IMPORTANT NOTE TO USER:

This OMB form has been recreated in WP6.0 by OPPTS staff. The margins and lines are NOT block protected, so you must fill the form with caution, paying attention to any shifting of the existing text. The following tips should make this a simple task:

 Fill in the spaces by using the type over command. Otherwise you'll have to delete a space for each letter you add.

 Use the same font ( Times New Roman 8pt).

 Do not change table lines ( although you can delete an extra space line to provide more space elsewhere.

 It is not recommended that you convert this form to WP5.1, some of these features are not available in WP5.1, so the text will scramble.

If you have any problems or questions, please call your RID Desk Officer @ 260 2706. PAPERWORK REDUCTION ACT SUBMISSION Please read the instructions before completing this form. For additional forms or assistance in completing this form, contact your agency's Paperwork Clearance Officer. Send two copies of this form, the collection instrument to be reviewed, the Supporting Statement and any additional documentation to: Office of Information and Regulatory Affairs, Office of Management and Budget, Docket Library, Room 10102, 725 17th Street NW Washington, DC 20503.

1. Agency/ Subagency originating request Environmental Protection Agency ( EPA) 2. O M B control number b. G None a 2 0 4 0  0 0 4 2 __ __ __ __

3. Type of information collection ( check one) a. G New collection b. G Revision of a currently approved collection c. O Extension of a currently approved collection d. G Reinstatement, without change, of a previously approved collection for which approval has expired e. G Reinstatement, with change, of a previously approved collection for which approval has expired f. G Existing collection in use without an OMB control number 4. Type of review requested ( check one) a. O Regular b. G Emergency  Approval requested by: / / c. G Delegated 5. Small entities Will this information collection have a significant economic impact on a substantial number of small entities? O Yes G No For b f, note item A2 of Supporting Statement Instructions 6. Requested expiration date a. O Three years from approval date b. G Other Specify: / /___

7. Title Underground Injection Control Program 8. Agency form number( s): 0370.18, 7520 1 to 7520 4, 7520 6 to 7520 12, 7520 14, and 7520 16 9. Keywords 10. Abstract: The Underground Injection Control ( UIC) Program under the Safe Drinking Water Act ( SDWA) established a Federal and State regulatory system to protect underground sources of drinking water ( USDW) from contamination by injection fluids. Owners and operators of underground injection wells must obtain permits, conduct environmental monitoring, maintain records, and report results to EPA or the State primacy Agency. States must report to EPA on permittee compliance and related information. The information is reported using standardized forms, and the regulations are codified at 40 CFR Parts 144 through 148. The data are used to ensure the safety of USDWs.

11. Affected public ( Mark primary with " P" and all others that apply with " X") a. Individuals or households d. Farms b. P Business or other for profit e. P Federal Government c. Not for profit institutions f. P State, Local or Tribal Government 12. Obligation to respond ( Mark primary with " P" and all others that apply with " X") a. G Voluntary b. G Required to obtain or retain benefits c. O Mandatory " P"

13. Annual reporting and recordkeeping hour burden a. Number of respondents 52,967 b. Total annual responses 422,287 1. Percentage of these responses collected electronically Less than 1 % c. Total hours requested 1,091,945 d. Current OMB inventory 1,135,273 e. Difference  43,328 f. Explanation of difference 1. Program Change 0 2. Adjustment  43,328 14. Annual reporting and recordkeeping cost burden ( in thousands of dollars)

a. Total annualized capital/ startup costs 0 b. Total annual costs ( O& M) $ 31,828 c. Total annualized cost requested $ 31,828 d. Current OMB inventory $ 27,649 e. Difference $ 4,179 f. Explanation of difference 1. Program change 0 2. Adjustment $ 4,179 15. Purpose of information collection ( Mark Primary With " P" and all others that apply with " X") a. __ Application for benefits e. __ Program planning or management b. __ Program evaluation f. __ Research c. __ General purpose statistics g. P Regulatory or compliance d. __ Audit 16. Frequency of recordkeeping or reporting ( check all that apply) a. O Recordkeeping b. Q Third party disclosure c. O Reporting 1. O On occasion 2. Q Weekly 3. Q Monthly 4. O Quarterly 5. O Semi annually 6. O Annually 7. Q Biannually 8. Q Other ( describe) 17. Statistical methods Does this information collection employ statistical methods?

Q Yes O No 18. Agency contact ( person who can best answer questions regarding the content of this submission) Name: Robert E. Smith Phone: ( 202) 260 5559 OMB 83 I 10/ 95 19. Certification for Paperwork Reduction Act Submissions On behalf of this Federal agency, 1 certify that the collection of information encompassed by this request complies with' 5 CFR 1320.9.

NOTE: The text of 5 CFR 1320.9, and the related provisions of 5 CFR 1320.8( b)( 3), appear at the end of the instructions. The certification is to be made with reference to those regulatory provisions as set forth in the instructions.

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

( a) It is necessary for the proper performance of agency functions;

( b) It avoids unnecessary duplication;

( c) It reduces burden on small entities;

( d) It uses plain, coherent, and unambiguous terminology that is understandable to respondents;

( e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

( f) It indicates the retention periods for recordkeeping requirements;

( g) It informs respondents of the information called for under 5 CFR 1320.8( b)( 3): ( I) Why the information is being collected' ( ii) Use of information; ( iii) Burden estimate; ( iv) Nature of response ( voluntary, required for a benefit, or mandatory); ( v) Nature and extent of confidentiality; and ( vi) Need to display currently valid OMB control number;

( h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected ( see note in Item 19 of the instructions);

( I) It uses effective and efficient statistical survey methodology; and ( j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item below and explain the reason in Item 18 of the Supporting Statement.

Signature of Program Official William R. Diamond Drinking Water Prevention Division Office of Ground Water and Drinking Water Date Signature of Senior Official or designee Oscar Morales, Director Collection Strategies Division Office of Environmental Information Date OMB 83 I 10/ 95 Certification Requirement for Paperwork Reduction Act Submissions 5 CFR 1320.9 reads " As part of the agency submission to OMB of a proposed collection of information, the agency ( through the head of the agency, the Senior Official or their designee) shall certify ( and provide a record supporting such certification) that the proposed collection of information

"( a) is necessary for the proper performance of the functions of the agency, including that the information to be collected will have practical utility;

"( b) is not unnecessarily duplicative of information otherwise reasonably accessible to the agency;

"( c) reduces to the extent practicable and appropriate the burden on persons who shall provide information to or for the agency, including with respect to small entities, as defined in the Regulatory Flexibility Act 5 U. S. C § 601( 6)), the use of such techniques as:

"( 1) establishing differing compliance or reporting requirements or timetables that take into account the resources available to those who are to respond; "( 2) the clarification, consolidation, or simplification of compliance and reporting requirements; or collection of information , or any part thereof; "( 3) an exemption from coverage of the collection of information, or any part thereof;

"( d) is written using plain, coherent, and unambiguous terminology and is understandable to those who are to respond;

"( e) is to be implemented in ways consistent and compatible, to the maximum extent practicable, with the existing reporting and recordkeeping practices of those who are to respond;

"( f) indicates for each recordkeeping requirement the length of time persons are required to maintain the records specified;

"( g) informs potential respondents of the information called for under § 1320.8( b)( 3); [ see below]

"( h) has been developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected, including the processing of the information in a manner which shall enhance, where appropriate, the utility of the information to agencies and the public;

"( I) uses effective and efficient statistical survey methodology appropriate to the purpose for which the information is to be collected; and "( j) to the maximum extent practicable, uses appropriate information technology to reduce burden and improve data quality, agency efficiency and responsiveness to the public."

NOTE: 5 CFR 1320.8( b)( 3) requires that each collection of information:

"( 3) informs and provides reasonable notice to the potential persons to whom the collection of information is addressed of: "( I) the reasons the information is planned to be and/ or has been used to further the proper performance of the functions of the agency; "( ii) the way such information is planned to be and/ or has been used to further the proper performance of the functions of the agency; "( iii) an estimate, to the extent practicable, of the average burden of the collection ( together with a request that the public direct to the agency any comments concerning the accuracy of this burden estimate and any suggestions for reducing this burden); "( iv) whether responses to the collection of information are voluntary, required to obtain or retain a benefit ( citing authority), or mandatory ( citing authority); "( v) the nature and extent of confidentiality to be provided, if any ( citing authority); and "( vi) the fact that any 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."

