[Federal Register: October 26, 2007 (Volume 72, Number 207)]
[Notices]
[Page 60922-60924]
[DOCID:fr26oc07-122]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-56683; File No. SR-NASDAQ-2007-081]

Self-Regulatory Organizations; the NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
and Amendment No. 1 to Establish a New Service Called Nasdaq Regulation
Reconnaissance Service (``Reg Recon'') To Assist Nasdaq Members in
Their Efforts To Comply With Applicable Regulatory Requirements

October 22, 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 September 26, 2007, The NASDAQ Stock Market LLC (``Nasdaq'' 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 substantially by Nasdaq. On
October 15, 2007 Nasdaq filed Amendment No. 1 to the proposed rule
change. Nasdaq filed the proposed rule change pursuant to Section
19(b)(3)(A) of the Act \3\ and Rule 19b-4(f)(6) thereunder,\4\ which
renders it effective upon filing with the Commission. The Commission is
publishing this notice to solicit comments on the proposed rule change,
as amended, from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    Nasdaq proposes to establish fees for a new real-time surveillance
alert and report module to assist Nasdaq member firms with their
Regulation NMS (``Reg NMS'') compliance. The text of the proposed rule
change is available at http://www.nasdaq.complinet.com, the Exchange,

and the Commission's Public Reference Room.

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

    In its filing with the Commission, Nasdaq 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. Nasdaq has prepared summaries, set forth in Sections A,
B, and C below, of the most significant aspects of such statements.

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

1. Purpose
    Nasdaq proposes to establish a new service called Nasdaq Regulation
Reconnaissance Service (``Reg Recon'') to assist Nasdaq members in
their efforts to comply with applicable regulatory requirements.
Specifically, Reg Recon will provide Nasdaq members with individualized
real-time surveillance alerts of possible violations of Reg NMS under
the Act. Members will also have access to download those surveillance
alerts for use as part of their policies and procedures to ensure
compliance with Reg NMS obligations. Reg Recon is intended as only one
source of assistance for Nasdaq member firms with their Reg NMS
compliance and does not purport in any way to ensure or guarantee Reg
NMS compliance. Specifically, Reg Recon will be available as an add-on
to the Nasdaq Workstation and Weblink ACT 2.0.
    Section 12(f) of the Act \5\ permits exchanges to extend ``unlisted
trading privileges'' (``UTP'') to Nasdaq listed securities. Through
UTP, other U.S. exchanges are able to quote and trade issues listed on
Nasdaq. In addition, registered broker-dealers are permitted to execute
transactions in the over-the-counter market and to report those trades
to the Alternative Display Facility operated by the Financial Industry
Regulatory Authority (``FINRA'') or to any of several Trade Reporting
Facilities (``TRFs'') operated jointly by FINRA and one of several
national securities exchanges. Under the UTP Plan, all U.S. exchanges
that quote and trade Nasdaq listed securities must provide their data
to a centralized securities information processor (``SIP'') for data
consolidation and dissemination. Nasdaq, in its current role as the SIP
for the UTP Plan, supports the UTP Quotation Data Feed (``UQDF''). \6\
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    \5\ 15 U.S.C. 78l(f).
    \6\ UQDF provides best bid and offer quotes from the UTP
participants, as well as the consolidated national best bid and
offer quotes (``NBBOs'') for securities listed on Nasdaq.
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    Reg Recon will assist Nasdaq members in two ways. First, it will
assist members with compliance with Rule 611 of Reg NMS by providing
real-time alerts that are trade reported by the member to the FINRA/
Nasdaq TRF and represent potential trade-throughs. Nasdaq will generate
these alerts by reading the UQDF data feed and comparing it to the
prices of trades reported to the TRF. When that comparison reveals that
a potential trade-through has occurred, the Reg Recon functionality
will send the member a real-time surveillance alert. Nasdaq expects
that firms will use these alerts as part of their compliance procedures
to verify that the TRF trade was properly executed and trade reported.
    Second, Reg Recon will provide subscribers with Nasdaq Self Help
Declarations/Revocations messages (``Notices''). These Notices will
alert participants that Nasdaq is experiencing communications issues
with a particular market center. It is intended to cause members to
perform an independent review of their communications with that market
center and assess their trading obligations with respect to that
market. Nasdaq has stated that these Notices are not intended to
relieve firms of their obligations to conduct independent self-help
analysis and to adopt policies and procedures designed to achieve
compliance with those obligations.
    Both real-time surveillance alerts and the Notices will be
available to download each day to allow firms to review their TRF trade
reporting activities. The product also provides reports that give users
the ability to generate and download reports to view all of their
potential TRF trade-throughs and sort by exempt versus non-exempt,
intermarket sweep order (``ISO'') versus non-ISO, and Nasdaq Self Help
Declarations/Revocations. Additionally,

the product gives firms an ability to view their TRF ISO and potential
trade-through violations relative to the rest of the industry.
    The fee for this product will be a $1,000/market maker participant
identifier/month subscription fee, which Nasdaq believes fairly
reflects the value of this product. Use of the Reg Recon Service is
voluntary and available only to Nasdaq member firms and the
subscription fees will be imposed on all purchasers equally. The
proposed fees will cover the costs associated with establishing the
service, responding to customer requests, configuring Nasdaq's systems,
programming to user specifications, and administering the service,
among other things. Large firms' order management systems are offering
this product at a much higher price, but they have the ability to
charge a significant amount more than Nasdaq since firms potentially
will need to route to other market centers to comply with the rule and
the order management system will have all order information for every
market center, not just the TRF data.
    The Service is responsive to the requests of market participants
seeking to augment their order management systems' solutions, as well
as provide a back-up to those solutions, and for smaller firms with
less sophisticated trading systems/environments. Nasdaq believes that
the product is reasonably priced in light of the amount of quote data
that must be processed coupled with the support required to assist
firms in understanding the product and, in turn, Reg NMS.
2. Statutory Basis
    Nasdaq believes that the proposed rule change is consistent with
the provisions of Section 6 of the Act,\7\ in general, and with Section
6(b)(5) of the Act,\8\ in particular, in that it is designed 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. Use of the Reg Recon Service
is voluntary and is responsive to the requests of market participants
seeking to augment their order management systems' solutions, as well
as provide a back-up to those solutions, and for smaller firms with
less sophisticated trading systems/environments.
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    \7\ 15 U.S.C. 78f.
    \8\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    Nasdaq does not believe that the proposed rule change will result
in any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act, as amended.

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

    Written comments were neither solicited nor received.

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

    Because the foregoing proposed rule change does not:
    (i) Significantly affect the protection of investors or the public
interest;
    (ii) impose any significant burden on competition; and
    (iii) become operative for 30 days from the date on which it was
filed, or such shorter time as the Commission may designate, if
consistent with the protection of investors and public interest, it has
become effective pursuant to Section 19(b)(3)(A) of the Act \9\ and
Rule 19b-4(f)(6) thereunder.\10\
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    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(6).
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    Normally, a proposed rule change filed under Rule 19b-4(f)(6) may
not become operative prior to 30 days after the date of filing.
However, Rule 19b-4(f)(6)(iii) \11\ permits the Commission to designate
a shorter time if such action is consistent with the protection of
investors and the public interest. The Exchange has requested that the
Commission waive the 30-day operative delay set forth in Rule 19b-
4(f)(6)(iii) under the Act.\12\ The Commission believes that the
earlier operative date is consistent with the protection of investors
and the public interest because the proposed rule change permits the
Exchange to provide without further delay a voluntary service that
responds to the requests of market participants seeking to augment
their order management systems' solutions. For these reasons, the
Commission designates the proposal to be operative upon filing with the
Commission.\13\
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    \11\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires that a self-regulatory organization submit to 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 notes that Nasdaq has satisfied the five-
day pre-filing notice requirement.
    \12\ 17 CFR 240.19b-4(f)(6)(iii).
    \13\ For purposes only of waiving the 30-day operative delay of
this proposal, the Commission has considered the proposed rule's
impact on efficiency, competition, and capital formation. 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.\14\
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    \14\ For purposes of calculating the 60-day period within which
the Commission may summarily abrogate the proposed rule change under
Section 19(b)(3)(C) of the Act, the Commission considers the period
to commence on October 15, 2007, the date on which Nasdaq filed
Amendment No. 1. See 15 U.S.C. 78s(b)(3)(C).
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IV. Solicitation of Comments

