[Federal Register Volume 85, Number 171 (Wednesday, September 2, 2020)]
[Proposed Rules]
[Pages 54515-54517]
[FR Doc No: 2020-19264]

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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 85, No. 171 / Wednesday, September 2, 2020 /
Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-0753; Product Identifier 2019-CE-033-AD]
RIN 2120-AA64

Airworthiness Directives; Pilatus Aircraft Ltd. Airplanes

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for Pilatus Aircraft Ltd. Model PC-24 airplanes. This proposed AD
results from mandatory continuing airworthiness information (MCAI)
originated by an aviation authority of another country to identify and
correct an unsafe condition on an aviation product. The MCAI describes
the unsafe condition as overheating of the electrical wiring splices
close to the right-hand pitot-static connector on frame 10. The FAA is
proposing this AD to require actions to address the unsafe condition on
these products.

DATES: The FAA must receive comments on this proposed AD by October 19,
2020.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Pilatus Aircraft Ltd., Customer Technical Support (MCC), P.O. Box 992,
CH-6371 Stans, Switzerland; telephone: +41 (0)41 619 67 74; fax: +41
exception occurred on : 2020-19264.htm
exception occurred on : 2020-19264.htm
(0)41 619 67 73; email: aircraft.com">[email protected]aircraft.com; internet:
https://www.pilatus-aircraft.com/en. You may review this referenced
service information at the FAA, Airworthiness Products Section,
Operational Safety Branch, 901 Locust, Kansas City, Missouri 64106. For
information on the availability of this material at the FAA, call (816)
329-4148. It is also available on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0753.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
0753; 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 proposed AD, the regulatory evaluation, any comments received, and
other information. The street address for Docket Operations is listed
above. Comments will be available in the AD docket shortly after
receipt.

FOR FURTHER INFORMATION CONTACT: Doug Rudolph, Aerospace Engineer, FAA,
General Aviation & Rotorcraft Section, International Validation Branch,
901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816)
329-4059; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2020-0753;
Product Identifier 2019-CE-033-AD'' at the beginning of your comments.
The FAA will consider all comments received by the closing date and may
amend this proposed AD because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The FAA will also post a report summarizing each substantive
verbal contact it receives about this proposed AD.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to Doug
Rudolph, Aerospace Engineer, FAA, General Aviation & Rotorcraft
Section, International Validation Branch, 901 Locust, Room 301, Kansas
City, Missouri 64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>Any commentary that the FAA receives which
is not specifically designated as CBI will be placed in the public
docket for this rulemaking.

Discussion

    The European Union Aviation Safety Agency (EASA), which is the
Technical Agent for the Member States of the European Community, has
issued AD No. 2019-0166, dated July 15, 2019 (referred to after this as
``the MCAI''), to correct an unsafe condition for Pilatus Aircraft Ltd.
Model PC-24 airplanes. The MCAI states:

    During maintenance it was found that affected parts located
close to the right-hand pitot/static connector on frame 10 showed
signs of overheating.
    This condition, if not corrected, could lead to an uncontrolled
fire in the cockpit area, or

loss of probe heating and de-icing function, possibly resulting in
reduced control of the aeroplane.
    To address this potential unsafe condition, Pilatus issued the
[service bulletin] SB to provide modification instructions.
    For the reason described above, this [EASA] AD requires
replacement of affected parts with serviceable parts, and prohibits
(re)installation of affected parts.

    The MCAI identifies the ``affected part'' as electrical wiring
splice part number (P/N) 9<IP_ADDRESS>1 and a ``serviceable part'' as
electrical wiring splice P/N 9<IP_ADDRESS>1. EASA identified the root
cause of the overheating as internal corrosion of the affected splices,
which are not immersion-resistant, due to moisture ingress. The
serviceable splices are immersion-resistant. You may examine the MCAI
on the internet at https://www.regulations.gov by searching for and
locating Docket No. FAA-2020-0753.

Related Service Information Under 1 CFR Part 51

    Pilatus Aircraft Ltd. has issued Pilatus PC-24 Service Bulletin No.
30-002, dated April 3, 2019. The service information contains
procedures for replacing certain electrical splices and wire for the
pitot and static probes. This service information is reasonably
available because the interested parties have access to it through
their normal course of business or by the means identified in the
ADDRESSES section.

FAA's Determination and Requirements of the Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with this State of Design Authority, it has
notified the FAA of the unsafe condition described in the MCAI and
service information referenced above. The FAA is proposing this AD
because it evaluated all information and determined the unsafe
condition exists and is likely to exist or develop on other products of
the same type design.

Costs of Compliance

    The FAA estimates that this proposed AD will affect 16 products of
U.S. registry. The FAA also estimates that it would take 6 work-hours
per product to comply with the basic requirements of this proposed AD.
The average labor rate is $85 per work-hour. Required parts would cost
about $65 per product.
    Based on these figures, the FAA estimates the cost of the proposed
AD on U.S. operators to be $9,200, or $575 per product.
    According to the manufacturer, all of the costs of this proposed AD
may be covered under warranty, thereby reducing the cost impact on
affected individuals. The FAA does not control warranty coverage for
affected individuals. As a result, the FAA has included all costs in
this cost estimate.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13   [Amended]

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

Pilatus Aircraft Ltd.: Docket No. FAA-2020-0753; Product Identifier
2019-CE-033-AD.

(a) Comments Due Date

    The FAA must receive comments by October 19, 2020.

(b) Affected ADs

    None.

(c) Applicability

    This airworthiness directive (AD) applies to Pilatus Aircraft
Ltd. Model PC-24 airplanes, serial numbers 101 through 125
inclusive, certificated in any category.

(d) Subject

    Air Transport Association of America (ATA) Code 30: Ice and Rain
Protection.

(e) Reason

    This AD was prompted by mandatory continuing airworthiness
information (MCAI) originated by an aviation authority of another
country to identify and correct an unsafe condition on an aviation
product. The MCAI describes the unsafe condition as overheating of
the electrical wiring splices close to the right-hand pitot-static
connector on frame 10. The FAA is issuing this AD to prevent
overheating of the pitot and static probe electrical splices, which
could lead to loss of probe heating and de-icing function or an
inflight fire.

(f) Actions and Compliance

    Unless already done, do the following actions in paragraphs
(f)(1) and (2):
    (1) Within 3 months after the effective date of this AD, for the
pitot and static probes de-ice wiring, replace wire H279A10 with
wire H279A12, and replace each electrical wiring splice part number
(P/N) 9<IP_ADDRESS>1 with electrical wiring splice P/N 9<IP_ADDRESS>1
by following the Accomplishment Instructions--Aircraft, section
3.B., of Pilatus Aircraft Ltd. PC-24 Service Bulletin No. 30-002,
dated April 3, 2019.
    (2) After completing the requirements of paragraph (f)(1) of
this AD, do not install a pitot and static probes de-ice wire
H279A10 or electrical wiring splice P/N 9<IP_ADDRESS>1 on any
airplane.

(g) Alternative Methods of Compliance (AMOCs)

    The Manager, International Validation Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. Send information to Doug Rudolph,
Aerospace Engineer, FAA, General Aviation & Rotorcraft Section,
International Validation Branch, 901

Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329-
4059; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>Before using
any approved AMOC on any airplane to which the AMOC applies, notify
your appropriate principal inspector (PI) in the FAA Flight
Standards District Office (FSDO), or lacking a PI, your local FSDO.