OMB 83 I ( Instructions) 10/ 95


[Federal Register Volume 80, Number 60 (Monday, March 30, 2015)]
[Rules and Regulations]
[Pages 16576-16577]
[FR Doc No: 2015-06933]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 711

[EPA-HQ-OPPT-2014-0809; FRL-9924-84]
RIN 2070-AK01

Withdrawal of Partial Exemption for Certain Chemical Substances

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: In the Federal Register issue of January 27, 2015, EPA
published a direct final rule that amended the list of chemical
substances that are partially exempt from reporting additional
information under the Chemical Data Reporting (CDR) rule to add certain
chemical substances. EPA received an adverse comment pertinent to all
six of the chemical substances that are the subject of that rule. This
document accordingly withdraws the direct final rule.

DATES: This rule is effective March 30, 2015.

FOR FURTHER INFORMATION CONTACT:
    For technical information contact: Loraine Passe, Chemical Control
Division (7405M), Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; email
address<EMAIL_ADDRESS>    For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. What rule is being withdrawn?

    In the January 27, 2015 Federal Register (80 FR 4482) (FRL-9921-
56), EPA added certain chemical substances to the list of chemical
substances that are partially exempt from reporting additional
information under the Chemical Data Reporting (CDR) rule. EPA later
received an adverse comment that is pertinent to all six of the
chemical substances that are the subject of that rule (EPA-HQ-OPPT-
2014-0809). In accordance with the procedures described in the January
27, 2015 Federal Register document, EPA is withdrawing the direct final
rule. EPA anticipates that it will publish, in the near future, a
notice proposing to add these six chemical substances to the list of
chemical substances that are partially exempt from reporting additional
information under the Chemical Data Reporting (CDR) rule.

II. How do I access the docket?

    To access the docket, please go to http://www.regulations.gov and
follow the online instructions using the docket ID number EPA-HQ-OPPT-
2014-0809. Additional information about the Docket Facility is also
provided under ADDRESSES in the January 27, 2015 Federal Register
document. If you have questions, consult the person listed under FOR
FURTHER INFORMATION CONTACT.

III. Statutory and Executive Order Reviews

    The reviews discussed in the January 27, 2015 Federal Register
document are not applicable to this final rule because it is simply a
withdrawal.

IV. Congressional Review Act (CRA)

    Pursuant to the CRA, 5 U.S.C. 801 et seq., EPA will submit a report
containing this rule amendment and other required information to the
U.S. Senate, the U.S. House of Representatives, and the Comptroller
General of the United States prior to publication of the action in the
Federal Register. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).

List of Subjects in 40 CFR Part 711

    Environmental protection, Chemicals, Hazardous substances,
Reporting and recordkeeping requirements, Administrative practice and
procedure.

    Dated: March 20, 2015.
James Jones,
Assistant Administrator, Office of Chemical Safety and Pollution
Prevention.

    Therefore, 40 CFR chapter I is amended as follows:

PART 711--TSCA CHEMICAL DATA REPORTING REQUIREMENTS

0
1. The authority citation for part 711 continues to read as follows:

    Authority:  15 U.S.C. 2607(a).

0
2. In Sec.  711.6, in Table 2 of paragraph (b)(2)(iv), the following
CASRN numbers are removed as set forth below.

Sec.  711.6  Chemical substances for which information is not required.

* * * * *
    (b) * * *
    (2) * * *
    (iv) * * *

         Table 2--CASRN of Partially Exempt Chemical Substances
------------------------------------------------------------------------
                CASRN                               Chemical
------------------------------------------------------------------------

                              * * * * * * *
61788-61-2...........................  Fatty acids, tallow, Me esters.

                              * * * * * * *
67762-26-9...........................  Fatty acids, C14-18 and C16-18-
                                        unsatd., Me esters.
67762-38-3...........................  Fatty acids, C16-18 and C-18-
                                        unsatd., Me esters.
67784-80-9...........................  Soybean oil, Me esters.

                              * * * * * * *
129828-16-6..........................  Fatty acids, canola oil, Me
                                        esters
515152-40-6..........................  Fatty acids, corn oil, Me esters.

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

[FR Doc. 2015-06933 Filed 3-27-15; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 241 (Friday, December 16, 2022)]
[Notices]
[Pages 77152-77157]
[FR Doc No: 2022-27163]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-96473); File No. SR-IEX-2022-11]

Self-Regulatory Organizations; Investors Exchange LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Amend IEX
Rule 2.160 (Registration Requirements and Restrictions on Membership)

December 9, 2022.
    Pursuant to section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on November 28, 2022, the Investors Exchange LLC (``IEX''
or the ``Exchange'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I
and II below, which Items have been prepared by the self-regulatory
organization. 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\ 15 U.S.C. 78A.
    \3\ 17 CFR 240.19B-4.
---------------------------------------------------------------------------

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

    Pursuant to the provisions of section 19(b)(1) under the Act,\4\
and Rule 19b-4 thereunder,\5\ the Exchange is filing with the
Commission a proposed rule change to amend IEX Rule 2.160. The Exchange
has designated this proposal as non-controversial pursuant to Section
19(b)(3)(A)(iii) of the Act \6\ and provided the Commission with the
notice required by Rule 19b-4(f)(6)(iii) thereunder.\7\
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78S(B)(1).
    \5\ 17 CFR 240.19B-4.
    \6\ 15 U.S.C. 78S(B)(3)(A).
    \7\ 17 CFR 240.19B-4(F)(6)(III).
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    The text of the proposed rule change is available at the Exchange's
website at www.iextrading.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 the
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 statement 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 the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    IEX is proposing to amend sections of IEX Rule 2.160 that relate to
continuing education requirements, lapses of registration of the
Securities Industry Essentials (``SIE'') examination, and waivers of
examinations for certain individuals working for a financial services
affiliate of a Member.\8\ The proposed rule change is based on changes
to registration and continuing education requirements made by the
Financial Industry Regulatory Authority, Inc. (``FINRA''), including a
change to require that the Regulatory Element of continuing education
be completed annually rather than every three years, and to provide a
path through continuing education for individuals to maintain their
qualification following the termination of a registration.\9\
---------------------------------------------------------------------------

    \8\ SEE IEX RULE 1.160(S) (DEFINING ``MEMBER'').
    \9\ SEE SECURITIES EXCHANGE ACT RELEASE NO. 93097 (SEPTEMBER 21,
2021), 86 FR 53358 (SEPTEMBER 27, 2021) (SR-FINRA-2021-015) (THE
``FINRA APPROVAL ORDER''). OTHER EXCHANGES HAVE ALSO FILED RULE
CHANGES HARMONIZING THEIR REGISTRATION REQUIREMENTS AND CONTINUING
EDUCATION RULES WITH THOSE OF FINRA, SO AS TO PROMOTE UNIFORM
STANDARDS ACROSS THE SECURITIES INDUSTRY. SEE E.G., SECURITIES
EXCHANGE ACT RELEASE NO. 94400 (MARCH 11, 2022), 87 FR 15286 (MARCH
17, 2022) (SR-NASDAQ-2022-021); SECURITIES EXCHANGE ACT RELEASE NO.
94429 (MARCH 16, 2022), 87 FR 16268 (MARCH 22, 2022) (SR-MEMX-2022-
05); SECURITIES EXCHANGE ACT RELEASE NO. 95414 (AUGUST 3, 2022), 87
FR 48527 (AUGUST 9, 2022) (SR-BOX-2022-23).
---------------------------------------------------------------------------

1. Background
    In IEX Rule 2.160(p), the Exchange sets forth certain continuing
education (``CE'') requirements for its Members including requirements
to participate in the Regulatory and Firm Elements of training, which
are generally based on certain FINRA Rules.\10\ The Regulatory Element
focuses on regulatory requirements, and the Firm Element focuses on
enhancing covered registered persons' securities knowledge, skill, and
professionalism. The Regulatory Element CE program is administered to
industry participants by FINRA.\11\ Furthermore, FINRA's rule filing
amended Rules 1210.09 (``Waiver of Examinations for Individuals Working
for a Financial Services Industry Affiliate of a Member'') and 1210.08
(``Lapse of Registration and Expiration of SIE''), which are mirrored
by Supplementary Material .01 to IEX Rule 2.160(g) and Rule
2.160(o).\12\ The Exchange seeks to amend its rules to more closely
mirror FINRA Rules, as amended.\13\
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    \10\ SEE FINRA RULE 1210 (REGISTRATION REQUIREMENTS) AND 1240
(CONTINUING EDUCATION REQUIREMENTS).
    \11\ SEE IEX RULE 2.160(P)(A)(6).
    \12\ SEE FINRA APPROVAL ORDER, SUPRA NOTE 9.
    \13\ ID.
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2. Proposed Rule Change
    FINRA has participated in extensive work with the Securities
Industry/Regulatory Council on Continuing Education (``CE Council'')
that has resulted in amendments to FINRA Rules 1210 and 1240.\14\
Following these changes, the Exchange seeks to align its registration
and continuing education requirements with those of FINRA by making the
following changes to IEX Rule 2.160.
---------------------------------------------------------------------------