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

Electronic Comments

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

File Number SR-NASDAQ-2007-081 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-NASDAQ-2007-081. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
 ). Copies of the submission, all subsequent amendments,

all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the

provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of Nasdaq. 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-2007-081 and should
be submitted on or before November 16, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\15\
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    \15\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-21180 Filed 10-25-07; 8:45 am]

BILLING CODE 8011-01-P


Comment Info: =================

General Comment:The FDA's "deeming regulations" on electronic cigarettes, as written, will effectively turn the e-cig business over to "big tobacco". As someone who has worked in the e-cig industry for the past 5 years I see that these regulations will effectively put all small e-cig businesses out of business!....A 75 day comment period is insufficient time for the vaping industry and the wider vaping community to comment on the proposed deeming regulations. I would respectfully request that the period for comment be extended to 180 days.


[Federal Register Volume 83, Number 4 (Friday, January 5, 2018)]
[Rules and Regulations]
[Pages 594-596]
[FR Doc No: 2017-28486]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-1183; Product Identifier 2013-NM-022-AD; Amendment
39-19147; AD 2018-01-06]
RIN 2120-AA64

Airworthiness Directives; Fokker Services B.V. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Fokker Services B.V. Model F28 Mark 0070 and 0100 airplanes. This AD
requires contacting the FAA to obtain instructions for addressing the
unsafe condition on these products, and doing the actions specified in
those instructions. This AD was prompted by a report of an engine
multiple fan blade release event. We are issuing this AD to address the
unsafe condition on these products.

DATES: This AD becomes effective January 22, 2018.
    We must receive comments on this AD by February 20, 2018.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
1183; or in person at the Docket Operations office between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The AD docket
contains this AD, the regulatory evaluation, any comments received, and
other information. The street address for the Docket Operations office
(telephone:<PHONE_NUMBER>) is in the ADDRESSES section. Comments will be
available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer,
International Section, Transport Standards Branch, FAA, 1601 Lind
Avenue SW, Renton, WA 98057-3356; telephone:<PHONE_NUMBER>; fax: 425-
227-1149.

SUPPLEMENTARY INFORMATION:

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA AD
2013-0010, January 14, 2013 (referred to after this as the Mandatory
Continuing Airworthiness Information, or ``the MCAI''), to correct an
unsafe condition for certain Fokker Services B.V. Model F28 Mark 0070
and 0100. The MCAI states:

    Recently, a Tay 620 engine multiple fan blade release event
occurred on an F28 Mk. 0070 aeroplane. As a result, low energy fan
blade fragments exited the engine by penetrating the engine nose
cowl. Although the investigation is still on-going, one of the
findings was an incorrect adjustment of the (emergency) maximum
reverse thrust stop. Consequently, attempts to select (emergency)
maximum reverse thrust led to stabilized engine operation in an N1
speed range that, in combination with other contributing factors,
may have caused high fan blade stresses due to flutter.
    This condition, if not detected and corrected, could lead to
further cases of multiple fan blade release, possibly resulting in
damage to the aeroplane and injury to occupants.
    For the reasons described above, this [EASA] AD requires a one-
time inspection to verify the correct adjustment of the (emergency)
maximum reverse thrust stop position and, if an incorrect adjustment
is found, accomplishment of applicable corrective action(s). To
support the investigation, this [EASA] AD also requires that all
findings are reported to Fokker Services.

    You may examine the MCAI on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-
1183.

FAA's Determination and Requirements of This 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 the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI. We are
issuing this AD because we evaluated all pertinent information and
determined the unsafe condition exists and is likely to exist or
develop on other products of the same type design.

FAA's Determination of the Effective Date

    Since there are currently no domestic operators of this product, we
find good cause that notice and opportunity for prior public comment
are unnecessary. In addition, for the reason(s) stated above, we find
that good cause exists for making this amendment effective in less than
30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2017-1183; Product
Identifier 2013-NM-022-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this AD. We will consider all
comments received by the closing date and may amend this AD based on
those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this AD.

Costs of Compliance

    Currently, there are no affected U.S.-registered airplanes. This AD
requires contacting the FAA to obtain instructions for addressing the
unsafe condition, and doing the actions specified in those
instructions. Based on the actions specified in the MCAI AD, we are
providing the following cost estimates for an affected airplane that is
placed on the U.S. Register in the future:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                   Action                                 Labor cost                Parts cost        product
----------------------------------------------------------------------------------------------------------------
Inspection.................................  6 work-hours x $85 per hour = $510.              $0            $510
Reporting..................................  1 work-hour x $85 per hour = $85...               0              85
----------------------------------------------------------------------------------------------------------------

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

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
    This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to transport category airplanes to
the Director of the System Oversight Division.

Regulatory Findings

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2018-01-06 Fokker Services B.V.: Amendment 39-19147; Docket No. FAA-
2017-1183; Product Identifier 2013-NM-022-AD.

(a) Effective Date

    This AD becomes effective January 22, 2018.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Fokker Services B.V. Model F28 Mark 0070 and
0100 airplanes, certificated in any category, equipped with Rolls-
Royce Tay 620-15 engines.

(d) Subject

    Air Transport Association (ATA) of America Code 76, Engine
controls.

(e) Reason

    This AD was prompted by a report of an engine multiple fan blade
release event. We are issuing this AD to detect and correct an
incorrect adjustment of the (emergency) maximum reverse thrust stop,
which could result in engine fan blade release causing injury to
occupants, damage to the airplane, and consequent uncontrollability
of the airplane.

(f) Compliance

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

(g) Required Action(s)

    Within 30 days after the effective date of this AD, request
instructions from the Manager, International Section, Transport
Standards Branch, FAA, to address the unsafe condition specified in
paragraph (e) of this AD; and accomplish the actions at the times
specified in, and in accordance with, those instructions. Guidance
can be found in Mandatory Continuing Airworthiness Information
(MCAI) European Aviation Safety Agency (EASA) AD 2013-0010, January
14, 2013.

(h) Alternative Methods of Compliance (AMOCs)

    The Manager, International Section, Transport Standards Branch,
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. In accordance with 14
CFR 39.19, send your request to your principal inspector or local
Flight Standards District Office, as appropriate. If sending
information directly to the International Section, send it to the
attention of the person identified in paragraph (i)(2) of this AD.
Information may be emailed to: [email protected].
Before using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
local flight standards district office/certificate holding district
office.

(i) Related Information

    (1) Refer to MCAI EASA AD 2013-0010, January 14, 2013 for
related information. You may examine the MCAI on the internet at
http://www.regulations.gov by searching for and locating Docket No.
FAA-2017-1183.
    (2) For more information about this AD, contact Tom Rodriguez,
Aerospace Engineer, International Section, Transport Standards
Branch, FAA, 1601 Lind Avenue SW, Renton, WA 98057-3356; telephone:
425-227-1137; fax:<PHONE_NUMBER>.

(j) Material Incorporated by Reference

    None.

    Issued in Renton, Washington, on December 26, 2017.
John P. Piccola, Jr.,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2017-28486 Filed 1-4-18; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 160 (Wednesday, August 19, 2015)]
[Notices]
[Page 50306]
[FR Doc No: 2015-20345]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4237-DR]; [Docket ID FEMA-2015-0002]

Oglala Sioux Tribe; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the Oglala Sioux Tribe (FEMA-4237-DR), dated August 7,
2015, and related determinations.

