24 Table 2d. Summary of Cyanide Chemicals Manufacturing Source Category Burden Labor hours Dollars Year after promulgation Existing New Total Existing New Total sources sources sources sources Year 1 6,654 0 6,654 $ 296,198 $ 0 $ 296,198 Year 2 7,770 0 7,770 $ 345,855 $ 0 $ 345,855 Year 3 3,871 0 3,871 $ 172,313 $ 0 $ 172,313 Annual average 6,098 0 6,098 $ 271,455 $ 0 $ 271,455 24


[Federal Register Volume 80, Number 67 (Wednesday, April 8, 2015)]
[Notices]
[Page 18839]
[FR Doc No: 2015-08087]

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ENVIRONMENTAL PROTECTION AGENCY

[A-1-FRL-9925-92-Region 1]

Notice of Decision To Issue A Clean Air Act Permit Modification
For Northeast Gateway Energy Bridge, LLC

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final action.

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

SUMMARY: This notice announces that EPA Region 1 issued a final permit
decision for a Clean Air Act (CAA) permit modification (Permit number
RG1-DPA-CAA-01M) to Northeast Gateway Energy Bridge, LLC for the
operation of the Northeast Gateway Deepwater Port.

DATES: EPA Region 1 issued a final CAA permit modification decision for
the Northeast Gateway Deepwater Port on December 30, 2014. The CAA
permit modification for the Northeast Gateway Deepwater Port became
final and effective on December 30, 2014. Pursuant to Section 307(b)(1)
of the Clean Air Act, 42 U.S.C. 7607(b)(1), judicial review of this
final permit decision, to the extent it is available, may be sought by
filing a petition for review in the United States Court of Appeals for
the First Circuit within 60 days of April 8, 2015.

ADDRESSES: Documents relevant to the above-referenced permit are
available for public inspection between 9:00 a.m. and 4:00 p.m. at EPA
Region 1's Boston office, John W. McCormack Post Office and Courthouse
Building, 5 Post Office Square, Boston, MA. These materials may also be
obtained on-line at EPA Region 1's Web site at http://www.epa.gov/region1/communities/nsemissions.html.

FOR FURTHER INFORMATION CONTACT: Patrick Bird, Air Permits, Toxics and
Indoor Programs Unit, Environmental Protection Agency, EPA Region 1,
(617) 918-1287<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: EPA Region 1, acting in accordance with
provisions of the Deepwater Port Act and the CAA, issued a final CAA
permit modification decision on December 30, 2014 to Northeast Gateway
Energy Bridge, LLC for the operation of the Northeast Gateway Deepwater
Port, located in federal waters off the coast of Massachusetts. Prior
to the permit being finalized, a draft permit was issued, and the
permit underwent a public comment period, which included a public
hearing. EPA Region 1 received no comments during the public comment
period. All conditions of the Northeast Gateway Deepwater Port modified
permit (Permit number RG1-DPA-CAA-01M) became final and effective on
December 30, 2014.

    Dated: March 11, 2015.
Deborah A. Szaro,
Acting Regional Administrator, EPA Region 1.
[FR Doc. 2015-08087 Filed 4-7-15; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 211 (Thursday, November 2, 2023)]
[Rules and Regulations]
[Pages 75234-75236]
[FR Doc No: 2023-23740]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2017-0760, EPA-R09-OAR-2020-0476, and EPA-R09-OAR-2021-
0176; FRL-11409-01-R9]

Air Plan Revisions; California; Antelope Valley Air Quality
Management District; Imperial County Air Pollution Control District;
Correcting Amendments

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correcting amendments.

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

SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to correct sections in the Code of Federal Regulations (CFR),
erroneously caused by administrative oversight, to reflect the current
status of conditional approval provisions in the California State
Implementation Plan (SIP). These corrections concern Antelope Valley
Air Quality Management District's (AVAQMD's) reasonably available
control technology (RACT) SIP demonstration requirements for the 1997
and 2008 8-hour ozone National Ambient Air Quality Standards (NAAQS)
and Imperial County Air Pollution Control District's (ICAPCD's) RACT
SIP demonstration requirements for the 2008 8-hour ozone NAAQS.

DATES: These correcting amendments are effective on November 2, 2023.

ADDRESSES: The EPA has established dockets for this action under Docket
ID No. EPA-R09-OAR-2017-0760, EPA-R09-OAR-2020-0476, and EPA-R09-

OAR-2021-0176. All documents in the dockets are listed on the https://www.regulations.gov website. Although listed in the index, some
information is not publicly available, e.g., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy form. Publicly available docket materials are available through
https://www.regulations.gov, or please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section for additional availability
information. If you need assistance in a language other than English or
if you are a person with disabilities who needs a reasonable
accommodation at no cost to you, please contact the person identified
in the FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Elijah Gordon, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone:<PHONE_NUMBER> or by
email at [email protected].

SUPPLEMENTARY INFORMATION: Table 1 lists the documents addressed by
this corrective action with the dates they were locally adopted,
revised, or amended, and submitted by the California Air Resources
Board (CARB).

                             Table 1--RACT SIP Demonstrations and SIP-Approved Rules
----------------------------------------------------------------------------------------------------------------
             Local agency                         Document                    Local action           Submitted
----------------------------------------------------------------------------------------------------------------
AVAQMD...............................  AVAQMD 8-Hour Reasonably        Adopted 09/19/2006.......      01/31/2007
                                        Available Control Technology--
                                        State Implementation Plan
                                        Analysis (RACT SIP Analysis)--
                                        1997 8-hour Ozone NAAQS
                                        ``2006 RACT SIP''.
AVAQMD...............................  AVAQMD 8-Hour Reasonably        Adopted 07/21/2015.......      10/23/2015
                                        Available Control Technology--
                                        State Implementation Plan
                                        Analysis (2015 RACT SIP
                                        Analysis)--2008 8-hour Ozone
                                        NAAQS ``2015 RACT SIP''.
AVAQMD...............................  Rule 1151.1--Motor Vehicle      Adopted 6/20/2017........        8/9/2017
                                        Assembly Coating Operations.
AVAQMD...............................  Rule 1110.2--Emissions from     Amended 09/18/2018.......      10/30/2018
                                        Stationary, Non-Road and
                                        Portable Internal Combustion
                                        Engines.
ICAPCD...............................  Reasonably Availability         Adopted 09/12/2017.......      11/14/2017
                                        Control Technology Analysis
                                        for the 2017 Imperial County
                                        State Implementation Plan for
                                        the 2008 8-Hr Ozone Standard
                                        ``2017 RACT SIP''.
ICAPCD...............................  Rule 415--Transfer and Storage  Revised 11/03/2020.......      02/19/2021
                                        of Gasoline.
----------------------------------------------------------------------------------------------------------------

    The EPA conditionally approved revisions to the AVAQMD portion of
the California SIP on October 10, 2017 (82 FR 46923). These revisions
concerned AVAQMD's demonstration regarding RACT requirements for the
AVAQMD portion of the Western Mojave Desert nonattainment area for the
1997 8-hour ozone NAAQS, and the AVAQMD portion of the West Mojave
Desert nonattainment area for the 2008 8-hour ozone NAAQS. In the
October 10, 2017 action, we added paragraphs (b), (b)(1), (b)(2),
(b)(3), and (b)(4) to the ``Identification of plan--conditional
approval'' section of 40 CFR part 52, subpart F (40 CFR 52.248),
addressing RACT demonstrations for rules deemed to not meet RACT
requirements. According to 40 CFR 52.248(b), if the State failed to
meet its commitment to address the identified deficiencies by November
9, 2018, the conditional approval would be treated as a disapproval.
The State submitted SIP revisions addressing all identified
deficiencies for the rules listed in paragraphs 40 CFR 52.248(b)(1)
through (4) in advance of this November 9, 2018 deadline.
    We subsequently approved the SIP revisions addressing the
identified deficiencies. We finalized approval of Rule 1151.1 on May
24, 2018 (83 FR 24033). In that rulemaking action, we evaluated Rule
1151.1 for RACT-level stringency, and stated in our proposal that Rule
1151.1 regulates activities covered by the CTG document ``Control
Techniques Guidelines for Automobile and Light-Duty Truck Assembly
Coatings'' (EPA-453/R-08-006, September 2008).\1\ Our approval of Rule
1151.1 as establishing RACT for this CTG cured the identified
deficiencies associated with our conditional approval of the portion of
the District's RACT SIP associated with Rule 1151 in 40 CFR
52.248(b)(3).
---------------------------------------------------------------------------

