[Federal Register Volume 78, Number 61 (Friday, March 29, 2013)]
[Rules and Regulations]
[Pages 19085-19088]
[FR Doc No: 2013-06172]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0150; Directorate Identifier 2011-NM-234-AD;
Amendment 39-17399; AD 2013-06-03]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

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

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for all
Airbus Model A318, A319, A320, and A321 series airplanes. This AD was
prompted by reports of oil residue between the stator and the rotor
parts of the position resolvers of the angle of attack (AOA) vane,
which was a result of incorrect removal of the machining oil during the
manufacturing process of the AOA resolvers. This AD requires an
inspection to determine if certain AOA probes are installed, and
replacement of any affected AOA probe. We are issuing this AD to
prevent erroneous AOA information and consequent delayed or non-
activation of the AOA protection systems, which during flight at a high
AOA, could result in reduced control of the airplane.

DATES: This AD becomes effective May 3, 2013.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of May 3, 2013.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone (425)
227-1405; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a second supplemental notice of proposed rulemaking
(SNPRM) to amend 14 CFR part 39 to include an AD that would apply to
the specified products. That second SNPRM was published in the Federal
Register on

December 10, 2012 (77 FR 73340). That second SNPRM proposed to correct
an unsafe condition for the specified products. The Mandatory
Continuing Airworthiness Information (MCAI) states:

    During Airbus Final Assembly Line flight tests, AoA [angle of
attack] data from two different aeroplanes were found inaccurate,
which was confirmed by flight data analysis.
    Investigation conducted by Airbus and Thales on the removed
probes revealed oil residue between the stator and the rotor parts
of the AoA vane position resolvers. This oil residue was the result
of incorrect removal of machining oil during the manufacturing
process of the AoA resolvers. At low temperatures, this oil residue
becomes viscous (typically in cruise), causing delayed and/or
reduced AoA vane movement. Multiple AOA probes could be
simultaneously affected, providing incorrect indications of the AoA
of the aeroplane.
    This condition, if not corrected, could lead to erroneous AoA
information and consequent delayed or non-activation of the AoA
protection systems which, during flight at a high angle of attack,
could result in reduced control of the aeroplane.
    For the reasons described above, this [European Aviation Safety
Agency (EASA)] AD requires the identification of the serial number
(s/n) of each installed Thales Avionics Part Number (P/N) C16291AA
AoA probe and the replacement of all suspect units with serviceable
ones. This AD also prohibits the (re)installation of these same s/n
probes on any aeroplane, unless corrective measures have been
accomplished.

    You may obtain further information by examining the MCAI in the AD
docket.

Comments

    We gave the public the opportunity to participate in developing
this AD. We considered the comment received.

Request to Update Service Information

    Airbus requested that the service information referenced in the
second SNPRM (77 FR 73340, December 10, 2012) be updated to include
recently added service information. Airbus stated that EASA has issued
AD 2012-0236R1, dated December 17, 2012. In addition, Airbus stated
that Thales Avionics has issued Service Bulletin C16291A-34-007,
Revision 04, dated October 11, 2012.
    We partially agree with Airbus' request regarding using the most
recent service information. Since the second SNPRM (77 FR 73340,
December 10, 2012) was issued, we have reviewed Thales Avionics Service
Bulletin C16291A-34-007, Revision 04, dated October 11, 2012. The
actions in that service information remain unchanged from the previous
service information. We have revised paragraphs (g), (i), and (k) of
this AD accordingly to reflect the most current Thales Avionics service
information.
    In addition, we have reviewed EASA AD 2012-0236, dated November 9,
2012 (corrected November 12, 2012), and EASA AD 2012-0236R1, dated
December 17, 2012. We have determined that no subsequent changes are
required in this final rule as done to the EASA AD. We have not changed
this final rule in this regard.

Conclusion

    We reviewed the available data, including the comment received, and
determined that air safety and the public interest require adopting the
AD with the changes described previously-and minor editorial changes.
We have determined that these changes:
     Are consistent with the intent that was proposed in the
second SNPRM (77 FR 73340, December 10, 2012) for correcting the unsafe
condition; and
     Do not add any additional burden upon the public than was
already proposed in the SNPRM (77 FR 73340, December 10, 2012).

Costs of Compliance

    We estimate that this AD will affect 755 products of U.S. registry.
We also estimate that it will take about 2 work-hours per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour. Based on these figures, we estimate the cost of
this AD to the U.S. operators to be $128,350, or $170 per product.
    In addition, we estimate that any necessary follow-on actions would
take about 3 work-hours and require parts costing $0, for a cost of
$255 per product. We have no way of determining the number of products
that may need these actions.

Authority for This Rulemaking

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

Regulatory Findings

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

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains the second SNPRM (77 FR 73340,
December 10, 2012), the regulatory evaluation, any comments received,
and other information. The street address for the Docket Operations
office (telephone<PHONE_NUMBER>) is in the ADDRESSES section. Comments
will be available in the AD docket shortly after receipt.