DATES: Effective August 7, 2015.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated August 7, 2015, the President issued a major disaster declaration
under the authority of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''), as follows:

    I have determined that the damage to the Pine Ridge Indian
Reservation resulting from severe storms, straight-line winds, and
flooding during the period of May 8-29, 2015, is of sufficient
severity and magnitude to warrant a major disaster declaration under
the Robert T. Stafford Disaster Relief and Emergency Assistance Act,
42 U.S.C. 5121 et seq. (the ``Stafford Act''). Therefore, I declare
that such a major disaster exists on the Pine Ridge Indian
Reservation.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Individual Assistance to the
tribal members of the Oglala Sioux Tribe and Hazard Mitigation
throughout the Pine Ridge Indian Reservation. Consistent with the
requirement that Federal assistance be supplemental, any Federal
funds provided under the Stafford Act for Hazard Mitigation and
Other Needs Assistance will be limited to 75 percent of the total
eligible costs.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The time period prescribed for the implementation of section
310(a), Priority to Certain Applications for Public Facility and Public
Housing Assistance, 42 U.S.C. 5153, shall be for a period not to exceed
six months after the date of this declaration.
    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, Gary R. Stanley, of FEMA is
appointed to act as the Federal Coordinating Officer for this major
disaster.
    The following areas have been designated as adversely affected by
this major disaster:

    Tribal members of the Oglala Sioux Tribe of the Pine Ridge
Indian Reservation for Individual Assistance.
    All areas within the Pine Ridge Indian Reservation are eligible
for assistance under the Hazard Mitigation Grant Program.

The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050, Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2015-20345 Filed 8-18-15; 8:45 am]
 BILLING CODE 9111-23-P


[Federal Register Volume 77, Number 235 (Thursday, December 6, 2012)]
[Notices]
[Pages 72901-72902]
[FR Doc No: 2012-29451]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-68324; File No. SR-ISE-2012-89]

Self-Regulatory Organizations; International Securities Exchange,
LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule
Change To Adopt Gateway Fees

November 30, 2012.
    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 November 20, 2012, the International Securities Exchange, LLC
(the ``Exchange'' or the ``ISE'') filed with the Securities and
Exchange Commission the proposed rule change, as described in Items I,
II, and III below, which items have been prepared by the self-
regulatory organization. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The ISE proposes to adopt gateway fees. The text of the proposed
rule change is available on the Exchange's Web site (http://www.ise.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 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
    Prior to the launch of the Optimise trading system, ISE Members
were able to lease ``gateway'' equipment, i.e., Routers, Switches and
Servers, through ISE to connect to the Exchange. Members also were able
to use their own equipment, which ISE managed. With the launch of the
Optimise trading system, ISE began to maintain shared gateways at its
datacenters without charging any fees to Members and removed the
gateway fees it previously charged from its Schedule of Fees.\3\
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    \3\ See Securities Exchange Act Release No. 65861 (December 1,
2011), 76 FR 76463 (December 7, 2011) (SR-ISE-2011-77).
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    The Exchange now proposes to adopt monthly gateway fees.
Specifically, the Exchange proposes to adopt a monthly fee of $250 per
shared gateway. Also, some Members have requested their own dedicated
gateways as an alternative to using the shared gateways. While the
shared gateways provide for full redundancy and the same latency, these
Members nevertheless desire their own dedicated gateways as a risk
management alternative. To accommodate these Members, the Exchange
proposes to adopt an optional dedicated gateway offering for a monthly
fee of $2,000 per dedicated gateway pair.\4\
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    \4\ For redundancy and load balancing purposes, Members that
choose the dedicated gateway option would be connected to a pair of
dedicated gateways for which the Exchange would charge one fee.
---------------------------------------------------------------------------

    ISE has expended significant amount of resources in developing this
infrastructure and the proposed gateway fees will be used to recover
the costs the Exchange incurs in providing and maintaining this
infrastructure. With this proposed rule change, Members will have the
ability to utilize a shared gateway or, if they have [sic] choose,
utilize a dedicated gateway. The use of the dedicated gateway is
voluntary and therefore, Members who do not opt for a dedicated gateway
will be able to connect to the Exchange through a shared gateway.
    The Exchange has designated this proposal to be operative on
December 3, 2012.
2. Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Securities Exchange Act of 1934
(``Act''),\5\ in general, and with Section 6(b)(4) of the Act,\6\ in
particular, in that it provides for the equitable allocation of
reasonable dues, fees and other charges among Exchange members and
other persons using its facilities. In particular, the proposed rule
change will provide greater transparency into the connectivity options
available to Members.
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    \5\ 15 U.S.C. 78f.
    \6\ 15 U.S.C. 78f(b)(4).
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    The Exchange believes that the proposed rule change constitutes an
equitable allocation of fees because all similarly situated Members
would be charged the same amount, based on their preference for either
a shared gateway or a dedicated gateway. While Members may opt for a
dedicated gateway, those that do not will continue to be able to access
the Exchange via a shared gateway. And both gateway options provide
full redundancy and the same latency. Thus, access to the Exchange
would continue to be offered on fair and non-discriminatory terms.
    The Exchange also believes the proposed fee for a dedicated gateway
is equitably allocated in that all Exchange Members that opt for a
dedicated gateway will be charged the same amount. All Exchange Members
have the option to select a dedicated gateway connection and those that
choose not to will continue to access the Exchange via a shared
gateway.
    With respect to the increase in fees, the proposed fee change for
gateways is expected to offset increasing connectivity costs, including
costs for gateway software and hardware enhancements and resources
dedicated to gateways development, quality assurance, and support.
    The Exchange believes the proposed fees are not unfairly
discriminatory in that all Exchange Members have the option of
accessing the Exchange via shared gateways or dedicated gateways, and
there is no differentiation among Members with regard to the fees
charged for either option.

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

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

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

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from members or other interested
parties.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act.\7\ At any time within 60 days of the filing
of such proposed rule change, the Commission summarily may temporarily
suspend such rule change if it appears to the Commission that such
action is necessary or appropriate in the public interest, for the
protection of investors, or otherwise in furtherance of the purposes of
the Act. If the Commission takes such action, the Commission shall
institute proceedings to determine whether the proposed rule should be
approved or disapproved.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(3)(A)(ii).
---------------------------------------------------------------------------

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-ISE-2012-89 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-ISE-2012-89. 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 20549-1090, on official business days between the hours
of 10:00 a.m. and 3:00 p.m. Copies of such filing also will be
available for inspection and copying at ISE's principal office and on
its Internet Web site. 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-ISE-2012-89, and should be submitted on or before December 27, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
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    \8\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-29451 Filed 12-5-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 154 (Thursday, August 11, 2022)]
[Notices]
[Pages 49589-49590]
[FR Doc No: 2022-17258]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP22-25-000]

Notice of Availability of the Environmental Assessment for the
Proposed Venture Global Calcasieu Pass, LLC Calcasieu Pass Uprate
Amendment Project