    \14\ ID.
---------------------------------------------------------------------------

A. Transition to Annual Regulatory Element for Registered Persons
    Currently, the Regulatory Element prescribed in IEX Rule
2.160(p)(a) sets forth that training must be completed every three
years, and the content is broad in nature. Based on changes in
technology and learning theory, the Regulatory Element content can be
updated and delivered in a timelier fashion and tailored to each
registration category, which would further the goals of the Regulatory
Element.\15\ Therefore, to align the Exchange's Rules with changes made
by FINRA and to provide registered persons with more timely and
relevant training on significant regulatory developments, the Exchange
proposes amending IEX Rule 2.160(p)(a) to require registered persons to
complete the Regulatory Element annually by December 31, with the first
compliance date December 31, 2023.\16\ The proposed amendment would
also require registered persons to complete the Regulatory Element
content for each representative or principal registration category that
they hold, which would also further the goals of the Regulatory
Element.\17\ Under the proposed rule change, registered representatives
will have the flexibility to complete the Regulatory Element sooner
than December 31 of each year.\18\ Registered persons who would be
registering as a representative or principal for the first time on or
after the implementation date of the proposed rule change would be
required to complete their initial Regulatory Element for that
registration category in the next calendar year following their
registration.\19\ In addition, subject to specified conditions,
registered persons who would be reregistering as a representative or
principal on or after the implementation date of the proposed rule
change would also be required to complete their initial Regulatory
Element for that registration category in the next calendar year
following their reregistration.\20\
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    \15\ WHEN THE FINRA CE PROGRAM WAS ORIGINALLY ADOPTED IN 1995,
REGISTERED PERSONS WERE REQUIRED TO COMPLETE THE REGULATORY ELEMENT
ON THEIR SECOND, FIFTH AND 10TH REGISTRATION ANNIVERSARY DATES. SEE
SECURITIES EXCHANGE ACT RELEASE NO. 35341 (FEBRUARY 8, 1995), 60 FR
8426 (FEBRUARY 14, 1995) (ORDER APPROVING FILE NOS. SR-AMEX-94-59;
SR-CBOE-94-49; SR-CHX-94-27; SR-MSRB-94-17; SR-NASD-94-72; SR-NYSE-
94-43; SR-PSE-94-35; AND SR-PHLX-94-52). THE CHANGE TO THE CURRENT
THREE-YEAR CYCLE WAS MADE IN 1998 TO PROVIDE REGISTERED PERSONS MORE
TIMELY AND EFFECTIVE TRAINING, CONSISTENT WITH THE OVERALL PURPOSE
OF THE REGULATORY ELEMENT. SEE SECURITIES EXCHANGE ACT RELEASE NO.
39712 (MARCH 3, 1998), 63 FR 11939 (MARCH 11, 1998) (ORDER APPROVING
FILE NOS. SR-CBOE-97-68; SR-MSRB-98-02; SR-NASD-98-03; AND SR-NYSE-
97-33).
    \16\ SEE PROPOSED IEX RULE 2.160(P)(A)(1).
    \17\ ID.
    \18\ ID.
    \19\ ID.
    \20\ SEE PROPOSED IEX RULE 2.160(P)(A)(4).
---------------------------------------------------------------------------

    Consistent with current requirements, registered persons who fail
to complete their Regulatory Element within the prescribed period would
be automatically designated as inactive.\21\ However, the proposed rule
change preserves the Exchange's ability to extend the time by which a
registered persons must complete the Regulatory Element for good cause
shown.\22\
---------------------------------------------------------------------------

    \21\ SEE PROPOSED IEX RULE 2.160(P)(A)(2).
    \22\ THE PROPOSED RULE CHANGE CLARIFIES THAT THE REQUEST FOR AN
EXTENSION OF TIME MUST BE IN WRITING AND INCLUDE SUPPORTING
DOCUMENTATION, WHICH IS CONSISTENT WITH CURRENT PRACTICE.
---------------------------------------------------------------------------

    The Exchange also proposes amending IEX Rule 2.160(p)(a)(2) to
clarify that: (1) individuals who are

designated as inactive would be required to complete all of their
pending and upcoming annual Regulatory Element, including any annual
Regulatory Element that becomes due during their CE inactive period, to
return to active status; \23\ (2) the two-year CE inactive period is
calculated from the date individuals become CE inactive, and it
continues to run regardless of whether individuals terminate their
registrations; \24\ (3) individuals who become subject to a significant
disciplinary action may be required to complete assigned continuing
education content as prescribed by the Exchange; \25\ (4) individuals
who have not completed any Regulatory Element content for a
registration category in the calendar year(s) prior to reregistering
would not be approved for registration for that category until they
complete that Regulatory Element content, pass an examination for that
registration category or obtain an unconditional examination waiver for
that registration category, whichever is applicable; \26\ and (5) the
Regulatory Element requirements apply to individuals who are
registered, or in the process of registering, as a representative or
principal.\27\ The Exchange notes that it also proposes to make
conforming changes to IEX Rule 2.160(p)(a) to further align the IEX
Rule with FINRA Rule 1240(a).
---------------------------------------------------------------------------

    \23\ SEE PROPOSED IEX RULE 2.160(P)(A)(2).
    \24\ ID.
    \25\ SEE PROPOSED IEX RULE 2.160(P)(A)(3).
    \26\ SEE PROPOSED IEX RULE 2.160(P)(A)(4).
    \27\ ID.
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    Under the proposed rule change, the amount of content that
registered persons would be required to complete in a three-year,
annual cycle for a particular registration category is expected to be
comparable to what most registered persons are currently completing
every three years. In some years, there may be more required content
for some registration categories depending on the volume of rule
changes and regulatory issues. In addition, an individual who holds
multiple registrations may be required to complete additional content
compared to an individual who holds a single registration because, as
noted above, individuals would be required to complete content specific
to each registration category that they hold. However, individuals with
multiple registrations would not be subject to duplicative regulatory
content in any given year. The more common registration combinations
would likely share much of their relevant regulatory content each year.
For example, individuals registered as General Securities
Representatives and General Securities Principals would receive the
same content as individuals solely registered as General Securities
Representatives, supplemented with a likely smaller amount of
supervisory-specific content on the same topics. The less common
registration combinations may result in less topic overlap and more
content overall.
B. Changes to Firm Element
    IEX Rule 2.160(p)(b) (Firm Element) currently requires each firm to
develop and administer an annual Firm Element training program for any
person registered with a Member who has direct contact with customers
in the securities business of the Member relating to activity that
occurs on the Exchange (a ``covered registered person'').\28\ The rule
requires firms to conduct an annual needs analysis to determine the
appropriate training for covered registered persons.\29\ Currently, at
a minimum, the Firm Element must cover training in ethics and
professional responsibility as well as the following items concerning
securities products, services and strategies offered by the member: (1)
general investment features and associated risk factors; (2)
suitability and sales practice considerations; and (3) applicable
regulatory requirements.\30\ A firm, consistent with its needs
analysis, may determine to apply toward the Firm Element other required
training.\31\
---------------------------------------------------------------------------

    \28\ SEE IEX RULE 2.160(P)(B)(1).
    \29\ SEE IEX RULE 2.160(P)(B)(2).
    \30\ ID.
    \31\ SEE IEX RULE 2.160(P)(B)(4).
---------------------------------------------------------------------------

    To better align the Firm Element requirement with other required
training, IEX proposes amending IEX Rule 2.160(p)(b) to expressly allow
firms to consider training relating to the AML compliance program and
the annual compliance meeting toward satisfying an individual's annual
Firm Element requirement.\32\ IEX also proposes amending the rule to
extend the Firm Element requirement to all registered persons,
including individuals who maintain solely a permissive registration
consistent with Supplementary Material .01 to IEX Rule 2.160(e),
thereby further aligning the Firm Element requirement with other
broadly-based training requirements.\33\ In conjunction with this
proposed change, IEX proposes modifying the current minimum training
criteria under IEX Rule 2.160(p)(b) to instead provide that the
training must cover topics related to the role, activities, or
responsibilities of the registered person and to professional
responsibility, and removing the not role-specific current requirements
that the Firm Element training at a minimum cover: (1) general
investment features and associated risk factors; (2) suitability and
sales practice considerations; and (3) applicable regulatory
requirements.\34\
---------------------------------------------------------------------------