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 AD:

2013-06-03 Airbus: Amendment 39-17399. Docket No. FAA-2012-0150;
Directorate Identifier 2011-NM-234-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective May 3, 2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Airbus Model A318-111, -112, -121, and -
122 airplanes; Model A319-111, -112, -113, -114, -115, -131, -132,
and -133 airplanes; Model A320-111, -211, -212, -214, -231, -232,
and -233 airplanes; and Model A321-111, -112, -131, -211, -212, -
213, -231, and -232 airplanes; certificated in any category; all
manufacturer serial numbers.

(d) Subject

    Air Transport Association (ATA) of America Code 34: Navigation.

(e) Reason

    This AD was prompted by reports of oil residue between the
stator and the rotor parts of the position resolvers of the angle of
attack (AOA) vane, which was a result of incorrect removal of the
machining oil during the manufacturing process of the AOA resolvers.
We are issuing this AD to prevent erroneous AOA information and
consequent delayed or non-activation of the AOA protection systems,
which during flight at a high angle of attack, could result in
reduced control of the airplane.

(f) Compliance

    You are responsible for having the actions required by this AD
performed within the compliance times specified, unless the actions
have already been done.

(g) Inspection

    Within 12 months after the effective date of this AD, except as
provided by paragraph (h) of this AD: Do the inspections specified
in paragraphs (g)(1) and (g)(2) of this AD.
    (1) Inspect to determine the part number (P/N) and serial number
of each Thales Avionics AOA probe, in accordance with the
Accomplishment Instructions of Airbus Service Bulletin A320-34-1452,
dated January 29, 2010. If any probe is found having P/N C16291AA
and having a serial number listed in Thales Avionics Service
Bulletin C16291A-34-007, Revision 04, dated October 11, 2012: Within
12 months after the effective date of this AD, replace the AOA
probe, in accordance with the Accomplishment Instructions of Airbus
Service Bulletin A320-34-1452, provided that Thales Avionics Service
Bulletin C16291A-34-009, dated September 10, 2009; or Airbus Service
Bulletin A320-34-1444, dated October 7, 2009; have not been
accomplished. Thales Avionics Service Bulletin C16291A-34-009, dated
September 10, 2009; and Airbus Service Bulletin A320-34-1444, dated
October 7, 2009; (which are not incorporated by reference in this
AD) cannot be used for the installation of AOA probes having P/N
C16291AB. A review of airplane maintenance records is acceptable in
lieu of this inspection if the part number and serial number of the
installed AOA probes can be conclusively determined from that
review.
    (2) Inspect to determine the part number and serial number of
each Thales Avionics AOA probe, in accordance with paragraph
3.C.(1)(a) of the Accomplishment Instructions of Airbus Service
Bulletin A320-34-1452, dated January 29, 2010. If any probe is found
having P/N C16291AB, on which Thales Avionics Service Bulletin
C16291A-34-009, dated September 10, 2009; or Airbus Service Bulletin
A320-34-1444, dated October 7, 2009; (which are not incorporated by
reference in this AD) has been accomplished: Within 12 months after
the effective date of this AD, replace the AOA probe, in accordance
with a method approved by the Manager, International Branch, ANM-
116, FAA, or European Aviation Safety Agency (EASA) (or its
delegated agent). A review of airplane maintenance records is
acceptable in lieu of the inspection specified in this paragraph if
the part number of the installed AOA probes can be conclusively
determined from that review.

    Note 1 to paragraph (g)(2) of this AD: Additional guidance for
replacing the AOA probes may be found in Task 34-11-19-000-001-A,
Removal of the Angle of Attack Sensor, of the Airbus A318/A319/A320/
A321 Aircraft Maintenance Manual, which is not incorporated by
reference in this AD.

(h) Exception to the Requirements of Paragraph (g) of This AD

    For any airplane on which Airbus modification 150006
(installation of Thales Avionics AOA probes P/N C16291AB) or
modification 26934 (installation of Goodrich AOA probes P/N 0861ED)
has been embodied in production, and on which no AOA probe
replacement has been made since first flight: The actions specified
in paragraph (g) of this AD are not required.