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) has prepared an environmental assessment (EA) for the
Calcasieu Pass Uprate Amendment Project, proposed by Venture Global
Calcasieu Pass, LLC (Calcasieu Pass) in the above-referenced docket.
Calcasieu Pass requests authorization to increase the authorized peak
liquefaction capacity of the existing Calcasieu Pass Export Terminal in
Cameron Parish, Louisiana.
    The EA assesses the potential environmental effects of the
Calcasieu Pass Uprate Amendment Project in accordance with the
requirements of the National Environmental Policy Act (NEPA). The FERC
staff concludes that approval of the proposed project, with appropriate
mitigating measures, would not constitute a major federal action
significantly affecting the quality of the human environment.
    The U.S. Department of Energy, U.S. Department of Transportation's
Pipeline and Hazardous Materials Safety Administration, and U.S. Coast
Guard participated as cooperating agencies in the preparation of the
EA. Cooperating agencies have jurisdiction by law or special expertise
with respect to resources potentially affected by the proposal and
participate in the NEPA analysis.
    Calcasieu Pass proposes to increase the Calcasieu Pass Export
Terminal's authorized peak liquefaction capacity achievable under
optimal conditions from 12.0 million metric tons per annum to 12.4
million metric tons per annum of liquefied natural gas (LNG)--or from
approximately 620 billion cubic feet to approximately 640.7 billion
cubic feet per year (gas equivalence). According to Calcasieu Pass,
this proposed increase in the peak liquefaction capacity is based on
updated engineering and vendor data, reflecting actual equipment
performance. The requested increase does not involve the construction
of any new facilities nor any modification of the previously authorized
facilities. There would be no land disturbance required for this
Project.
    The Commission mailed a copy of the Notice of Availability of the
EA to federal, state, and local government representatives and
agencies; elected officials; environmental and public interest groups;
Native American tribes; potentially affected landowners and other
interested individuals and groups; and newspapers and libraries in the
project area. The EA is only available in electronic format. It may be
viewed and downloaded from the FERC's website (www.ferc.gov), on the
natural gas environmental documents page (https://www.ferc.gov/industries-data/natural-gas/environment/environmental-documents). In
addition, the EA may be accessed by using the eLibrary link on the
FERC's website. Click on the eLibrary link (https://elibrary.ferc.gov/eLibrary/search), select ``General Search'' and enter the docket number
in the ``Docket Number'' field (i.e., CP22-25-000). Be sure you have
selected an appropriate date range. For assistance, please contact FERC
Online Support at [email protected] or toll free at (866) 208-
3676, or for TTY, contact<PHONE_NUMBER>.
    The EA is not a decision document. It presents Commission staff's
independent analysis of the environmental issues for the Commission to
consider when addressing the merits of all issues in this proceeding.
Any person wishing to comment on the EA may do so. Your comments should
focus on the EA's disclosure and discussion of potential environmental
effects, reasonable alternatives, and measures to avoid or lessen
environmental impacts. The more specific your comments, the more useful
they will be. To ensure that the Commission has the opportunity to
consider your comments prior to making its decision on this project, it
is important that we receive your comments in Washington, DC on or
before 5 p.m. Eastern Time on September 4, 2022.
    For your convenience, there are three methods you can use to file
your comments to the Commission. The Commission encourages electronic
filing of comments and has staff available to assist you at (866) 208-
3676 or [email protected]. Please carefully follow these
instructions so that your comments are properly recorded.
    (1) You can file your comments electronically using the eComment
feature on the Commission's website (www.ferc.gov) under the link to
FERC Online. This is an easy method for submitting brief, text-only
comments on a project;
    (2) You can also file your comments electronically using the
eFiling feature on the Commission's website (www.ferc.gov) under the
link to FERC Online. With eFiling, you can provide comments in a
variety of formats by attaching them as a file with your submission.
New eFiling users must first create an account by clicking on
``eRegister.'' You must select the type of filing you are making. If
you are filing a comment on a particular project, please select
``Comment on a Filing''; or
    (3) You can file a paper copy of your comments by mailing them to
the Commission. Be sure to reference the project docket number (CP22-
25-000) on your letter. Submissions sent via the U.S. Postal Service
must be addressed to: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street NE, Room 1A, Washington, DC
20426. Submissions sent via any other carrier must be addressed to:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission,
12225 Wilkins Avenue, Rockville, Maryland 20852.
    Filing environmental comments will not give you intervenor status,
but you do not need intervenor status to have your comments considered.
Only intervenors have the right to seek rehearing or judicial review of
the Commission's decision. At this point in this proceeding, the
timeframe for filing timely intervention requests has expired. Any
person seeking to become a party to the proceeding must file a motion
to intervene out-of-time pursuant to Rule 214(b)(3) and (d) of the
Commission's Rules of Practice and Procedures (18 CFR 385.214(b)(3) and
(d)) and show good cause why the time limitation should be waived.
Motions to intervene are more fully described at https://www.ferc.gov/ferc-online/ferc-online/how-guides.
    Additional information about the project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC website (www.ferc.gov) using the eLibrary link. The eLibrary link
also provides access to the texts of all formal documents issued by the
Commission, such as orders, notices, and rulemakings.
    In addition, the Commission offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. Go to https://www.ferc.gov/

ferc-online/overview to register for eSubscription.

    Dated: August 5, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-17258 Filed 8-10-22; 8:45 am]
BILLING CODE 6717-01-P


DRAFT   For EPA Review and Comment TRP ( 9 May 03)

Analysis of " Aged" Telomer Based Polymeric Products and " In Use" Telomer Treated Articles Draft Work Plan The members of the Telomer Research Program ( TRP) 1 submitted a Letter of Intent ( LOI) 2 to EPA dated March 14, 2003 that outlined our voluntary commitment to investigate whether and how telomer based products can transform or break down into perfluorooctanoic acid ( PFOA) or its salts, and whether articles treated with such products contribute to significant human or environmental exposure to PFOA. The focus of the LOI is on research, analysis and product stewardship.

This document provides an overall work plan as a follow up to the LOI. The overall work plan is divided into four sections designed to assess both PFOA presence and potential generation in aged telomer based polymeric products and in " in use" treated articles to which the telomer based polymeric products have been applied.

Section 1 provides summary information. Section 2 examines the potential for PFOA generation from end use products over time. Additionally the issue of residual monomers, which may theoretically transform and thereby generate PFOA, will be addressed. Twelve ( 12) telomer based polymeric products will be examined covering three major market end use segments: carpet, textile, and paper.

Section 3 examines the potential in " in use" treated articles for PFOA increases or decreases, under accelerated storage conditions representative of approximately one year of ambient storage. PFOA increases or decreases due to photolysis will also be examined. If sufficiently quantifiable levels of PFOA are determined in " in use" treated articles, additional experiments to determine the change in the PFOA level under typical distribution and use will be conducted. These tests include: abrasion, washing/ laundering, dry cleaning, hot water extraction ( steam cleaning) and if appropriate, PFOA volatility. Section 4 lays out a schedule for the proposed work.

1.0 Summary The following section is separated into two sections designed to assess both PFOA presence and potential generation in " aged" telomer based polymeric products and in " in use" treated articles to which the telomer based polymeric products have been applied. This proposal addresses the TRP commitment specific in the " Letter of Intent for the Telomer Research Program" ( TRP to Mr. Stephen L. Johnson, USEPA, March 14, 2003, Docket # OPPT 2003 0012). This proposal also accommodates the timing given in the Letter of Intent as far as possible.

1 The companies participating in the TRP include Asahi Glass, Clariant GmbH, Daikin Industries, and E. I. duPont de Nemours & Company. These companies produce or import fluorotelomer based products, which are used as fluorosurfactants and surface protection chemicals. Telomers are not made from PFOA, nor is PFOA added during the manufacture or use of telomer products.

2 TRP Letter of Intent   EPA Docket # OPPT 2003 0012 0013.

Telomer Research Program Page 1 of 10 DRAFT   For EPA Review and Comment TRP ( 9 May 03)

The draft proposal describes eight separate pieces of work that were considered.

1. PFOA only in aged products ( see Section 2.2) 2. Temperature aging on treated carpet, textiles and paper ( see Section 3.4) 3. Photolytic aging on treated carpet, textiles and paper ( see Section 3.5) 4. Abrasion on treated carpet and textiles ( see Section 3.6) 5. Washing on treated textiles ( see Section 3.7) 6. Dry cleaning on treated textiles ( see Section 3.8) 7. Hot water extraction cleaning on treated carpet ( see Section 3.9) 8. PFOA Volatility ( see Section 3.10)

This outline separates the work in two sections:   Telomer based polymeric product aging ( Item 1 listed above) is described in Section 2,   Treated article " in use" ( Item 2, 3, 4, 5, 6, 7 and 8 listed above) is described in Section 3.

For these analyses, " aged" means the likely conditions our products will see under normal storage and distribution. " In use" means the conditions treated articles will see under normal distribution and use.

