    That airspace extending upward from the surface to but not
including 2,000 feet MSL within a 5-mile radius of the Manassas
Regional Airport/Harry P. Davis Field, excluding that airspace
within the Washington Tri-Area Class B airspace area. This Class E
airspace area is effective during the specific dates and times
established in advance by a Notice to Air Missions. The effective
date and time will thereafter be continuously published in the Chart
Supplement.

    Issued in College Park, Georgia, on January 5, 2023.
Lisa E. Burrows,
Manager, Airspace & Procedures Team North, Eastern Service Center, Air
Traffic Organization.
[FR Doc. 2023-00268 Filed 1-12-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 233 (Monday, December 5, 2016)]
[Proposed Rules]
[Pages 87496-87499]
[FR Doc No: 2016-28664]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-9434; Directorate Identifier 2016-NM-136-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain The Boeing Company Model 737-600, -700, -700C, -800, and -900
series airplanes. This proposed AD was prompted by an evaluation by the
design approval holder (DAH) indicating that the web lap splices in the
aft pressure bulkhead are subject to widespread fatigue damage (WFD).
This proposed AD would require repetitive inspections of the web lap
splices in the aft pressure bulkhead for cracking of the fastener
holes, and repair if necessary. We are proposing this AD to address the
unsafe condition on these products.

DATES: We must receive comments on this proposed AD by January 19,
2017.

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 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: 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 Boeing
Commercial Airplanes, Attention: Contractual & Data Services (C&DS),
2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740; telephone
562-797-1717; Internet https://www.myboeingfleet.com. You may view this
referenced service information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>. It is also
available on the Internet at http://www.regulations.gov by searching
for and locating Docket No. FAA-2016-9434.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
9434; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this proposed AD, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Office (phone:<PHONE_NUMBER>) is in the ADDRESSES section. Comments will
be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Alan Pohl, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office
(ACO), 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-
6450; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2016-9434;
Directorate Identifier 2016-NM-136-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because 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 about this proposed AD.

Discussion

    Fatigue damage can occur locally, in small areas or structural
design details, or globally, in widespread areas. Multiple-site damage
is widespread damage that occurs in a large structural element such as
a single rivet line of a lap splice joining two large skin panels.
Widespread damage can also occur in multiple elements such as adjacent
frames or stringers. Multiple-site damage and multiple-element damage
cracks are typically too small initially to be reliably detected with
normal inspection methods. Without intervention, these cracks will
grow, and eventually compromise the structural integrity of the
airplane. This condition is known as widespread fatigue damage. It is
associated with general degradation of large areas of structure with
similar structural details and stress levels. As an airplane ages, WFD
will likely occur, and will certainly occur if the airplane is operated
long enough without any intervention.
    The FAA's WFD final rule (75 FR 69746, November 15, 2010) became
effective on January 14, 2011. The WFD rule requires certain actions to
prevent structural failure due to WFD throughout the operational life
of certain existing transport category airplanes and all of these
airplanes that will be certificated in the future. For existing and
future airplanes subject to the WFD rule, the rule requires that DAHs
establish a limit of validity (LOV) of the engineering data that
support the structural maintenance program. Operators affected by the
WFD rule may not fly an airplane beyond its LOV, unless an extended LOV
is approved.
    The WFD rule (75 FR 69746, November 15, 2010) does not require
identifying and developing maintenance actions if the DAHs can show
that such actions are not necessary to prevent WFD before the airplane
reaches the LOV. Many LOVs, however, do depend on accomplishment of
future maintenance actions. As stated in the WFD rule, any maintenance
actions necessary to reach the LOV will be mandated by airworthiness
directives through separate rulemaking actions.
    In the context of WFD, this action is necessary to enable DAHs to
propose LOVs that allow operators the longest operational lives for
their airplanes, and still ensure that WFD will not occur. This
approach allows for an implementation strategy that provides
flexibility to DAHs in determining the timing of service information
development (with FAA approval), while providing operators with
certainty regarding the LOV applicable to their airplanes.
    Analysis by the DAH has determined that the web lap splices in the
aft pressure bulkhead are susceptible to WFD for certain Model 737-600,
-700, -700C, -800, and -900 series airplanes. This cracking, if left
undetected, could result in possible rapid decompression and loss of
structural integrity of the airplane.
    During in-service inspections of a 737-300 aft pressure bulkhead,
one operator reported two cracks on the web lap splices outside the
specified inspection area. Since Model 737-600, -700, -700C, -800, and
-900 series airplanes have a similar structural design for the aft
pressure bulkhead, cracks could develop in the same location on these
airplanes.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Alert Service Bulletin 737-53A1353, dated July
21, 2016. The service information describes procedures for a low
frequency eddy current inspection to detect cracking of each web lap
splice of the aft pressure bulkhead at the fastener row common to the
stiffener, and a high frequency eddy current inspection to detect
cracking of each web lap splice of the aft pressure bulkhead at the
fastener row not common to the stiffener. 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

    We are proposing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of these same type
designs.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified
in the service information described previously, except as discussed
under ``Difference Between this Proposed AD and the Service
Information.''

Difference Between This Proposed AD and the Service Information

    Boeing Alert Service Bulletin 737-53A1353, dated July 21, 2016,
specifies to contact the manufacturer for certain instructions, but
this proposed AD would require using repair methods, modification
deviations, and alteration deviations in one of the following ways:
     In accordance with a method that we approve; or
     Using data that meet the certification basis of the
airplane, and that have been approved by the Boeing Commercial
Airplanes Organization Designation Authorization (ODA) whom we have
authorized to make those findings.