(h) Related Information

    Refer to MCAI European Union Aviation Safety Agency (EASA) AD
No. 2019-0166, dated July 15, 2019. You may examine the MCAI on the
internet at https://www.regulations.gov by searching for and
locating Docket No. FAA-2020-0753. For service information related
to this AD, contact Pilatus Aircraft Ltd., Customer Technical
Support (MCC), P.O. Box 992, CH-6371 Stans, Switzerland; telephone:
+41 (0)41 619 67 74; fax: +41 (0)41 619 67 73; email:
exception occurred on : 2020-19264.htm
exception occurred on : 2020-19264.htm
aircraft.com">[email protected]aircraft.com; internet: https://www.pilatus-aircraft.com/en. You may review this referenced service information
at the FAA, Airworthiness Products Section, Operational Safety
Branch, 901 Locust, Kansas City, Missouri 64106. For information on
the availability of this material at the FAA, call<PHONE_NUMBER>.

    Issued on August 26, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2020-19264 Filed 9-1-20; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 143 (Wednesday, July 25, 2018)]
[Rules and Regulations]
[Pages 35119-35122]
[FR Doc No: 2018-15912]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 23

[Docket No. FAA-2018-0678; Special Conditions No. 23-290-SC]

Special Conditions: TCW Technologies, LLC; Piper Aircraft PA-32
Series Airplanes; Installation of Rechargeable Lithium Batteries

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions; request for comments.

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SUMMARY: These special conditions are issued for the Piper Aircraft
Model PA-32-series airplanes. These airplanes, as modified by TCW
Technologies, LLC, will have a novel or unusual design feature
associated with the installation of a rechargeable lithium battery. The
applicable airworthiness regulations do not contain adequate or
appropriate safety standards for this design feature.

These special conditions contain the additional safety standards the
Administrator considers necessary to establish a level of safety
equivalent to that established by the existing airworthiness standards.

DATES: The effective date of these special conditions is July 25, 2018.
    We must receive your comments by September 10, 2018.

ADDRESSES: Send comments identified by docket number FAA-2018-0678
using any of the following methods:
     Federal eRegulations Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.
     Mail: Send comments to Docket Operations, M-30, U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE, Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery of Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: The FAA will post all comments it receives, without
change, to http://regulations.gov, including any personal information
the commenter provides. Using the search function of the docket
website, anyone can find and read the electronic form of all comments
received into any FAA docket, including the name of the individual
sending the comment (or signing the comment for an association,
business, labor union, etc.). DOT's complete Privacy Act Statement can
be found in the Federal Register published on April 11, 2000 (65 FR
19477-19478), as well as at http://DocketsInfo.dot.gov.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or go to the Docket Operations in Room W12-140
of the West Building Ground Floor at 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Ruth Hirt, Federal Aviation
Administration, Aircraft Certification Service, Small Airplane
Directorate, AIR-694, 901 Locust, Room 301, Kansas City, MO; telephone
(816) 329-4108; facsimile<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
    The FAA has determined that notice and opportunity for prior public
comment are unnecessary because the substance of these special
conditions has been subjected to the public comment process in several
prior instances with no substantive comments received. It is unlikely
that prior public comment would result in a significant change from the
substance contained herein. The FAA therefore finds that good cause
exists for making these special conditions effective upon issuance. The
FAA is requesting comments to allow interested persons to submit views
that may not have been submitted in response to the prior opportunities
for comment.

------------------------------------------------------------------------
          Special conditions No.               Company/airplane model
------------------------------------------------------------------------
23-15-01-SC \1\...........................  Kestrel Aircraft Company/
                                             Model K-350.
23-09-02-SC \2\...........................  Cessna Aircraft Company/
                                             Model 525C (CJ4).
23-08-05-SC \3\...........................  Spectrum Aeronautical, LLC/
                                             Model 40.
------------------------------------------------------------------------

Comments Invited

    We invite interested people to take part in this rulemaking by
sending written comments, data, or views. The most helpful comments
reference a specific portion of the special conditions, explain the
reason for any recommended change, and include supporting data. We ask
that you send us two copies of written comments.
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    \1\ http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgSC.nsf/0/39B156C006EB842E86257EF3004BB13C?OpenDocument&Highlight=installation%20of%20rechargeable%20lithium%20battery.
    \2\ http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgSC.nsf/0/902232309C19F0D4862575CB0045AC0D?OpenDocument&Highlight=installation%20of%20rechargeable%20lithium%20battery.
    \3\ http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgSC.nsf/0/28E630294DCC27B986257513005968A3?OpenDocument&Highlight=installation%20of%20rechargeable%20lithium%20battery.
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    We will consider all comments we receive on or before the closing
date for comments. We will consider comments filed late if it is
possible to do so without incurring expense or delay. We may change
these special conditions based on the comments we receive.

Background

    On May 5, 2017, TCW Technologies, LLC (TCW) applied for a
supplemental type certificate (STC) to install a rechargeable lithium
battery on Piper Aircraft Model PA-32-series airplanes. These airplanes
are normal category airplanes with a maximum of 7 seats (including
flightcrew), powered by a Lycoming O-540-series engine with 3,400 to
3,600 pounds maximum takeoff weight, depending on the specific model.
    The current regulatory requirements for part 23 airplanes do not
contain adequate requirements for use of rechargeable lithium batteries
in airborne applications. This type of battery possesses certain
failure and operational characteristics with maintenance requirements
that differ significantly from that of the nickel-cadmium (Ni-Cd) and
lead-acid rechargeable batteries currently approved in other normal,
utility, acrobatic, and commuter category airplanes. Therefore, the FAA
is issuing this special condition to address--
     All characteristics of the rechargeable lithium batteries
and their installation that could affect safe operation of the modified
PA-32-series airplanes; and
     Appropriate Instructions for Continued Airworthiness (ICA)
that include maintenance requirements to ensure the availability of
electrical power from the batteries when needed.

Type Certification Basis

    Under the provisions of Sec.  21.101, TCW must show that the PA-32
series-airplanes, as changed, continue to meet the applicable
provisions of the regulations incorporated by reference in Type
Certificate Data Sheet (TCDS) No. A3SO \4\ or the applicable
regulations in effect on the date of application for the change. The
regulations incorporated by reference in the type certificate are
commonly referred to as the ``original type certification basis.'' The
regulations incorporated by reference are located in TCDS A3SO, pages
24 through 28.
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    \4\ http://rgl.faa.gov/Regulatory_and_Guidance_Library/
rgMakeModel.nsf/0/44c795c1c122b21286257d74004d1952/$FILE/
A3SO_Rev_33.pdf.pdf
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    If the Administrator finds that the applicable airworthiness
regulations (i.e., 14 CFR part 23) do not contain adequate or
appropriate safety standards for the PA-32-series airplanes because of
a novel or unusual design feature, special conditions are prescribed
under the provisions of Sec.  21.16.
    The FAA issues special conditions, as defined in Sec.  11.19, under
Sec.  11.38 and they become part of the type certification basis under
Sec.  21.101.
    Special conditions are initially applicable to the models for which
they are issued. Should the applicant apply for an STC to modify any
other model(s) included on the same type certificate to incorporate the
same novel or unusual design feature, the FAA would apply these special
conditions to the other model(s) under Sec.  21.101.

Novel or Unusual Design Features

    The Piper PA-32-series airplanes will incorporate the following
novel or unusual design features:
    The installation of a rechargeable lithium battery as backup power
for avionics systems.

