[Federal Register: July 3, 2008 (Volume 73, Number 129)]
[Notices]
[Page 38272-38274]
[DOCID:fr03jy08-113]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58040; File No. SR-NYSE-2008-50]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
To Amend NYSE Rule 104.10 To Extend the Duration of the Pilot Program
Applicable to Conditional Transactions in All Securities to September
30, 2008

June 26, 2008.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule19b-4 thereunder,\2\ notice is hereby given that
on June 23, 2008, the New York Stock Exchange LLC (``NYSE'' or the
``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.
The Exchange has designated the proposed rule change as a ``non-
controversial'' proposed rule change pursuant to Section 19(b)(3)(A) of
the Act \3\ and Rule 19b-4(f)(6) thereunder,\4\ which renders the
proposal effective upon filing with the Commission. 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).
    \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 proposes to amend NYSE Rule 104.10 to extend the
duration of the pilot program applicable to Conditional Transactions as
defined in Rule 104.10(6)(i) in all securities to September 30, 2008.
The text of the proposed rule change is available at NYSE, http://
www.nyse.com, 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, 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 is proposing to amend NYSE Rule 104.10 to extend the
duration of the pilot program applicable to Conditional Transactions as
defined in Rule 104.10(6)(i) in all securities for an additional three
months until September 30, 2008.
    On October 26, 2007, the Commission approved the ability of NYSE
specialists to effect Conditional Transactions pursuant to NYSE Rule
104.10(6) in all securities traded on the NYSE to operate as a pilot
through March 31, 2008 (the ``Conditional Transaction Pilot'').\5\
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 56711 (October 26,
2007), 72 FR 62504 (November 5, 2007) (SR-NYSE-2007-83). The Pilot
was extended for an additional three months until June 30, 2008. See
Securities Exchange Act Release No. 57592 (April 1, 2008), 73 FR
18836 (April 7, 2008) (SR-NYSE-2008-23).
---------------------------------------------------------------------------

(a) Current Conditional Transaction Pilot
    Conditional Transactions are specialists' transactions that
establish or increase a position and reach across the market to trade
as the contra-side to the Exchange published bid or offer. Under the
current Conditional Transaction Pilot, NYSE specialists are allowed to
effect Conditional Transactions in all securities traded on the NYSE
until June 30, 2008.
    When a specialist effects a Conditional Transaction, he or she has
obligations to re-enter the market on the opposite side from which the
specialist effected his or her Conditional Transaction pursuant to the
rule. Specifically, pursuant to NYSE Rule 104.10(6)(ii),
``appropriate'' re-entry means ``re-entry on the opposite side of the
market at or before the price participation point or the `PPP.' '' \6\
Depending on the type of Conditional Transaction, a specialist's
obligation to re-enter may be immediate or subject to the same re-entry
conditions of Non-Conditional Transactions.\7\ Conditional

Transactions are subject to a specialist's overall negative
obligation.\8\ As a condition of operating the Conditional Transaction
Pilot, the Exchange committed to providing the Commission with data
related to specialist executions of Conditional Transactions. The
Exchange has provided the Commission's Division of Trading and Markets
and Office of Economic Analysis with statistics related to market
quality, specialist trading activity and sample statistics for the
months of November 2007 through May 2008. The data includes the daily
Consolidated Tape volume in shares, daily number of trades, daily high-
low volatility in basis points, and daily close price in dollars.
---------------------------------------------------------------------------

    \6\ NYSE Rule 104.10(6)(iii)(a) provides that the PPP identifies
the price at or before which a specialist is expected to re-enter
the market after effecting a Conditional Transaction. PPPs are only
minimum guidelines and compliance with them does not guarantee that
a specialist is meeting its obligations. The Exchange issued
guidance regarding PPPs in January 2007. See NYSE Member Education
Bulletin 2007-1 (January 18, 2007).
    \7\ NYSE Rule 104.10(6)(iii)(c) provides that immediate re-entry
is required after the following Conditional Transactions:
    (I) A purchase that (1) Reaches across the market to trade with
an Exchange published offer that is above the last differently
priced trade on the Exchange and above the last differently priced
published offer on the Exchange, (2) is 10,000 shares or more or has
a market value of $200,000 or more, and (3) exceeds 50% of the
published offer size.
    (II) A sale that (1) Reaches across the market to trade with an
Exchange published bid that is below the last differently priced
trade on the Exchange and below the last differently priced
published bid on the Exchange, (2) is 10,000 shares or more or has a
market value of $200,000 or more, and (3) exceeds 50% of the
published bid size.
    Pursuant to current NYSE Rule 104.10(6)(iv), Conditional
Transactions that involve:
    (a) A specialist's purchase from the Exchange published offer
that is priced above the last differently-priced trade on the
Exchange or above the last differently-priced published offer on the
Exchange; and
    (b) A specialist's sale to the Exchange published bid that is
priced below the last differently-priced trade on the Exchange or
below the last differently-priced published bid on the Exchange are
subject to the re-entry requirements for Non-Conditional
Transactions pursuant to Rule 104.10(5)(i)(a)(II)(c).
    NYSE Rule 104.10(5)(i)(a)(II)(c) provides:
    Re-entry Obligation Following Non-Conditional Transactions--The
specialist's obligation to maintain a fair and orderly market may
require re-entry on the opposite side of the market trend after
effecting one or more Non-Conditional Transactions. Such re-entry
transactions should be commensurate with the size of the Non-
Conditional Transactions and the immediate and anticipated needs of
the market.
    \8\ The negative obligation, which is part of NYSE Rule 104,
requires that specialists restrict their dealings so far as
practicable to those reasonably necessary to permit the specialists
to maintain a fair and orderly market. Specifically, NYSE Rule
104(a) provides:
    No specialist shall effect on the Exchange purchases or sales of
any security in which such specialist is registered, for any account
in which he, his member organization or any other member, allied
member, or approved person, (unless an exemption with respect to
such approved person is in effect pursuant to Rule 98) in such
organization or officer or employee thereof is directly or
indirectly interested, unless such dealings are reasonably necessary
to permit such specialist to maintain a fair and orderly market, or
to act as an odd-lot dealer in such security.
---------------------------------------------------------------------------