    \1\ 83 FR 11944 (March 19, 2018). In the District's commitment
letter to CARB (dated 06/26/2017) and CARB's forwarded letter to the
EPA (dated 06/27/2017), AVAQMD stated that rather than adopt a
modification to Rule 1151 to address the RACT deficiency, it would
adopt a new rule, Rule 1151.1, to correct the identified deficiency.
They also stated their commitment to revise and correct identified
deficiencies within Rule 1110.2.
---------------------------------------------------------------------------

    Additionally, we finalized approval of Rule 1110.2 on September 10,
2021 (86 FR 50645). In that rulemaking action, we evaluated Rule 1110.2
for RACT-level stringency, and stated in our proposal that Rule 1110.2
was submitted in order to address the RACT deficiencies identified in
our previous conditional approval for major source NOX
RACT.\2\ Our approval of Rule 1110.2 as establishing RACT for the major
stationary sources regulated by this rule cured the identified
deficiency associated with our conditional approval of the portion of
the District's RACT SIP associated with Rule 1110.2 in 40 CFR
52.248(b)(2).
---------------------------------------------------------------------------

    \2\ 86 FR 17567 (April 5, 2021).
---------------------------------------------------------------------------

    Due to an administrative oversight, our notices approving these new
revisions neglected to remove the conditional approval language from 40
CFR 52.248(b)(2), 40 CFR 52.248(b)(3), and, consequently, 40 CFR
52.248(b). This action addresses this administrative oversight.
    Separately, the EPA conditionally approved a revision to the ICAPCD
portion of the California SIP on February 13, 2020 (85 FR 8181). This
revision concerned ICAPCD's demonstration regarding RACT requirements
for the 2008 8-hour ozone NAAQS in the Imperial County ozone
nonattainment area. In the February 13, 2020 action, we added paragraph
(i) to 40 CFR 52.248, addressing RACT demonstrations for Rule 415, and
stating that if the State failed to meet its commitment to address
these identified deficiencies by one year from the date of the
conditional approval, the conditional approval would be treated as a
disapproval.\3\ The State submitted a revised Rule 415, addressing
these deficiencies in advance of this deadline.
---------------------------------------------------------------------------

    \3\ In the District's commitment letter to CARB (dated 05/08/
2019) and CARB's forwarded letter to the EPA (dated 05/28/2019),
ICAPCD stated their commitment to revise and correct identified
deficiencies within Rule 415.
---------------------------------------------------------------------------

    We finalized approval of the revised Rule 415 on September 2, 2021
(86 FR 49248). In that rulemaking action, we evaluated Rule 415 for
RACT-level stringency, and stated in our proposal

that Rule 415 regulates activities covered by the CTG document
``Control of Hydrocarbons from Tank Truck Gasoline Loading Terminals''
(EPA-450/2-77-026, October 1977).\4\ That proposal stated that Rule 415
was revised in response to the EPA's previous conditional approval and
that the updated version of Rule 415 corrected the identified
deficiencies. Therefore, our approval of Rule 415 as establishing RACT
for this CTG cured the identified deficiency associated with our
conditional approval of the portion of the District's RACT SIP
associated with Rule 415 in 40 CFR 52.248(i). Due to an administrative
oversight, our notice approving Rule 415 neglected to remove the
conditional approval language from 40 CFR 52.248(i). This action
addresses this administrative oversight.
---------------------------------------------------------------------------

    \4\ 86 FR 24835 (May 10, 2021).
---------------------------------------------------------------------------

    For the reasons described above, this action corrects the
regulatory text to reflect the current status of AVAQMD's RACT SIP
demonstration for the 1997 and 2008 8-hour ozone NAAQS. The EPA is
removing Rule 1110.2, ``Emission from Stationary, Non-road & Portable
Internal Combustion Engines,'' and Rule 1151, ``Motor Vehicle and
Mobile Equipment Coating Operations,'' from the regulatory text at 40
CFR 52.248(b)(2) and 40 CFR 52.248(b)(3), respectively. Consequently,
AVAQMD has met its RACT SIP obligations for these 1997 and 2008 8-hour
NAAQS and, therefore, the EPA is removing the prior conditional
approvals for these RACT SIP demonstrations from the Code of Federal
Regulations (40 CFR 52.248(b)), leaving only the subsequently approved
rules in the California SIP. This action also corrects the regulatory
text to reflect the current status of ICAPCD's RACT SIP demonstration
for the 2008 8-hour ozone NAAQS. ICAPCD has met its RACT SIP
obligations for this NAAQS and, therefore, the EPA will remove the
prior conditional approval for this RACT SIP demonstration from the
Code of Federal Regulations (40 CFR 52.248(i)), leaving only the
subsequently approved rule in the California SIP.
    The EPA has determined that this action falls under the ``good
cause'' exemption in section 553(b)(3)(B) of the Administrative
Procedure Act (APA) which, upon finding ``good cause,'' authorizes
agencies to dispense with public participation where public notice and
comment procedures are impracticable, unnecessary, or contrary to
public interest. Public notice and comment for this action is
unnecessary because the underlying rules and RACT evaluations were
already subject to a 30-day comment period, and this action is merely
making administrative changes and updating the regulatory text
accordingly. Further, this action is consistent with the purpose and
rationale of the final rules. Because this action does not change the
EPA's analyses or overall actions, no purpose would be served by
additional public notice and comment. Consequently, additional public
notice and comment are unnecessary.
    The EPA also finds that there is good cause under APA section
553(d)(3) for these amendments to become effective on the date of
publication of this action. Section 553(d)(3) of the APA allows an
effective date of less than 30 days after publication ``as otherwise
provided by the agency for good cause found and published with the
rule.'' 5 U.S.C. 553(d)(3). The purpose of the 30-day waiting period
prescribed in APA section 553(d)(3) is to give affected parties a
reasonable time to adjust their behavior and prepare before the final
rule takes effect. This rule does not create any new regulatory
requirements such that affected parties would need time to prepare
before the rule takes effect. This action merely corrects incomplete
amendatory instructions in previous rulemakings. For these reasons, the
EPA finds good cause under APA section 553(d)(3) for these changes to
become effective on the date of publication of this action.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen oxides, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: October 19, 2023.
Martha Guzman Aceves,
Regional Administrator, Region IX.

    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

Sec.  52.248  [Amended]

0
2. Section 52.248 is amended by removing and reserving paragraphs (b)
and (i).

[FR Doc. 2023-23740 Filed 11-1-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 82, Number 141 (Tuesday, July 25, 2017)]
[Notices]
[Pages 34557-34559]
[FR Doc No: 2017-15530]

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

[Release No. 34-81171; File No. SR-NASDAQ-2017-069]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Enhance Anti-Internalization Functionality

July 19, 2017.
    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 July 6, 2017, 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, II, and III, below, which Items have been prepared by the
Exchange. The Commission is publishing this notice to solicit comments
on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to amend Chapter VI, Section 10 of the rules
of the NASDAQ Options Market (``NOM'') to enhance anti-internalization
functionality.
    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
    The purpose of the proposed rule change is to enhance the anti-
internalization (``AIQ'') functionality provided to market makers on
NOM by giving members the flexibility to choose to have this protection
apply at the market participant identifier (``MPID'') level (i.e.,
existing functionality), at the Exchange account level, or at the
member firm level. The Exchange believes that this enhancement will
provide helpful flexibility for market making firms that wish to
prevent trading against all quotes and orders entered by their firm, or
Exchange account, instead of just quotes and orders that are entered
under the same MPID.
    Currently, the Exchange provides mandatory AIQ functionality
whereby quotes and orders entered by market makers using the same MPID
are not executed against quotes and orders entered on the opposite side
of the market by the same market maker using the same identifier.\3\
When a quote or order entered by a market maker would trade with other
quotes or orders from the same market maker, the trading system cancels
the oldest of the quotes or orders back to the entering party prior to
execution.\4\ AIQ assists market makers in reducing trading costs from
unwanted executions potentially resulting from the interaction of
executable buy and sell trading interest from the same firm when
performing the same market making function.
---------------------------------------------------------------------------

    \3\ See Chapter VI, Section 10.
    \4\ Id. A quote or order entered by a market maker only triggers
AIQ when it would trade with other quotes or orders from the same
market maker. Thus, an incoming quote or order entered by a market
maker may interact with other interest with priority on the book
prior to triggering AIQ.
---------------------------------------------------------------------------