    \32\ SEE PROPOSED IEX RULE 2.160(P)(B)(2)(D).
    \33\ AS DISCUSSED, INFRA, THE EXCHANGE IS PROPOSING TO MAKE
THREE NON-SUBSTANTIVE CONFORMING EDITS TO IEX RULE 2.160(P)(A)(1) BY
CORRECTING THE REFERENCES TO ``COMMENTARY .02 TO RULE 2.160'' TO
PROPERLY CITE TO ``SUPPLEMENTARY MATERIAL .01 TO RULE 2.160(E)'' AND
CORRECTING REFERENCES TO ``COMMENTARY .01 TO RULE 2.160(G)'' TO
PROPERLY CITE TO ``SUPPLEMENTARY MATERIAL .01 TO RULE 2.160(G).
    \34\ SEE PROPOSED IEX RULE 2.160(P)(B)(2)(B).
---------------------------------------------------------------------------

C. Termination of Registration
    Currently, individuals whose registrations as representatives or
principals have been terminated for two or more years may reregister as
representatives or principals only if they requalify by retaking and
passing the applicable representative- or principal-level examination
or if they obtain a waiver of such examination(s) (the ``two-year
qualification period'').\35\ The two-year qualification period was
adopted prior to the creation of the CE Program and was intended to
ensure that individuals who reregister are relatively current on their
regulatory and securities knowledge.
---------------------------------------------------------------------------

    \35\ SEE IEX RULE 2.160(O). THE TWO-YEAR QUALIFICATION PERIOD IS
CALCULATED FROM THE DATE INDIVIDUALS TERMINATE THEIR REGISTRATION
AND THE DATE FINRA RECEIVES A NEW APPLICATION FOR REGISTRATION. THE
TWO-YEAR QUALIFICATION PERIOD DOES NOT APPLY TO INDIVIDUALS WHO
TERMINATE A LIMITED REGISTRATION CATEGORY THAT IS A SUBSET OF A
BROADER REGISTRATION CATEGORY FOR WHICH THEY REMAIN QUALIFIED. FOR
INSTANCE, IT WOULD NOT APPLY TO AN INDIVIDUAL WHO MAINTAINS HIS
REGISTRATION AS A GENERAL SECURITIES REPRESENTATIVE BUT WHO
TERMINATES HIS REGISTRATION AS AN INVESTMENT COMPANY AND VARIABLE
CONTRACTS PRODUCTS REPRESENTATIVE. SUCH INDIVIDUALS HAVE THE OPTION
OF REREGISTERING IN THE MORE LIMITED REGISTRATION CATEGORY WITHOUT
HAVING TO REQUALIFY BY EXAMINATION OR OBTAIN AN EXAMINATION WAIVER
SO LONG AS THEY CONTINUE TO REMAIN QUALIFIED FOR THE BROADER
REGISTRATION CATEGORY. FURTHER, THE TWO-YEAR QUALIFICATION PERIOD
ONLY APPLIES TO THE REPRESENTATIVE--AND PRINCIPAL-LEVEL
EXAMINATIONS; IT DOES NOT EXTEND TO THE SECURITIES INDUSTRY
ESSENTIALS (``SIE'') EXAMINATION. THE SIE EXAMINATION IS VALID FOR
FOUR YEARS, BUT HAVING A VALID SIE EXAMINATION ALONE DOES NOT
QUALIFY AN INDIVIDUAL FOR REGISTRATION AS A REPRESENTATIVE OR
PRINCIPAL.
---------------------------------------------------------------------------

    IEX proposes to amend IEX Rule 2.160(o) to provide that a person
whose registration has been terminated for more than two years in a
registration

category will not be required to pass a representative qualification
examination appropriate to that registration category if the person has
maintained his or her qualification status for that registration
category in accordance with the maintaining qualifications program
detailed infra.\36\
---------------------------------------------------------------------------

    \36\ SEE PROPOSED IEX RULE 2.160(P)(C).
---------------------------------------------------------------------------

    And the Exchange proposes to amend Supplementary Material .01 to
IEX Rule 2.160(g), which describes the process for a waiver of
examinations for individuals working for a financial services industry
affiliate of a Member, to reflect that the waiver program stopped
accepting applications on March 15, 2022. IEX makes this proposal
because of the proposed changes to the Regulatory Element discussed
supra that make completion of the Regulatory Element an annual
requirement, which would also apply to people eligible for the
financial services industry affiliate waiver program (``FSAWP'').
D. Maintenance of Qualification After Termination of Registration
    The Exchange proposes adopting subparagraph (c) under IEX Rule
2.160(p) and Supplementary Material .01 and .02 to IEX Rule 2.160(p)(c)
to provide eligible individuals who terminate any of their
representative or principal registrations the option of maintaining
their qualification for any of the terminated registrations by
completing continuing education. The proposed rule change would not
eliminate the two-year qualification period set forth in IEX Rule
2.160(p)(a)(2). Rather, it would provide such individuals an
alternative means of staying current on their regulatory and securities
knowledge following the termination of a registration(s). Eligible
individuals who elect not to participate in the proposed continuing
education program would continue to be subject to the current two-year
qualification period. The proposed rule change is generally aligned
with other professional continuing education programs that allow
individuals to maintain their qualification to work in their respective
fields during a period of absence from their careers (including an
absence of more than two years) by satisfying continuing education
requirements for their credential.
    The proposed rule change would impose the following conditions and
limitations:
     Individuals would be required to be registered in the
terminated registration category for at least one year immediately
prior to the termination of that category; \37\
---------------------------------------------------------------------------

    \37\ SEE PROPOSED IEX RULE 2.160(P)(C)(1).
---------------------------------------------------------------------------

     Individuals could elect to participate when they terminate
a registration or within two years from the termination of a
registration; \38\
---------------------------------------------------------------------------

    \38\ SEE PROPOSED IEX RULE 2.160(P)(C)(2). INDIVIDUALS WHO ELECT
TO PARTICIPATE AT THE LATER DATE WOULD BE REQUIRED TO COMPLETE,
WITHIN TWO YEARS FROM THE TERMINATION OF THEIR REGISTRATION, ANY
CONTINUING EDUCATION THAT BECOMES DUE BETWEEN THE TIME OF THEIR FORM
U5 (UNIFORM TERMINATION NOTICE FOR SECURITIES INDUSTRY REGISTRATION)
SUBMISSION AND THE DATE THAT THEY COMMENCE THEIR PARTICIPATION.
---------------------------------------------------------------------------

     Individuals would be required to complete annually all
prescribed continuing education; \39\
---------------------------------------------------------------------------

    \39\ SEE PROPOSED IEX RULE 2.160(P)(C)(3).
---------------------------------------------------------------------------

     Individuals would have a maximum of five years in which to
reregister; \40\
---------------------------------------------------------------------------

    \40\ SEE PROPOSED IEX RULE 2.160(P)(C).
---------------------------------------------------------------------------

     Individuals who have been inactive for two consecutive
years, or who become inactive for two consecutive years during their
participation, would not be eligible to participate or continue; \41\
and
---------------------------------------------------------------------------

    \41\ SEE PROPOSED IEX RULE 2.160(P)(C)(4) AND (C)(5).
---------------------------------------------------------------------------

     Individuals who are subject to a statutory
disqualification, or who become subject to a statutory disqualification
following the termination of their registration or during their
participation, would not be eligible to participate or continue.\42\
---------------------------------------------------------------------------

    \42\ SEE PROPOSED IEX RULE 2.160(P)(C)(1) AND (C)(6).
---------------------------------------------------------------------------

    In addition, the proposed rule change includes a re-eligibility
provision that would allow individuals to regain eligibility to
participate each time they reregister with a firm for a period of at
least one year and subsequently terminate their registration, if they
satisfy the other participation conditions and limitations.\43\
---------------------------------------------------------------------------

    \43\ SEE PROPOSED SUPPLEMENTARY MATERIAL .01 TO IEX RULE
2.160(P)(C).
---------------------------------------------------------------------------

E. Conforming Changes
    IEX also proposes to make conforming edits to IEX Rule 2.160 to
better align the rule text with FINRA Rules 1210 and 1240.
Additionally, IEX proposes to make three non-substantive conforming
edits to IEX Rule 2.160(p)(a)(1) by correcting the references to
``Commentary .02 to Rule 2.160'' to properly cite to ``Supplementary
Material .01 to Rule 2.160(e)'' and correcting references to
``Commentary .01 to Rule 2.160(g)'' to properly cite to ``Supplementary
Material .01 to Rule 2.160(g), in order to align the terminology used
in these rules with the rest of IEX's rulebook.
F. CE Program Implementation
    As stated in the FINRA Approval Order, FINRA and the CE Council
also plan to enhance the CE Program in other ways, and these additional
enhancements do not require any changes to the FINRA rules.\44\ As it
relates to the rule changes themselves, the FINRA changes relating to
the Maintaining Qualifications Program and the FSAWP had an
implementation date of March 15, 2022.\45\ The Exchange's proposed
changes to the Maintaining Qualifications Program (subparagraph (c) of
Rule 2.160(p)) and to the FSAWP (Supplementary Material .01 to Rule
2.160(g)) will become effective on the date this proposed rule change
is filed. All other changes related to the FINRA Approval Order and to
the Exchange's rules relating to the Regulatory Element, Firm Element
and the two-year qualification period, will have an implementation date
of January 1, 2023.\46\
---------------------------------------------------------------------------