As each discrete work item is completed, a report will be prepared and submitted to the EPA. In addition, as part of the on going interactions with EPA, interim progress of this workstream will be reported as appropriate, including study protocols, analytical methods and test conditions. The entire proposed work plan, including final reports, is expected to be complete by early 2004.

As outlined on page 4 of the " Letter of Intent for the Telomer Research Program" ( TRP to Mr. Stephen L. Johnson, USEPA, March 14, 2003), the proposal is designed to achieve expeditious results in this tiered approach to determine whether or not PFOA releases arise from real world conditions. The specific issue of residual telomer based monomers mentioned on page 12 of the Letter of Intent will be addressed in Item 2. The issues listed on page 12 of the Letter of Intent ( i. e., leaching, degradation, " walk off", volatilization, and light exposure) are addressed for treated articles. Study outlines or rationale are presented for all of the above in this document.

All the attached work will be conducted at established laboratories. As with all TRP work, the proposed studies will be conducted with the goal of meeting EPA data quality standards.

1.1 Telomer Based Polymeric Product and Telomer Treated Article Samples Representative major telomer based polymeric products in commerce and articles treated with those telomer based polymeric products will be tested. The work outlined for this " aging/ in use" proposal follows the same rationale for sampling as described in the screening study, i. e., investigations will be conducted in the three major end use categories: carpets, textiles and paper. The primary products that the TRP members market for these applications are polymers, which represent approximately 85% of the telomer based products that the TRP members manufacture and sell globally. The telomer based polymeric product classes to be tested are those that the respective TRP member companies manufacture as actual items of commerce.

Telomer Research Program Page 2 of 10 DRAFT   For EPA Review and Comment TRP ( 9 May 03)

While there are many potential telomer based polymeric products, a relatively small number represent the primary product classes in commerce ( 12 products). The treated articles to be tested are actual carpet, textile, and paper substrates treated under representative or actual mill conditions with the subject telomer based polymeric products.

1.2 Sample Handling Procedures for Telomer Based Polymeric Products and Treated Articles At the respective TRP member manufacturing sites, representative telomer based polymeric product samples will be collected and sealed immediately. Prior to initiating sample collection, the vessels used for sample collection will be tested to assure no contamination with PFOA via the sampling process.

Samples of the 12 telomer treated articles will be collected from pilot plant facilities or from commercial manufacturing facilities Detailed procedures for collection of treated and untreated samples as well as for sample shipment will be issued as part of the detailed protocol. These procedures along with chain of custody documentation for all sample shipments will be maintained in the study records. Any deviations from these procedures will be noted and documented in the study records.

As described in the specific sections below, this document proposes triplicate analyses in each facet of telomer based polymeric product and treated article testing. The number of replicates may change as method development and validation provides further information on variability. Also, duplicate untreated controls and fortifications will be conducted where applicable. Fortifi cations are untreated control samples to which known amounts of PFOA standard solutions are added in order to demonstrate that acceptable recoveries are obtained. The analyses of fortifica tions and controls will confirm the method accuracy with every set of analyses. As no control materials are available for product analyses, the method accuracy for products will be demonstrated by conducting on each replicate a second analysis to which a known quantity of standard will be added.

2.0 Analysis of " Aged" Telomer Based Polymeric Products 2.1 Goal The goal of the product aging study is to examine the transformation of end use telomer based polymeric products for potential PFOA generation that might occur through storage and/ or use of the product over time.

2.2 PFOA Analyses The only compound which will be monitored in this tier is PFOA.

The 12 telomer based polymeric products cited above will be tested to determine the level of PFOA formation or decline over conditions representative of one year of shelf life. The products Telomer Research Program Page 3 of 10 DRAFT   For EPA Review and Comment TRP ( 9 May 03)

will be stored at 45 ° C and triplicate samples will be analyzed at the following time intervals: 0 day, 2 weeks, 6 weeks, and 12 weeks.

The temperature of 45 ° C was selected to accelerate the aging process by simulating 12 months of room temperature shelf conditions using higher temperatures for a shorter period of time. The assumption is that the fairly moderate temperature of 45 ° C will create degradation patterns similar to those typical at room temperature. Samples of each product will be held at ambient temperature and/ or at 4 ° C as a potential reference points should they be required.

3.0 Analysis of " In Use" Telomer Treated Articles 3.1 Goal To examine " in use" treated articles for potential PFOA generation that might occur through normal use.

3.2 Assumptions and Study Plans 1. The analyte of interest is PFOA.

2. Accelerated Aging at 45 ° C of carpet, textiles and paper is targeted to determine if PFOA levels, increase or decrease relative to day zero levels, in a closed system. Using the supposition that every increase of 10 ° C doubles the rate of reaction, the use of 45 ° C over 12 weeks simulates about 1 year of storage at 25 ° C. This temperature accelerated aging approach should simulate ambient temperature mechanistic processes. Additional samples will be maintained at ambient temperature and may be analyzed depending upon the outcome from the 45 ° C accelerated sample analyses.

3. Photolysis at ambient temperature of carpet, textiles and paper is targeted to determine whether PFOA levels, increase or decrease relative to day zero levels, in a closed system.

4. It should be noted that accelerated aging at 45 ° C and photolysis experiments are designed to determine if PFOA increases or decreases over time in " in use" articles in closed systems. Other proposed testing such as abrasion, washing, dry cleaning and hot water extraction cleaning are targeted to determine changes in PFOA levels on the initial treated article. Abrasion, washing, dry cleaning and hot water extraction cleaning will only be evaluated if sufficiently quantifiable levels of PFOA are detected in the treated article.

5. Two Tiered Study Plan The first tier of this study plan is to determine the level of PFOA at day zero in treated carpet, textiles and paper and if these levels increase or decrease under accelerated storage conditions equivalent to about one year of ambient storage ( see Section 3.4), and photolytic conditions ( See Section 3.5). The second tier will be initiated if significant levels of PFOA are determined to be present in treated articles previously analyzed or day zero samples employed in the elevated temperature or photolysis experiments. The purpose of the second tier is to determine if PFOA increases or decreases under expected use conditions exemplified by Telomer Research Program Page 4 of 10 DRAFT   For EPA Review and Comment TRP ( 9 May 03)

abrasion, washing dry cleaning, dry cleaning and hot water extraction cleaning ( sometimes referred to as " steam cleaning").

6. Below is a summary of the planned testing by treated article type. It is currently planned that representative " in use" treated articles representative of the twelve telomer based polymeric products will be initially evaluated at elevated temperature ( 45 ° C) and by photolysis. The plan consists of twelve different treated articles: carpet ( 4 articles), textiles ( 6 articles) and paper ( 2 articles). Additionally, if sufficiently quantifiable levels of PFOA are present in the " in use" treated articles, then the studies to determine if PFOA levels increase or decrease in treated articles under the proposed in use conditions will be initiated. If insufficient levels of PFOA are found in the " in use" treated articles, no additional testing will be conducted.

3.3 Summary of Treated Article Testing by Specimen Carpet Textile Paper Elevated Temperature Elevated Temperature Elevated Temperature Light ( Photolysis) Light ( Photolysis) Light ( Photolysis) Abrasion ( walk off) * Abrasion ( walk off) * n/ a n/ a Washing * n/ a n/ a Drycleaning* n/ a Hot water extraction * n/ a n/ a PFOA volatility ** PFOA volatility ** PFOA volatility** * Only conducted if significant PFOA levels are found in " in use" treated articles n/ a not applicable. ** Rationale attached in 3.10.

3.4 Accelerated Aging of Treated Articles at Elevated Temperature Study Rationale: This test will determine if PFOA levels increase or decrease in treated articles over time at elevated temperature.

Summary of Test: Treated samples of carpet, textiles and paper will be analyzed for detectable levels of PFOA. Samples will then be subject to accelerated aging in closed containers at 45 ° C with periodic " whole container" analysis for PFOA over a time period of 12 weeks ( equivalent to approximately 1 year at 25 ° C). Additional samples will be maintained at ambient temperature in parallel for analysis depending upon the results from the elevated temperature work. The use of closed, whole container analysis should represent the cumulative effect of aging over time. At each sampling interval, control samples stored at ambient temperature and fortifications will be analyzed.