    Today, this protection prevents market makers from trading against
their own quotes and orders at the MPID level. The proposed enhancement
to this functionality would allow members to choose to have this
protection applied at the MPID level as implemented today, at the
Exchange account level, or at the member firm level. If members choose
to have this protection applied at the Exchange account level, AIQ
would prohibit quotes and orders from different MPIDs associated with
the same Exchange account from trading against one another. Similarly,
if the members choose to have this protection applied at the member
firm level, AIQ would prohibit quotes and orders from different MPIDs
within the member firm from trading against one another. Members that
do not select to have this protection applied at the Exchange account
level or member firm level will have their AIQ protection defaulted to
the MPID level protection applied today. The Exchange believes that the
proposed AIQ enhancement will provide members with more tailored self-
trade functionality that allows them to manage their trading as
appropriate based on the members' business needs. While the Exchange
believes that some firms will want to restrict AIQ to trading against
interest from the same MPID--i.e., as implemented today--the Exchange
believes that other firms will find it helpful to be able to configure
AIQ to apply at the Exchange account level or at the member firm level
so that they are protected regardless of which MPID the order or quote
originated from. Similar functionality also exists on the BATS BZX
Exchange (``BZX''), which provides members the ability to apply Match
Trade Prevention (``MTP'') modifiers--i.e., BZX's version of self-trade
protection--based on MPID, Exchange Member, trading group, or Exchange
Sponsored Participant identifiers.\5\
---------------------------------------------------------------------------

    \5\ See BZX Rule 21.1(g).
---------------------------------------------------------------------------

    The examples below illustrate how AIQ would operate based on the
MPID level protection, the Exchange account level, or for members that
choose to apply AIQ at the member firm level:
Example 1
    1. Member ABC (MPID 123A & 555B) with AIQ configured at the MPID
level.
    2. 123A Quote: $1.00 (5) x $1.10 (20).
    3. 555B Buy Order entered for 10 contracts at $1.10.
    4. 555B Buy Order executes 10 contracts against 123A Quote. 123A
and 555B are permitted trade against one another because Member ABC has
configured AIQ to apply at the MPID level. This is the same as existing
functionality.
Example 2
    1. Member ABC (Account 999 with MPIDs 123A and 555B, and Account
888 with MPID 789A) with AIQ configured at the Exchange account level.
    2. 123A Quote: $1.00 (5) x $1.10 (20).
    3. 789A Quote: $1.05(10) x $1.10 (20).
    4. 555B Buy Order entered for 30 contracts at $1.10.
    5. 555B Buy Order executes against 789A Quote but 555B Buy Order
does not execute against 123A Quote. AIQ purges the 123A Quote and the
remaining contracts of the 555B Buy Order rests on the book at $1.10.
123A and 555B are not permitted trade against one another because
Member ABC has configured AIQ to apply at the Exchange account level.
This is new functionality as the member has opted to have AIQ operate
at the Exchange account level.
Example 3
    1. Same as Example 2 above but Member ABC has AIQ configured at the
member level.
    2. AIQ purges the 123A Quote and the 789A Quote and the 555B Buy
Order rests on the book at $1.10. This is new functionality as the
member has opted to have AIQ operate at the member level.
Implementation
    The Exchange proposes to launch the AIQ functionality described in
this proposed rule change in either Q3 or Q4 2017. The Exchange will
announce the implementation date of this functionality in an Options
Trader Alert issued to members prior to the launch date.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the requirements of the Act and the rules and regulations
thereunder that are applicable to a national securities exchange, and,
in particular, with the requirements of Section 6(b) of the Act.\6\ In
particular, the proposal is consistent with Section 6(b)(5) of the
Act,\7\ because it is designed to promote just and equitable principles
of trade, remove impediments to and perfect the mechanisms of a free
and open market and a national market system and, in general, to
protect investors and the public interest.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that the proposed rule change is consistent
with

the protection of investors and the public interest as it is designed
to provide NOM market makers with additional flexibility with respect
to how to implement self-trade protections provided by AIQ. Currently,
all market makers are provided functionality that prevents quotes and
orders from one MPID from trading with quotes and orders from the same
MPID. This allows market makers to better manage their order flow and
prevent undesirable executions where the market maker, using the same
MIPID, would be on both sides of the trade. While this functionality is
helpful to our members, some members would prefer not to trade with
quotes and orders entered by different MPIDs within the same Exchange
account or member. Thus, the Exchange is proposing to provide members
with flexibility with respect to how AIQ is implemented. While members
that like the current functionality can continue to use it, members who
would prefer to prevent self-trades across different MPIDs within the
same Exchange account or at the member level will now be provided with
functionality that lets them do this. Similar functionality also exists
on BZX,\8\ and the Exchange believes that flexibility to apply AIQ at
the Exchange account or member firm level would be useful for NOM
members too. The Exchange believes that the proposed rule change is
designed to promote just and equitable principles of trade and will
remove impediments to and perfect the mechanisms of a free and open
market as it will further enhance self-trade protections provided to
NOM market makers similar to those protections provided on other
markets. This functionality does not relieve or otherwise modify the
duty of best execution owed to orders received from public customers.
---------------------------------------------------------------------------

    \8\ See supra note 5.
---------------------------------------------------------------------------

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

    In accordance with Section 6(b)(8) of the Act,\9\ the Exchange does
not believe that the proposed rule change will impose any burden on
intermarket or intramarket competition that is not necessary or
appropriate in furtherance of the purposes of the Act. The proposed
rule change is designed to enhance AIQ functionality provided to NOM
market makers, and will benefit members that wish to protect their
quotes and orders against trading with other quotes and orders within
the same Exchange account or member, rather than the more limited MPID
standard applied today. The new functionality, which is similar to
functionality already provided on BZX, is also completely voluntary,
and members that wish to use the current functionality can also
continue to do so. The Exchange does not believe that providing more
flexibility to members will have any significant impact on competition.
In fact, the Exchange believes that the proposed rule change is
evidence of the competitive environment in the options industry where
exchanges must continually improve their offerings to maintain
competitive standing.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

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, it has become
effective pursuant to Section 19(b)(3)(A)(iii) of the Act \10\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\11\
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \11\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    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: (i)
Necessary or appropriate in the public interest; (ii) for the
protection of investors; or (iii) 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-2017-069 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-2017-069. 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 the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NASDAQ-2017-069 and should
be submitted on or before August 15, 2017.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
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    \12\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-15530 Filed 7-24-17; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: October 18, 2007 (Volume 72, Number 201)]
[Notices]
[Page 59101-59102]
[DOCID:fr18oc07-57]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[USCG-2007-0008]

Collection of Information Under Review by Office of Management
and Budget: OMB Control Number: 1625-0003

AGENCY: Coast Guard, DHS.

ACTION: Sixty-day notice requesting comments.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995, the
U.S. Coast Guard intends to submit an Information Collection Request
(ICR) to the Office of Management and Budget (OMB) requesting a
revision of their approval for the following collection of information:
1625-0003, Coast Guard Boating Accident Report Form (CG-3865). Before
submitting this ICR to OMB, the Coast Guard is inviting comments as
described below.

DATES: Comments must reach the Coast Guard on or before December 17,
2007.

ADDRESSES: To make sure your comments and related material do not enter
the docket [USCG-2007-0008] more than once, please submit them by only
one of the following means:
    (1) Online: http://www.regulations.gov.

    (2) Mail or Hand deliver to: Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590-0001. Hand
deliver between the hours of 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The telephone number is<PHONE_NUMBER>.
    (3) Fax to: Docket Management Facility:<PHONE_NUMBER>.
    The Docket Management Facility maintains the public docket for this
notice. Comments and material received from the public, as well as
documents mentioned in this notice as being available in the docket,
will become part of this docket and will be available for inspection or
copying at room W12-140 on the West Building Ground Floor, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays. You may also find this docket
on the Internet at http://www.regulations.gov.