    \44\ SEE FINRA APPROVAL ORDER, SUPRA NOTE 9. AS DESCRIBED IN
MORE DETAIL IN THE FINRA APPROVAL ORDER, FINRA WILL WORK WITH THE CE
COUNCIL TO DEVELOP AND INCORPORATE ADDITIONAL RESOURCES IN
CONNECTION WITH THE REGULATORY AND FIRM ELEMENTS. SIMILAR TO FINRA,
THESE ADDITIONAL ENHANCEMENTS DO NOT REQUIRE ANY CHANGES TO THE
EXCHANGE RULES.
    \45\ SEE FINRA REGULATORY NOTICE 21-41 AT https://WWW.FINRA.ORG/RULES-GUIDANCE/NOTICES/21-41.
    \46\ ID.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that its proposal is consistent with the
requirements of Sections 6(b) \47\ and 6(b)(5) of the Act,\48\ in
particular, in that it is designed to promote just and equitable
principles of trade, to remove impediments to and perfect the mechanism
of a free and open market and a national market system, and, in general
to protect investors and the public interest.
---------------------------------------------------------------------------

    \47\ 15 U.S.C. 78F(B).
    \48\ 15 U.S.C. 78F(B)(5).
---------------------------------------------------------------------------

    As noted above, the proposed rule change seeks to align the
Exchange Rules with changes to FINRA rules which have been approved by
the Commission.\49\ The Exchange believes the proposed rule change is
consistent with the provisions of section 6(b)(5) of the Act,\50\ which
requires, among other things, that Exchange Rules must be designed to
prevent fraudulent and manipulative acts and practices, to promote just
and equitable principles of trade, and, in general, to protect

investors and the public interest, and section 6(c)(3) of the Act,\51\
which authorizes the Exchange to prescribe standards of training,
experience and competence for persons associated with Exchange. The
proposed changes are based on the changes approved by the Commission in
the FINRA Approval Order,\52\ and the Exchange is proposing to adopt
such changes substantially in the same form proposed by FINRA with the
notable exception that this proposed rule change does not apply
retroactively, and the date FINRA implemented the changes to its CE
program has already passed.\53\ The Exchange believes the proposal is
consistent with the Act for the reasons described above and for those
reasons cited in the FINRA Approval Order.\54\
---------------------------------------------------------------------------

    \49\ SEE FINRA APPROVAL ORDER, SUPRA NOTE 9.
    \50\ 15 U.S.C. 78F(B)(5).
    \51\ 15 U.S.C. 78F(C)(3).
    \52\ SEE FINRA APPROVAL ORDER, SUPRA NOTE 9.
    \53\ OTHERWISE, IEX'S PROPOSED RULE CHANGES ARE SUBSTANTIALLY
SIMILAR TO THE CHANGES IN THE FINRA APPROVAL ORDER, WITH ONLY NON-
SUBSTANTIVE DIFFERENCES IN THE NOMENCLATURE AND ORGANIZATION OF
IEX'S AND FINRA'S REGISTRATION REQUIREMENT AND CONTINUING EDUCATION
RULES (E.G., FINRA RULE 1210.07, WHICH IS PART OF FINRA'S
REGISTRATION REQUIREMENT RULE, IS EQUIVALENT TO IEX RULE
2.160(P)(A)(1), WHICH IS PART OF IEX'S CONTINUING EDUCATION RULE).
    \54\ SEE FINRA APPROVAL ORDER, SUPRA NOTE 9.
---------------------------------------------------------------------------

    The Exchange believes the proposed changes to the Regulatory
Element and Firm Element will help ensure that all registered persons
receive timely and relevant training, which will, in turn, enhance
compliance and investor protection. Further, the Exchange believes that
establishing a path for individuals to maintain their qualification
following the termination of a registration will reduce unnecessary
impediments to requalification and promote greater diversity and
inclusion in the securities industry without diminishing investor
protection.
    Finally, the Exchange believes that the proposed conforming changes
to its continuing education and registration rules will enhance
compliance and investor protection by better aligning these rules with
the rules changed by FINRA, as well as aligning the terminology used
within these rules with the IEX Rule Book.

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. The Exchange believes that
the proposed rule change, which harmonizes its rules with rule changes
adopted by FINRA, will reduce the regulatory burden placed on market
participants engaged in trading activities across different markets.

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 proposed rule change does not: (i) significantly affect
the protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate, it has become effective pursuant to section
19(b)(3)(A) of the Act and Rule 19b-4(f)(6) thereunder.\55\
---------------------------------------------------------------------------

    \55\ 17 CFR 240.19B-4(F)(6).
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) normally does
not become operative for 30 days after the date of filing. However,
pursuant to Rule 19b-4(f)(6)(iii), the Commission may 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 so that this proposed
rule change may become operative immediately upon filing. In addition,
Rule 19b-4(f)(6)(iii) \56\ requires a self-regulatory organization to
give the Commission written notice of its intent to file a proposed
rule change under that subsection at least five business days prior to
the date of filing, or such shorter time as designated by the
Commission. The Exchange has provided such notice.
---------------------------------------------------------------------------

    \56\ 17 CFR 240.19B-4(F)(6)(III).
---------------------------------------------------------------------------

    Waiver of the 30-day operative delay will allow the Exchange to
implement the proposed changes to its continuing education and
registration rules without delay, thereby eliminating the material
differences between FINRA and Exchange continuing education rules,
providing more uniform standards across the securities industry, and
helping to avoid ongoing confusion for Exchange Members that are also
FINRA members. For this reason, the Commission believes that waiver of
the 30-day operative delay for this proposal is consistent with the
protection of investors and the public interest. Accordingly, the
Commission hereby waives the 30-day operative delay and designates the
proposal operative upon filing.\57\
---------------------------------------------------------------------------

    \57\ FOR PURPOSES ONLY OF WAIVING THE 30-DAY OPERATIVE DELAY,
THE COMMISSION HAS CONSIDERED THE PROPOSED RULE CHANGE'S IMPACT ON
EFFICIENCY, COMPETITION, AND CAPITAL FORMATION. SEE 15 U.S.C.
78C(F).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-IEX-2022-11 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-IEX-2022-11. This file
number should be included in the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public

Reference Section, 100 F Street NE, Washington, DC 20549, on official
business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of
the filing will also be available for inspection and copying at the
IEX's principal office and on its internet website at
www.iextrading.com. All comments received will be posted without
change. Persons submitting comments are cautioned that we do not redact
or edit personal identifying information from comment submissions. You
should submit only information that you wish to make available
publicly. All submissions should refer to File Number SR-IEX-2022-11
and should be submitted on or before January 6, 2023. For the
Commission, by the Division of Trading and Markets, pursuant to
delegated authority.\58\
---------------------------------------------------------------------------

    \58\ 17 CFR 200.30-3(A)(12).

Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2022-27163 Filed 12-15-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: January 15, 2009 (Volume 74, Number 10)]
[Notices]
[Page 2574-2575]
[DOCID:fr15ja09-83]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13298-000]

Alaska Village Electric Cooperative; Notice of Preliminary Permit
Application Accepted for Filing and Soliciting Comments, Motions To
Intervene, and Competing Applications

January 8, 2009.
    On October 9, 2008, Alaska Village Electric Cooperative filed an
application, pursuant to section 4(f) of the Federal Power Act,
proposing to study the feasibility of the Port Clarence Hydrokinetic
Project (Port Clarence), located in Port Clarence, within an
Unorganized Borough, between the communities of Teller and Brevig

Mission, Alaska. The project uses no dam or impoundment.
    The proposed Port Clarence project would consist of: (1) 2 proposed
submerged Ocean Renewable horizontal axis crossflow turbines, with a
total installed capacity of 300 kilowatts, (2) a proposed 6.5-mile-
long, 7,200/12,400-kilovolt transmission line, and (3) appurtenant
facilities. The project is estimated to have an annual generation of
1.3-gigawatt-hours, which would be sold to a local utility.
    Applicant Contact: Mr. Brent Petrie, Alaska Village Electric
Cooperative 4831 Eagle Street, Anchorage, AK 99503, phone: 907/565-
5358.
    FERC Contact: Patricia W. Gillis<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Comments, motions to intervene, notices of intent, and competing
applications may be filed electronically via the Internet. See 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. If unable to be filed electronically,
documents may be paper-filed. To paper-file, an original and eight
copies should be mailed to: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426. For
more information on how to submit these types of filings please go to
the Commission's Web site located at http://www.ferc.gov/filing-
comments.asp. More information about this project can be viewed or
printed on the ``eLibrary'' link of Commission's Web site at http://
www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number (P-
13298) in the docket number field to access the document. For
assistance, call toll-free 1-866-208-3372.