Discussion

    The applicable regulations governing the installation of batteries
in general aviation airplanes were derived from Civil Air Regulations
(CAR) 3 as part of the recodification that established 14 CFR part 23.
The battery requirements identified in Sec.  23.1353 were a rewording
of the CAR requirements. Additional rulemaking activities--resulting
from increased incidents of Ni-Cd battery fire or failures--
incorporated Sec.  23.1353(f) and (g), amendments 23-20 and 23-21,
respectively. The FAA did not envision the introduction of lithium
battery installations at the time these regulations were published.
    The proposed use of rechargeable lithium batteries prompted the FAA
to review the adequacy of these existing regulations. We determined the
existing regulations do not adequately address the safety of lithium
battery installations.
    Current experience with rechargeable lithium batteries in
commercial or general aviation is limited. However, other users of this
technology--ranging from personal computers, to wireless telephone
manufacturers, to the electric vehicle industry--have noted safety
problems with rechargeable lithium batteries. These problems, as
described in the following paragraphs, include overcharging, over-
discharging, flammability of cell components, cell internal defects,
and hazards resulting from exposure to extreme temperatures.
    1. Overcharging: In general, rechargeable lithium batteries are
significantly more susceptible than their Ni-Cd or lead-acid
counterparts to thermal runway, which is an internal failure that can
result in self-sustaining increases in temperature and pressure. This
is especially true for overcharging, which causes heating and
destabilization of the components of the cell, leading to the formation
(by plating) of highly unstable metallic lithium. The metallic lithium
can ignite, resulting in a self-sustaining fire or explosion. Finally,
the severity of thermal runaway due to overcharging increases with
increasing battery capacity due to the higher amount of electrolyte in
large batteries.
    2. Over-discharging: Discharge of some types of rechargeable
lithium battery cells beyond the manufacturer's recommended
specification can cause corrosion of the electrodes of the cell,
resulting in loss of battery capacity that cannot be reversed by
recharging. This loss of capacity may not be detected by the simple
voltage measurements commonly available to flight crews as a means of
checking battery status--a problem shared with Ni-Cd batteries. In
addition, over-discharging has the potential to lead to an unsafe
condition (creation of dendrites that could result in internal short
circuit during the recharging cycle).
    3. Flammability of Cell Components: Unlike Ni-Cd and lead-acid
batteries, some types of rechargeable lithium batteries use liquid
electrolytes that are flammable. The electrolyte can serve as a source
of fuel for an external fire, if there is a breach of the battery
container.
    4. Cell Internal Defects: The rechargeable lithium batteries and
rechargeable battery systems have a history of undetected cell internal
defects. These defects may or may not be detected during normal
operational evaluation, test, and validation. This may lead to an
unsafe condition during in-service operation.
    5. Extreme Temperatures: Exposure to an extreme temperature
environment has the potential to create major hazards. Care must be
taken to ensure that the lithium battery remains within the
manufacturer's recommended specification.

Applicability

    As discussed above, these special conditions are applicable to the
PA-32-series airplanes. Should TCW apply at a later date for a
supplemental type certificate to modify any other model added to Type
Certificate No. A3SO with the same novel or unusual design feature, the
FAA would apply these special conditions to that model as well.

Conclusion

    This action affects only certain novel or unusual design features
on the PA-32-series airplanes. It is not a rule of general
applicability and affects only the applicant who applied to the FAA for
approval of these features on the airplane.
    The substance of these special conditions has been subjected to the
notice and comment period in several prior instances and has been
derived without substantive change from those previously issued. It is
unlikely that prior public comment would result in a significant change
from the subject contained herein. Therefore, notice and opportunity
for prior public comment hereon are unnecessary and the FAA finds good
cause, in accordance with 5 U.S.C. 553(b)(3)(B) and 553(d)(3), for
making these special conditions effective upon issuance. The FAA is
requesting comments to allow interested persons to submit views that
may not have been submitted in response to the prior opportunities for
comment described above.

List of Subjects in 14 CFR Part 23

    Aircraft, Aviation safety, Signs and symbols.

Citation

    The authority citation for these special conditions is as follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40113, 44701-44702, 44704;
Pub. L. 113-53, 127 Stat 584 (49 U.S.C. 44704) note; 14 CFR 21.16
and 21.101; and 14 CFR 11.38 and 11.19.

The Special Conditions

    Accordingly, pursuant to the authority delegated to me by the
Administrator, the following special conditions are issued as part of
the type certification basis for Piper Aircraft PA-32-series airplanes
modified by TCW Technologies, LLC.

1. Installation of Lithium Battery

    The FAA adopts the following special conditions for lithium battery
installations on Piper Aircraft PA-32-series airplanes in lieu of the
requirements in Sec.  23.1353(a), (b), (c), (d), and (e), amendment 23-
62.
    Lithium battery installations on PA-32-series airplanes must be
designed and installed as follows:
    (1) Safe cell temperatures and pressures must be maintained
during--
    i. Normal operations;
    ii. Any probable failure conditions of charging or discharging or
battery monitoring system; and
    iii. Any failure of the charging or battery monitoring system shown
to not be extremely remote.
    (2) The rechargeable lithium battery installation must be designed
to preclude explosion or fire in the event of a failure under
(1)(1)(ii) and (1)(1)(iii) above.
    (3) Design of the rechargeable lithium batteries must preclude the
occurrence of self-sustaining, uncontrolled increases in temperature or
pressure.
    (4) No explosive or toxic gasses emitted by any rechargeable
lithium battery in normal operation or as the result of any failure of
the battery charging system, monitoring system, or battery
installation, which is shown to not be extremely remote, may accumulate
in hazardous quantities within the airplane.
    (5) Installations of rechargeable lithium batteries must meet the

requirements of Sec.  23.863(a) through (d), amendment 23-34.
    (6) No corrosive fluids or gases that may escape from any
rechargeable lithium battery, may damage surrounding structure or any
adjacent systems, equipment, electrical wiring, or the airplane in such
a way as to cause a major or more severe failure condition, in
accordance with Sec.  23.1309, amendment 23-62, and applicable
regulatory guidance.
    (7) Each rechargeable lithium battery installation must have
provisions to prevent any hazardous effect on structure or essential
systems that may be caused by the maximum amount of heat the battery
can generate during a short circuit of the battery or of its individual
cells.
    (8) Rechargeable lithium battery installations must have a system
to automatically control the charging rate of the battery to prevent
battery overheating and overcharging, and either:
    i. A battery temperature sensing and over-temperature warning
system with a means for automatically disconnecting the battery from
its charging source in the event of an over-temperature condition; or
    ii. A battery failure sensing and warning system with a means for
automatically disconnecting the battery from its charging source in the
event of battery failure.
    (9) Any rechargeable lithium battery installation, the function of
which is required for safe operation of the aircraft, must incorporate
a monitoring and warning feature that will provide an indication to the
appropriate flight crewmembers whenever the state of charge of the
batteries has fallen below levels considered acceptable for dispatch of
the aircraft.

    Note 1 to paragraph (9): Reference Sec.  23.1353(h) for dispatch
consideration.

    (10) The Instructions for Continued Airworthiness (ICA) required by
Sec.  23.1529 must contain maintenance requirements to assure that the
battery has been sufficiently charged at appropriate intervals
specified by the battery manufacturer and the equipment manufacturer
that contain the rechargeable lithium battery or rechargeable lithium
battery system. The lithium rechargeable batteries and lithium
rechargeable battery systems must not degrade below specified ampere-
hour levels sufficient to power the aircraft system. The ICA must also
contain procedures for the maintenance of replacement batteries to
prevent the installation of batteries that have degraded charge
retention ability or other damage due to prolonged storage at a low
state of charge. Replacement batteries must be of the same manufacturer
and part number as approved by the FAA.