    A copy of the complete ICR is available through this docket on the
Internet at http://www.regulations.gov. Additionally, copies are

available from Commandant (CG-611), U.S. Coast Guard Headquarters,
(Attn: Mr. Arthur Requina), 2100 2nd Street, SW., Washington, DC 20593-
0001. The telephone number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Mr. Arthur Requina, Office of
Information Management, telephone<PHONE_NUMBER>, or fax<PHONE_NUMBER>,
for questions on these documents. Contact Ms. Renee V. Wright, Program
Manager, Docket Operations,<PHONE_NUMBER>, for questions on the docket.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to respond to this request by submitting comments
and related materials. We will post all comments received, without
change, to http://www.regulations.gov. They will include any personal

information you provide. We have an agreement with DOT to use their
Docket Management Facility. Please see the paragraph on DOT's ``Privacy
Act Policy'' below.
    Submitting comments: If you submit a comment, please include the
docket number for this request [USCG-2007-0008], indicate the specific
section of the document to which each comment applies, providing a
reason for each comment. We recommend you include your name, mailing
address, and an e-mail address or other contact information in the body
of your document to ensure that you can be identified as the submitter.
This also allows us to contact you in the event further information is
needed or if there are questions. For example, if we cannot read your
submission. You may submit your comments and material by electronic
means, mail, fax, or delivery to the Docket Management Facility at the
address under ADDRESSES; but please submit them by only one means. If
you submit them by mail or delivery, submit them in an unbound format,
no larger than 8-\1/2\ by 11 inches, suitable for copying and
electronic filing. If you submit them by mail and would like to know
that they reached the Facility, please enclose a stamped, self-
addressed postcard or envelope. We will consider all comments and
material received during the comment period. We may change the
documents supporting this collection of information or even the
underlying requirements in view of them.
    Viewing comments and documents: Go to http://www.regulations.gov to

view documents mentioned in this notice as being available in the
docket. Click on ``Search for Dockets,'' and enter the docket number
for this notice (USCG-2007-0008) in the Docket ID box, and click enter.
You may also visit the Docket Management Facility in room W12-140 on
the West Building Ground Floor, 1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
    Privacy Act: Anyone can search the electronic form of all comments
received in dockets by the name of the individual submitting the
comment (or signing the comment, if submitted on behalf of an
association, business, labor union, etc.). You may review the Privacy
Act Statement of DOT in the Federal Register published on April 11,
2000 (65 FR 19477), or you may visit http://DocketsInfo.dot.gov.

Information Collection Request

    1. Title: Coast Guard Boating Accident Report Form (CG-3865).
    OMB Control Number: 1625-0003.
    Summary: Title 46 U.S.C. 6102(b) requires the Secretary to collect,
analyze and publish reports, information, and statistics on marine
casualties. The Coast Guard Boating Accident Report Form (CG-3865) is
the data collection instrument that enables the Coast Guard to comply
with this mandate.
    Need: Title 46 U.S.C. 6102(a) requires a uniform marine casualty
reporting system with regulations prescribing casualties to be
reported, and the manner thereof. The statute requires a State to
compile and submit to the Secretary (delegated to the Coast Guard)
reports, information, and statistics on casualties reported.
Implementing regulations are contained in 33 CFR part 173--Vessel
Numbering and Casualty and Accident Reporting; subpart C--Casualty and
Accident Reporting, and 33 CFR part 174--State Numbering and Casualty
Reporting Systems; subpart C--Casualty Reporting System Requirements;
and subpart D--State reports.
    States are required to forward copies of the reports or
electronically transmit

accident report data to the Coast Guard within 30 days of receipt of
the report as prescribed in 33 CFR 174.121. The accident report data
and statistical information obtained from the reports submitted by the
State reporting authorities are used by the Coast Guard in the
compilation of national recreational boating accident statistics.
    Respondents: Operators of vessels or vessel equipment involved in
occurrences where--
     A person dies or is injured and requires medical treatment
beyond first aid,
     The vessel incurs damage or other property incurs damages
of $2,000 or more, or
     A person disappears from the vessel under circumstances
indicating death or injury, and reporting authorities. See Sec. Sec.
173.57 and 173.59.
    Frequency: On occasion.
    Burden Estimate: The estimated burden remains 2,500 hours a year.

    Dated: October 11, 2007.
D.T. Glenn,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Command,
Control, Communications, Computers and Information Technology.
[FR Doc. E7-20607 Filed 10-17-07; 8:45 am]

BILLING CODE 4910-15-P


[Federal Register: January 25, 2006 (Volume 71, Number 16)]
[Notices]
[Page 4125]
[DOCID:fr25ja06-60]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER05-1444-004]

Midwest Independent Transmission System Operator, Inc.; Notice of
Filing

January 18, 2006.
    Take notice that on January 13, 2006, the Midwest Independent
Transmission System Operator, Inc. submitted a revised Original Sheet
No. 44 of the amended Interconnection Agreement to its November 23,
2005 filing.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Applicant and all the parties in this proceeding.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is 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 e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on January 27, 2006.

Magalie R. Salas,
Secretary.
[FR Doc. E6-834 Filed 1-24-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 166 (Tuesday, August 29, 2023)]
[Notices]
[Pages 59566-59572]
[FR Doc No: 2023-18289]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

[Docket No. DOT-OST- 2023-0069]

Privacy Act of 1974; System of Records

AGENCY: Office of the Departmental Chief Information Officer, Office of
the Secretary of Transportation, DOT.

ACTION: Notice of a modified system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, the United States
Department of Transportation proposes to rename, update and reissue a
Department of Transportation (DOT) system of records notice titled,
``Department of Transportation, Federal Aviation Administration; DOT/
FAA 854 Small Unmanned Aircraft Systems (sUAS) Waivers and
Authorizations.'' The name of the SORN will be changed to ``Unmanned
Aircraft System (UAS) Waivers and Authorizations''. The modification of
the system of records notice (hereafter referred to as ``Notice'')
allows the Federal Aviation Administration (FAA) to collect and
maintain records on individuals operating small unmanned aircraft
systems (hereinafter ``sUAS'') who request and receive authorizations
to fly their sUAS in controlled airspace or waivers to fly their sUAS
outside of the requirements of the Code of Federal Regulations (CFR)
and to review and approve Certificate of Waiver or Authorizations (COA)
applications.

DATES: Submit comments on or before September 28, 2023. The Department
may publish an amended Systems of Records Notice (hereafter ``Notice'')
in light of any comments received. This modified system will be
effective immediately and the modified routine uses will be effective
September 28, 2023.

ADDRESSES: You may submit comments, identified by docket number DOT-
OST-2023-0069 by any of the following methods:
     Federal e-Rulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
     Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Ave. SE, West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Ave. SE, between 9 a.m. and 5 p.m. ET, Monday
through Friday, except Federal Holidays.
     Fax:<PHONE_NUMBER>.
    Instructions: You must include the agency name and docket number
DOT-OST-2023-0069. All comments received will be posted without change
to https://www.regulations.gov, including any personal information
provided.
    Privacy Act: Anyone is able to search the electronic form of all
comments received in any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review the
Department of Transportation's complete Privacy Act statement in the
Federal Register published on April 11, 2000 (65 FR 19477-78), or you
may visit http://DocketsInfo.dot.gov.
    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov or to the street
address listed above. Follow the online instructions for accessing the
docket.

FOR FURTHER INFORMATION CONTACT: For questions, please contact: Karyn
Gorman, Departmental Chief Privacy Officer, Privacy Office, Department
of Transportation, Washington, DC 20590; [email protected]; or 202-366-
3140.

SUPPLEMENTARY INFORMATION:

Notice Update

    This Notice update includes substantive changes to the following
sections: system name, system location, system manager, authority,
purpose, routine uses, policies and practices for retrieval of records,
and policies and practices for retention and disposal of records.

Background

    In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the
Department of Transportation (DOT)/Federal Aviation Administration
(FAA) proposes to rename, update and reissue a DOT system of records
titled, ``DOT/FAA 854, Small Unmanned Aircraft Systems (sUAS) Waivers
and Authorizations.'' This update results from the FAA Reauthorization
Act of 2018, Public Law 115-254 section 44807, Special Rules for
Certain Unmanned Aircraft Systems, which directs the FAA to integrate
unmanned aircraft systems (UAS) safely into the National Airspace
System (NAS). Individuals operating UAS civil aircraft under 14 CFR
part 91, which meet the requirements established in 49 U.S.C. 44807,
can request and receive a special airworthiness certificate, restricted
category aircraft (21.25), Type Certificate, or a Section 44807
exemption with Certificate of Waiver or Authorization. The FAA issues a
Certificate of Waiver or Authorization (COA) that permits persons,
public agencies, organizations, and commercial entities to operate
unmanned aircraft, for a particular purpose, in a particular area of
the NAS as an exception to FAA Regulations. Consequently, this update
expands the Notice's scope to cover individuals operating UAS under the
provisions of 14 CFR part 91. The previous version of this Notice only
applied to persons flying sUAS under the provisions of 14 CFR part 107
or flying sUAS in limited recreational operations pursuant to 49 U.S.C.
44809(a).
    Under current law, persons flying sUAS under the provisions of 14
CFR part 107 or flying sUAS in limited recreational operations pursuant
to 49 U.S.C. 44809(a) may not operate sUAS in Class B, Class C, or
Class D airspace or within the lateral boundaries of the surface area
of Class E airspace designated for an airport unless the person has
received authorization to operate from the FAA. sUAS operators under 14
CFR part 107, who are also referred to as remote pilots in command, may
request waivers of airspace and operational rules applicable to sUAS
requirements under 14 CFR part 107.
    The FAA uses two systems to process the waiver and airspace
authorization requests subject to this notice. The first is a web-based
system where sUAS operators who seek a waiver or an authorization may
request one by electronically completing a form on the FAA website.\1\
The FAA reviews the information the applicant provides and determines
whether it can ensure safety in the national airspace when granting the
waiver or authorization. Often, such grants will include provisions to
which the requestor must adhere, to mitigate the risk associated with
the waiver or authorization.
---------------------------------------------------------------------------