(i) Parts Installation Limitation and Prohibition

    (1) As of the effective date of this AD, no person may install a
Thales Avionics AOA probe, P/N C16291AA, having a serial number
listed in Thales Avionics Service Bulletin C16291A-34-007, Revision
04, dated October 11, 2012, on any airplane, unless that Thales
Avionics probe has been inspected, re-identified, and tested, in
accordance with the Accomplishment Instructions of the service
information specified in paragraphs (i)(1)(i) through (i)(1)(iv) of
this AD.
    (i) Thales Avionics Service Bulletin C16291A-34-007, Revision
04, dated October 11, 2012.
    (ii) Thales Avionics Service Bulletin C16291A-34-007, Revision
03, dated April 10, 2012.
    (iii) Thales Avionics Service Bulletin C16291A-34-007, Revision
02, dated December 16, 2011.
    (iv) Thales Avionics Service Bulletin C16291A-34-007, Revision
01, dated December 3, 2009.
    (2) As of the effective date of this AD, no person may install a
Thales Avionics AOA probe, P/N C16291AB, on which Thales Avionics
Service Bulletin C16291A-34-009, dated September 10, 2009; or Airbus
Service Bulletin A320-34-1444, dated October 7, 2009; (which are not
incorporated by reference in this AD) has been incorporated.

(j) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Branch, send it to ATTN: Sanjay
Ralhan, Aerospace Engineer, International Branch, ANM-116, Transport
Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, Washington
98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
Information may be emailed to<EMAIL_ADDRESS>
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. The AMOC approval letter must specifically reference this
AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.

(k) Related Information

    Refer to MCAI EASA AD 2011-0203, dated October 13, 2011, and the
service information specified in paragraphs (k)(1) through (k)(5) of
this AD, for related information.
    (1) Airbus Service Bulletin A320-34-1452, dated January 29,
2010.
    (2) Thales Avionics Service Bulletin C16291A-34-007, Revision
04, dated October 11, 2012.
    (3) Thales Avionics Service Bulletin C16291A-34-007, Revision
03, dated April 10, 2012.
    (4) Thales Avionics Service Bulletin C16291A-34-007, Revision
02, dated December 16, 2011.
    (5) Thales Avionics Service Bulletin C16291A-34-007, Revision
01, dated December 3, 2009.

 (l) 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) Airbus Service Bulletin A320-34-1452, dated January 29,
2010.

    (ii) Thales Avionics Service Bulletin C16291A-34-007, Revision
04, dated October 11, 2012.
    (iii) Thales Avionics Service Bulletin C16291A-34-007, Revision
03, dated April 10, 2012. Pages 1, 8, 10, 11, and 13 of this
document are identified as Revision 03, dated April 10, 2012. Pages
2, 7, and 12 are identified as Revision 01, dated December 3, 2009.
Page 9 is identified as Revision 02, dated December 16, 2011.
    (iv) Thales Avionics Service Bulletin C16291A-34-007, Revision
02, dated December 16, 2011. Pages 1, and pages 8 through 10 of this
document are identified as Revision 02, dated December 16, 2011;
pages 2 through 7, and pages 11 through 13 are identified as
Revision 01, dated December 3, 2009.
    (v) Thales Avionics Service Bulletin C16291A-34-007, Revision
01, dated December 3, 2009.
    (3) For Airbus service information identified in this AD,
contact Airbus, Airworthiness Office--EAS, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96;
fax +33 5 61 93 44 51; email<EMAIL_ADDRESS>
Internet http://www.airbus.com. For Thales Avionics service
information identified in this AD, contact Thales Avionics, Retrofit
Manager, 105, Avenue du G[eacute]n[eacute]ral Eisenhower, BP 63647,
31036 Toulouse Cedex 1, France; telephone +33 5 61 19 76 95; fax +33
5 61 19 68 20; email<EMAIL_ADDRESS>Internet
http://www.thalesgroup.com/aerospace.
    (4) You may review copies of the 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>.
    (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 March 8, 2013.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-06172 Filed 3-28-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 79, Number 59 (Thursday, March 27, 2014)]
[Notices]
[Pages 17146-17147]
[FR Doc No: 2014-06816]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2014-0011; FRL-9907-93]

Notice of Receipt of Pesticide Products; Registration
Applications To Register New Uses

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces receipt of applications to register new
uses for pesticide products containing currently registered active
ingredients pursuant to the provisions of section 3(c) of the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended. This
notice provides the public with an opportunity to comment on the
applications.

DATES: Comments must be received on or before April 28, 2014.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number and the EPA Registration Number or EPA File Symbol of
interest as shown in the body of this document, by one of the following
methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.htm.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Susan Lewis, Antimicrobials Division
(AD) (7510P), email address<EMAIL_ADDRESS>or Lois Rossi,
Registration Division (RD) (7505P), email address<EMAIL_ADDRESS>
main telephone number:<PHONE_NUMBER>, Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460-0001. As part of the mailing address, include the
contact person's name, division, and mail code. Office of Pesticide
Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460-0001.

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.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather

provides a guide to help readers determine whether this document
applies to them. Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.