    The Exchange continues to calculate the specialist's profit on
round-trip Hit Bid and Take Offer (``HB/TO'') executions. This is
accomplished by measuring the specialist's profit on HB/TO activity by
taking the round-trip trading profits for all HB/TO trades where the
specialist executes an offsetting trade within 30 seconds. In cases
where the volume of the offsetting execution is less than the size of
the HB/TO execution, the calculation will only include profits realized
within the 30-second window.
    The Exchange continues to calculate the quote-based specialist re-
entry ratio. Each re-entry price level is categorized and reported
separately. In addition, the Exchange continues to provide the
Commission with data related to the average realized spread on
specialist HB/TO executions. These calculations are done using the same
formula as SEC Rule 605. Specifically, the average realized spread is a
share-weighted average of realized spreads. For specialist buys, it is
double the amount of difference between the execution price and the
midpoint of the consolidated best bid and offer five minutes after the
time of HB/TO execution. For specialist sells, it is double the amount
of difference between the midpoint of the consolidated best bid and
offer five minutes after the time of HB/TO execution and the execution
price.
    The Exchange will continue to provide all the aforementioned
information to the Commission on or before the 15th of the calendar
month directly following the data month. The Exchange will maintain
average measures for each stock-day during a particular month in order
to provide such information to the Commission upon request.
    Furthermore, NYSE Regulation, Inc. (``NYSER'') believes that it has
appropriate surveillance procedures in place to surveil for compliance
with the negative obligations of specialists. NYSER monitors, using a
pattern-and-practice and/or outlier approach, specialist activity that
appears to cause or exacerbate excessive price movement in the market
(since such transactions would appear to be in violation of a
specialist's negative obligation). In this connection, NYSER continues
to surveil for specialist compliance with the PPP re-entry
requirements, and, based on its reviews of surveillance data to date,
has not identified significant compliance issues. The Division of
Market Surveillance of NYSER also monitors specialist trading to
cushion such price movements.
(b) Conclusion
    The Exchange believes that an extension of the current Conditional
Transaction Pilot program will continue to provide NYSE specialists
with the flexibility to compete and to efficiently and systematically
trade and quote in their securities as well as equip them to fluidly
manage their risk.
    In view of the above, the NYSE believes it is appropriate to extend
the operation of the Conditional Transaction Pilot program for an
additional three months until September 30, 2008.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the requirement under Section 6(b)(5) \9\ of the Act that an
Exchange have rules that are 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. The proposed
rule change also is designed to support the principles of Section
11A(a)(1) \10\ in that it seeks to assure economically efficient
execution of securities transactions. The Exchange believes that
extending the operation of the Conditional Transaction Pilot will
provide specialists with the required flexibility to compete, thus
adding value to the Exchange market by encouraging specialists to
continue to commit capital. Ultimately, the Exchange believes that the
Conditional Transaction Pilot benefits the marketplace by allowing
specialists to manage their risk and, therefore, provides them with the
ability to increase the liquidity they provide at prices outside the
best bid and offer, as well as meet their obligation to bridge
temporary gaps in supply and demand and dampen volatility.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b)(5).
    \10\ 15 U.S.C. 78k-1(a)(1).
---------------------------------------------------------------------------

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 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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    The proposed rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \11\ and Rule 19b-4(f)(6) thereunder \12\
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 filing, or such
shorter time as the Commission may designate if consistent with the
protection of investors and the public interest.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) normally may
not become operative prior to 30 days after the date of filing.\13\
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 has asked the
Commission to waive the 30-day operative delay, as specified in Rule
19b-4(f)(6)(iii),\14\ which would make the rule change effective and
operative upon filing. The Commission believes that waiving the 30-day
operative delay is consistent with the protection of investors and the
public interest because such waiver would allow the Conditional
Transaction Pilot to continue without interruption through September
30, 2008 and provide the Exchange and the Commission additional time to
evaluate the pilot.\15\ Accordingly, the Commission designates the
proposed rule change effective and operative upon filing with the
Commission.
---------------------------------------------------------------------------

    \13\ 17 CFR 240.19b-4(f)(6)(iii). In addition, Rule 19b-
4(f)(6)(iii) requires the self-regulatory organization to give the
Commission 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. NYSE has satisfied this requirement.
    \14\ 17 CFR 240.19b-4(f)(6)(iii).
    \15\ For purposes only of waiving the operative delay for this
proposal, the Commission has 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 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.

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-NYSE-2008-50 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSE-2008-50. 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 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 publicly available. All
submissions should refer to File Number SR-NYSE-2008-50 and should be
submitted on or before July 24, 2008.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
---------------------------------------------------------------------------

    \16\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-15100 Filed 7-2-08; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 80, Number 170 (Wednesday, September 2, 2015)]
[Rules and Regulations]
[Pages 53007-53011]
[FR Doc No: 2015-21741]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2015-0001]

Final Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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

SUMMARY: Base (1% annual-chance) Flood Elevations (BFEs) and modified
BFEs are made final for the communities listed below. The BFEs and
modified BFEs are the basis for the floodplain management measures that
each community is required either to adopt or to show evidence of being
already in effect in order to qualify or remain qualified for
participation in the National Flood Insurance Program (NFIP).

DATES: The date of issuance of the Flood Insurance Rate Map (FIRM)
showing BFEs and modified BFEs for each community. This date may be
obtained by contacting the office where the maps are available for
inspection as indicated in the table below.

ADDRESSES: The final BFEs for each community are available for
inspection at the office of the Chief Executive Officer of each
community. The respective addresses are listed in the table below.

FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Chief, Engineering
Management Branch, Federal Insurance and Mitigation Administration,
Federal Emergency Management Agency, 500 C Street SW., Washington, DC
20472,<PHONE_NUMBER>, or (email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) makes the final determinations listed below for the modified
BFEs for each community listed. These modified elevations have been
published in newspapers of local circulation and ninety (90) days have
elapsed since that publication. The Deputy Associate Administrator for
Mitigation has resolved any appeals resulting from this notification.
    This final rule is issued in accordance with section 110 of the
Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part
67. FEMA has developed criteria for floodplain management in floodprone
areas in accordance with 44 CFR part 60.
    Interested lessees and owners of real property are encouraged to
review the proof Flood Insurance Study and FIRM available at the
address cited below for each community. The BFEs and modified BFEs are
made final in the communities listed below. Elevations at selected
locations in each community are shown.
    National Environmental Policy Act. This final rule is categorically
excluded from the requirements of 44 CFR part 10, Environmental
Consideration. An environmental impact assessment has not been
prepared.
    Regulatory Flexibility Act. As flood elevation determinations are
not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-
612, a regulatory flexibility analysis is not required.
    Regulatory Classification. This final rule is not a significant
regulatory action under the criteria of section 3(f) of Executive Order
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR
51735.
    Executive Order 13132, Federalism. This final rule involves no
policies that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This final rule meets
the applicable standards of Executive Order 12988.