    \1\ OMB Numbers 2120-0768, 2120-0776, and 2120-0796.
---------------------------------------------------------------------------

    sUAS operators may also request authorization through third parties
qualified to offer services by the FAA under the Low Altitude
Authorization and Notification Capability (hereinafter ``LAANC'').
These third parties, called UAS Service Suppliers (hereinafter
``USS''), enter into agreements with the FAA to automate and expedite
the process by which sUAS operators receive authorization from the FAA
to fly in the aforementioned airspace. The USS develop applications
that enable sUAS operators to submit requests for authorization to the
FAA where the requests are evaluated against predetermined criteria
contained in LAANC. This enables sUAS operators to quickly and
efficiently obtain authorizations to operate in Class B, C, D and
within the lateral boundaries of surface area E designated for an
airport. The number of USS available to the public, and the locations
where LAANC is available, are updated on the FAA website located at
https://www.faa.gov/uas/programs_partnerships/data_exchange/.
    Additionally, under current law, persons flying UAS under the
provisions of 14 CFR part 91 that cannot comply with all regulatory
requirements may not operate UAS in the NAS unless the person has
received authorization to operate from the FAA. UAS operators may
request a COA under 14 CFR part 91 using web-based systems or they can
use a PDF version of the Form 7711-2. The COA is issued by the FAA to a
UAS operator for a specific unmanned aircraft (UA) activity.
    The FAA uses a web-based application to process the COA. After the
submission of a COA application, the FAA conducts a comprehensive
operational and technical review. Additionally, the applicant can also
apply for the COA using a PDF version of the Form 7711-2, Application
for Certificate of Waiver or Authorization.\2\ If necessary, provisions
or limitations may be imposed as part of the approval to ensure the UAS
can operate safely with other airspace users. In most cases, the FAA
will provide a formal response within 60 business days from the time of
submission.
---------------------------------------------------------------------------

    \2\ OMB Number 2120-0027.
---------------------------------------------------------------------------

    Specifically, FAA is updating this Notice to make the following
substantive changes:
    1. The Notice title is being changed to Unmanned Aircraft System
(UAS) Waivers and Authorizations, since the scope of the records has
expanded to include individuals operating UAS under the provisions of
14 CFR part 91.
    2. The system location is being updated to include and update the
location of all systems covered by this Notice.
    3. The system manager is being updated to include the system
managers and contact information for all systems covered by this
Notice.
    4. The purpose is being updated to include an explanation that the
system that will be used to facilitate review and approval of COA
applications submitted under 14 CFR part 91 for all classes of airspace
and ensure the operator is able to operate in a safe manner. The
purpose is also being updated to clarify that the system will also be
used to assist other government agencies in investigating or
prosecuting violations or potential violations of law. UAS operators
who operate their UAS in certain airspace without the proper
authorization or waiver may be subject to a variety of civil, criminal,
or regulatory penalties depending on the circumstances. Therefore, it
is critical for law enforcement to understand whether a UAS flying in
certain airspace has sought and received an authorization or waiver
from the FAA if there is an indication of a violation of law.
    5. The authority for maintenance of the system is being updated to
remove Sec.  333, Special Rules for Certain Unmanned Aircraft Systems,
which has been repealed, and add its replacement, 49 U.S.C. 44807
Special Rules for Certain Unmanned Aircraft Systems. This section is
also being updated to include 14 CFR part 91, ``General Operating and
Flight Rules'', since the scope of this Notice is being expanded to
include COA operations under these authorities.
    6. The routine use section is being updated to add the following
new system specific routine use: Disclosure of information to
government agencies, whether Federal, State, Tribal, local or

foreign, information necessary or relevant to an investigation of a
violation or potential violation of law, whether civil, criminal, or
regulatory, that the agency is charged with investigating or enforcing;
as well as to government agencies responsible for threat detection in
connection with critical infrastructure protection. This use is
compatible with the purpose of this system as this system is intended
to ensure that sUAS operators are operating their sUAS in accordance
with the requirements of 14 CFR part 107 and 49 U.S.C. 44809 and to
ensure that UAS operators are operating their UAS in accordance with
the requirements of 14 CFR part 91. In addition, this routine use is
compatible with the system's oversight purpose and its purpose for
assisting other government agencies investigate or prosecute violations
or potential violations of law.
    7. The retrieval section is being updated to include that records
can be retrieved by a unique generated number (including, but not
limited to, application number and COA number).
    8. The records retention and disposal section is being updated to
include the retention schedule for airspace authorization records
maintained by LAANC. The records were previously maintained
indefinitely until the FAA's records schedule was approved by the
National Archives and Records Administration (NARA). NARA has since
approved the FAA's schedule, DAA-0237-2019-0011, and therefore LAANC
records will be destroyed three years after authorization is revoked or
canceled. This notice also adds NARA retention schedule DAA-0237-2023-
0004 for COA Applications (COA Application Processing System [CAPS] and
COA Application in DroneZone [CADZ]). The retention schedule is with
NARA for approval and the FAA is proposing to retain the records for
three years after authorization is revoked or canceled. FAA will
maintain the records indefinitely until NARA has approved the schedule.

A. Description of Records

    The FAA's regulations at 14 CFR part 107 governing operation of
sUAS permits operators to apply for certificates of waiver to allow a
sUAS operation to deviate from certain provisions of 14 CFR part 107,
if the FAA Administrator finds the operator can safely conduct the
proposed operation under the terms of a certificate of waiver.
Operators flying under 14 CFR part 107 or flying limited recreational
operations under 49 U.S.C. 44809(a) may request authorization to enter
controlled airspace (Class B, Class C, or Class D airspace, or within
the lateral boundaries of the surface area of Class E airspace
designated for an airport). The FAA assesses requests for waivers on a
case-specific basis that considers the proposed sUAS operation, the
unique operating environment, and the safety mitigations provided by
that operating environment. Accordingly, this Notice covers documents
relevant to both waivers of certain provisions of 14 CFR part 107 as
well as authorizations to fly in controlled airspace.
    Additionally, the FAA's regulations governing operations under 14
CFR part 91 permit operators to apply for a COA to allow a UAS
operation to deviate from certain provisions of 14 CFR part 91 if the
FAA Administrator finds the operator can safely conduct the proposed
operation under the terms of a COA. Operators flying under 14 CFR part
91 may request authorization to operate in the NAS. The FAA assesses
requests for waivers on a case-specific basis that considers the
proposed UAS operation, the unique operating environment, and the
safety mitigations provided by that operating environment. Accordingly,
this Notice covers documents relevant to both waivers and
authorizations of certain provisions of 14 CFR part 91.
    At times, operators requesting waivers and authorizations under the
regulations described above are companies or other non-person entities,
rather than individuals. Because the Privacy Act applies only to
individuals, this Notice applies only to waiver and authorization
records where the owner or operator requesting the waiver is an
individual, and does not apply to records pertaining to non-person
entities.
1. Waivers
    To obtain a certificate of waiver, an applicant must submit a
request containing a complete description of the proposed operation and
a justification, including supporting data and documentation as
necessary, to establish the proposed operation can be conducted safely
under the terms of the requested certificate of waiver. The FAA expects
that the time and effort the operator will put into the analysis and
data collection for the waiver application will be proportional to the
specific relief requested. The FAA will analyze all requests for a
certificate of waiver and will provide responses as timely as possible
with more complex waivers requiring more time than less complex ones.
If a certificate of waiver is granted, that certificate may include
additional conditions and limitations designed to ensure that the sUAS
operation can be conducted safely. While all decisions are made against
the same criteria, decisions are made on a situation specific basis.
    For airspace authorization requests to operate a sUAS in Class B,
information collected relevant to waivers includes: name of person
requesting the waiver; contact information for person applying for the
waiver (telephone number, mailing address, and email address); remote
pilot in command name; remote pilot in command airmen certification
number and rating; remote pilot in command' contact information;
aircraft registration number; aircraft manufacturer name and model;
submission reference code; regulations subject to waiver; requested
date and time operations will commence and conclude under the waiver;
flight path information, including but not limited to altitude and
coordinates; safety justification; and description of proposed
operations.
2. Airspace Authorizations
    For Class C, Class D or within the lateral boundaries of the
surface area of Class E airspace designated for an airport, a remote
pilot in command may seek either automatic approval or a request for
further coordination from the FAA. Automatic approvals are completed by
checking against pre-determined FAA-approved altitude values and
locations within the aforementioned airspace. Requests sent through the
FAA website are manually checked against the pre-determined values to
either approve or deny the request. As this method requires manual
approval and is not scalable to the increasing numbers of requests for
authorization, the time for the sUAS operator to receive a response is
variable.
    Requests sent through the LAANC are approved or denied via an
automated process and operators receive near real time notice of either
an approval or denial of the authorization request. ``Requests for
further coordination'' are needed for those authorization requests for
operations that are within the aforementioned airspace, under 400 feet
of altitude, and for a location and altitude that has not been pre-
determined by the FAA to be safe without further consideration. These
requests for further coordination are sent via either the FAA website
or through LAANC for 14 CFR part 107 operations and routed for approval
or denial to the local Air Traffic Control (ATC) facility where the
requested operation would take place, to make an