II. Registration Applications

    EPA has received applications to register new uses for pesticide
products containing currently registered active ingredients. Pursuant
to the provisions of FIFRA section 3(c)(4), EPA is hereby providing
notice of receipt and opportunity to comment on these applications.
Notice of receipt of these applications does not imply a decision by
the Agency on these applications. For actions being evaluated under the
Agency's public participation process for registration actions, there
will be an additional opportunity for a 30-day public comment period on
the proposed decision. Please see the Agency's public participation Web
site for additional information on this process (http://www.epa.gov/pesticides/regulating/registration-public-involvement.html). EPA
received the following applications to register new uses for pesticide
products containing currently registered active ingredients:

1. EPA Registration Numbers/EPA File Symbol: 264-1078, 264-1084,
264-1085, 264-1090, 264-1091, and 264-RRAT. Docket ID number: EPA-
HQ-OPP-2013-0662. Applicant: Bayer CropScience LLC, P.O. Box 12014,
2 T.W. Alexander Drive, Research Triangle Park, NC 27709. Active
ingredient: Fluopyram. Product type: Fungicide. Proposed uses:
Soybean, seed; cotton, seed; cotton, gin byproducts; peanut; grains,
cereal, except rice, Group 15; grains, cereal, forage, Group 16; and
grain, cereal, fodder, hay, and straw, Group 16. (RD)
2. EPA Registration Number/EPA File Symbol: 264-1049 and 432-RLGN.
Docket ID number: EPA-HQ-OPP-2014-0100. Applicant: Bayer CropScience
LLC, P.O. Box 12014, 2 T.W. Alexander Drive, Research Triangle Park,
NC 27709. Active ingredient: Spirotetramat. Product type:
Insecticide. Proposed uses: Lawn and turfgrass, including sod farms.
(RD)
3. EPA File Symbol: 432-RLGU. Docket ID number: EPA-HQ-OPP-2014-
0208. Applicant: Bayer CropScience LLC, P.O. Box 12014, 2 T.W.
Alexander Drive, Research Triangle Park, NC 27709. Active
ingredient: Deltamethrin. Product type: Insecticide. Proposed use:
Wide area mosquito adulticide. (RD)
4. EPA Registration Numbers: 7969-275 and 7969-0276. Docket ID
number: EPA-HQ-OPP-2014-0124. Applicant: BASF Corporation, P.O. Box
13528, 26 Davis Drive, Research Triangle Park, NC 27709-3528. Active
ingredient: Saflufenacil. Product type: Herbicide. Proposed uses:
Broadleaf weed control around olive trees. (RD)
5. EPA Registration Number: 10163-6414. Docket ID number: EPA-HQ-
OPP-2013-0644. Applicant: Gowan, P.O. Box 5569, Yuma, AZ 85366-5569.
Active ingredient: Zoxamide. Product type: Fungicide. Proposed uses:
Onion, bulb, subgroup 3-07. (RD)
6. EPA Registration Numbers: 59639-139 and 59639-140. Docket ID
number: EPA-HQ-OPP-2014-0116. Applicant: Valent U.S.A. Corporation,
1600 Riviera Ave., Suite 200, Walnut Creek, CA 94596. Active
ingredient: Fluopicolide. Product type: Fungicide. Proposed use:
Tobacco. (RD)
7. EPA Registration Numbers: 62719-266, 62719-497, and 62719-621.
Docket ID number: EPA-HQ-OPP-2013-0727. Applicant: Dow AgroSciences,
LLC, 9330 Zionsville Road, Indianapolis, IN 46268. Active
ingredient: Spinosad. Product type: Insecticide. Proposed use:
Coffee, berry subgroups 13-07F and G, green onion subgroup 3-07B,
and cottonseed subgroup 20C. (RD)
8. EPA Registration Numbers: 62719-539, 62719-541, and 62719-545.
Docket ID number: EPA-HQ-OPP-2013-0730. Applicant: Dow AgroSciences,
LLC, 9330 Zionsville Road, Indianapolis, IN 46268. Active
ingredient: Spinetoram. Product type: Insecticide. Proposed use:
Coffee, berry subgroups 13-07F and G; green onion, subgroup 3-07B;
and cottonseed, subgroup 20C. (RD)
9. EPA Registration Number: 65217-1. Docket ID Number: EPA-HQ-OPP-
2014-0146. Applicant: Hammonds Fuel Additives, Inc., c/o Delta
Analytical Corp., 12510 Prosperity Drive, Suite 160, Silver Spring,
MD 20904. Active ingredient: 2,2'-(1-methyltrimethylenedioxy)bis(4-
methyl-1,3,2-dioxaborinane). Product type: Microbicide/microbistat.
Proposed uses: New use intended to control microbial growth in all
hydraulic fluids, lubricants, transmission fluids, and anti-freeze.
(AD)
10. EPA Registration Symbols: 71512-EL and 71512-EU. Docket ID
number: EPA-HQ-OPP-2014-0153. Applicant: ISK Biosciences
Corporation, 7470 Auburn Road, Suite A, Concord, OH 44077. Active
ingredient: Pyriofenone. Product type: Fungicide. Proposed uses: For
use on Cucurbit, Crop Group 9; and berry and small fruit, Crop Group
13-07, except large shrub/tree berry, crop subgroup 13-07C. (RD)