List of Subjects in 44 CFR Part 67

    Administrative practice and procedure, Flood insurance, Reporting
and recordkeeping requirements.

    Accordingly, 44 CFR part 67 is amended as follows:

PART 67--[AMENDED]

0
1. The authority citation for part 67 continues to read as follows:

    Authority:  42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of
1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR,
1979 Comp., p. 376.

Sec.  67.11  [Amended]

0
2. The tables published under the authority of Sec.  67.11 are amended
as follows:

    Dated: August 20, 2015.
Roy E. Wright,
Deputy Associate Administrator for Mitigation, Department of Homeland
Security, Federal Emergency Management Agency.

----------------------------------------------------------------------------------------------------------------
                                                                      * Elevation in
                                                                      feet (NGVD) +
                                                                    Elevation in feet
                                           Location of referenced   (NAVD) # Depth in
           Flooding source(s)                    elevation          feet above ground     Communities affected
                                                                     [caret]Elevation
                                                                     in  meters (MSL)
                                                                         modified
----------------------------------------------------------------------------------------------------------------
                                  Clay County, Missouri, and Incorporated Areas
                                            Docket Nos.: FEMA-B-1192
----------------------------------------------------------------------------------------------------------------
Brushy Creek...........................  Approximately 400 feet                  +987  City of Lawson,
                                          upstream of the most                          Unincorporated Areas of
                                          downstream Clinton                            Clay County.
                                          County boundary.
                                         At the most upstream                   +1045
                                          Clinton County boundary.
Cates Branch...........................  At the upstream side of                 +756  City of Liberty,
                                          Liberty Landing Road.                         Unincorporated Areas of
                                                                                Clay County.
                                         At the downstream side of               +851
                                          Harrison Street.
Clear Creek............................  At the Fishing River                    +775  City of Kearney, City of
                                          confluence.                                   Mosby, Unincorporated
                                                                                Areas of Clay County.
                                         Approximately 0.5 mile                  +823
                                          upstream of Nation Road.
Clear Creek Tributary 15...............  Approximately 0.8 mile                  +780  Unincorporated Areas of
                                          upstream of the Clear                         Clay County.
                                          Creek confluence.
                                         Approximately 1 mile                    +788
                                          upstream of the Clear
                                          Creek confluence.
Clear Creek Tributary 15.1 (overflow     Approximately 1,375 feet                +780  City of Kearney,
 effects from Clear Creek).               upstream of the Clear                         Unincorporated Areas of
                                          Creek confluence.                             Clay County.
                                         Approximately 377 feet                  +786
                                          upstream of 6th Street.
Crockett Creek.........................  At the Holmes Creek                     +766  City of Mosby,
                                          confluence.                                   Unincorporated Areas of
                                                                                Clay County.
                                         Approximately 1,400 feet                +790
                                          upstream of Longridge
                                          Road.
Crockett Creek Tributary 3.............  At the Crockett Creek                   +771  Unincorporated Areas of
                                          confluence.                                   Clay County.
                                         Approximately 0.7 mile                  +791
                                          upstream of the Crockett
                                          Creek confluence.
Crockett Creek Tributary 4.............  Approximately 1,400 feet                +790  Unincorporated Areas of
                                          upstream of Longridge                         Clay County.
                                          Road.
                                         Approximately 390 feet                  +814
                                          upstream of Stockdale
                                          road.
Dry Fork...............................  At the downstream side of               +773  City of Excelsior
                                          South Thompson Avenue.                        Springs, Unincorporated
                                                                                Areas of Clay County.
                                         Approximately 0.6 mile                  +905
                                          downstream of Salem Road.
East Creek.............................  Approximately 550 feet                  +867  City of Gladstone.
                                          downstream of North
                                          Broadway Avenue.
                                         At the upstream side of                 +904
                                          Northeast 61st Street.
East Fork Fishing River................  At the Fishing River                    +744  City of Excelsior
                                          confluence.                                   Springs, Unincorporated
                                                                                Areas of Clay County.
                                         Approximately 1,200 feet                +786
                                          upstream of Isley
                                          Boulevard.
East Fork Fishing River Tributary 2....  Approximately 154 feet                  +768  City of Excelsior
                                          downstream of Saint                           Springs.
                                          Louis Avenue.
                                         Approximately 1,600 feet                +768
                                          upstream of Saint Louis
                                          Avenue.
East Fork Line Creek Tributary 1.......  Approximately 1,120 feet                +909  City of Gladstone.
                                          upstream of Arrowhead
                                          Trafficway.
                                         Approximately 1,150 feet                +909
                                          upstream of Arrowhead
                                          Trafficway.
First Creek............................  At the Second Creek                     +819  City of Smithville,
                                          confluence.                                   Unincorporated Areas of
                                                                                Clay County.
                                         At the Platte County                    +864
                                          boundary.
Fishing River..........................  At the Ray County                       +731  City of Kearney, City of
                                          boundary.                                     Mosby, Unincorporated
                                                                                Areas of Clay County,
                                                                                Village of
                                                                                Prathersville.
                                         Approximately 0.5 mile                  +860
                                          downstream of North Home
                                          Avenue.
Holmes Creek...........................  At the Fishing River                    +763  City of Kearney, City of
                                          confluence.                                   Mosby, Unincorporated
                                                                                Areas of Clay County.
                                         Approximately 1.1 miles                 +829
                                          upstream of North State
                                          Route 33.