    Note 2 to paragraph (10): Maintenance requirements include
procedures that check battery capacity, charge degradation at
manufacturers recommended inspection intervals, and replace
batteries at manufacturer's recommended replacement schedule/time to
prevent age-related degradation.

    Note 3 to paragraph (10): The term ``sufficiently charged''
means that the battery must retain enough charge, expressed in
ampere-hours, to ensure that the battery cells will not be damaged.
A battery cell may be damaged by low charge (i.e., below certain
level), resulting in a reduction in the ability to charge and retain
a full charge. This reduction would be greater than the reduction
that may result from normal operational degradation.

    Note 4 to paragraph (10): Replacement battery in spares storage
may be subject to prolonged storage at a low state of charge.

    Issued in Kansas City, Missouri on July 19, 2018.
Pat Mullen,
Manager, Small Airplane Standards Branch, Aircraft Certification
Service.
[FR Doc. 2018-15912 Filed 7-24-18; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: March 11, 2008 (Volume 73, Number 48)]
[Notices]
[Page 12982-12983]
[DOCID:fr11mr08-59]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RM98-1-000]

Records Governing Off-the-Record Communications; Public Notice

March 4, 2008.
    This constitutes notice, in accordance with 18 CFR 385.2201(b), of
the receipt of prohibited and exempt off-the-record communications.
    Order No. 607 (64 FR 51222, September 22, 1999) requires Commission
decisional employees, who make or receive a prohibited or exempt off-
the-record communication relevant to the merits of a contested
proceeding, to deliver to the Secretary of the Commission, a copy of
the communication, if written, or a summary of the substance of any
oral communication.
    Prohibited communications are included in a public, non-decisional
file associated with, but not a part of, the decisional record of the
proceeding. Unless the Commission determines that the prohibited
communication and any responses thereto should become a part of the
decisional record, the prohibited off-the-record communication will not
be considered by the Commission in reaching its decision. Parties to a
proceeding may seek the opportunity to respond to any facts or
contentions made in a prohibited off-the-record communication, and may
request that the Commission place the prohibited communication and
responses thereto in the decisional record. The Commission will grant
such a request only when it determines that fairness so requires. Any
person identified below as having made a prohibited off-the-record
communication shall serve the document on all parties listed on the
official service list for the applicable proceeding in accordance with
Rule 2010, 18 CFR 385.2010.
    Exempt off-the-record communications are included in the decisional
record of the proceeding, unless the communication was with a
cooperating agency as described by 40 CFR 1501.6, made under 18 CFR
385.2201(e)(1)(v).
    The following is a list of off-the-record communications recently
received by the Secretary of the Commission. The communications listed
are grouped by docket numbers in ascending order. These filings are
available for review at the Commission in the Public Reference Room or
may be viewed on the Commission's Web site at http://www.ferc.gov using
the eLibrary link. Enter the docket number, excluding the last three
digits, in the docket number field to access the document. For
assistance, please contact FERC, Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>.
Exempt

------------------------------------------------------------------------
                                         Date
           Docket number               received   Presenter or requester
------------------------------------------------------------------------
1. ER08-538-000....................       2-8-08  Hon. Olympia J. Snowe.
                                                  Hon. Susan M. Collins.
2. Project No. 2677-019............      2-12-08  Brian Tungate.
3. Project No. 2677-019............      2-20-08  Arie DeWaal.
------------------------------------------------------------------------

 Kimberly D. Bose,
Secretary.
 [FR Doc. E8-4735 Filed 3-10-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 136 (Tuesday, July 16, 2013)]
[Notices]
[Pages 42577-42579]
[FR Doc No: 2013-17013]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-69965; File No. SR-BOX-2013-36]

Self-Regulatory Organizations; BOX Options Exchange LLC; Notice
of Filing and Immediate Effectiveness of a Proposed Rule Change to
Amend BOX Rule 3120 (Position Limits) and BOX Rule 3130 (Exemptions
from Position Limits)

July 11, 2013.
    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 3, 2013, BOX Options Exchange LLC (``BOX'' or ``Exchange'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I and II below, which Items
have been prepared by the Exchange. The Commission is publishing this
notice to solicit comments on the proposed rule change from interested
persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to amend BOX Rule 3120 (Position Limits) and
BOX Rule 3130 (Exemptions from Position Limits). The text of the
proposed rule change is available from the principal office of the
Exchange, at the Commission's Public Reference Room and also on the
Exchange's Internet Web site at http://boxexchange.com.

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 self-regulatory organization
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 self-regulatory organization
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
    On May 10, 2013 the Exchange began listing and trading options
contracts overlying 1,000 SPDR[supreg] S&P 500[supreg] exchange-traded
fund shares (``SPY''),\3\ or (``Jumbo SPY Options'').\4\ Whereas
standard options contracts represent a deliverable of 100 shares of an
underlying security, this product represents 1,000 SPY shares. Except
for the difference in the number of deliverable shares, Jumbo SPY
Options have the same terms and contract characteristics as regular-
sized options contracts (``standard options''), including exercise
style. Accordingly, the Commission noted in the approval order that the
Exchange's rules which apply to the trading of standard options would
also apply to Jumbo SPY Options as well.\5\ The Exchange proposes to
amend the BOX Rules to clarify that position limits and the equity
hedge exemption will apply to Jumbo SPY Options.
---------------------------------------------------------------------------

    \3\ ``SPDR[supreg],'' ``Standard & Poor's[supreg],''
``S&P[supreg],'' ``S&P 500[supreg],'' and ``Standard & Poor's 500''
are registered trademarks of Standard & Poor's Financial Services
LLC. The SPY ETF represents ownership in the SPDR S&P 500 Trust, a
unit investment trust that generally corresponds to the price and
yield performance of the SPDR S&P 500 Index.
    \4\ See Securities Exchange Act Release No. 34-69511 (May 3,
2013), 78 FR 27271 (May 9, 2013) (Order Approving SR-BOX-2013-06).
    \5\ Id.
---------------------------------------------------------------------------

Position Limits
    Pursuant to proposed Interpretive Material to Rule 3120 (IM-3120-
4), positions in Jumbo SPY Options, as detailed in Rule 5050(e), shall
be aggregated with positions in Mini SPY options and standard SPY
options, with each Jumbo SPY Option counting as ten standard SPY option
contracts or 100 Mini SPY option contracts. While there are no position
limit requirements for Jumbo SPY, Mini SPY or standard SPY options,\6\
the Exchange believes this aggregation is appropriate due to the
position limit reporting rules that continue to apply to all
Participants.\7\
---------------------------------------------------------------------------

    \6\ Position limits have been eliminated for options overlying
SPY on a pilot basis. See Securities Exchange Act Release No. 34-
67936 (September 27, 2012), 77 FR 60491 (October 3, 2012) (SR-BOX-
2012-013).
    \7\ See BOX Rule 3150(b).
---------------------------------------------------------------------------

    Further, hedge exemptions will apply pursuant to Rule 3130(b),
which the Exchange proposes to revise to provide that 1000 (as opposed
to 100) shares of the underlying security is the appropriate hedge for
Jumbo Options and to make clear that the hedge exemptions apply to the
position limits set forth in IM-3120-4.\8\ The Exchange notes that this
filing is similar to proposals filed by BOX as part of the launch of
``Mini Options,'' which are non-standard options contracts overlying 10
shares of a security.\9\
---------------------------------------------------------------------------