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: March 13, 2014.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2014-06816 Filed 3-26-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: February 23, 2007 (Volume 72, Number 36)]
[Notices]
[Page 8222-8227]
[DOCID:fr23fe07-103]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55302; File No. SR-MSRB-2006-09]

Self-Regulatory Organizations; Municipal Securities Rulemaking
Board; Notice of Filing of Proposed Rule Change and Amendment No. 1
Thereto Relating to MSRB Rule G-21, on Advertising, and MSRB Rule G-27,
on Supervision

February 15, 2007.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on November 21, 2006, the Municipal Securities Rulemaking Board
(``MSRB'') filed with the Securities and Exchange Commission (``SEC''
or ``Commission'') the proposed rule change, and amended such proposed
rule change on February 12, 2007 (``Amendment No. 1''), as described in
Items I, II, and III below, which Items have been substantially
prepared by the MSRB. The Commission is publishing this notice to
solicit comments on the proposed rule change, as amended, from
interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The MSRB has filed with the SEC a proposed rule change consisting
of (i) Amendments to Rule G-21, on advertising, and Rule G-27, on
supervision, and (ii) an interpretation (the ``proposed interpretive
notice'') on general advertising disclosures, blind advertisements and
annual reports relating to municipal fund securities. The MSRB proposes
that the proposed rule change be made effective on April 1, 2007. The
text of the proposed rule change is available on the MSRB's Web site
(http://www.msrb.org), at the MSRB's principal office, and at the

Commission's Public Reference Room.

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

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

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

1. Purpose
    In 2005, the MSRB adopted new section (e) of Rule G-21 that
established specific standards for advertisements by brokers, dealers
and municipal securities dealers (``dealers'') of municipal fund
securities, including interests in 529 college savings plans (``529
plans'').\3\ This section of the rule was modeled in part on Rule 482
adopted by the SEC under the Securities Act of 1933, as amended (the
``Securities Act''), and also codified previous MSRB interpretive
guidance

on advertisements of municipal fund securities. On May 12, 2006, the
MSRB published interpretive guidance on certain elements of amended
Rule G-21 as they apply to advertisements of 529 plans.\4\
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    \3\ Municipal fund securities are defined in Rule D-12. 529
college savings plans are established by states under Section
529(b)(A)(ii) of the Internal Revenue Code as ``qualified tuition
programs'' through which individuals make investments for the
purpose of accumulating savings for qualifying higher education
costs of beneficiaries. Section 529 of the Internal Revenue Code
also permits the establishment of so-called prepaid tuition plans by
states and higher education institutions. All references to 529
plans are intended to encompass only 529 college savings plans
established under Section 529(b)(A)(ii).
    \4\ See Rule G-21 Interpretive Letter--529 College Savings Plan
Advertisements, MSRB Interpretation of May 12, 2006, published in
MSRB Notice 2006-13 (May 15, 2006) (the ``May 2006
Interpretation''). When approved, the proposed rule change will
supersede this May 2006 Interpretation.
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    The proposed rule change further harmonizes the MSRB's advertising
rule with the rules of the SEC and NASD relating to investment company
advertising. The proposed rule change also provides certain
clarifications of and exceptions to existing standards that the MSRB
believes more closely tailor the provisions of the rule to the specific
characteristics of the municipal fund securities market without
reducing the investor protections afforded by the rule. Although most
of the amendments effected by the proposed rule change relate
specifically to advertisements of municipal fund securities, certain
provisions would apply to advertisements of all types of municipal
securities, including bonds and notes.
Provisions of General Applicability
    Definition of Advertisement. The proposed rule change modifies the
existing definition of ``advertisement'' as set forth in Rule G-
21(a)(i) \5\ to more closely conform it to the terms ``advertisement''
and ``sales literature'' under NASD Rule 2210(a)(1) and (2). The
revised definition is intended to be as inclusive as the terms
``advertisement'' and ``sales literature'' are used under NASD and SEC
rules, except as otherwise specifically provided in Rule G-21(a)(i).
Thus, the reference in the revised definition of ``advertisement'' to
any electronic or other public media should be read as broadly as in
the definition of ``advertisement'' under NASD Rule 2210(a)(1), even
though the definition set forth in Rule G-21(a)(i) does not include the
list of media that currently or in the future may appear in the NASD
definition.
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    \5\ The proposed rule change re-designates several existing
provisions and incorporates new headings for many provisions to
assist in compliance with the rule. References herein to rule
provisions refer to such provisions as re-designated in the proposed
rule change.
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    Definition of Form Letter. The proposed rule change adds a new
definition of ``form letter'' in Rule G-21(a)(ii) that is consistent
with Rule 24b-1 under the Investment Company Act of 1940, as amended
(the ``Investment Company Act''), but clarifies that a form letter
includes both written letters (including post cards and similar
mailings) and electronic mail messages.
    Definitions of and Content Standards for Professional and Product
Advertisements. The proposed rule change provides explicit definitions
for ``professional advertisement'' and ``product advertisement'' and
sets forth the applicable content standards for these types of
advertisements. The amendment to the definition of ``professional
advertisement'' under Rule G-21(b)(i) does not effect a change in how
such term has been viewed historically under the rule. The amendment to
the definition of ``product advertisement'' under Rule G-21(c)(i),
however, clarifies that it applies to advertisements of specific
municipal securities or advertisements that discuss specific features
of municipal securities, rather than to advertisements that may merely
mention general categories of municipal securities.\6\ The content
standard for professional advertisements under Rule G-21(b)(ii) is
unchanged, as is the baseline standard for product advertisements under
Rule G-21(c)(ii).\7\
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    \6\ The definition of ``product advertisement'' in the proposed
rule change codifies interpretive guidance provided in the May 2006
Interpretation.
    \7\ However, the additional specific content standards under
section (e) of Rule G-21 for municipal fund securities product
advertisements are modified by the proposed rule change, as
described below.
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    General Content Standard for Advertisements. Rule G-21(a)(iii)
establishes a general content standard for advertisements that are
neither professional advertisements nor product advertisements.\8\ This
standard is the same as the existing baseline content standard for
product advertisements. The MSRB emphasizes that all advertisements,
regardless of category, are subject to the MSRB's basic fair dealing
rule, Rule G-17, which requires each dealer, in the conduct of its
municipal securities activities, to deal fairly with all persons, and
prohibits the dealer from engaging in any deceptive, dishonest or
unfair practice. The proposed rule change does not alter these fair
dealing principles, which continue to apply to all advertisements.
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    \8\ The May 2006 Interpretation effectively recognized that the
professional and product advertisement content standards under
existing Rule G-21 may not apply to certain advertisements that do
not fit neatly into either category.
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Generic and Blind Advertisements for Municipal Fund Securities