Little Platte River....................  Approximately 1.2 miles                 +810  City of Smithville,
                                          downstream of U.S. Route                      Unincorporated Areas of
                                          169.                                          Clay County.
                                         Approximately 0.5 mile                  +815
                                          downstream of State
                                          Route F.
Little Shoal Creek.....................  At the Shoal Creek                      +744  City of Glenaire, City of
                                          confluence.                                   Liberty, City of
                                                                                Pleasant Valley, Village
                                                                                of Claycomo.
                                         At the upstream side of                 +800
                                          North Church Road.
Little Shoal Creek Tributary 5.........  Approximately 0.4 mile                  +764  City of Liberty.
                                          upstream of the Little
                                          Shoal Creek confluence.
                                         At the downstream side of               +843
                                          South State Route 291.
Little Shoal Creek Tributary 6.........  At the downstream side of               +765  City of Glenaire, City of
                                          Smiley Street.                                Liberty.
                                         Approximately 600 feet                  +830
                                          downstream of Liberty
                                          Drive.
Little Shoal Creek Tributary 7.........  At the Little Shoal Creek               +764  City of Glenaire, City of
                                          confluence.                                   Liberty.
                                         Approximately 300 feet                  +798
                                          upstream of Kings
                                          Highway.
Mill Creek.............................  At the upstream side of                 +789  City of Gladstone,
                                          Randolph Road.                                Village of Claycomo.
                                         At the downstream side of               +949
                                          Northeast 62nd Terrace.
Missouri River.........................  At the Ray County                       +717  City of Missouri City,
                                          boundary.                                     City of North Kansas
                                                                                City, Unincorporated
                                                                                Areas of Clay County,
                                                                                Village of Randolph.
                                         Approximately 300 feet                  +748
                                          upstream of I-29.
Muddy Fork.............................  At the Clear Creek                      +788  City of Holt, City of
                                          confluence.                                   Kearney, Unincorporated
                                                                                Areas of Clay County.
                                         Approximately 0.6 mile                  +863
                                          upstream of County Road
                                          BB.
Old Maids Creek........................  Approximately 980 feet                  +896  City of Gladstone.
                                          upstream of Arrowhead
                                          Trafficway.
                                         Approximately 990 feet                  +896
                                          upstream of Arrowhead
                                          Trafficway.
Owens Branch...........................  At the Little Platte                    +812  City of Smithville,
                                          River confluence.                             Unincorporated Areas of
                                                                                Clay County.
                                         Approximately 1,000 feet                +911
                                          downstream of Northeast
                                          188th Street.
Polecat Creek..........................  At the Wilkerson Creek                  +884  Unincorporated Areas of
                                          confluence.                                   Clay County.
                                         Approximately 0.95 mile                 +980
                                          upstream of Clementine
                                          Road.
Randolph Creek.........................  At the upstream side of                 +751  City of Randolph.
                                          the most downstream
                                          crossing of I-435.
                                         At the downstream side of               +779
                                          the most upstream
                                          crossing of I-435.
Randolph Creek Tributary...............  At the Randolph Creek                   +751  City of Randolph.
                                          confluence.
                                         Approximately 1,700 feet                +763
                                          upstream of the Randolph
                                          Creek confluence.
Rock Creek.............................  At the upstream side of                 +759  City of Avondale, City of
                                          Armour Road.                                  North Kansas City.
                                         Approximately 150 feet                  +780
                                          upstream of Northeast
                                          Excelsior Street.
Rock Creek Gladstone...................  Approximately 150 feet                  +851  City of Gladstone.
                                          upstream of North
                                          Jackson Drive.
                                         Approximately 250 feet                  +934
                                          upstream of Northeast
                                          72nd Street.
Rock Creek Tributary 11 (backwater       From the Rock Creek                     +761  City of North Kansas
 effects from Rock Creek Tributary        Tributary 11.2                                City.
 11.2).                                   confluence to the
                                          downstream side of I-29.
Rock Creek Tributary 11.2..............  At the upstream side of                 +758  City of North Kansas
                                          Armour Road.                                  City.
                                         Approximately 640 feet                  +784
                                          upstream of I-29.
Rocky Branch...........................  At the Wilkerson Creek                  +848  City of Smithville,
                                          confluence.                                   Unincorporated Areas of
                                                                                Clay County.
                                         Approximately 250 feet                  +888
                                          downstream of Northeast
                                          132nd Street.
Rush Creek.............................  At the Missouri River                   +727  City of Liberty,
                                          confluence.                                   Unincorporated Areas of
                                                                                Clay County.

                                         At the Rush Creek                       +826
                                          Tributary 15 confluence.
Second Creek...........................  At the Little Platte                    +813  City of Smithville,
                                          River confluence.                             Unincorporated Areas of
                                                                                Clay County.
                                         At the Platte County                    +822
                                          boundary.
Shoal Creek Tributary 20...............  At the Shoal Creek                      +769  City of Pleasant Valley.
                                          confluence.
                                         Approximately 300 feet                  +824
                                          downstream of North
                                          Corrington Avenue.
Shoal Creek Tributary 20.1.............  At the Shoal Creek                      +773  City of Pleasant Valley.
                                          Tributary 20 confluence.
                                         Approximately 1,400 feet                +805
                                          upstream of Kaill Road.
Town Branch............................  At the Shoal Creek                      +734  City of Liberty.
                                          confluence.
                                         Approximately 0.8 mile                  +775
                                          upstream of East Ruth
                                          Ewing Road.
Wilkerson Creek........................  Approximately 400 feet                  +817  City of Smithville,
                                          upstream of East County                       Unincorporated Areas of
                                          Road DD.                                      Clay County.
                                         Approximately 0.4 mile                  +936
                                          upstream of the
                                          Wilkerson Creek
                                          Tributary 5 confluence.
Williams Creek.........................  At the Fishing River                    +758  Unincorporated Areas of
                                          confluence.                                   Clay County, Village of
                                                                                Pratherville.
                                         Approximately 0.5 mile                  +851
                                          upstream of County Road
                                          RA.
Williams Creek Tributary 14............  At the Williams Creek                   +817  Unincorporated Areas of
                                          confluence.                                   Clay County.
                                         Approximately 150 feet                  +834
                                          upstream of Northeast
                                          161st Street.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
# Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.

                                ADDRESSES

City of Avondale

Maps are available for inspection at City Hall, 3007 Northeast Highway
 10, Avondale, MO 64117.

City of Excelsior Springs

Maps are available for inspection at City Hall, 201 East Broadway
 Street, Excelsior Springs, MO 64024.

City of Gladstone

Maps are available for inspection at City Hall, 7010 North Holmes
 Street, Gladstone, MO 64118.

City of Glenaire

Maps are available for inspection at City Hall, 309 Smiley Road,
 Glenaire, MO 64068.

City of Holt

Maps are available for inspection at City Hall, 315 Main Street, Holt,
 MO 64048.

City of Kearney

Maps are available for inspection at City Hall, 100 East Washington
 Street, Kearney, MO 64060.

City of Lawson

Maps are available for inspection at City Hall, 103 South Pennsylvania
 Avenue, Lawson, MO 64062.

City of Liberty

Maps are available for inspection at City Hall, 101 East Kansas Street,
 Liberty, MO 64068.