Treated Articles representing the 12 telomer based polymeric products will be tested: Treated Articles tested: Carpet ( 4 articles), Textiles ( 6 articles), and Paper ( 2 articles). Replicates: Each article will be run in triplicate at each sampling interval.

An identical set of samples will be maintained at ambient temperature.

Telomer Research Program Page 5 of 10 DRAFT   For EPA Review and Comment TRP ( 9 May 03)

Treated Samples Weeks at 45 ° C Sampling Intervals ( days) 0 day 6 weeks 12 weeks Total Analyses Total Analyses  Carpet * 28 28 28 84 Total Analyses  Textile* 42 42 42 126 Total Analyses  Paper* 14 14 14 42 Sum of all analyses 84 84 84 252 * Includes two controls and fortifications per article 3.5 Accelerated Aging of Treated Articles via Photolysis Study Rationale: This test will determine if PFOA levels increase or decrease in treated articles over time by exposure to light.

Summary of Test: Treated samples of carpet, textiles and paper will be analyzed for detectable levels of PFOA. Samples will then be subject to Xenon lamp irradiation in closed containers at 25 ° C with whole container analysis for PFOA. Non irradiated untreated samples will be fortified with PFOA; these fortifications along with the non irradiated, untreated controls will be analyzed simultaneously with the samples ( both non irradiated and irradiated) to demonstrate that acceptable recoveries are obtained. The " ASTM's Paper Aging Research Program" ( report March 12, 2002 version) found that natural sunlight paper brightness loss ( yellowing) could be correlated with that of the Xenon lamp when the Xenon lamp time scale was multiplied by 300. Therefore one Xenon lamp irradiation day is equivalent to about 1 year of natural sunlight.

Analysis Design: For each treated article sub type, each set of analyses will include the following: 3 replicates of the treated article without any additional treatment ( day 0) 3 replicates of the treated article irradiated for about 24 hours 2 non treated, non irradiated control samples 2 non treated, non irradiated control samples fortified at two levels Twelve Treated Articles representing the 12 telomer based polymeric products will be tested: Articles tested: Carpet ( 4 articles), Textiles ( 6 articles), and Paper ( 2 articles). Replicates: Each article will be run in triplicate at each sampling interval.

Treated Samples Hours of Xenon Lamp Irradiation Sampling Interval ( hours) 0 + 24 hours Total Analyses  Carpet * 40 Total Analyses  Textile* 60 Total Analyses  Paper* 20 Sum of all analyses 120 * Includes two controls and fortifications per article.

Telomer Research Program Page 6 of 10 DRAFT   For EPA Review and Comment TRP ( 9 May 03)

Based on the information generated on the above mentioned samples, TRP may elect to conduct additional testing on irradiated untreated articles.

3.6 Abrasion Carpet and Textiles are appropriate treated articles. This test is not appropriate for paper. The purpose of this test is to determine if PFOA residues in the " in use" treated article would be changed as a result of abrasion. This test will only be conducted if sufficiently quantifiable PFOA is present in the treated article.

Currently AATCC Test Method 119 1994, " Color Change Due to Flat Abrasion ( Frosting): Screen Wire Method is the intended method to evaluate abrasion on textiles. Levels of PFOA before and after abrasion will be measured. AATCC = American Association of Textile Chemists and Colorists The Vetterman Drum test ( ISO/ TR 10361) is currently proposed for carpet. ISO = International Standards Organization Analysis Design: For each treated article sub type, each set of analyses will include the following: 3 replicates of the treated article without any additional treatment ( day 0) 3 replicates of the treated article after abrasion 2 non treated, non abraded control samples 2 non treated, non abraded control samples fortified at two levels Ten Treated Articles representing the 10 telomer based polymeric product will be tested: Treated Articles tested: Carpet ( 4 articles), Textiles ( 6 articles) Replicates: Each article will be run in triplicate at each sampling interval Article Before and After Abrasion Total Carpet analyses* 40 Total Textile analyses* 60 Total analyses 100 * Two controls and two fortifications per article tested, includes controls and fortifications 3.7 Washing/ Laundering Textile is a representative sample for washing/ laundering evaluation. If there is sufficient PFOA residues in the six treated textile articles, then washing three treated articles per textile will be considered. Treated articles will be analyzed before and after washing. This test will only be conducted if sufficiently quantifiable PFOA is present in the treated article.

AATCC Test Method 135 1995, " Dimensional Changes in Automatic Home Laundering of Woven and Knit Fabrics" is the intended method to evaluate textile washing. Although this method recommends the use of four temperatures, three agitation cycles, and four drying procedures, one representative set of conditions will be chosen initially for use in this test. AATCC = American Association of Textile Chemists and Colorists Telomer Research Program Page 7 of 10 DRAFT   For EPA Review and Comment TRP ( 9 May 03)

Analysis Design: For each treated article sub type, each set of analyses will include the following: 3 replicates of the treated article without any additional treatment ( before) 3 replicates of the treated article after washing 2 non treated, non washed control samples 2 non treated, non washed control samples fortified at two levels Six Treated Articles representing the 6 telomer based polymeric products will be tested: Treated Articles tested: Textiles ( 6 articles) Replicates: Each article will be run in triplicate at each sampling interval Article Before and After Washing Total Textile analyses* 60 * Two controls and two fortifications per article tested, includes controls and fortifications 3.8 Dry Cleaning Textiles are the appropriate treated articles for this evaluation. The purpose of this test is to determine if PFOA residues in the article would be changed as a result of dry cleaning. This test will only be conducted if sufficiently quantifiable PFOA is present in the treated article.

AATCC Test Method 132 1998, " Colorfastness to Drycleaning", is the intended method to evaluate drycleaning. Levels of PFOA before and after dry cleaning will be measured. AATCC = American Association of Textile Chemists and Colorists Analysis Design: For each treated article sub type, each set of analyses will include the following: 3 replicates of the treated article without any additional treatment 3 replicates of the treated article after dry cleaning 2 non treated, non dry cleaned control samples 2 non treated, non dry cleaned control samples fortified at two levels Six Treated Articles representing the 6 telomer based polymeric products will be tested: Treated Articles tested: Textiles ( 6 articles) Replicates: Each article will be run in triplicate at each sampling interval Article Before and After Drycleaning Total Textile analyses* 60 * Two controls and two fortifications per article tested, includes controls and fortifications 3.9 Hot Water Extraction Method Carpet is the appropriate treated article for evaluation. This test will only be conducted if sufficiently quantifiable PFOA is present in the treated article.

Telomer Research Program Page 8 of 10 DRAFT   For EPA Review and Comment TRP ( 9 May 03)

If there is sufficient PFOA in the four carpet articles then hot water extraction of carpets in triplicate will be considered for those articles. Carpet will be analyzed for PFOA residues before and after treatment.

AATCC Test Method 171 1995, " Carpets: Cleaning of; Hot Water Extraction Method" is the intended method to evaluate carpet cleaning.

Analysis Design: For each treated article sub type, each set of analyses will include the following: 3 replicates of the treated article without any additional treatment ( before) 3 replicates of the treated article after hot water extraction 2 non treated, non extracted control samples 2 non treated, non extracted control samples fortified at two levels Four Treated Articles representing the 4 telomer based polymeric products will be tested: Treated Articles tested: Carpet ( 4 articles) Replicates: Each article will be run in triplicate at each sampling interval Article Before and After Cleaning Total Carpet analyses* 40 * Two controls and two fortifications per article tested, includes controls and fortifications 3.10 PFOA Volatility The results of the report, " Impinger Studies of Volatility of FC 95 and FC 143" ( EPA reference docket number 3M AR226, June 28, 2001), state that solid PFOA" is not volatile or has a very low vapor pressure as a solid". The report concludes that the vapor pressure must be below 1 x 10 7 torr based on method sensitivity. Therefore, one could argue that PFOA is not volatile.