    \8\ Exchange Rule 3140 (Exercise Limits) refers to exercise
limits that correspond to aggregate positions as described in Rule
3120 (Position Limits). Today, the position limits established in a
given option under Rule 3120 is also the exercise limit for such
option. Thus, although the proposed rule change would not amend the
text of Rule 3140 (Exercise Limits) itself, the proposed change to
add IM-3120-4 would have a corresponding effect on the exercise
limits.
    \9\ See Securities Exchange Act Release No. 34-68771 (January
30, 2013), 78 FR 8208 (February 5, 2013) (Notice of Filing and
Immediate Effectiveness of SR-BOX-2013-07).
---------------------------------------------------------------------------

Quarterly Options
    The Exchange also proposes to clarify that Jumbo SPY Options are
eligible for inclusion in the Quarterly Options Series (``QOS'')
Program.\10\ The Program allows BOX to list and trade QOS, which expire
at the close of business on the last business day of a calendar
quarter. Under the Program, BOX may select up to five (5) currently
listed exchange traded fund (``ETF'') or index option classes on which
QOS may be opened. The Exchange may list series that expire at the end
of the next consecutive four (4) calendar quarters, as well as the
fourth quarter of the next calendar year.\11\
---------------------------------------------------------------------------

    \10\ See Interpretive Material 4 to BOX Rule 5050.
    \11\ See BOX Rule 5050(e) which provides that the Exchange may
list Jumbo SPY Options on all expirations applicable to standard SPY
options.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposal is consistent with the
requirements of Section 6(b) of the Securities Exchange Act of 1934
(the ``Act''),\12\ in general, and Section 6(b)(5) of the Act,\13\ in
particular, in that it is designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, to foster cooperation and coordination with
persons engaged in facilitating transactions in securities, to remove
impediments to and perfect the mechanism of a free and open market and
a national market system, and, in general to protect investors and the
public interest. By submitting this proposal the Exchange is
eliminating any potential confusion regarding Jumbo SPY Options, a new
product listed and traded on the Exchange. The Exchange believes that
the proposal will help avoid investor confusion by clarifying how the
Exchange's position limit rules will apply to Jumbo SPY Options, Mini
SPY Options and standard SPY options. Finally, the Exchange believes
that it is appropriate to clarify that Jumbo SPY Options are eligible
for the Quarterly Options Series Program. Doing so provides investors
and other market participants with a more accurate understanding of the
Exchange's rules regarding Jumbo SPY Options.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78f(b).
    \13\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. Specifically, the Exchange
believes that investors would benefit from the introduction and
availability of Jumbo SPY Options by making options on large blocks of
the SPY ETF more available as an investing tool, particularly for
institutional investors. Trading in Jumbo SPY Options is entirely
voluntary and Participants can determine if they would like to trade in
this new product.

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

    The Exchange has neither solicited nor received comments on the
proposed rule change.

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

    Because the foregoing proposed rule change: (1) Does not
significantly affect the protection of investors or the public
interest; (2) does not impose any significant burden on competition;
and (3) by its terms does not become operative for 30 days after the
date of this filing, or such shorter time as the Commission may
designate if consistent with the protection of investors and the public
interest, the proposed rule change has become effective pursuant to
Section 19(b)(3)(A) of the Act \14\ and Rule 19b-4(f)(6)
thereunder.\15\
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78s(b)(3)(A).
    \15\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to provide the Commission
with written notice of its intent to file the proposed rule change,
along with a brief description and text of the proposed rule change,
at least five business days prior to the date of filing of the
proposed rule change, or such shorter time as designated by the
Commission. The Exchange has fulfilled this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) normally does
not become operative for 30 days after the date of filing. However,
Rule 19b-4(f)(6)(iii) permits the Commission to

designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange requests
that the Commission waive the 30-day operative delay so that the
proposed rule change may become operative immediately. The Commission
believes that waiving the 30-day operative delay is consistent with the
protection of investors and the public interest.\16\ Trading in Jumbo
SPY Options has already commenced and waiver of the operative delay
will allow the Exchange to immediately implement its proposal. For
these reasons, the Commission designates the proposed rule change as
operative upon filing.
---------------------------------------------------------------------------

    \16\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

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-BOX-2013-36 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BOX-2013-36. 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
shouldsubmit only information that you wish to make available publicly.
All submissions should refer to File Number SR-BOX-2013-36 and should
be submitted on or before August 6, 2013

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
---------------------------------------------------------------------------

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

Elizabeth M. Murphy,
Secretary.
[FR Doc. 2013-17013 Filed 7-15-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 74 (Monday, April 18, 2022)]
[Notices]
[Pages 23006-23008]
[FR Doc No: 2022-08164]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-94684; File No. SR-MEMX-2022-09]

Self-Regulatory Organizations; MEMX LLC; Notice of Filing and
Immediate Effectiveness of a Proposed Rule Change To Extend the Pilot
Related to Clearly Erroneous Transactions Until July 20, 2022

April 12, 2022.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on April 11, 2022, MEMX LLC (``MEMX'' or the ``Exchange'') filed
with the Securities and Exchange Commission (the ``Commission'') the
proposed rule change as described in Items I and II below, which Items
have been prepared by the Exchange. The Exchange filed the proposal as
a ``non-controversial'' proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \3\ and Rule 19b-4(f)(6) thereunder.\4\ The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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

    The Exchange is filing with the Commission a proposed rule change
to

extend the current pilot program related to MEMX Rule 11.15, ``Clearly
Erroneous Executions,'' to the close of business on July 20, 2022. The
text of the proposed rule change is provided in Exhibit 5.

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

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

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

1. Purpose
    The Exchange proposes to extend the effectiveness of the Exchange's
current rule applicable to Clearly Erroneous Executions to the close of
business on July 20, 2022. Portions of Rule 11.15, explained in further
detail below, are currently operating as a pilot program which is set
to expire on April 20, 2022.\5\
---------------------------------------------------------------------------

    \5\ See MEMX Rule 11.15.
---------------------------------------------------------------------------

    On May 4, 2020, the Commission approved MEMX's Form 1 Application
to register as a national securities exchange with rules including, on
a pilot basis, MEMX Rule 11.15.\6\ Rule 11.15, among other things (i)
provides for uniform treatment of clearly erroneous execution reviews
in multi-stock events involving twenty or more securities; and (ii)
reduces the ability of the Exchange to deviate from objective standards
set forth in the rule. The rule further provides that: (i) A series of
transactions in a particular security on one or more trading days may
be viewed as one event if all such transactions were effected based on
the same fundamentally incorrect or grossly misinterpreted issuance
information resulting in a severe valuation error for all such
transactions; and (ii) in the event of any disruption or malfunction in
the operation of the electronic communications and trading facilities
of the Exchange, another SRO, or responsible single plan processor in
connection with the transmittal or receipt of a trading halt, an
Officer of the Exchange or senior level employee designee, acting on
his or her own motion, shall nullify any transaction that occurs after
a trading halt has been declared by the primary listing market for a
security, and before such a trading halt has officially ended according
to the primary listing market.\7\
---------------------------------------------------------------------------

    \6\ See Securities Exchange Release No. 88806 (May 4, 2020), 85
FR 27451 (May 8, 2020).
    \7\ See MEMX Rule 11.15.
---------------------------------------------------------------------------