City of Missouri City

Maps are available for inspection at the Clay County Planning and Zoning
 Department, 234 West Shrader Street, Suite C, Liberty, MO 64068.

City of Mosby

Maps are available for inspection at City Hall, 12312 4th Street, Mosby,
 MO 64024.

City of North Kansas City

Maps are available for inspection at City Hall, 2010 Howell Street,
 North Kansas City, MO 64116.

City of Pleasant Valley

Maps are available for inspection at City Hall, 6500 Royal Street,
 Pleasant Valley, MO 64068.

City of Randolph

Maps are available for inspection at City Hall, 7777 North East
 Birmingham Road, Randolph, MO 64161.

City of Smithville

Maps are available for inspection at City Hall, 107 West Main Street,
 Smithville, MO 64089.

Unincorporated Areas of Clay County

Maps are available for inspection at the Clay County Planning and Zoning
 Department, 234 West Shrader Street, Suite C, Liberty, MO 64068.

Village of Claycomo

Maps are available for inspection at the Village Municipal Office, 115
 East Highway 69, Claycomo, MO 64119.

Village of Prathersville

Maps are available for inspection at the Clay County Planning and Zoning
 Department, 234 West Shrader Street, Suite C, Liberty, MO 64068.

[FR Doc. 2015-21741 Filed 9-1-15; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register: December 28, 2005 (Volume 70, Number 248)]
[Notices]
[Page 76807-76808]
[DOCID:fr28de05-99]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2085-000]

Southern California Edison Company; Notice of Application and
Preliminary Draft Environmental Assessment Tendered For Filing With the
Commission, and Establishing Deadline for Submission of Final
Amendments

December 16, 2005.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: New--Major License.
    b. Project No.: 2085-000.
    c. Date Filed: November 29, 2005.
    d. Applicant: Southern California Edison Company.
    e. Name of Project: Mammoth Pool Hydroelectric Power Project.
    f. Location: On the San Joaquin River, near North Fork, California.
The project affects 2,036 acres of federal land administered by the
Sierra National Forest.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Russ W. Krieger, Vice President Power
Production, Southern California Edison Company, 300 N. Lone Hill Ave.,
San Dimas, CA 91773. Phone:<PHONE_NUMBER>.
    i. FERC Contact: Jim Fargo at<PHONE_NUMBER>, or e-mail:
<EMAIL_ADDRESS>
    j. Cooperating Agencies: We are asking federal, state, local, and
tribal agencies with jurisdiction and/or special expertise with respect
to environmental issues to cooperate with us in the preparation of the
environmental document. Agencies who would like to request cooperating
status should follow the instructions for filing comments described in
item k below. Agencies granted cooperating status will be precluded
from being an intervenor in this proceeding consistent with the
Commission's regulations.
    k. Deadline for requests for cooperating agency status: 60 days
from the date of this notice. All documents

(original and eight copies) should be filed with: Magalie R. Salas,
Secretary, Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426. Comments may be filed electronically via the
Internet in lieu of paper; see 18 CFR 385.2001(a)(1)(iii) and the
instructions on the Commission's Web site (http://www.ferc.gov) under

the ``e-Filing'' link. After logging into the e-Filing system, select
``Comment on Filing'' from the Filing Type Selection screen and
continue with the filing and process. The Commission strongly
encourages electronic filing.
    l. Status: This application has not been accepted for filing. We
are not soliciting motions to intervene, protests, or final terms and
conditions at this time.
    m. Description of project: The Project is located in the central
Sierra Nevada, within the San Joaquin River watershed, about 50 miles
northeast of the City of Fresno. The Project is operated as a
reservoir-storage type plant with an installed operating capacity of
190.0 MW and a dependable operating capacity of 187.0 MW. Water for the
Project is taken from the San Joaquin River, Ross Creek, and Rock Creek
and conveyed to the Mammoth Pool Powerhouse through the Mammoth Pool
Tunnel.
    The Project facilities include: The Mammoth Pool Dam forming
Mammoth Pool Reservoir, with a capacity of about 119,940 acre-feet at
an elevation of about 3,330 feet above mean sea level; one power tunnel
about 7.5 miles long, to convey water from Mammoth Pool Reservoir to
Mammoth Pool Powerhouse; two small diversions on Rock Creek and Ross
Creek; and one 230 kV transmission line about 6.7 miles long that
connects the Mammoth Pool Powerhouse to the non-project Big Creek No. 3
Switchyard.
    n. A copy of the application is 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 (P-2085), to access the document. For assistance,
contact FERC Online Support at<EMAIL_ADDRESS>or toll-free
at 1-866-208-3676, or for TTY,<PHONE_NUMBER>. A copy is also available
for inspection and reproduction at the address in item h above. You may
also register online at: http://www.ferc.gov/esubscribenow.htm to be

notified via e-mail of new filings and issuances related to this or
other pending projects. For assistance, contact FERC Online Support.
    o. With this notice, we are initiating consultation with the
CALIFORNIA STATE HISTORIC PRESERVATION OFFICER (SHPO), as required by
Sec.  106, National Historic Preservation Act, and the regulations of
the Advisory Council on Historic Preservation, 36 CFR 800.4.
    p. Final amendments: Final amendments to the application must be
filed with the Commission no later than 30 days from the issuance date
of the notice soliciting final terms and conditions.

Magalie R. Salas,
Secretary.
 [FR Doc. E5-7909 Filed 12-27-05; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 121 (Monday, June 28, 2021)]
[Proposed Rules]
[Pages 33915-33916]
[FR Doc No: 2021-13482]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0422; Product Identifier 2018-CE-015-AD]
RIN 2120-AA64

Airworthiness Directives; Pacific Aerospace Limited Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Proposed rule; withdrawal.

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

SUMMARY: The FAA is withdrawing a notice of proposed rulemaking (NPRM)
that proposed to supersede airworthiness directive (AD) AD 2015-23-03
for Pacific Aerospace Limited Model 750XL airplanes. The NPRM was
prompted by mandatory continuing airworthiness information (MCAI)
issued 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 fatigue cracks on the fin forward pickup
plates. Since issuance of the NPRM, the FAA has determined that the
actions required by AD 2015-23-03 address the unsafe condition.
Accordingly, the NPRM is withdrawn.

DATES: As of June 28, 2021, the proposed rule, which published in the
Federal Register on June 18, 2018 (83 FR 28171), is withdrawn.