    Generic Advertisements. The proposed rule change establishes under
Rule G-21(e)(i)(B)(1) provisions relating to generic advertising of
municipal fund securities. A generic advertisement of municipal fund
securities that meets the requirements of Rule G-21(e)(i)(B)(1) would
not need to include the general disclosures required under Rule G-
21(e)(i)(A).\9\
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    \9\ Rule G-21(e)(i)(B)(1) is modeled in part on Securities Act
Rule 135a relating to generic investment company advertising.
However, the proposed rule change modifies or omits certain basic
features of Rule 135a to adapt the concept of generic advertising to
the specific characteristics of the municipal fund securities
market.
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    Blind Advertisements. The proposed rule change provides for more
limited disclosures for certain blind advertisements under Rule G-
21(e)(i)(B)(2). Under this provision, advertisements that promote an
issuer and its public purpose without promoting specific municipal fund
securities or identifying a dealer or its affiliates would be permitted
to limit basic disclosures in the same manner as generic
advertisements.\10\ A blind advertisement may contain contact
information for the issuer or its agent to obtain an official statement
or other information, provided that if the dealer or its affiliate acts
as such agent, no orders may be accepted through such contact unless
such order is initiated by the customer. The proposed interpretive
notice emphasizes that a blind advertisement may not identify the
dealer or its affiliate and provides guidance to dealers acting as the
issuer's agent in responding to customer inquiries and accepting
customer orders made through the contact information included in a
blind advertisement. The guidance provided with regard to whether an
order may have been initiated by the customer applies solely to this
provision of Rule G-21 and is not intended to be determinative as to
whether the dealer has recommended the transaction to the customer for
purposes of Rule G-19, on suitability of recommendations and
transactions, since, depending on the facts and circumstances, the
customer may have initiated the order based on a recommendation from
the dealer.
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    \10\ This provision effectively codifies, with minor
modifications, interpretive guidance provided in the May 2006
Interpretation.
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    In addition, advertisements qualifying as blind advertisements
under Rule G-21(e)(i)(B)(2) are excepted from the requirement in Rule
G-21(e)(iv) to include the dealer's capacity since the dealer is not
identified in the advertisements.

Performance Data for Municipal Fund Securities

    Disclosure of Fees and Expenses in Advertisements and
Correspondence. The proposed rule change includes provisions
substantially similar to