    Previously, the clearly erroneous pilot programs adopted by the
national securities exchanges and the current Plan to Address
Extraordinary Market Volatility Pursuant to Rule 608 of Regulation NMS
under the Act (the ``Limit Up-Limit Down Plan'' or the ``LULD Plan'')
were a single pilot program. On April 17, 2019, the Commission approved
the Eighteenth Amendment to the LULD Plan, allowing the LULD Plan to
operate on a permanent, rather than pilot, basis.\8\ Accordingly,
national securities exchanges filed with the Commission amendments to
exchange rules to untie the pilot program's effectiveness from that of
the LULD Plan in order to provide such exchanges additional time to
consider further amendments, if any, to the clearly erroneous execution
rules in light of the proposed Eighteenth Amendment to the LULD
Plan.\9\
---------------------------------------------------------------------------

    \8\ See Securities Exchange Act Release No. 85623 (April 11,
2019), 84 FR 16086 (April 17, 2019) (File No. 4-631).
    \9\ See, e.g., Securities Exchange Act Release No. 85542 (April
8, 2019), 84 FR 15009 (April 12, 2019) (SR-CboeBYX-2019-003).
---------------------------------------------------------------------------

    More recently, the Exchange amended MEMX Rule 11.15 to extend the
pilot's effectiveness to the close of business on October 20, 2021.\10\
The Exchange subsequently amended MEMX Rule 11.15 to extend the pilot's
effectiveness to the close of business on April 20, 2022.\11\
---------------------------------------------------------------------------

    \10\ See Securities Exchange Act Release No. 91457 (April 1,
2021), 86 FR 18082 (April 7, 2021) (SR-MEMX-2021-05).
    \11\ See Securities Exchange Act Release No. 93358 (October 15,
2021), 86 FR 58319 (October 21, 2021) (SR-MEMX-2021-13).
---------------------------------------------------------------------------

    On March, 7, 2022, Cboe BZX Exchange, Inc. proposed a rule change
to make the pilot program permanent with certain amendments.\12\ The
Exchange now proposes to amend MEMX Rule 11.15 to extend the pilot's
effectiveness to the close of business on July 20, 2022, while the
Commission considers whether the BZX proposal should be approved or
disapproved. MEMX understands that certain other national securities
exchanges and the Financial Industry Regulatory Authority (``FINRA'')
also intend to file similar proposals to extend their respective
clearly erroneous execution pilot programs, the substance of which are
identical to MEMX Rule 11.15.
---------------------------------------------------------------------------

    \12\ See Securities Exchange Act Release No. 94374 (March 7,
2022), 87 FR 14062 (March 11, 2022) (SR-CboeBZX-2022-017).
---------------------------------------------------------------------------

    The Exchange does not propose any additional changes to MEMX Rule
11.15. By proposing to extend the pilot, the Exchange will avoid any
discrepancy between its clearly erroneous pilot program and the pilot
programs of other exchanges and FINRA, as the language of such rules
are identical to MEMX Rule 11.15 and, as noted above, other exchanges
and FINRA also intend to file proposals to extend their respective
clearly erroneous execution pilot programs. The Exchange believes the
benefits to market participants from the more objective clearly
erroneous executions rule should continue on a limited three month
pilot basis. As the LULD Plan was approved by the Commission to operate
on a permanent, rather than pilot, basis the Exchange intends to assess
whether additional changes should also be made to the operation of the
clearly erroneous execution rules. Extending the effectiveness of MEMX
Rule 11.15 for an additional three months should provide the Commission
additional time to consider the recent proposal to make the pilot
program permanent and any further amendments to the clearly erroneous
execution rules.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\13\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\14\ in particular, in that it is designed to
prevent fraudulent and manipulative practices, to promote just and
equitable principles of trade, to foster cooperation and coordination
with persons engaged in regulating, clearing, settling, processing
information with respect to, and facilitating transactions in
securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system, and, in general to
protect investors and the public interest. Additionally, the Exchange
believes the proposed rule change is consistent with the Section
6(b)(5) requirement that the rules of an exchange not be designed to
permit unfair discrimination between customers, issuers, brokers, or
dealers.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78f(b).
    \14\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    In particular, the Exchange believes that extending the clearly
erroneous execution pilot under MEMX Rule 11.15 for an additional three
months would help assure that the determination of whether a clearly
erroneous trade has

occurred will be based on clear and objective criteria, and that the
resolution of the incident will occur promptly through a transparent
process. The proposed extension would also help assure consistent
results in handling erroneous trades across the U.S. equities markets,
thus furthering fair and orderly markets, the protection of investors
and the public interest. Based on the foregoing, the Exchange believes
the clearly erroneous executions rule should continue to be in effect
on a pilot basis while the Commission considers the pending proposal to
make permanent the rules related to clearly erroneous executions
reviews.

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

    The Exchange believes its proposed rule change would not impose any
burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act. To the contrary, the Exchange
understands that FINRA and certain other national securities exchanges
will also file similar proposals to extend their respective clearly
erroneous execution pilot programs. Thus, the proposed rule change will
help to ensure consistency across market centers without implicating
any competitive issues.

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

    The Exchange neither solicited nor received comments on the
proposed rule change.

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) of the Act \15\ and Rule 19b-
4(f)(6) thereunder.\16\
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78s(b)(3)(A).
    \16\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Commission has waived the five-day prefiling requirement in this
case.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \17\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\18\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange asked
that the Commission waive the 30 day operative delay so that the
proposal may become operative immediately upon filing. Waiver of the
30-day operative delay would extend the protections provided by the
current pilot program, without any changes, while the Exchange and
other self-regulatory organizations consider whether further amendments
to these rules are appropriate. Therefore, the Commission hereby waives
the 30-day operative delay and designates the proposed rule change as
operative upon filing.\19\
---------------------------------------------------------------------------

    \17\ 17 CFR 240.19b-4(f)(6).
    \18\ 17 CFR 240.19b-4(f)(6)(iii).
    \19\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule change 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 protected]. Please include
File Number SR-MEMX-2022-09 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-MEMX-2022-09. 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 website (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 website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange.
    All comments received will be posted without change. Persons
submitting comments are cautioned that we do not redact or edit
personal identifying information from comment submissions.
    You should submit only information that you wish to make available
publicly. All submissions should refer to File Number SR-MEMX-2022-09
and should be submitted on or before May 9, 2022.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\20\
---------------------------------------------------------------------------

    \20\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022-08164 Filed 4-15-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: May 31, 2007 (Volume 72, Number 104)]
[Notices]
[Page 30413-30415]
[DOCID:fr31my07-111]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55803; File No. SR-Phlx-2007-37]

Self-Regulatory Organizations; Philadelphia Stock Exchange, Inc.;
Notice of Filing and Order Granting Accelerated Approval of a Proposed
Rule Change and Amendment No. 1 Thereto Relating to the Extension of a
Pilot Concerning the Exchange's Directed Order Program

May 23, 2007.
    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 May 8, 2007, the Philadelphia Stock Exchange, Inc. (``Phlx'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been substantially prepared by the Exchange.
On May 10, 2007, the Exchange filed Amendment No. 1. The Commission is
publishing this notice to solicit comments on the proposed rule change,
as amended, from interested persons and is approving the proposal as
modified by Amendment No. 1 on an accelerated basis, for a pilot period
through May 27, 2008.
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    \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 Phlx proposes to extend, for an additional one year period, a
pilot program concerning Exchange Rule 1080, Phlx Automated Options
Market (AUTOM) \3\ and Automatic Execution