Kimberly D. Bose,
Secretary.
 [FR Doc. E9-702 Filed 1-14-09; 8:45 am]

BILLING CODE 6717-01-P


19987 Federal Register / Vol. 68, No. 78 / Wednesday, April 23, 2003 / Notices EDOCKET. For further information about the electronic docket, see EPA's Federal Register notice describing the electronic docket at 67 FR 38102 ( May 31, 2002), or go to http:// www. epa. gov/ edocket. Title: State Laboratory Capacity and Capability, EPA ICR Number 2110.01. This is a request for a new information collection, and a notification that EPA will seek an emergency clearance from OMB to begin collecting information. Abstract: In early 2003, EPA completed a compendium of Laboratory Capability and Capacity. The compendium, available to EPA's emergency response community and select managers and staff, is contained in a data base that allows queries based on analytical capabilities, instrumentation, special handling abilities and location. This useful information was developed through a survey issued to EPA's thirty four fixed and two mobile laboratories. EPA has been asked by the Department of Homeland Security to pursue development of subsequent phases of this compendium to collect identical information from State laboratory sources. When complete, this information will result in a resource available to select State, local and federal entities involved in response to terrorist incidents involving unknown or suspected chemical, biological or radiological agents. 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. The OMB control numbers for EPA's regulations are listed in 40 CFR part 9 and 48 CFR chapter 15. The EPA would like to solicit comments to: ( i) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; ( ii) Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; ( iii) Enhance the quality, utility, and clarity of the information to be collected; and ( iv) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated electronic, mechanical, or other technological collection techniques or other forms of information technology, e. g., permitting electronic submission of responses. Burden Statement: The one time public reporting and recordkeeping burden for this collection of information is estimated to average 4.0 hours per response. 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. Respondents/ Affected Entities: 50 States. Estimated Number of Respondents: 100. Frequency of Response: Two per State. Estimated Total Annual Hour Burden: 400 hours. Estimated Total Annual Cost: $ 30,000; includes $ 6,000 O& M costs and $ 0 capital and startup costs.

E. Ramona Trovato, Deputy Assistant Administrator, Office of Environmental Information. [ FR Doc. 03   10164 Filed 4   22   03; 8: 45 am]

BILLING CODE 6560   50   P ENVIRONMENTAL PROTECTION AGENCY [ OPPT   2003   0004; FRL   7293   1]

Access to Confidential Business Information by Optimus Corporation AGENCY: Environmental Protection Agency ( EPA). ACTION: Notice.

SUMMARY: EPA has authorized prime contractor Optimus Corporation and its subcontractor, Centerscope Technologies of 8601 Georgia Avenue, Silver Spring, MD access to information which has been submitted to EPA under sections 4, 5, 6, 7, and 12 of the Toxic Substances Control Act ( TSCA). Some of the information may be claimed or determined to be Confidential Business Information ( CBI). DATES: Access to the confidential data submitted to EPA under sections 4, 5, 6, 7, and 12 of TSCA occurred as a result of an approved waiver dated March 31, 2003. FOR FURTHER INFORMATION CONTACT: Barbara A. Cunningham, Director, Environmental Assistance Division ( 7408M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number: ( 202) 554   1404; e mail address: TSCA <EMAIL_ADDRESS>epa. gov. SUPPLEMENTARY INFORMATION:

I. General Information A. Does this Notice Apply to Me?

This action is directed to the public in general. This action may, however, be of interest to those persons who are or may be required to conduct testing of chemical substances under TSCA. Since other entities may also be interested, the Agency has not attempted to describe all the specific entities that may be affected by this action. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Copies of This Document and Other Related Documents?

1. Docket. EPA has established an official public docket for this action under docket identification ( ID) number OPPT   2003   0004. The official public docket consists of the documents specifically referenced in this action, any public comments received, and other information related to this action. Although a part of the official docket, the public docket does not include CBI or other information whose disclosure is restricted by statute. The official public docket is the collection of materials that is available for public viewing at the EPA Docket Center, Rm. B102 Reading Room, EPA West, 1301 Constitution Ave., NW., Washington, DC. The EPA Docket Center is open from 8: 30 a. m. to 4: 30 p. m., Monday through Friday, excluding legal holidays. The EPA Docket Center Reading Room telephone number is ( 202) 566   1744 and the telephone number for the OPPT Docket, which is located in EPA Docket Center, is ( 202) 566   0280. 2. Electronic access. You may access this Federal Register document electronically through the EPA Internet under the `` Federal Register'' listings at http:// www. epa. gov/ fedrgstr/. An electronic version of the public docket is available through EPA's electronic public docket and comment system, EPA Dockets. You may use EPA Dockets at http:// www. epa. gov/ edocket/ to submit or view public comments, access the index listing of the contents of the official public docket, and to VerDate Jan< 31> 2003 14: 42 Apr 22, 2003 Jkt 200001 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 23APN1. SGM 23APN1 OPPT 2003 0004 0005 RECEIVED OPPT NCIC 2003 APR23 7: 11AM 19988 Federal Register / Vol. 68, No. 78 / Wednesday, April 23, 2003 / Notices access those documents in the public docket that are available electronically. Although not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the docket facility identified in Unit I. B. 1. Once in the system, select `` search,'' then key in the appropriate docket ID number.

II. What Action is the Agency Taking? Under Contract number 68   W   03   034 Optimus Corporation and Centerscope Technologies, of 8601 Georgia Avenue, Silver Spring, MD will assist EPA in processing 12( b) export notices submitted under sections 4, 5, 6, 7, and 12 of TSCA and issuing notification letters to foreign governments. In accordance with 40 CFR 2.306( j), EPA has determined that under Contract number 68   W   03   034, Optimus Corporation and Centerscope Technologies will require access to CBI submitted to EPA under sections 4, 5, 6, 7, and 12 of TSCA, to perform successfully the duties specified under the contract. Optimus Corporation and Centerscope Technologies personnel were given access to information submitted to EPA under sections 4, 5, 6, 7, and 12 of TSCA. Some of the information may be claimed or determined to be CBI. Optimus Corporation and Centerscope Technologies were granted a waiver March 31, 2003. This waiver was necessary to allow Optimus Corporation and Centerscope Technologies to assist the Office of Pollution Prevention and Toxics ( OPPT) in the activities listed above. EPA is issuing this notice to inform all submitters of information under sections 4, 5, 6, 7, and 12 of TSCA, that the Agency may provide Optimus Corporation and Centerscope Technologies access to these CBI materials on a need to know basis only. All access to TSCA CBI under this contract will take place at EPA Headquarters and Optimus Corporation's site at 801 Roeder Road, Suite 600, Silver Spring, MD. However, access will not occur at Optimus' Silver Spring, MD facility until after it has been inspected and approved for the storage of TSCA CBI. Optimus Corporation and Centerscope Technologies personnel will be required to adhere to all provisions of EPA's `` TSCA Confidential Business Information Security Manual.'' Clearance for access to TSCA CBI under Contract number 68   W   03   034 may continue until March 31, 2008. Optimus Corporation and Centerscope Technologies personnel will be required to sign nondisclosure agreements and will be briefed on appropriate security procedures before they are permitted access to TSCA CBI.

List of Subjects Environmental protection, Confidential business information.

Dated: April 14, 2003. Allan S. Abramson, Director, Information Management Division, Office of Pollution Prevention and Toxics. [ FR Doc. 03   9748 Filed 4   22   00; 8: 45 am]

BILLING CODE 6560   50   S ENVIRONMENTAL PROTECTION AGENCY [ OPP   2003   0131; FRL   7302   9]

Pesticide Products; Registration Applications AGENCY: Environmental Protection Agency ( EPA). ACTION: Notice.

SUMMARY: This notice announces receipt of applications to register previously registered products pursuant to the provisions of section 3( c)( 4) of the Federal Insecticide, Fungicide, and Rodenticide Act ( FIFRA), as amended. DATES: Written comments, identified by the docket ID number OPP   2003   0131, must be received on or before May 23, 2003. ADDRESSES: Comments may be submitted electronically, by mail, or through hand delivery/ courier. Follow the detailed instructions as provided in Unit I. of the SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Dennis McNeilly, Registration Division ( 7505C), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460   0001; telephone number: ( 703) 308   6742; e mail address: mcneilly. dennis@ epa. gov.