ADDRESSES:

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2018-0422; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this AD action, any
comments received, and other information. The street address for Docket
Operations is U.S. Department of Transportation, Docket Operations, M-
30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue
SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Mike Kiesov, Aviation Safety Engineer,
FAA, General Aviation & Rotorcraft Section, International Validation
Branch, 901 Locust, Room 301, Kansas City, MO 64106; phone: (816) 329-
4144; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    The FAA issued an NPRM that proposed to amend 14 CFR part 39 by
adding an AD that would apply to certain Pacific Aerospace Limited
Model 750XL airplanes. The NPRM was published in the Federal Register
on June 18, 2018 (83 FR 28171), and proposed to supersede AD 2015-23-
03, Amendment 39-18319 (80 FR 69569, November 10, 2015) (AD 2015-23-
03). AD 2015-23-03 requires reducing the torque setting for the fin
forward pickup bolt, inspecting the fin forward pickup plates for
cracks, and replacing the fin forward pickup plates. The NPRM was based
on MCAI originated by the Civil Aviation Authority (CAA) of New
Zealand. The MCAI states:

    This [CAA] AD revised to introduce Pacific Aerospace Limited
Mandatory Service Bulletin (MSB) PACSB/XL/068 issue 6, dated 8
January 2018. The changes to the SB are limited to minor editorial
changes, and the addition of alternate P/N [part number] hi-lok
fasteners due to limited availability of the original P/N. There are
no changes to the AD applicability or the requirements.

Actions Since the NPRM Was Issued

    After issuance of the NPRM, the FAA has determined that the actions
required by AD 2015-23-03 address the unsafe condition. The new service
information is unchanged except for editorial changes and the addition
of alternate hi-lok fasteners. AD 2015-23-03 only requires the
procedures in the service information that was incorporated by
reference and not the materials. Thus, operators may use the new hi-lok
fasteners to comply with AD 2015-23-03 without an alternative method of
compliance. Based on the above information, the FAA has determined that
AD action is not warranted and the proposal should be withdrawn.
    Withdrawal of the NPRM constitutes only such action and does not
preclude the FAA from further rulemaking on this issue, nor does it
commit the FAA to any course of action in the future.

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Withdrawal

0
Accordingly, the notice of proposed rulemaking, which published in the
Federal Register on June 18, 2018 (83 FR 28171), is withdrawn.

    Issued on June 18, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-13482 Filed 6-25-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: January 10, 2008 (Volume 73, Number 7)]
[Proposed Rules]
[Page 1842-1844]
[DOCID:fr10ja08-14]

========================================================================
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.

========================================================================

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-0396; Directorate Identifier 2007-NM-282-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Model A330-200, A330-300, A340-
200, and A340-300 Series Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above. 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:

    One A320 operator has reported a disbond on the composite rudder
control rod. Investigations conducted by the supplier revealed that
this disbond is due to an incorrect low volume of resin in the fibre
composite. The supplier and AIRBUS have confirmed that some rudder
control rods installed on A330 and A340-200/-300 aircraft before
delivery or delivered as spare are also affected by this defect.
Rudder control rod rupture can lead, in the worst case, in
combination with a yaw damper runaway to an unsafe condition.

* * * * *
    The unsafe condition is reduced control of the airplane. The
proposed AD would require actions that are intended to address the
unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by February 11,
2008.

ADDRESSES: You may send comments 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 W12-40, 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
; 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 proposed 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: Vladimir Ulyanov, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1138; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite 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-2007-0396;
Directorate Identifier 2007-NM-282-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD 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 proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Airworthiness Directive 2007-0246, dated September 5, 2007 (referred to
after this as ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:

    One A320 operator has reported a disbond on the composite rudder
control rod. Investigations conducted by the supplier revealed that
this disbond is due to an incorrect low volume of resin in the fibre
composite. The supplier and AIRBUS have confirmed that some rudder
control rods installed on A330 and A340-200/-300 aircraft before
delivery or delivered as spare are also affected by this defect.
Rudder control rod rupture can lead, in the worst case, in
combination with a yaw damper runaway to an unsafe condition.
    In order to prevent such situation, this Airworthiness Directive
(AD) requires a one time detailed visual inspection to identify the
affected rods and to replace those affected by this issue.

    The unsafe condition is reduced control of the airplane. You may
obtain further information by examining the MCAI in the AD docket.

Relevant Service Information

    Airbus has issued Service Bulletins A330-27-3157 and A340-27-4156,
both dated August 8, 2007. The actions described in this service
information are intended to correct the unsafe condition identified in
the MCAI.

FAA's Determination and Requirements of This Proposed AD

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

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But

we might have found it necessary to use different words from those in
the MCAI to ensure the AD is clear for U.S. operators and is
enforceable. In making these changes, we do not intend to differ
substantively from the information provided in the MCAI and related
service information.
    We might also have proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a NOTE within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
would affect about 8 products of U.S. registry. We also estimate that
it would take about 6 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $80 per
work-hour. Labor costs may be covered under warranty as described in
the service information. Based on these figures, we estimate the cost
of the proposed AD on U.S. operators to be $3,840, or $480 per product.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); 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.
    We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, 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

    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]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Airbus: Docket No. FAA-2007-0396; Directorate Identifier 2007-NM-
282-AD.

Comments Due Date

    (a) We must receive comments by February 11, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Airbus Model A330-200, A330-300, A340-
200, and A340-300 series airplanes, certificated in any category,
all certified models, having manufacturing serial numbers (MSNs) as
specified in paragraphs (c)(1) and (c)(2) of this AD.
    (1) For Model A330-200 and A330-300 series airplanes: MSN 0315,
0323, 0333, 0337, 0338, 0342, 0344, 0346, 0349, 0350, 0351, 0356,
0357, 0370, 0375, 0388, 0389, 0398, 0400, 0404, 0407, 0408, 0412,
0427, 0432, 0454, 0493 and 0539.
    (2) For Model A340-200 and A340-300 series airplanes: MSN 0318,
0319, 0321, 0325, 0327, 0329, 0331, 0332, 0335, 0347, 0352, 0354,
0355, 0359, 0363, 0367, 0373, 0374, 0377, 0378, 0379, 0381, 0385,
0387, 0390, 0395, 0399, 0411, 0413, 0415, 0433, 0434, 0435, 0450 and
0474.