PFOA volatility from aqueous solutions containing low levels of quaternary ammonium salts was determined in the report titled, " Impinger Studies of Volatility of FC 95 and FC 143". FC 95 is PFOA. Bubbling air through 10 ppm ( mg/ kg) PFOA aqueous solutions over 280 minutes at flow rate of 1 liter/ min for a total volume of 280 liters showed that on average about 92% of the sample was accounted for in solution.

In addition, the TRP is currently conducting an on going screening study in products and articles and other work on the potential release of PFOA from telomer treated article manufacture will be conducted by the TRP as described in the Letter of Intent. If unexplained dramatic reductions in PFOA levels occur in these tests, the issue of volatility may be investigated further.

4.0 Schedule April   May 2003   Developed draft work plan for telomer based polymeric product aging and treated article " in use" simulation Telomer Research Program Page 9 of 10 DRAFT   For EPA Review and Comment TRP ( 9 May 03)

Telomer Research Program Page 10 of 10 May   June 2003   Prepare individual draft protocols for PFOA analysis on aged telomer based polymeric products and treated article " in use" and locate suitable laboratories July   August 2003   Initiate elevated temperature studies on telomer based polymeric products and treated articles   Review data on PFOA in treated articles prior to in use simulation and assess the need and viability of conducting abrasion, dry cleaning, washing, steam cleaning, and volatility studies,   Initiate article " in use" studies if appropriate September 2003   Initiate photolysis study on treated articles.   Complete validation of procedures to be used at the " in use" laboratories November 2003   Submit Photolysis report January 2004   Submit Elevated Temperature reports   Submit " in use" reports


[Federal Register Volume 77, Number 219 (Tuesday, November 13, 2012)]
[Notices]
[Pages 67640-67641]
[FR Doc No: 2012-27497]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

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

    Docket Numbers: EC13-30-000.
    Applicants: Canadian Hills Wind, LLC, Canadian Hills Holdings
Company, LLC.
    Description: Application for Authorization Under Section 203 of the
FPA for Disposition of Jurisdictional Facilities and Request for
Expedited Consideration and Confidential Treatment of Canadian Hills
Wind, LLC, et al.
    Filed Date: 11/2/12.
    Accession Number: 20121102-5083.
    Comments Due: 5 p.m. ET 11/23/12.

    Docket Numbers: EC13-31-000.
    Applicants: New York State Electric & Gas Corporation.
    Description: Application for Authorization Under Section 203 of the
FPA and Request for Waivers and Expedited Action of New York State
Electric & Gas Corporation.
    Filed Date: 11/1/12.
    Accession Number: 20121101-5192.
    Comments Due: 5 p.m. ET 11/23/12.

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

    Docket Numbers: ER11-3084-004; ER11-2954-003; ER10-1277-003; ER10-
1186-003; ER11-3097-004; ER10-1211-003; ER10-1212-003; ER10-1188-003;
ER11-4626-002; ER10-1329-004; ER10-1187-002.
    Applicants: The Detroit Edison Company, DTE Calvert City, LLC, DTE
East China, LLC, DTE Energy Supply, Inc., DTE Energy Trading, Inc., DTE
Pontiac North, LLC, DTE River Rouge No. 1, L.L.C., DTE Stoneman, LLC,
Mt. Poso Cogeneration Company, LLC, St. Paul Cogeneration, LLC,
Woodland Biomass Power Ltd.
    Description: Notice of Change in Status of The Detroit Edison
Company, et al.
    Filed Date: 10/31/12.
    Accession Number: 20121031-5417.
    Comments Due: 5 p.m. ET 11/21/12.

    Docket Numbers: ER11-4711-002.
    Applicants: R&R Energy, Inc.
    Description: R&R Compliance Filing 103012 to be effective 12/31/
2012.
    Filed Date: 11/2/12.
    Accession Number: 20121102-5006.
    Comments Due: 5 p.m. ET 11/23/12.

    Docket Numbers: ER12-911-002.
    Applicants: CPV Sentinel, LLC.
    Description: Notice of Change in Facts of CPV Sentinel, LLC.
    Filed Date: 10/31/12.
    Accession Number: 20121031-5416.
    Comments Due: 5 p.m. ET 11/21/12.

    Docket Numbers: ER13-29-001.
    Applicants: BITH Solar 1, LLC.
    Description: Amendment of Pending Filing 1 to be effective 12/1/
2012.
    Filed Date: 11/2/12.
    Accession Number: 20121102-5005.
    Comments Due: 5 p.m. ET 11/23/12.

    Docket Numbers: ER13-48-001.
    Applicants: BITH Energy, Inc.
    Description: Amendment of Pending Tariff Filing 1 to be effective
12/1/2012.
    Filed Date: 11/2/12.
    Accession Number: 20121102-5004.
    Comments Due: 5 p.m. ET 11/23/12.

    Docket Numbers: ER13-286-000.
    Applicants: AEP Generating Company.
    Description: Unit Power Agreements Amendment to be effective 12/31/
2012.
    Filed Date: 11/1/12.
    Accession Number: 20121101-5114.
    Comments Due: 5 p.m. ET 11/23/12.

    Docket Numbers: ER13-287-000.
    Applicants: AEP Texas Central Company.
    Description: TCC-IPA Coleto Creek-South Texas EC GIA Cancellation
to be effective 7/20/2012.
    Filed Date: 11/1/12.
    Accession Number: 20121101-5120.
    Comments Due: 5 p.m. ET 11/23/12.

    Docket Numbers: ER13-288-000.
    Applicants: Entergy Arkansas, Inc.
    Description: Attachment Y--Transmission Service Monitoring
Agreement to be effective 12/1/2012.
    Filed Date: 11/1/12.
    Accession Number: 20121101-5144.
    Comments Due: 5 p.m. ET 11/23/12.

    Docket Numbers: ER13-289-000.
    Applicants: Ri-Corp. Development, Inc.
    Description: RDC Tariff to be effective 11/2/2012.
    Filed Date: 11/1/12.
    Accession Number: 20121101-5158.
    Comments Due: 5 p.m. ET 11/23/12.

    Docket Numbers: ER13-290-000.
    Applicants: Michigan Power Limited Partnership.
    Description: Revision to Market-Based Rate Tariff to be effective
11/2/2012.
    Filed Date: 11/1/12.
    Accession Number: 20121101-5161.
    Comments Due: 5 p.m. ET 11/23/12.

    Docket Numbers: ER13-291-000.
    Applicants: EnergyMark, LLC.
    Description: EnergyMark MBR Application to be effective 1/2/2013.
    Filed Date: 11/2/12.
    Accession Number: 20121102-5023.
    Comments Due: 5 p.m. ET 11/23/12.

    Docket Numbers: ER13-292-000.
    Applicants: EBC Energy, LLC.
    Description: EBC Energy, LLC submits tariff filing per 35.12: EBC
Energy LLC, FERC Electric Tariff to be effective 12/19/2013.
    Filed Date: 11/2/12.
    Accession Number: 20121102-5032.
    Comments Due: 5 p.m. ET 11/23/12.

    Docket Numbers: ER13-293-000.
    Applicants: ISO New England Inc.
    Description: ISO New England Inc. submits tariff filing per
35.13(a)(2)(iii: 2013 NESCOE Budget to be effective 1/1/2013.
    Filed Date: 11/2/12.
    Accession Number: 20121102-5033.
    Comments Due: 5 p.m. ET 11/23/12.

    Docket Numbers: ER13-294-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc.
submits tariff filing per 35.13(a)(2)(iii: SA 2486 Bison T-T to be
effective 11/3/2012.
    Filed Date: 11/2/12.
    Accession Number: 20121102-5036.
    Comments Due: 5 p.m. ET 11/23/12.