approval decision. The ATC facility has the authority to approve or
deny aircraft operations based on traffic density, controller workload,
communications issues, or any other types of operational issues that
could potentially impact the safe and efficient flow of air traffic in
that airspace. If necessary to approve a sUAS operation, ATC may
require mitigations such as altitude constraints and direct
communication. ATC may deny requests that pose an unacceptable risk to
the NAS and cannot be mitigated.
    Information collected relevant to airspace authorizations requested
using the non-automated method includes: aircraft operator name;
aircraft owner name; name of person requesting the authorization;
contact information for the person applying for the authorization;
remote pilot in command name; remote pilot in command contact
information; remote pilot in command certificate number; aircraft
manufacturer name and model; aircraft registration number; requested
date and time operations will commence and conclude; requested altitude
applicable to the authorization; and description of proposed
operations.
    Information collected relevant to airspace authorizations requested
using the automated method LAANC includes: name of pilot in command;
contact telephone number of remote pilot in command; start date, time,
and duration of operation; maximum altitude; geometry; airspace
class(es); submission reference code; safety justification for requests
for further coordination non-auto-authorized operation; and aircraft
registration number.
3. Certificate of Waiver or Authorization Associated With Part 91 Civil
UAS Operation
    To obtain a certificate of waiver or authorization an applicant
completes the FAA Form 7711-2. An applicant can submit a PDF form 7711-
2 to [email protected] or apply online. The legacy
system Certificate of Authorization Application Processing System
(CAPS) is currently used for processing of these applications; however,
this will eventually be replaced by the Certificate of Authorization
(COA) Application in the DroneZone (CADZ) system, which is currently in
development. The Application for Certificate of Waiver or Authorization
collects the name, address, email address and phone number from the
applicant, along with details of the operation needed to evaluate the
application. Once the applicant submits the application, the
application system (CAPS/CADZ) will automatically generate a unique
numerical draft number used to track the application. The applicant
must acknowledge several statements called declarations. The
declarations section requires Yes or No responses from the applicant
that certify or declare their type of operation and associated
authorization. CAPS/CADZ also collects information about the requested
operation, flight operations area/plan, UAS specifications, and any
flight crew qualifications. The application is submitted to a Processor
for their review and to ensure the appropriate information is provided
to evaluate the application including any attachments that may be
needed.
    Once the application is submitted, a COA Processor will work with
the applicant to clarify or correct inconsistencies in the application.
The COA Processor will have the ability to return the application to
the applicant for further refinement or submit it to the next reviewer
(Air Traffic Control Specialists or Aviation Safety Inspector). This
review process is repeated until all necessary parties have approved
the application or it is determined that it cannot be approved. Once
the COA is granted and the COA becomes active, a signed PDF copy of the
COA is sent to the applicant. If disapproved, the COA processor sends a
disapproval letter stating the reason for the disapproval.

Privacy Act

    The Privacy Act (5 U.S.C. 552a) governs the means by which the
Federal Government collects, maintains, and uses personally
identifiable information (PII) in a System of Records. A ``System of
Records'' is a group of any records under the control of a Federal
agency from which information about individuals is retrieved by name or
other personal identifier. The Privacy Act requires each agency to
publish in the Federal Register a System of Records Notice (SORN)
identifying and describing each System of Records the agency maintains,
including the purposes for which the agency uses PII in the system, the
routine uses for which the agency discloses such information outside
the agency, and how individuals to whom a Privacy Act record pertains
can exercise their rights under the Privacy Act (e.g., to determine if
the system contains information about them and to contest inaccurate
information). In accordance with 5 U.S.C. 552a(r), DOT has provided a
report of this system of records to the Office of Management and Budget
and to Congress.

SYSTEM NAME AND NUMBER:
    Department of Transportation, Federal Aviation Administration, DOT/
FAA--854 Unmanned Aircraft Systems (UAS) Waivers and Authorizations.

SECURITY CLASSIFICATION:
    Unclassified

SYSTEM LOCATION:
    1. COA Application Processing System (CAPS): \3\ Enterprise Data
Center (EDC) located within the AIT Network at the Mike Monroney
Aeronautical Center (MMAC), Oklahoma City, OK.
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    \3\ CAPS will be replaced by CADZ and the system will be located
at Amazon Web Services (AWS) US-West and Oregon Region of the AWS
East/West Public Cloud.
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    2. Low Altitude Authorization and Notification Capability (LAANC)
and Part 107 Authorization and Waivers: Amazon Web Services (AWS) US-
West and Oregon Region of the AWS East/West Public Cloud.

SYSTEM MANAGER(S) AND ADDRESS:
    1. COA Application Processing System (CAPS): \4\ Manager, UAS
Policy Team (AJV-P22), Air Traffic Organization, Federal Aviation
Administration, 600 Independence Avenue SW--Suite #5E21TS Washington,
DC 20591 (Wilbur Wright Federal Building--FOB 10B). Contact information
is mailbox: [email protected].
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    \4\ CAPS will be replaced by CADZ and the system manager will be
the same as LAANC and Part 107 Waivers.
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    2. Low Altitude Authorization and Notification Capability and Part
107 Authorization and Waivers: Manager, Amazon Web Services US East/
West Public Cloud. Contact information for system manager is
[email protected].

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    49 U.S.C. 106(g), Duties and powers of Administrator; 49 U.S.C.
40101, Policy; 49 U.S.C. 40103, Sovereignty and use of airspace; 49
U.S.C. 40106, Emergency powers; 49 U.S.C. 40113, Administrative; 49
U.S.C. 44701, General requirements; FAA Modernization and Reform Act of
2012, Public Law 112-95 (``FMRA''); 14 CFR part 91, ``General Operating
and Flight Rules''; 14 CFR part 107, subpart D, ``Waivers''; 14 CFR
107.41, ``Operation in certain airspace''; and 49 U.S.C. 44807 and
44809(a).

PURPOSE(S):
    The purpose of this system is to receive, evaluate, and respond to
requests for authorization to operate a sUAS in Class B, C or D
airspace or within the lateral boundaries of the surface area of Class
E airspace

designated for an airport, and evaluate requests for a certificate of
waiver to deviate safely from one or more sUAS operational requirements
specified in 14 CFR part 107. The system will also be used to
facilitate FAA's review and approval of COA applications submitted
under 14 CFR part 91 for all classes of airspace and ensure the
operator is able to operate in a safe manner. The FAA also will use
this system to support FAA safety programs and agency management,
including safety studies and assessments. The FAA may use contact
information provided with requests for waivers or authorizations to
provide owners and operators' information about potential unsafe
conditions and educate owners and operators regarding safety
requirements for operation. The FAA will also use this system to
maintain oversight of FAA issued waivers and authorizations, and
records from this system may be used by FAA for enforcement purposes.
The FAA will use this system to assist other government agencies with
investigating or prosecuting violations or potential violations of law.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Aircraft operators, aircraft owners, and persons requesting a
waiver or authorization.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Name; contact information to include: mailing address, telephone
number, and email address; responses to inquiries concerning the
applicant's previous and current waivers; certificate number; aircraft
manufacturer name and model; aircraft registration number; unique
generated number (including, but not limited to, application number and
COA number); regulations subject to waiver or authorization; requested
date and time operations will commence and conclude under waiver or
authorization; flight path information, including but not limited to
the requested altitude and coordinates of the applicable waiver or
authorization; description of proposed operations; specifications;
geometry (center point with radius or Geo/JSON polygon); airspace
class(es); submission reference code; safety justification for non-
auto-authorized operations.