Subject

    (d) Air Transport Association (ATA) of America Code 27: Flight
Controls.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:

    One A320 operator has reported a disbond on the composite rudder
control rod. Investigations conducted by the supplier revealed that
this disbond is due to an incorrect low volume of resin in the fibre
composite. The supplier and AIRBUS have confirmed that some rudder
control rods installed on A330 and A340-200/-300 aircraft before
delivery or delivered as spare are also affected by this defect.
Rudder control rod rupture can lead, in the worst case, in
combination with a yaw damper runaway to an unsafe condition.
    In order to prevent such situation, this Airworthiness Directive
(AD) requires a one time detailed visual inspection to identify the
affected rods and to replace those affected by this issue.

    The unsafe condition is reduced control of the airplane.

Actions and Compliance

    (f) Unless already done, do the following actions.
    (1) Within 600 flight hours after the effective date of this AD,
identify the part number (P/N) and serial number (S/N) of all rudder
control rods installed on the subject airplanes; in accordance with
the Accomplishment Instructions of Airbus Service Bulletin A330-27-
3157 or A340-27-4156, both dated August 8, 2007, as applicable.
    (2) If the P/N and S/N of any rudder control rod identified in
paragraph (f)(1) of this AD is not identified in Batch 1, Batch 2a,
or Batch 2b of Figure 3 of Airbus Service Bulletin A330-27-3157 or
A340-27-4156, both dated August 8, 2007, no further action is
required for that control rod, except as provided by paragraph
(f)(6) of this AD.
    (3) If the P/N and S/N of any rudder control rod identified in
paragraph (f)(1) of this AD is identified in Batch 1 of Figure 3 of
Airbus Service Bulletin A330-27-3157 or A340-27-4156, both dated
August 8, 2007: Within 18 months after the identification required
by paragraph (f)(1) of this AD, replace the affected rudder control
rod with a new rudder control rod, in accordance with the
Accomplishment Instructions of Airbus Service Bulletin A330-27-3157
or A340-27-4156, as applicable.
    (4) If the P/N and S/N of any rudder control rod identified in
paragraph (f)(1) of this AD is identified in Batch 2a of Figure 3 of
Airbus Service Bulletin A330-27-3157 or A340-27-4156, both dated
August 8, 2007: Within 1,400 flight hours after the identification
required by paragraph (f)(1) of this AD, replace the affected
control rod with a new rudder control rod, in accordance with the
Accomplishment Instructions of Airbus Service Bulletin A330-27-3157
or A340-27-4156, as applicable.
    (5) If the P/N and S/N of any rudder control rod identified in
paragraph (f)(1) of this AD is identified in Batch 2b of Figure 3 of
Airbus Service Bulletin A330-27-3157 or A340-27-4156, both dated
August 8, 2007, do the actions described in paragraph (f)(5)(i) or
(f)(5)(ii) of this AD, as applicable, at the compliance time
specified in paragraph (f)(5)(i) or (f)(5)(ii), as applicable.
    (i) For any rudder control rod having P/N 22205-08 and S/N
1000094651: Within 600

flight hours after the identification required by paragraph (f)(1)
of this AD, replace the rudder control rod with a new rudder control
rod, in accordance with the Accomplishment Instructions of Airbus
Service Bulletin A330-27-3157 or A340-27-4156, both dated August 8,
2007, as applicable.
    (ii) For all rudder control rods not identified in paragraph
(f)(5)(i) of this AD: Within 6 months after the identification
required by paragraph (f)(1) of this AD, replace the rudder control
rods with new rudder control rods, in accordance with the
Accomplishment Instructions of Airbus Service Bulletin A330-27-3157
or A340-27-4156, both dated August 8, 2007, as applicable.
    (6) As of the effective date of this AD, no person may install,
on any airplane, any rudder control rod unit having a P/N and S/N
identified in Batch 1, Batch 2a, or Batch 2b of Figure 3 of Airbus
Service Bulletin A330-27-3157 or A340-27-4156, both dated August 8,
2007.

FAA AD Differences

    Note: This AD differs from the MCAI and/or service information
as follows: No differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. Send information to ATTN:
Vladimir Ulyanov, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW., Renton,
Washington 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
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.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act, the
Office of Management and Budget (OMB) has approved the information
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (h) Refer to MCAI EASA Airworthiness Directive 2007-0246, dated
September 5, 2007; Airbus Service Bulletin A330-27-3157, dated
August 8, 2007; and Airbus Service Bulletin A340-27-4156, dated
August 8, 2007; for related information.

    Issued in Renton, Washington, on December 21, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
 [FR Doc. E8-250 Filed 1-9-08; 8:45 am]

BILLING CODE 4910-13-P


          ENVIRONMENTAL PROTECTION AGENCY

          REFRIGERANT RECOVERY OR RECYCLING DEVICE

          ACQUISITION CERTIFICATION FORM

EPA regulations require establishments that service or dispose of
refrigeration or air-conditioning equipment to certify that they have
acquired recovery or recycling devices that meet EPA standards for such
devices.  To certify that you have acquired equipment, please complete
this form according to the instructions and mail it to the appropriate
EPA Regional Office.  BOTH THE INSTRUCTIONS AND MAILING ADDRESSES CAN BE
FOUND ON THE REVERSE SIDE OF THIS FORM.

PART 1: ESTABLISHMENT INFORMATION

					City		State 		Zip Code

PART 2: REGULATORY CLASSIFICATION

	Identify the type of work performed by the establishment.  Check all
boxes that apply.

	( Type A - Service small appliances

	( Type B - Service refrigeration or air-conditioning equipment other
that small appliances

	( Type C- Dispose of small appliances

	( Type D - Dispose of refrigeration or air-conditioning equipment other
than small appliances

PART 3: DEVICE IDENTIFICATION

PART 4: CERTIFICATION SIGNATURE

 I certify that the establishment in Part 1 has acquired the refrigerant
recovery or recycling device(s) listed in Part 2, that the establishment
is complying with Section 608 regulations, and that the information
gives is true and correct.

Signature of Owner/Responsible Officer                 Date
                          Name (Please Print)
              Title

INSTRUCTIONS

Part 1: Please provide the name, address, and telephone number of the
establishment where the refrigerant recovery or recycling device(s) is
(are) located.  Please complete one form for each location.   State the
number of vehicles based at this location that are used to transport
technicians and equipment to and from service sites.

Part 2: Check the appropriate boxes for the type of work performed by
technicians who are employees of the establishment.  The term “small
appliance” refers to any of the following products tat are fully
manufactured, charged, and hermetically sealed in a factory with five
pounds or less of refrigerant: refrigerators, and freezers designed for
home use, room air conditioners (including window air conditioners and
packaged terminal air conditioners), packaged terminal heat pumps,
dehumidifiers, under-the-counter ice makers, vending machines, and
drinking water coolers.