Costs of Compliance

    We estimate that this proposed AD affects 693 airplanes of U.S.
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
            Action                       Labor cost               Cost per product       Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Inspections..................  26 work-hours x $85 per hour   $2,210 per inspection     $1,531,530 per
                                = $2,210 per inspection        cycle.                    inspection cycle.
                                cycle.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide
cost estimates for the on-condition actions specified in this proposed
AD.

Authority for This Rulemaking

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

is within the scope of that authority because it addresses an unsafe
condition that is likely to exist or develop on products identified in
this rulemaking action.

Regulatory Findings

    We determined that this 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) Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

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):

The Boeing Company: Docket No. FAA-2016-9434; Directorate Identifier
2016-NM-136-AD.

(a) Comments Due Date

    We must receive comments by January 19, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 737-600, -700, -
700C, -800, and -900 series airplanes, certificated in any category,
as identified in Boeing Alert Service Bulletin 737-53A1353, dated
July 21, 2016.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by an evaluation by the design approval
holder (DAH) indicating that the web lap splices in the aft pressure
bulkhead are subject to widespread fatigue damage (WFD). We are
issuing this AD to detect and correct cracks of the web lap splices
in the aft pressure bulkhead, which could result in possible rapid
decompression and loss of structural integrity of the airplane.

(f) Compliance

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

(g) Repetitive Inspections

    Except as provided by paragraph (h) of this AD, at the
applicable time specified in paragraph 1.E., ``Compliance,'' of
Boeing Alert Service Bulletin 737-53A1353, dated July 21, 2016: Do a
low frequency eddy current (LFEC) inspection to detect cracking of
each web lap splice of the aft pressure bulkhead at the fastener row
common to the stiffener, and a high frequency eddy current (HFEC)
inspection to detect cracking of each web lap splice of the aft
pressure bulkhead at the fastener row not common to the stiffener,
in accordance with the Accomplishment Instructions of Boeing Alert
Service Bulletin 737-53A1353, dated July 21, 2016.
    (1) If no crack is found: Repeat the inspections thereafter at
the applicable times specified in paragraph 1.E., ``Compliance,'' of
Boeing Alert Service Bulletin 737-53A1353, dated July 21, 2016.
    (2) If any crack is found: Do the actions specified in
paragraphs (g)(2)(i) and (g)(2)(ii) of this AD.
    (i) Repair the crack before further flight using a method
approved in accordance with the procedures specified in paragraph
(i) of this AD. Although Boeing Alert Service Bulletin 737-53A1353,
dated July 21, 2016, specifies to contact Boeing for repair
instructions, and specifies that action as ``RC'' (Required for
Compliance), this AD requires repair as specified in this paragraph.
    (ii) On areas that are not repaired, repeat the inspections
thereafter at the applicable times specified in paragraph 1.E.,
``Compliance,'' of Boeing Alert Service Bulletin 737-53A1353, dated
July 21, 2016.

(h) Service Information Exception

    Where paragraph 1.E., ``Compliance,'' of Boeing Alert Service
Bulletin 737-53A1353, dated July 21, 2016, specifies a compliance
time ``after the Original Issue date of this Service Bulletin,''
this AD requires compliance within the specified compliance time
after the effective date of this AD.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle 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. 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 ACO, send it to the
attention of the person identified in paragraph (j)(1) of this AD.
Information may be emailed to<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.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by the Boeing Commercial Airplanes Organization
Designation Authorization (ODA) that has been authorized by the
Manager, Seattle ACO, to make those findings. To be approved, the
repair method, modification deviation, or alteration deviation must
meet the certification basis of the airplane, and the approval must
specifically refer to this AD.
    (4) Except as required by paragraph (g)(2)(i) of this AD: For
service information that contains steps that are labeled as RC, the
provisions of paragraphs (i)(4)(i) and (i)(4)(ii) of this AD apply.
    (i) The steps labeled as RC, including substeps under an RC step
and any figures identified in an RC step, must be done to comply
with the AD. If a step or substep is labeled ``RC Exempt,'' then the
RC requirement is removed from that step or substep. An AMOC is
required for any deviations to RC steps, including substeps and
identified figures.
    (ii) Steps not labeled 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 RC
steps, including substeps and identified figures, can still be done
as specified, and the airplane can be put back in an airworthy
condition.

(j) Related Information

    (1) For more information about this AD, contact Alan Pohl,
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle ACO,
1601 Lind Avenue SW., Renton, WA 98057-3356; phone:<PHONE_NUMBER>;
fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740;
telephone<PHONE_NUMBER>; Internet https://www.myboeingfleet.com. You
may view this referenced service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call
425-227-1221.

    Issued in Renton, Washington, on November 17, 2016.
Phil Forde,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2016-28664 Filed 12-2-16; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 154 (Thursday, August 9, 2012)]
[Notices]
[Pages 47626-47627]
[FR Doc No: 2012-19521]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER12-2312-000]

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

    This is a supplemental notice in the above-referenced proceeding,
of Perigee Energy, LLC's application for market-based rate authority,
with an accompanying rate schedule, noting that such application
includes a request for blanket authorization, under 18 CFR part 34, of
future issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, in accordance with Rules 211 and 214

of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214). Anyone filing a motion to intervene or protest must serve a
copy of that document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability is August 24, 2012.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St. NE., Washington, DC 20426.
    The filings in the above-referenced proceeding(s) are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive email notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please email<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: August 3, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-19521 Filed 8-8-12; 8:45 am]
BILLING CODE 6717-01-P