RECORD SOURCE CATEGORIES:
    Records are obtained from aircraft operators, aircraft owners,
persons requesting a waiver or authorization, manufacturers of
aircraft, maintenance inspectors, mechanics, and FAA officials. Records
are also obtained on behalf of individuals through USS.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
    In addition to other disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a portion of the records or
information contained in this system may be disclosed outside DOT as a
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    System Specific Routine Uses:
    1. To the public, waiver applications and decisions, including any
history of previous, pending, existing, or denied requests for waivers
applicable to the sUAS at issue for purposes of the waiver, and special
provisions applicable to the sUAS operation that is the subject of the
request. Email addresses and telephone numbers will not be disclosed
pursuant to this Routine Use. Airspace authorizations the FAA issues
also will not be disclosed pursuant to this Routine Use, except to the
extent that an airspace authorization is listed or summarized in the
terms of a waiver.
    2. To law enforcement, when necessary and relevant to a FAA
enforcement activity.
    3. To the National Transportation Safety Board (NTSB) in connection
with its investigation responsibilities.
    4. To government agencies, whether Federal, State, Tribal, local or
foreign, information necessary or relevant to an investigation of a
violation or potential violation of law, whether civil, criminal, or
regulatory, that the agency is charged with investigating or enforcing;
as well as, to government agencies responsible for threat detection in
connection with critical infrastructure protection.
    Departmental Routine Uses:
    5. In the event that a system of records maintained by DOT to carry
out its functions indicates a violation or potential violation of law,
whether civil, criminal or regulatory in nature, and whether arising by
general statute or particular program pursuant thereto, the relevant
records in the system of records may be referred, as a routine use, to
the appropriate agency, whether Federal, State, local or foreign,
charged with the responsibility of investigating or prosecuting such
violation or charged with enforcing or implementing the statute, or
rule, regulation, or order issued pursuant thereto.
    6. A record from this system of records may be disclosed, as a
routine use, to a Federal, State, or local agency maintaining civil,
criminal, or other relevant enforcement information or other pertinent
information, such as current licenses, if necessary to obtain
information relevant to a DOT decision concerning the hiring or
retention of an employee, the issuance of a security clearance, the
letting of a contract, or the issuance of a license, grant or other
benefit.
    7. A record from this system of records may be disclosed, as a
routine use, to a Federal agency, in response to its request, in
connection with the hiring or retention of an employee, the issuance of
a security clearance, the reporting of an investigation of an employee,
the letting of a contract, or the issuance of a license, grant, or
other benefit by the requesting agency, to the extent that the
information is relevant and necessary to the requesting agency's
decision on the matter.
    8a. Routine Use for Disclosure for Use in Litigation. It shall be a
routine use of the records in this system of records to disclose them
to the Department of Justice or other Federal agency conducting
litigation when (a) DOT, or any agency thereof, or (b) Any employee of
DOT or any agency thereof (including a member of the Coast Guard), in
his/her official capacity, or (c) Any employee of DOT or any agency
thereof (including a member of the Coast Guard), in his/her individual
capacity where the Department of Justice has agreed to represent the
employee, or (d) The United States or any agency thereof, where DOT
determines that litigation is likely to affect the United States, is a
party to litigation or has an interest in such litigation, and the use
of such records by the Department of Justice or other Federal agency
conducting the litigation is deemed by DOT to be relevant and necessary
in the litigation, provided, however, that in each case, DOT determines
that disclosure of the records in the litigation is a use of the
information contained in the records that is compatible with the
purpose for which the records were collected.
    8b. Routine Use for Agency Disclosure in Other Proceedings. It
shall be a routine use of records in this system to disclose them in
proceedings before any court or adjudicative or administrative body
before which DOT or any agency thereof, appears, when (a) DOT, or any
agency thereof, or (b) Any employee of DOT or any agency thereof in
his/her official capacity, or (c) Any employee of DOT or any agency
thereof in his/her individual capacity where DOT has agreed to
represent the employee, or (d) The United States or any agency thereof,
where DOT determines that the proceeding is likely to affect the United
States, is a party to the proceeding or has an interest in such
proceeding, and DOT determines that use of such records is relevant and
necessary in the proceeding, provided, however, that in

each case, DOT determines that disclosure of the records in the
proceeding is a use of the information contained in the records that is
compatible with the purpose for which the records were collected.
    9. The information contained in this system of records will be
disclosed to the Office of Management and Budget, OMB in connection
with the review of private relief legislation as set forth in OMB
Circular No. A-19 at any stage of the legislative coordination and
clearance process as set forth in that Circular.
    10. Disclosure may be made to a Congressional office from the
record of an individual in response to an inquiry from the
Congressional office made at the request of that individual. In such
cases, however, the Congressional office does not have greater rights
to records than the individual. Thus, the disclosure may be withheld
from delivery to the individual where the file contains investigative
or actual information or other materials which are being used, or are
expected to be used, to support prosecution or fines against the
individual for alleged violations of a statute, or of regulations of
the Department based on statutory authority. No such limitations apply
to records requested for Congressional oversight or legislative
purposes; release is authorized under 49 CFR 10.35(9).
    11. One or more records from a system of records may be disclosed
routinely to the National Archives and Records Administration in
records management inspections being conducted under the authority of
44 U.S.C. 2904 and 2906.
    12. Routine Use for disclosure to the Coast Guard and to
Transportation Security Administration. A record from this system of
records may be disclosed as a routine use to the Coast Guard and to the
Transportation Security Administration if information from this system
was shared with either agency when that agency was a component of the
Department of Transportation before its transfer to the Department of
Homeland Security and such disclosure is necessary to accomplish a DOT,
TSA or Coast Guard function related to this system of records.
    13. DOT may make available to another agency or instrumentality of
any government jurisdiction, including State and local governments,
listings of names from any system of records in DOT for use in law
enforcement activities, either civil or criminal, or to expose
fraudulent claims, regardless of the stated purpose for the collection
of the information in the system of records. These enforcement
activities are generally referred to as matching programs because two
lists of names are checked for match using automated assistance. This
routine use is advisory in nature and does not offer unrestricted
access to systems of records for such law enforcement and related
antifraud activities. Each request will be considered on the basis of
its purpose, merits, cost effectiveness and alternatives using
Instructions on reporting computer matching programs to the Office of
Management and Budget, OMB, Congress, and the public, published by the
Director, OMB, dated September 20, 1989.
    14. It shall be a routine use of the information in any DOT system
of records to provide to the Attorney General of the United States, or
his/her designee, information indicating that a person meets any of the
disqualifications for receipt, possession, shipment, or transport of a
firearm under the Brady Handgun Violence Prevention Act. In case of a
dispute concerning the validity of the information provided by DOT to
the Attorney General, or his/her designee, it shall be a routine use of
the information in any DOT system of records to make any disclosures of
such information to the National Background Information Check System,
established by the Brady Handgun Violence Prevention Act, as may be
necessary to resolve such dispute.
    15a. To appropriate agencies, entities, and persons when (1) DOT
suspects or has confirmed that there has been a breach of the system of
records; (2) DOT has determined that as a result of the suspected or
confirmed breach there is a risk of harm to individuals, DOT (including
its information systems, programs, and operations), the Federal
Government, or national security; and (3) the disclosure made to such
agencies, entities, and persons is reasonably necessary to assist in
connection with DOT's efforts to respond to the suspected or confirmed
breach or to prevent, minimize, or remedy such harm.
    15b. To another Federal agency or Federal entity, when DOT
determines that information from this system of records is reasonably
necessary to assist the recipient agency or entity in (1) responding to
a suspected or confirmed breach or (2) preventing, minimizing, or
remedying the risk of harm to individuals, the recipient agency or
entity (including its information systems, programs, and operations),
the Federal Government, or national security, resulting from a
suspected or confirmed breach.
    15. DOT may disclose records from this system, as a routine use, to
the Office of Government Information Services for the purpose of (a)
resolving disputes between FOIA requesters and Federal agencies and (b)
reviewing agencies' policies, procedures, and compliance in order to
recommend policy changes to Congress and the President.
    16. DOT may disclose records from this system, as a routine use, to
contractors and their agents, experts, consultants, and others
performing or working on a contract, service, cooperative agreement, or
other assignment for DOT, when necessary to accomplish an agency
function related to this system of records.
    17. DOT may disclose records from this system, as a routine use, to
an agency, organization, or individual for the purpose of performing
audit or oversight operations related to this system of records, but
only such records as are necessary and relevant to the audit or
oversight activity. This routine use does not apply to intra-agency
sharing authorized under Section (b)(1) of the Privacy Act.
    18. DOT may disclose from this system, as a routine use, records
consisting of, or relating to, terrorism information (6 U.S.C.
485(a)(5)), homeland security information (6 U.S.C. 482(f)(1)), or Law
enforcement information (Guideline 2 Report attached to White House
Memorandum, ``Information Sharing Environment, November 22, 2006) to a
Federal, State, local, tribal, territorial, foreign government and/or
multinational agency, either in response to its request or upon the
initiative of the Component, for purposes of sharing such information
as is necessary and relevant for the agencies to detect, prevent,
disrupt, preempt, and mitigate the effects of terrorist activities
against the territory, people, and interests of the United States of
America, as contemplated by the Intelligence Reform and Terrorism
Prevention Act of 2004 (Pub. L. 108-458) and Executive Order 13388
(October 25, 2005).