Part 3: For each recovery or recycling device acquired, please list the
name of the manufacturer of the device, and (if applicable) its model
number and serial number.

If more that seven devices have been acquired, please fill out an
additional form and attach it to this one.  Recovery devices that are
self-contained should be listed first and should be identified by
checking the box in the last column on the right.  Self-contained
recovery equipment means refrigerant recovery or recycling equipment
that is capable of removing te refrigerant from an appliance without the
assistance of components contained in the appliance.  On the other hand,
system-dependent recovery equipment means refrigerant recovery equipment
that requires the assistance of components contained in an appliance to
remove the refrigerant from the appliance.

If the establishment has been listed as Type B and/or Type D in Part 2,
then the first device listed in Part # must be a self-contained device
and identifies as such by checking the box in the last column on the
right.

If any of the devices are homemade, they should be identified by writing
“homemade” in the column provided for listing the name of the device
manufacturer.  Type A or Type B establishments can use homemade devices
manufactured before November 15, 1993.  Type C or Type D establishments
can use homemade manufactured anytime.  If, however, a Type C or Type D
establishment is using homemade equipment manufactured after November
15, 1993, then it must not use these devices for service jobs.

EPA REGIONAL OFFICES

Send your form to the EPA office listed under the state or territory in
which the establishment is located.

Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, Vermont

CAA 608 Enforcement Contact:  EPA Region I; Mail Code OES04-2; 5 Post
Office Square; Boston, MA 02109

Arkansas, Louisiana, New Mexico, Oklahoma, Texas

CAA 608 Enforcement Contact:  EPA Region VI; Mail Code 6EN-AA; 1445 Ross
Ave., Suite 1200; Dallas, TX 75202

New York, New Jersey, Puerto Rico, Virgin Islands

CAA 608 Enforcement Contact:  EPA Region II; Mail Code 2DECA-AC; 290
Broadway; New York, NY 10007-1866

Iowa, Kansas, Missouri, Nebraska

CAA 608 Enforcement Contact:  EPA Region VII; Mail Code APCOAWMD; 901
North 5th Street; Kansas City, KS 66101

Delaware, District of Columbia, Maryland, Pennsylvania, Virginia, West
Virginia

CAA 608 Enforcement Contact: EPA Region III-Wheeling Office; Mail Code
3AP20; 1060 Chapline Street, Suite 303 Wheeling, WV 26003-2995

Colorado, Montana, North Dakota, South Dakota, Utah, Wyoming

CAA 608 Enforcement Contact:  EPA Region VIII; Mail Code 8ENF-T; 999
18th Street, Suite 500; Denver, CO 80202

Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South
Carolina, Tennessee

CAA 608 Enforcement Contact:  EPA Region IV; Mail Code APT-AE; 61
Forsyth Street, SW; Atlanta, GA 30303-8960

American Samoa, Arizona, California, Guam, Hawaii, Nevada

CAA 608 Enforcement Contact: EPA Region IX; Mail Code AIR-5; 75
Hawthorne Street; San Francisco, CA 94105

Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin

CAA 608 Enforcement Contact:  EPA Region V; Mail Code AE-17J; 77 West
Jackson Blvd.; Chicago, IL 60604-3507

Alaska, Idaho, Oregon, Washington

CAA 608 Enforcement Contact: EPA Region X; Mail Code OAQ-107; 1200 Sixth
Ave.; Seattle, WA 98101

PUBLIC BURDEN

The purpose and need of this renewed collection request is to facilitate
compliance with and enforcement of Section 608 of the Act by reducing
emissions of class I and class II ozone-depleting refrigerants to the
lowest achievable level during the service, maintenance, repair, and
disposal of appliances.  EPA has used and will continue to use these
records and reports to ensure that refrigerant releases are minimized
during the recovery and recycling of ozone-depleting refrigerants during
the service, maintenance, repair, and disposal of appliances.
Collection of this information is mandated  by EPA regulations, in
accordance with 40 CFR 82.162.  This information is not shared with
parties outside of the Federal government.  EPA's confidentiality
regulations (40 CFR 2.201 et seq.) assure computer data security,
disclosure prevention, proper handling, proper storage, and proper
disposal of the submitted information.

The public reporting and recordkeeping burden for this collection of
information is estimated to average one (1) hour per response per
respondent annually.  Burden means the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or disclose
or provide information to or for a Federal agency.  This includes the
time needed to review instructions; develop, acquire, install, and
utilize technology and systems for the purposes of collecting,
validating, and verifying information, processing and maintaining
information, and disclosing and providing information; adjust the
existing ways to comply with any previously applicable instructions and
requirements; train personnel to be able to respond to a collection of
information; search data sources; complete and review the collection of
information; and transmit or otherwise disclose the information.  An
agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless it displays a currently
valid OMB control number.

To comment on the Agency's need for this information, the accuracy of
the provided burden estimates, and any suggested methods for minimizing
respondent burden, including the use of automated collection techniques,
EPA has established a public docket for this ICR under Docket ID No.
OAR-2003-0018, which is available for public viewing at the Air and
Radiation Docket and Information Center in the EPA Docket Center
(EPA/DC), EPA West, Room B102, 1301 Constitution Ave., NW, Washington,
DC. The EPA Docket Center 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 Reading Room is<PHONE_NUMBER>, and the
telephone number for the OAR Docket is<PHONE_NUMBER>.  An electronic
version of the public docket is available through EPA Dockets (EDOCKET)
at http://www.epa.gov/edocket.  Use EDOCKET to submit or view public
comments, access the index listing of the contents of the public docket,
and to access those documents in the public docket that are available
electronically.  Once in the system, select “search,” then key in
the docket ID number identified above.  Also, you can send comments to
the Office of Information and Regulatory Affairs, Office of Management
and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk
Office for EPA.  Please include the EPA Docket ID No.  (OAR-2003-0018)
and OMB control number (2060-0256) in any correspondence.

Form Approved

OMB No. 2060-0256

Expires:  04/30/2014

EPA FORM 7610-31

Form Approved

OMB No. 2060-0256

Expires:  04/30/2014

( PAGE  iii (

EPA FORM 7610-31

(Area Code) Telephone Number

Number of Service Equipment Based at Establishment

Name of Establishment

Street

City                                     State                     Zip
Code

Country