recently approved NASD Rule 2210(d)(3) relating to investment company
advertisements, sales literature and correspondence containing
performance data, which becomes effective on April 1, 2007.\11\ Rule G-
21(e)(i)(A)(3)(b) and (c) will retain the existing requirement that
advertisements containing performance data for municipal fund
securities disclose the maximum amount of the sales load or other
nonrecurring fee.\12\ Such advertisement will be further required to
disclose the total annual operating expense ratio, except for municipal
fund securities held out as having the characteristics of a money
market fund.\13\ Print advertisements will be required under Rule G-
21(e)(i)(A)(4)(a)(iii) to include text box disclosure of this
information, which may be combined with comparative performance and fee
data and disclosures provided for under section (e) of the rule. New
Rule G-21(e)(vii) will provide that any correspondence with the public
that includes performance data for municipal fund securities must
comply with the performance data requirements of Rule G-21(e) as if
such correspondence were a product advertisement under that section of
the rule.\14\ The proposed rule change adds language in Rule G-
27(d)(ii), on supervision, with respect to supervisory procedures
relating to the review of correspondence for compliance with this new
requirement.\15\
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    \11\ See Exchange Act Release No. 54103 (July 5, 2006), 71 FR
39379 (July 12, 2006). See also NASD Notice to Members 06-48
(September 2006).
    \12\ As required under NASD Rule 2210(d)(3)(A)(ii)(a), such
maximum sales load (whether as a maximum sales charge or maximum
deferred sales charge) must be current as of the date such
advertisement is submitted for publication or is otherwise
disseminated.
    \13\ Under Rule G-21(e)(ii)(C), the total annual operating
expense ratio must be calculated as of the most recent practicable
date considering the type of municipal fund securities and the media
through which such information will be conveyed. Additional language
included in Rule G-21(e)(i)(A)(3)(c) and (e)(ii)(A) recognizes that
municipal fund securities are not subject to the registration
requirements of the Securities Act and is designed to ensure that
information on fees and expenses is determined in a manner
consistent with the registered investment company market, to the
extent possible.
    \14\ Although the other provisions of Rule G-21 would not apply
to correspondence covered by Rule G-21(e)(vii), the basic fair
dealing requirements of Rule G-17 described above would still apply.
    \15\ The language added to Rule G-27(d)(ii) makes clear that a
dealer's supervisory procedures must provide for review of
correspondence for compliance with the performance data
requirements, but only to the extent that such requirements are
applicable given the nature of the dealer's municipal securities
activities. Thus, dealers that do not market municipal fund
securities generally would not be required to provide for review of
correspondence for compliance with Rule G-21(e)(vii).
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    Disclosures Relating to Tax-Adjusted Performance Data. The proposed
rule change amends Rule G-21(e)(ii)(E) to delete subparagraph (2). The
deleted provision currently requires that, in connection with the
calculation of any tax-equivalent yield or after-tax return that
appears in an advertisement for municipal fund securities, if the then-
effective federal income tax treatment upon which such yield or return
was based is subject to lapse or other adverse change without extension
or change of federal law, the advertisement must disclose this fact and
that such yield or return would be lower if the then-effective federal
income tax treatment is not extended or otherwise changed. This
deletion reflects the repeal of the sunset provision for many of the
federal tax benefits enjoyed by 529 plans, as described below.
General Disclosure Requirements for Municipal Fund Securities
    Substance of Disclosure. The proposed rule change makes several
modifications to rule language in Rule G-21(e)(i)(A)(1) and (2)
relating to disclosures designed to communicate basic information
concerning investments in municipal fund securities. The modified
provisions and the proposed interpretive notice clarify that these
disclosures are not legends requiring the inclusion of specific
language but instead require that such information be effectively
conveyed. Thus, these disclosure requirements may be complied with if
the substance of such information is effectively conveyed, regardless
of the specific language used in the advertisement.\16\ In general, the
context in which the information is provided is an important factor in
determining whether the information is effectively conveyed.
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    \16\ Compare Rule G-21(e)(i)(A)(3)(a), where a legend is
explicitly required.
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    The MSRB understands that these advertising disclosures have
presented considerable challenges in the context of broadcast
advertisements, such as traditional television or radio commercials
with 30-second run-times or public service announcements that may have
considerably shorter run-times.\17\ The proposed interpretive notice
provides guidance on the use of abbreviated forms of the required
disclosures in time-limited broadcast advertisements.
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    \17\ These disclosures can be lengthier for many 529 plan
advertisements than for investment company advertisements as a
result of the home state tax benefit disclosures generally required
under Rule G-21(e)(i)(A)(2)(b) as described below, which are not
required in connection with investment company advertisements.
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    Home State Tax Benefits. Rule G-21(e)(i)(A)(2)(b) requires 529 plan
product advertisements to include disclosure to the effect that
investors should consider, before investing, whether their home states
offer state tax or other benefits only available for investments in the
home state 529 plan. The proposed rule change permits dealers to omit
such disclosures in advertisements (such as form letters, post cards,
e-mails and other written or electronic mailings) concerning a state's
529 plan that are sent to, or are otherwise distributed through means
that are reasonably likely to result in the advertisements being
received by, only residents of such state. The MSRB views such omission
as most suitable with respect to advertisements that are delivered
directly to intended recipients, and not well suited with respect to
broadcast advertisements where the dealer would bear the burden of
establishing that such broadcast is reasonably likely to result in the
message being received only by in-state residents.
    Communications With Existing Customers. The proposed rule change
adds new Rule G-21(e)(i)(B)(3), which permits dealers to distribute
form letters relating to municipal fund securities that omit some or
all of the disclosures required under Rule G-21(e)(i)(A)(1) and (2) to
existing customers who have previously invested in municipal fund
securities. Form letters sent solely to existing customers about the
same or related municipal fund securities that such customers already
own may omit all of the standard disclosures under such subparagraphs
(1) and (2) since that information will have previously been provided
to such customers. If the form letters relate to municipal fund
securities other than, or unrelated to, the one the customer already
invests in, then the disclosures under subparagraph (2) are required.
Furthermore, if the form letter identifies a source for obtaining an
official statement and the dealer underwrites the municipal fund
securities advertised in the form letter, the dealer is required to
disclose that it is the underwriter.
Tax-Related Disclosures for Municipal Fund Securities
    Rule G-21(e)(v) requires a product advertisement for municipal fund
securities that discusses tax benefits to disclose that such benefits
may be conditioned on meeting certain requirements. If the nature of
specific benefits is described, the factors that may materially limit
their availability