SUPPLEMENTARY INFORMATION:

I. General Information A. Does This Action Apply to Me? You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. Potentially affected entities may include, but are not limited to:   Crop production ( NAICS 111)   Animal production ( NAICS 112)   Food manufacturing ( NAICS 311)   Pesticide manufacturing ( NAICS 32532) This listing is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by this action. Other types of entities not listed in this unit could also be affected. The North American Industrial Classification System ( NAICS) codes have been provided to assist you and others in determining whether this action might apply to certain entities. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Copies of This Document and Other Related Information? 1. Docket. EPA has established an official public docket for this action under docket identification ( ID) number OPP   2003   0131. The official public docket consists of the documents specifically referenced in this action, any public comments received, and other information related to this action. Although a part of the official docket, the public docket does not include Confidential Business Information ( CBI) or other information whose disclosure is restricted by statute. The official public docket is the collection of materials that is available for public viewing at the Public Information and Records Integrity Branch ( PIRIB), Rm. 119, Crystal Mall # 2, 1921 Jefferson Davis Hwy., Arlington, VA. This docket facility is open from 8: 30 a. m. to 4 p. m., Monday through Friday, excluding legal holidays. The docket telephone number is ( 703) 305   5805. 2. Electronic access. You may access this Federal Register document electronically through the EPA Internet under the `` Federal Register'' listings at http:// www. epa. gov/ fedrgstr/. An electronic version of the public docket is available through EPA's electronic public docket and comment system, EPA Dockets. You may use EPA Dockets at http:// www. epa. gov/ edocket/ to submit or view public comments, access the index listing of the contents of the official 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 appropriate docket ID number. Certain types of information will not be placed in the EPA Dockets. Information claimed as CBI and other information whose disclosure is restricted by statute, which is not included in the official public docket, will not be available for public viewing in EPA's electronic public docket. EPA's policy is that copyrighted material will not be placed in EPA's electronic public docket but will be available only in VerDate Jan< 31> 2003 14: 42 Apr 22, 2003 Jkt 200001 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 23APN1. SGM 23APN1


   DEPARTMENT OF HEALTH & HUMAN SERVICES default		         		Public
Health Service

 ADVANCE \r360  ADVANCE \d3 	Food and Drug Administration

 ADVANCE \r360 	Rockville, MD  20857

April 14, 2005

Mr. Stephen D. Celestini

Salix Pharmaceuticals, Inc.

8540 Colonnade Center Drive

Suite 501

Raleigh, North Carolina  27615

Dear Mr. Celestini:

Your petition requesting the Food and Drug Administration to establish
guidance or regulations providing bioequivalence requirements for oral
locally-acting gastrointestinal(“GI”) drug products prior to
approval of any generic versions of such drugs,  was received by this
office on 04//13/2005. It was assigned docket number 2005P-0146/CP 1
and it was filed on 04/14/2005.  Please refer to this docket number in
future correspondence on this subject with the Agency.

Please note that the acceptance of the petition for filing is a
procedural matter in that it in no way reflects an agency decision on
the substantive merits of the petition.

Sincerely,

Lyle D. Jaffe

Division of Dockets Management

Office of Management Programs

Office of Management


[Federal Register: October 27, 2010 (Volume 75, Number 207)]
[Notices]
[Page 66085-66087]
[DOCID:fr27oc10-58]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2010-0723; FRL-8847-8; EPA ICR No. 0155.09; OMB Control No.
2070-0029]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Certification of Pesticide Applicators

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), this document announces that EPA is planning to
submit a request to renew an existing approved Information Collection
Request (ICR) to the Office of Management and Budget (OMB). This ICR,
entitled: ``Certification of Pesticide Applicators'' and identified by
EPA ICR No. 0155.09 and OMB Control No. 2070-0029, is scheduled to
expire on July 31, 2011. Before submitting the ICR to OMB for review
and approval, EPA is soliciting comments on specific aspects of the
proposed information collection.

DATES: Comments must be received on or before December 27, 2010.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2010-0723, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P),

Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket Facility's normal hours of operation (8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays).
Special arrangements should be made for deliveries of boxed
information. The Docket Facility telephone number is<PHONE_NUMBER>.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2010-0723. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through regulations.gov,
your e-mail address will be automatically captured and included as part
of the comment that is placed in the docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the docket index
available at http://www.regulations.gov. Although listed in the index,
some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of
operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal holidays. The Docket Facility telephone
number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Niva Kramek, Field and External
Affairs Division (7506P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; e-
mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. What information is EPA particularly interested in?

    Pursuant to section 3506(c)(2)(A) of PRA, EPA specifically solicits
comments and information to enable it to:
    1. Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the Agency,
including whether the information will have practical utility.
    2. Evaluate the accuracy of the Agency's estimates of the burden of
the proposed collection of information, including the validity of the
methodology and assumptions used.
    3. Enhance the quality, utility, and clarity of the information to
be collected.
    4. Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses. In particular, EPA is requesting comments from
very small businesses (those that employ less than 25) on examples of
specific additional efforts that EPA could make to reduce the paperwork
burden for very small businesses affected by this collection.

II. What should I consider when I prepare my comments for EPA?

    You may find the following suggestions helpful for preparing your
comments:
    1. Explain your views as clearly as possible and provide specific
examples.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used
that support your views.
    4. If you estimate potential burden or costs, explain how you
arrived at the estimate that you provide.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternative ways to improve the collection activity.
    7. Make sure to submit your comments by the deadline identified
under DATES.
    8. To ensure proper receipt by EPA, be sure to identify the docket
ID number assigned to this action in the subject line on the first page
of your response. You may also provide the name, date, and Federal
Register citation.

III. What information collection activity or ICR does this action apply
to?

    Affected entities: As identified by their North American Industrial
Classification System (NAICS) code, entities potentially affected by
this ICR are: Applicators on farms (crop production, NAICS code 111;
animal production, NAICS code 112); commercial services applicators
(exterminating and pest control services, NAICS code 561710);
administration of certification programs by States/Tribal lead agencies
(environmental protection program administration, NAICS code 924110;
pest control programs, agricultural, governmental, NAICS code 926140);
pesticide dealers (only for EPA-administered programs) (retail nursery,
lawn, and garden supply stores, NAICS code 444220; agricultural
chemicals merchant wholesalers, NAICS code 424910); pesticide and other
agricultural chemical manufacturing (individuals or entities engaged in
activities related to the registration of a pesticide product, NAICS
code 32532).
    Title: Certification of Pesticide Applicators.
    ICR numbers: EPA ICR No. 0155.09, OMB Control No. 2070-0029.
    ICR status: This ICR is currently scheduled to expire on July 31,
2011. 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. The OMB control numbers for EPA's
regulations in title 40 of the Code of Federal Regulations (CFR), after
appearing in the Federal Register when approved, are listed in 40 CFR
part 9, are displayed either by publication in the Federal Register or
by other appropriate means, such as on the related collection
instrument or form, if applicable. The display of OMB control numbers
for certain EPA regulations is consolidated in 40 CFR part 9.
    Abstract: In accordance with section 11 of the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA), EPA

administers and oversees training and certification programs for
pesticide applicators. FIFRA allows EPA to classify a pesticide as
``restricted use'' if the pesticide meets certain toxicity or risk
criteria. This ICR addresses the paperwork activities performed by
various EPA-authorized agencies of States and Indian Tribal governments
as well as Federal agencies (collectively referred to in this document
as ``authorized agencies'') and activities performed by firms in the
course of training and certifying persons who apply restricted use
pesticides. Because of their potential to harm human health or the
environment, restricted use pesticides may be purchased and applied
only by a certified applicator or by a person under the direct
supervision of a certified applicator. A person must meet certain
standards of competency to become a certified applicator; these
standards are met through completion of a certification program or
test. Authorized agencies administer certified applicator programs
within their jurisdictions, but each agency's certification plan must
be approved by EPA before it can be implemented. In areas where no
authorized agency has jurisdiction, EPA administers the certification
program directly, called a Federal program.
    This ICR also addresses how registrants of certain pesticide
products are expected to perform specific, special paperwork
activities, such as training and recordkeeping, in order to comply with
the terms and conditions of the pesticide registration (e.g.,
registrants of anthrax-related pesticide products that assert claims to
inactivate bacillus anthracis (anthrax) spores). Paperwork activities
associated with the use of such products are conveyed specifically as a
condition of the registration.
    No information of a sensitive or private nature is requested in
conjunction with this collection activity. Further, this information
collection activity complies with the provisions of the Privacy Act of
1974 and OMB Circular A-108.
    Burden statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average from
0.17 hours (ten minutes) to 77.35 hours per response, with a burden on
most respondents of 3.1 hours. 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 which have subsequently changed; 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.
    The ICR provides a detailed explanation of this estimate, which is
only briefly summarized here:
    Estimated total number of potential respondents: 427,131.
    Frequency of response: Annual.
    Estimated total average number of responses for each respondent:
One.
    Estimated total annual burden hours: 1,320,669 hours.
    Estimated total annual costs: $42,134,484. No capital investment or
maintenance and operational costs are expected for this information
collection.