System (AUTO-X), and Exchange Rule 1014, Obligations And Restrictions
Applicable To Specialists And Registered Options Traders. Specifically,
the pilot program covers: (1) Exchange Rule 1080(l), Directed Orders,
under which Exchange specialists, Streaming Quote Traders (``SQTs'')
\4\ and Remote Streaming Quote Traders (``RSQTs'') \5\ trading on the
Exchange's electronic options trading platform, Phlx XL,\6\ receive
Directed Orders (as defined below); and (2) Exchange Rule
1014(g)(viii), which sets forth the trade allocation algorithm for
electronically executed and allocated trades involving Directed Orders.
This proposal is in connection with a pilot program that is currently
scheduled to expire on May 27, 2006.\7\
---------------------------------------------------------------------------

    \3\ AUTOM is the Exchange's electronic order delivery, routing,
execution and reporting system, which provides for the automatic
entry and routing of equity option and index option orders to the
Exchange trading floor. Orders delivered through AUTOM may be
executed manually, or certain orders are eligible for AUTOM's
automatic execution features, AUTO-X, Book Sweep and Book Match.
Equity option and index option specialists are required by the
Exchange to participate in AUTOM and its features and enhancements.
Option orders entered by Exchange members into AUTOM are routed to
the appropriate specialist unit on the Exchange trading floor. AUTOM
is today more commonly referred to as Phlx XL. See Exchange Rule
1080.
    \4\ An SQT is an Exchange Registered Options Trader (``ROT'')
who has received permission from the Exchange to generate and submit
option quotations electronically through an electronic interface
with AUTOM via an Exchange approved proprietary electronic quoting
device in eligible options to which such SQT is assigned. See
Exchange Rule 1014(b)(ii)(A).
    \5\ An RSQT is a participant in the Exchange's electronic
trading system, Phlx XL who has received permission from the
Exchange to trade in options for his own account, and to generate
and submit option quotations electronically from off the floor of
the Exchange through AUTOM in eligible options to which such RSQT
has been assigned.
    \6\ See Securities Exchange Act Release No. 50100 (July 27,
2004), 69 FR 46612 (August 3, 2004) (SR-Phlx-2003-59).
    \7\ See Securities Exchange Act Release No. 53870 (May 25,
2006), 71 FR 31251 (June 1, 2006) (SR-Phlx-2006-27). See also
Securities Exchange Act Release No. 51759 (May 27, 2005), 70 FR
32860 (June 6, 2005) (SR-Phlx-2004-91) (``May 2005 Approval
Order'').
---------------------------------------------------------------------------

    The text of the proposed rule change is available on Phlx's Web
site at http://www.phlx.com, at the Exchange's principal office, 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 III 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 extend, for an
additional one-year period, a pilot that allows specialists, SQTs, and
RSQTs assigned in options that trade on Phlx XL to receive directed
orders (``Directed Orders'') \8\ from a member or member organization
(``Order Flow Provider'' or ``OFP'') \9\ that submits, as agent, the
customer order to the Exchange through AUTOM, and establishes a trade
allocation algorithm for Directed Orders that are electronically
executed and allocated to reward such Directed Specialists, SQTs and
RSQTs with a participation guarantee for attracting such order flow to
the Exchange.\10\ The proposed rule is subject to a pilot program
scheduled to expire on May 27, 2007. The extended pilot would expire
May 27, 2008.
---------------------------------------------------------------------------

    \8\ See Exchange Rule 1080(l)(i)(A).
    \9\ See Exchange Rule 1080(1)(i)(B).
    \10\ See Exchange Rule 1080(1). The word ``Directed'' modifies
all three; that is, it is referring to a Directed Specialist,
Directed SQT and Directed RSQT.
---------------------------------------------------------------------------

    Pursuant to Rule 1080(l), OFPs must transmit Directed Orders to a
particular specialist, SQT or RSQT through AUTOM. If the Exchange's
disseminated best bid or offer is at the National Best Bid or Offer
when the Directed Order is received, the Directed Order is
automatically executed on Phlx XL and allocated to the orders and
quotes represented in the Exchange's quotation. A Directed Specialist,
SQT or RSQT will receive a participation allocation pursuant to Rule
1014(g)(viii) if the Directed Specialist, SQT or RSQT was quoting at
the NBBO at the time that the Directed Order was received.\11\
Otherwise, the automatic execution will be allocated to those
quotations and orders at the NBBO pursuant to Rule 1014(g)(vii).\12\
The specialist will manually execute Directed Orders that are received
when the Exchange is not quoting at the NBBO.\13\
---------------------------------------------------------------------------

    \11\ See Exchange Rule 1080(l)(ii).
    \12\ See Exchange Rule 1080(l)(iii).
    \13\ See Exchange Rule 1080(l)(iv).
---------------------------------------------------------------------------

    The Exchange believes that the pilot program rewards specialists,
SQTs and RSQTs for actively engaging in marketing activities and
establishing relationships with OFPs that generate Directed Orders sent
to the Exchange by such OFPs. The Exchange believes that the pilot
program will result in additional order flow to the Exchange, thus
adding depth and liquidity to the Exchange's markets, and enabling the
Exchange to continue to compete effectively with other options
exchanges for order flow.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act \14\ in general, and furthers the objectives of Section
6(b)(5) of the Act \15\ in particular, in that it is designed to
promote just and equitable principles of trade, to remove impediments
to and perfect the mechanism of a free and open market and a national
market system, and, in general to protect investors and the public
interest, by permitting specialists, SQTs and RSQTs trading options on
Phlx XL to receive Directed Orders, and by encouraging the capture of
order flow on the Exchange by rewarding Directed Order recipients with
a participation guarantee in trades involving Directed Orders.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78f(b).
    \15\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

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

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

    No written comments were either solicited or received.

III. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number SR-Phlx-2007-37 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary,

Securities and Exchange Commission, 100 F Street, NE, Washington, DC
20549-1090.

All submissions should refer to File Number SR-Phlx-2007-37. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments, all

written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room. Copies of such
filing also will be available for inspection and copying at the
principal office of the Exchange. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-Phlx-2007-37 and should be submitted on or before June
21, 2007.

IV. Commission's Findings and Order Granting Accelerated Approval of
the Proposed Rule Change

    After careful consideration, the Commission finds that the proposed
rule change is consistent with the requirements of Section 6 of the Act
\16\ and the rules and regulations thereunder applicable to a national
securities exchange,\17\ and, in particular, the requirements of
Section 6(b)(5) of the Act.\18\ Section 6(b)(5) requires, among other
things, that the rules of a national securities exchange be designed to
prevent fraudulent and manipulative acts and practices, to promote just
and equitable principles of trade, to remove impediments to and perfect
the mechanism of a free and open market and a national market system,
and, in general, to protect investors and the public interest. The
Commission notes that the Exchange's Directed Order Program was
originally approved on a one-year basis and subsequently extended for
an additional year, in order to give the Commission an opportunity to
evaluate the impact of the pilot program on the options markets to
determine whether it would be beneficial to customers and to the
options markets as a whole before approving any request for permanent
approval of the pilot program. The Exchange has asked the Commission to
approve the proposed rule change on an accelerated basis for an
additional year so that the pilot program may continue uninterrupted.
The Commission is approving the one-year extension so that the Exchange
can continue to evaluate the Exchange's Directed Order Program.
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78f.
    \17\ In approving this proposal, the Commission has considered
the proposed rule's impact on efficiency, competition, and capital
formation. 15 U.S.C. 78c(f).
    \18\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange has requested that the Commission find good cause for
approving the proposed rule change prior to the thirtieth day after
publication of notice thereof in the Federal Register. The Commission
believes that granting accelerated approval of the proposed rule change
would allow the pilot program to continue without disruption for an
additional year in order for the Exchange to continue to evaluate its
Directed Order Program. Accordingly, the Commission finds good cause,
consistent with Section 19(b)(2) of the Act,\19\ for approving the
proposed rule change prior to the thirtieth day after publication of
notice thereof in the Federal Register.
---------------------------------------------------------------------------