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Individual records relevant to both waivers and airspace
authorizations are maintained in electronic database systems.

 POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records of applications for waivers and authorizations in the
electronic database systems may be retrieved by UAS registration
number, unique

generated number (including, but not limited to, application number and
COA number), the manufacturer's name and model, the name of the current
registered owner and/or organization, the name of the applicant and/or
organization that submitted the request for waiver or authorization,
the special provisions (if any) to which the FAA and the applicant
agreed for purposes of the waiver or authorization, and the location
and altitude, class of airspace and area of operations that is the
subject of the request.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    The FAA will retain LAANC waivers and airspace authorization
records in this system of records in accordance with DAA-0237-2019-0011
(which covers anyone who wishes to fly a sUAS under the provisions of
Sec.  44809 or part 107). The FAA will destroy the records three years
after authorization is revoked or canceled. Records Schedule 0237-2023-
0004 for records maintained in CAPS and CADZ is currently pending NARA
approval. The FAA is proposing to retain these records for three years
after authorization is revoked or canceled. FAA will maintain the
records indefinitely until NARA has approved the applicable schedule.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Records in this system for waivers and airspace authorizations are
safeguarded in accordance with applicable rules and policies, including
all applicable DOT automated systems security and access policies.
Strict controls have been imposed to minimize the risk of compromising
the information that is being stored. Access to the computer system
containing the records in this system is limited to individuals who
have a need to know the information for the performance of their
official duties and who have appropriate clearances or permissions.

RECORD ACCESS PROCEDURES:
    Individuals seeking notification of whether this system of records
contains information about them may contact the System Manager at the
address provided in the section ``System manager.'' When seeking
records about yourself from this system of records or any other
Departmental system of records your request must conform with the
Privacy Act regulations set forth in 49 CFR part 10. You must sign your
request, and your signature must either be notarized or submitted under
28 U.S.C. 1746, a law that permits statements to be made under penalty
of perjury as a substitute for notarization. If your request is seeking
records pertaining to another living individual, you must include a
statement from that individual certifying his/her agreement for you to
access his/her records.

CONTESTING RECORDS PROCEDURE:
    See ``Record Access Procedures'' above.

NOTIFICATION PROCEDURE:
    See ``Records Access Procedures'' above.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    A full notice of this system of records, DOT/FAA854 Requests for
Waivers and Authorizations was published in the Federal Register on
August 2, 2016 (81 FR 5078) and July 8, 2019 (84 FR 52512).

    Issued in Washington, DC.
Karyn Gorman,
Departmental Chief Privacy Officer.
[FR Doc. 2023-18289 Filed 8-28-23; 8:45 am]
BILLING CODE 4910-9X-P


[Federal Register Volume 86, Number 36 (Thursday, February 25, 2021)]
[Proposed Rules]
[Pages 11476-11477]
[FR Doc No: 2021-03655]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2005-21679; Directorate Identifier 2004-SW-33-AD]
RIN 2120-AA64

Airworthiness Directives; Robinson Helicopter Company Model R22
Series Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Proposed rule; withdrawal.

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SUMMARY: The FAA is withdrawing a notice of proposed rulemaking (NPRM)
that proposed to adopt a new airworthiness directive (AD) that would
have applied to Robinson Helicopter Company (RHC) Model R22 series
helicopters. The NPRM was prompted by an in-flight break up of a
helicopter on which both teeter stop brackets (brackets) failed. The
NPRM would have required replacing each main rotor blade (blade) droop
and teeter stop (stop) and bracket and associated hardware with
redesigned and improved airworthy parts. Since issuance of the NPRM,
the FAA has determined that failure of the brackets was caused by
turbulence and other factors that are addressed in AD 95-26-04.
Accordingly, the NPRM is withdrawn.

DATES: The FAA is withdrawing the proposed rule published June 28, 2005
(70 FR 37059), as of February 25, 2021.

ADDRESSES:

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-2005-
21679; 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 AD action, any comments received, and other information. The
street address for Docket Operations is U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: James Guo, Aviation Safety Engineer,
Los Angeles ACO Branch, FAA, 3960 Paramount Blvd., Lakewood, California
90712; telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    The FAA has issued an NPRM that proposed to amend 14 CFR part 39 by
adding an AD that would apply to the specified products. The NPRM was
published in the Federal Register on June 28, 2005 (70 FR 37059). The
NPRM was prompted by an accident that involved an in-flight breakup of
a helicopter that had old part-numbered stops and brackets installed.
While the probable cause of the in-flight breakup had not been
determined, the FAA believed failure of the stops or brackets may have
been a contributing factor. Accordingly, the NPRM proposed to require
replacing the stops and brackets with redesigned, airworthy parts. The
proposed actions were intended to prevent failure of the stops and
brackets, blade contact with the airframe, and subsequent loss of
control of the helicopter.

Actions Since the NPRM Was Issued

    Since issuance of the NPRM, the FAA has determined that the unsafe
condition was caused by different factors than those stated in the
NPRM. Previously, RHC had introduced service information to replace the
stops and brackets that were the subject of the NPRM with redesigned
parts. The redesign introduced a material change from aluminum to
stainless steel. However, the redesigned parts were mistakenly
evaluated as a change that would address the unsafe condition. It has
since been determined that the strength increase in the redesign is
insignificant and would not have improved the outcome of the accident.
It has also been determined that the accident was caused by mast
bumping, which is addressed in AD 95-26-04 (60 FR 66487, December 22,
1995) (AD 95-26-04). Therefore, the FAA has determined that AD action
is not required and the NPRM is withdrawn.
    Withdrawal of the NPRM constitutes only such action and does not
preclude the FAA from further rulemaking on this issue, nor does it
commit the FAA to any course of action in the future.

Comments

    The FAA gave the public the opportunity to comment on the NPRM. The
following presents the comments received on the NPRM and the FAA's
response to each comment.

Requests

    One commenter stated that the stops and droops could not have
contributed to the accident as contact with those items occurs only
when operating a Model R22 helicopter outside of its certificated
flight envelope, accordingly making it an operational issue. The
commenter requested the FAA table the proposed AD until the accident
investigation is complete.
    The FAA acknowledges the commenter's request. The FAA further
determined that the unsafe condition was caused by mast bumping, which
is addressed in AD 95-26-04. Because the FAA is withdrawing the NPRM
and has issued AD 95-26-04, the commenter's request is no longer
necessary.
    A second commenter requested that the proposed action be modified
by inclusion of the following or similar statement: ``The requirement
to install certain part-numbered specific parts shall be interpreted
broadly to include any replacements parts approved under FAR 21.303 for
the original equipment parts cited in this action. Nothing in this
action prevents or precludes the installation of such alternatively
approved parts.''
    The FAA acknowledges the commenter's request. However, because the
FAA is withdrawing the NPRM, the commenter's request is no longer
necessary.

FAA's Conclusions

    Upon further consideration of the available information, the FAA
has determined that the NPRM is unnecessary. Accordingly, the NPRM is
withdrawn.

Regulatory Findings

    Since this action only withdraws an NPRM, it is neither a proposed
nor a final rule. This action therefore is not covered under Executive
Order 12866, the Regulatory Flexibility Act, or DOT

Regulatory Policies and Procedures (44 FR 11034, February 26, 1979).

List of Subjects in 14 CFR Part 39

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

The Withdrawal

0
Accordingly, the notice of proposed rulemaking, Docket No. FAA-2005-
21679, Directorate Identifier 2004-SW-33-AD, which was published in the
Federal Register on June 28, 2005 (70 FR 37059), is withdrawn.

    Issued on February 4, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021-03655 Filed 2-24-21; 8:45 am]
BILLING CODE 4910-13-P