IV. Are there changes in the estimates from the last approval?

    There is an increase of 10,918 hours in the total estimated
respondent burden compared with that identified in the ICR currently
approved by OMB. This increase reflects a program change: The expansion
of the Federal certified applicator program from Navajo country to all
of Indian country, nationally. Burden hours per respondent have not
changed.

V. What is the next step in the process for this ICR?

    EPA will consider the comments received and amend the ICR as
appropriate. The final ICR package will then be submitted to OMB for
review and approval pursuant to 5 CFR 1320.12. EPA will issue another
Federal Register notice pursuant to 5 CFR 1320.5(a)(1)(iv) to announce
the submission of the ICR to OMB and the opportunity to submit
additional comments to OMB. If you have any questions about this ICR or
the approval process, please contact the person listed under FOR
FURTHER INFORMATION CONTACT.

List of Subjects

    Environmental protection, Reporting and recordkeeping requirements.

    Dated: October 20, 2010.
Stephen A. Owens,
Assistant Administrator, Office of Chemical Safety and Pollution
Prevention.
[FR Doc. 2010-27168 Filed 10-26-10; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 81, Number 39 (Monday, February 29, 2016)]
[Rules and Regulations]
[Pages 10072-10074]
[FR Doc No: 2016-04036]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-1423; Directorate Identifier 2014-NM-173-AD;
Amendment 39-18418; AD 2016-04-24]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Model 757-200 Series
Airplanes Modified by Supplemental Type Certificate (STC) ST01529SE or
STC ST02278SE

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for certain
The Boeing Company Model 757-200 series airplanes modified by
particular STCs. This AD was prompted by reports of a main cargo door
being blown past its full open position while on the ground during
gusty wind conditions, which resulted in uncontrolled fall down to its
closed position. This AD requires installing a new placard and bracket,
replacing an existing placard, and replacing the main cargo door
control panel. We are issuing this AD to prevent damage to the main
cargo door, which could result in rapid decompression of the airplane,
or injury to maintenance and ground crew during ground operations.

DATES: This AD is effective April 4, 2016.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of April 4,
2016.

ADDRESSES: For service information identified in this final rule,
contact Precision Conversions LLC, 4900 SW Griffith Drive, Suite 133,
Beaverton, OR 97005; ATTN: Steven A. Lopez; phone:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>You may view this referenced
service information at the FAA, Transport Airplane Directorate, 1601
Lind Avenue SW., Renton, WA. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>. It is also available on
the Internet at http://www.regulations.gov by searching for and
locating Docket No. FAA-2015-1423.

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-2015-
1423; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this AD, the regulatory evaluation, any comments received, and
other information. The address for the Docket Office (phone: 800-647-
5527) is Docket Management Facility, 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: Narinder Luthra, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office
(ACO), 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-
6513;

fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to certain The Boeing Company
Model 757-200 series airplanes modified by particular STCs. The NPRM
published in the Federal Register on June 5, 2015 (80 FR 32061) (``the
NPRM''). The NPRM was prompted by reports of a main cargo door being
blown past its full open position while on the ground during gusty wind
conditions, which resulted in uncontrolled fall down to its closed
position. The NPRM proposed to require installation of a new placard
and bracket, replacement of an existing placard, and replacement of the
main cargo door control panel. We are issuing this AD to prevent damage
to the main cargo door, which could result in rapid decompression of
the airplane, or injury to maintenance and ground crew during ground
operations.

Comments

    We gave the public the opportunity to participate in developing
this AD. The following presents the comments received on the NPRM and
the FAA's response to each comment.

Request To Revise Description of the Unsafe Condition

    Precision Conversions, LLC requested that we revise the SUMMARY and
Discussion sections of the NPRM and the unsafe condition section of the
proposed AD. Precision Conversions, LLC stated that it was concerned by
certain conclusions stated in the NPRM for which it does not believe
there is a factual basis. Precision Conversions, LLC noted that the
NPRM stated that wind damage to a cargo door could result in rapid
decompression, leading to in-flight breakup. However, even without the
accomplishment of Precision Conversions Service Bulletin PC-757-11-
0023, dated August 1, 2014, Precision Conversions, LLC stated that the
suggested scenario would not occur. If, during ground operations, the
main cargo door were to deflect beyond the fully open position enough
to be of concern, its damaged operating system would prevent the cargo
door from closing as usual, which would not go unnoticed by the crew,
and the airplane would not be dispatched. Thus, a potential unsafe
condition would occur only on the ground, not in the air.
    Precision Conversions, LLC stated that a potential for an unsafe
condition does arise from the possibility of ground crew operating the
main cargo door outside of the wind limits published in the aircraft
maintenance manual and operations manual supplements. Precision
Conversions, LLC asserted that exceeding published limits could result
in damage to the door operating system and loss of control of the door,
creating an unsafe condition, but only during ground operations; thus,
Precision Conversions, LLC believed that the proposed language
regarding rapid decompression and in-flight breakup had no basis, given
the relevant factual scenario, and should not be included in the final
rule. Precision Conversions, LLC requested that we revise the unsafe
condition to indicate that the NPRM will ``prevent wind damage to the
main cargo door operating system and ensure its safe use during ground
operations.''
    We partially agree with the request. We disagree that a damaged
door will always be detected because of human factors. We agree,
however, that rapid decompression might not necessarily lead to in-
flight breakup, which would depend on the decompression. We have
therefore revised the SUMMARY and Discussion sections of this final
rule and paragraph (e), Unsafe Condition, of this AD to remove
reference to in-flight breakup, and to include injury to maintenance
and ground crew during ground operations.

Statement Regarding Content of NPRM

    Boeing stated that the NPRM does not address or affect any Boeing
designs; therefore, Boeing can neither review the data nor comment on
the content of the NPRM.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
this AD with the changes described previously and minor editorial
changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.
    We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this AD.

Related Service Information Under 1 CFR Part 51

    We reviewed Precision Conversions LLC Service Bulletin PC-757-11-
0023, dated August 1, 2014. The service information describes
procedures for installing a new placard and bracket, replacement of an
existing placard, and replacement of the main cargo door control panel.
This service information is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 9 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
              Action                        Labor cost            Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
Installation......................  6 work-hours x $85 per               $0 *             $510           $4,590
                                     hour = $510.
----------------------------------------------------------------------------------------------------------------
* According to the manufacturer, the kits will be provided at no charge to operators.

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

    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 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):

2016-04-24 The Boeing Company: Amendment 39-18418; Docket No. FAA-
2015-1423; Directorate Identifier 2014-NM-173-AD.

(a) Effective Date

    This AD is effective April 4, 2016.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 757-200 series
airplanes, certificated in any category, modified by the applicable
supplemental type certificate identified in paragraphs (c)(1) and
(c)(2) of this AD.
    (1) ST01529SE (http://rgl.faa.gov/
Regulatory_and_Guidance_Library/rgstc.nsf/0/
0af09c3701a237ee86257a5d0064b3aa/$FILE/ST01529SE.pdf).
    (2) ST02278SE (http://rgl.faa.gov/
Regulatory_and_Guidance_Library/rgstc.nsf/0/
e54b5289a2e9f6ef86257b7f0056edaf/$FILE/ST02278SE.pdf).

(d) Subject

    Air Transport Association (ATA) of America Code 11, Placards and
Markings.

(e) Unsafe Condition

    This AD was prompted by reports of a main cargo door being blown
past its full open position while on the ground during gusty wind
conditions, which resulted in uncontrolled fall down to its closed
position. We are issuing this AD to prevent damage to the main cargo
door, which could result in rapid decompression of the airplane, or
injury to maintenance and ground crew during ground operations.

(f) Compliance

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

(g) Installation

    Within 90 days after the effective date of this AD, install a
new placard and bracket, replace the existing placard, and replace
the main cargo door control panel, in accordance with the
Accomplishment Instructions of Precision Conversions Service
Bulletin PC-757-11-0023, dated August 1, 2014.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. In accordance with 14
CFR 39.19, send your request to your principal inspector or local
Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in paragraph (i)(1) of this AD.
Information may be emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(i) Related Information

    For more information about this AD, contact Narinder Luthra,
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft
Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 98057-
3356; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
(j) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Precision Conversions Service Bulletin PC-757-11-0023, dated
August 1, 2014.
    (ii) Reserved.
    (3) For service information identified in this AD, contact
Precision Conversions LLC, 4900 SW Griffith Drive, Suite 133,
Beaverton, OR 97005; ATTN: Steven A. Lopez; phone:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>    (4) You may view this service information at FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call
425-227-1221.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on February 16, 2016.
Dionne Palermo,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2016-04036 Filed 2-26-16; 8:45 am]
 BILLING CODE 4910-13-P