    Docket Numbers: ER13-295-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc. submits tariff filing per
35.13(a)(2)(iii: 2486 ITC Great Plains/NPPD/Midwest Interconnection
Agreement to be effective 12/31/9998.
    Filed Date: 11/1/12.
    Accession Number: 20121101-5186.
    Comments Due: 5 p.m. ET 11/23/12.

    Docket Numbers: ER13-296-000.

    Applicants: Air Energy TCI, Inc.
    Description: Air Energy TCI, Inc. submits Petition for Waiver of
Tariff Requirements for generator interconnection.
    Filed Date: 11/1/12.
    Accession Number: 20121101-5195.
    Comments Due: 5 p.m. ET 11/23/12.

    Docket Numbers: ER13-297-000.
    Applicants: Arizona Public Service Company.
    Description: Arizona Public Service Company submits tariff filing
per 35.13(a)(2)(iii: Amendment One to Exhibit B.SGR of APS Rate
Schedule No. 217 to be effective 1/1/2013.
    Filed Date: 11/2/12.
    Accession Number: 20121102-5082.
    Comments Due: 5 p.m. ET 11/23/12.

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

    Dated: November 02, 2012.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2012-27497 Filed 11-9-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 46 (Tuesday, March 10, 2015)]
[Notices]
[Pages 12697-12698]
[FR Doc No: 2015-05500]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Emergency Locator Transmitters (ELTs)

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice recommending voluntary change to securing existing ELTs
as specified in Technical Standard Order (TSO)-C126b, 406MHz Emergency
Locator Transmitter.

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SUMMARY: FAA evaluated five separate courses of action with regard to
the airworthiness approvals for securing ELTs with hook and loop
fasteners. This notice summarizes the inadequacies of hook and loop
fasteners as a means for securing ELTs, and avoids placing an undue
burden on aircraft owners while acknowledging the voluntary efforts of
ELT manufacturers to improve designs.

DATES: Comments must be received on or before April 9, 2015.

FOR FURTHER INFORMATION CONTACT: Ms. Charisse R. Green, AIR-131,
Federal Aviation Administration, 470 L'Enfant Plaza, Suite 4102,
Washington, DC 20024. Telephone<PHONE_NUMBER>, fax<PHONE_NUMBER>,
email to<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    Investigations of some recent aircraft accidents disclosed that
ELTs mounted with hook and loop fasteners became dislodged from their
mounting trays on impact. The separation of those ELTs from their
mounting trays caused their antenna connection to sever, thus rendering
the ELTs to be ineffective and unable to perform their intended
function.
    The FAA Modernization and Reform Act of 2012 (Pub. L. 112-95),
Section 347(b)(1), required the FAA to determine if the ELT mounting
requirements and retention tests specified by TSO-C91a and TSO-C126
were adequate to assess retention capabilities in ELT designs. Based on
the determination, the Act, in Section 347(b)(2), required the
Administrator to make any necessary revisions to the requirements and
retention test to ensure ELTs remained properly retained in the event
of an aircraft accident.
    The FAA evaluated the mounting requirements and retention tests
specified in TSO-C91a, TSO-C126, and TSO-C126a. After this evaluation,
the FAA determined these standards did not adequately address the use
of hook and loop fasteners. Hook and loop fasteners were not an
acceptable means of compliance to meet the mounting and retention
requirements of the ELT TSOs. While the evaluation of installation
approval using hook and loop fasteners may meet the TSO requirements
for retention forces in laboratory conditions, accident investigations
found these fasteners did not perform their intended function.

FAA Concerns

    The agency identified the following concerns after completing its
evaluation of the use of hook and loop fasteners:
    (1) Hook and loop fasteners fail to retain the ELT when
insufficient tension is applied to close the fastener. There is no
repeatable method for installation and no method to evaluate the
tension of the hook and loop fastener. The allowance for pilots to
secure ELTs to the aircraft when changing ELT batteries

further increases the potential for inconsistent and unsatisfactory
installations;
    (2) Hook and loop fasteners closed with proper tension may stretch
or loosen over time due to wear, fluids, vibration, and repeated use,
leading to insufficient tension to retain the ELT;
    (3) Hook and loop fasteners closed with proper tension do not
provide stated retention capability due to debris which can contaminate
the hooks and loops of the fastener; and
    (4) Hook and loop fasteners closed with proper tension degrade due
to environmental factors such as repeated heating and cooling cycles,
temperature extremes, and contamination resulting from location in
equipment areas.

FAA Actions

    After publishing our initial intent to withdraw the TSO
Authorizations (TSOA) for TSO-C91a, and TSO-C126/126a (See 135 FR
41,473 (2012)), the FAA considered five courses of action to mitigate
safety concerns with the use of hook and loop fasteners to retain ELTs.
These actions addressed design, production, and airworthiness approvals
for both the TSO and retrofit for existing installations. Below is a
summary of the actions and their outcomes:
    (1) Recommendation to revise Installation and Maintenance manuals.
The FAA published a Safety Awareness Information Bulletin (SAIB) HQ-12-
32, Hook and Loop Style Fasteners as a Mounting Mechanism for Emergency
Locator Transmitters, on May 23, 2012. The SAIB outlined actions ELT
manufacturers could take to improve their installation and maintenance
instructions to mitigate the concerns with hook and loop retention.
    (2) Revised TSO-C126a for 406 MHz ELTs. The FAA published TSO-
C126b, 406 MHz Emergency Locator Transmitters, on November 26, 2012.
The TSO precluded the use of hook and loop fasteners as a primary means
of securing an ELT in its mounting tray for future ELT designs. TSO-
C91a was previously cancelled, and a revision was not needed.
    (3) Determined need for an Airworthiness Directive to correct ELTs
with hook and loop fasteners. The FAA accomplished a Corrective Action
Review Board (CARB) to determine if existing airworthiness approvals
and existing Technical Standard Order authorizations required 14 CFR
part 39 Airworthiness Directive (AD) action. The CARB determined an AD
was not warranted.
    (4) Cease airworthiness approval of ELTs with hook and loop
fasteners. Not necessary. Manufacturers with ELT designs incorporating
hook and loop fasteners which failed to perform their intended function
in accidents either have revised or are in the process of revising
their designs, minimizing the need for policy in this area.
    (5) Withdrawal of ELT TSO Authorizations. Not pursued.
Manufacturers with ELT designs incorporating hook and loop fasteners
that failed to perform their intended function have either revised or
are revising their designs, minimizing the need for this action.

Conclusion

    The FAA issued an SAIB providing ELT installation and maintenance
guidance and revised TSO-C126a to eliminate hook and loop fasteners
from future TSO designs. The FAA is not issuing an airworthiness
directive or a policy disallowing installation approval of ELTs that
use hook and loop fasteners. Lastly, the FAA decided not to take the
action of withdrawing the TSO authorizations of ELTs utilizing hook and
loop fasteners as a mounting mechanism, but ask those aircraft owners/
operators with ELTs secured with hook and loop fasteners in their
aircraft to voluntarily switch to a metal strap type restraint method.
Therefore, the proposed June 30, 2014 date for TSOA withdrawals is no
longer applicable.

    Issued in Washington, DC, on March 4, 2015.
Susan J.M. Cabler,
Acting Manager, Design, Manufacturing, and Airworthiness Division,
Aircraft Certification Service.
[FR Doc. 2015-05500 Filed 3-9-15; 8:45 am]
 BILLING CODE 4910-13-P


Kloverpris, Wenzel and Nielsen, 2008, Life Cycle Inventory Modelling of
Land Use Induced by Crop Consumption, International Journal of Life
Cycle Assessment, 13(1): 13-21

This document has been copyrighted and is not available in the
electronic docket.  Parties that wish to view a hard copy of this
document can do so at the at the EPA Docket Center:  Air and Radiation
Docket and Information Center, EPA/DC, EPA West, Room 3334, 1301
Constitution Ave., NW, Washington DC.  The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays.  The telephone number for the Public Reading Room is (202)
566-1744, and the telephone number for the Air Docket is<PHONE_NUMBER>.