    \19\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

V. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\20\ that the proposed rule change (SR-Phlx-2007-37), as modified
by Amendment No. 1, which institutes the pilot program through May 27,
2008, is hereby approved on an accelerated basis.
---------------------------------------------------------------------------

    \20\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\21\
---------------------------------------------------------------------------

    \21\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-10376 Filed 5-30-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: April 22, 2009 (Volume 74, Number 76)]
[Notices]
[Page 18437]
[DOCID:fr22ap09-94]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-1998-4334; FMCSA-2000-7006; FMCSA-2000-7918; FMCSA-
2000-8398; FMCSA-2002-13411; FMCSA-2005-20027]

Qualification of Drivers; Exemption Renewals; Vision

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of final disposition.

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

SUMMARY: FMCSA previously announced its decision to renew the
exemptions from the vision requirement in the Federal Motor Carrier
Safety Regulations for 11 individuals. FMCSA has statutory authority to
exempt individuals from the vision requirement if the exemptions
granted will not compromise safety. The Agency has concluded that
granting these exemptions will provide a level of safety that will be
equivalent to, or greater than, the level of safety maintained without
the exemptions for these commercial motor vehicle (CMV) drivers.

FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director, Medical
Programs,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA, Department of
Transportation, 1200 New Jersey Avenue, SE., Room W64-224, Washington,
DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m. Monday through
Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Electronic Access

    You may see all the comments online through the Federal Document
Management System (FDMS) at http://www.regulations.gov.

Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
for a 2-year period if it finds ``such exemption would likely achieve a
level of safety that is equivalent to, or greater than, the level that
would be achieved absent such exemption.'' The statute also allows the
Agency to renew exemptions at the end of the 2-year period. The comment
period ended on April 2, 2009.

Discussion of Comments

    FMCSA received no comments in this proceeding.

Conclusion

    The Agency has not received any adverse evidence on any of these
drivers that indicates that safety is being compromised. Based upon its
evaluation of the 11 renewal applications, FMCSA renews the Federal
vision exemptions for Richard D. Carlson, David J. Collier, Robert P.
Conrad, Sr., Donald P. Dodson, Jr., Stephanie D. Klang, Mark J.
Koscinski, Dexter L. Myhre, Henry C. Patton, George D. Schell, James A.
Stoudt, and Ralph A. Thompson.
    In accordance with 49 U.S.C. 31136(e) and 31315, each renewal
exemption will be valid for 2 years unless revoked earlier by FMCSA.
The exemption will be revoked if: (1) The person fails to comply with
the terms and conditions of the exemption; (2) the exemption has
resulted in a lower level of safety than was maintained before it was
granted; or (3) continuation of the exemption would not be consistent
with the goals and objectives of 49 U.S.C. 31136 and 31315.

    Issued on: April 15, 2009.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E9-9280 Filed 4-21-09; 8:45 am]

BILLING CODE 4910-EX-P


[Federal Register Volume 86, Number 119 (Thursday, June 24, 2021)]
[Notices]
[Page 33375]
[FR Doc No: 2021-13266]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

Susan Harwood Training Grant Program, Workplace Safety and Health
Training on Infectious Diseases, Including COVID-19 Grants;
Availability of Funds and Funding Opportunity Announcement

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

ACTION: Notice of availability of funds and funding opportunities.

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

SUMMARY: This notice announces availability of $10,000,000 for Susan
Harwood Training Grant Program Workplace Safety and Health Training on
Infectious Diseases, Including COVID-19 grants for non-profit
organizations to conduct training for employers and workers on
infectious diseases, including COVID-19 safety and health hazards in
the workplace.

DATES: Grant applications for Susan Harwood Training Program Workplace
Safety and Health Training on Infectious Diseases, including COVID-19
grants must be received electronically by the Grants.gov system no
later than 11:59 p.m., ET, on July 26, 2021.

ADDRESSES: The complete Susan Harwood Training Grant Program funding
opportunity announcement and all information needed to apply are
available at the Grants.gov website, www.grants.gov.

FOR FURTHER INFORMATION CONTACT: Questions regarding the funding
opportunity announcement should be emailed to<EMAIL_ADDRESS>or
Donna Robertson, Harwood Program Coordinator by telephone at 847-725-
7805. Personnel will not be available to answer questions after 5:00
p.m., ET. To obtain further information on the Susan Harwood Training
Grant Program, visit the OSHA website at www.osha.gov/harwoodgrants.
Questions regarding Grants.gov should be emailed to<EMAIL_ADDRESS>or directed to Applicant Support toll free at 1-800-518-4726. Applicant
Support is available 24 hours a day, 7 days a week except Federal
holidays.

SUPPLEMENTARY INFORMATION:
    Funding Opportunity Number: SHTG-FY-21-05 (Workplace Safety and
Health Training on Infectious Diseases, Including COVID-19).
    Catalog of Federal Domestic Assistance Number: 17.502.

Authority and Signature

    James S. Frederick, Acting Assistant Secretary of Labor for
Occupational Safety and Health, directed the preparation of this
notice. The authority for this notice is Section 21 of the Occupational
Safety and Health Act of 1970, (29 U.S.C. 670), Public Law 113-235, and
Secretary of Labor's Order No. 8-2020 (85 FR 58393, September 18,
2020).

    Signed at Washington, DC.
James S. Frederick,
Acting Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2021-13266 Filed 6-23-21; 8:45 am]
BILLING CODE 4510-26-P


TABLE 1 AVERAGE ANNUAL EPA RESOURCE REQUIREMENT NEW SOURCE PERFORMANCE STANDARD ( NSPS) SUBPART LL  METALLIC MINERAL PROCESSING PLANTS REPORTING/ RECORDKEEPING REQUIREMENT EPA Hours/

Occurence ( A) Occurences/

Plant/ Year ( B) EPA Hours/

Year ( C= A* B ) ( C) Plants/ Year ( D) EPA Hours/

Year ( E= C* D)

( E)

INITIAL PERFORMANCE TESTS New Facility 24 1 24 0 0 REPEAT PERFORMANCE TEST New Facility 24 0.2 4.8 0 0 REPORT REVIEW New Facility Notification of Construction 2 1 2 0 0 Notification of Actual Startup 0.5 1 0.5 0 0 Notification of Initial Test 0.5 1 0.5 0 0 Review Test Results 8 1 8 0 0 Notification of CMS 0.5 1 0.5 0 0 Exisiting Facility Review of Semi Annual Scrubber Malfunction Reports 4 2 8 22 176 TOTAL ANNUAL HOURS 176 TOTAL ANNUAL BURDEN $ 6,740.80 Assumptions Number of new plants 0 Rate of failed performance tests 20%

Time required to participate with performance test ( per plant) 24 Time require to review construction notification ( hours) 2 Time required to review startup and initial test notifications ( hours) 0.5 Time required to review performance test results ( hours) 8 Time required to review notification of demonstration of CMS ( hours) 0.5 Time required to review semi annual scrubber malfunction reports ( hours) 4 EPA labor rate $ 38.30