must be named. The proposed rule change modifies this subsection to
clarify that generalized statements regarding tax benefits require only
a generalized statement that certain conditions may apply and that,
where specific benefits are described, only those substantive factors
that may materially affect the ability to realize such benefits must be
listed, rather than explained in full. For example, a statement that
529 plans are federally tax-advantaged, or that investors may qualify
for federal tax benefits by investing in a 529 plan, without
identifying the specific benefits, would be viewed as generalized
statements. In such cases, a statement that certain conditions may
apply, or that refers customers to the official statement for more
information, would be sufficient. Furthermore, the inclusion of the
required home state tax disclosure under Rule G-21(e)(i)(A)(2)(b) does
not, by itself, require the disclosure of conditions for receiving such
state tax benefits.
Required Annual Reports Excluded From Definition of Advertisement
    The proposed interpretive notice provides guidance to the effect
that, in circumstances where a dealer may be required by state law or
rules and regulations to prepare or distribute an annual financial
report or other similar information regarding a municipal fund
securities program, such report or information will not be treated as
an advertisement so long as the dealer provides such report or
information solely in the manner required by such state law or rules
and regulations.
Effective Dates
    The MSRB proposes that the proposed rule change be made effective
on April 1, 2007 to coincide with the effective date of NASD Rule
2210(d)(3).
2. Statutory Basis
    The MSRB believes that the proposed rule change is consistent with
Section 15B(b)(2)(C) of the Act,\18\ which provides that the MSRB's
rules shall:
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    \18\ 15 U.S.C. 78o-4(b)(2)(C).

be designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to
foster cooperation and coordination with persons engaged in
regulating, clearing, settling, processing information with respect
to, and facilitating transactions in municipal securities, to remove
impediments to and perfect the mechanism of a free and open market
in municipal securities, and, in general, to protect investors and
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the public interest.

The MSRB believes that the proposed rule change is consistent with the
Act because it will further investor protection by raising the
standards for advertisements of municipal fund securities and by making
information provided in such advertisements comparable for different
municipal fund securities investments and between municipal fund
securities and registered mutual funds.

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

    The MSRB does not believe that the proposed rule change will result
in any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act since it would apply equally to
all dealers.

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

    On August 11, 2006, the MSRB published for comment draft amendments
to Rules G-21 and G-27 relating to advertisements of 529 plans (the
``Notice'').\19\ The draft amendments, as published in the Notice,
would: (1) Modify the definition of ``advertisement'' to more closely
align it with the usage of the terms ``advertisement'' and ``sales
literature'' under SEC and NASD rules; (2) adopt a definition of ``form
letter'' consistent with the definition used by the SEC under the
Investment Company Act; (3) establish an explicit baseline standard for
advertisements and more clearly define ``professional advertisement''
and ``product advertisement''; (4) adopt provisions for generic
advertisements of municipal fund securities; (5) adopt provisions
requiring advertisements and correspondence containing performance data
to also include disclosure of fees and expenses that are substantially
the same as under recently approved amendments to NASD Rule 2210(d)(3);
(6) clarify and simplify the general disclosure requirements with
respect to certain broadcast advertisements, promotional materials and
form letters relating to municipal fund securities; and (7) clarify and
simplify the nature of disclosures required in advertisements of
municipal fund securities in connection with tax matters and tax-
adjusted performance data.
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    \19\ See MSRB Notice 2006-26 (August 11, 2006).
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    The MSRB received comments from three commentators.\20\ After
reviewing the comments, the MSRB has determined to file this proposed
rule change. The proposed rule change is substantially similar to the
draft amendments, with certain modifications discussed below. The
principal comments and the MSRB's responses are also discussed below.
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    \20\ Letters from: Jacqueline T. Williams, Chair, College
Savings Plan Network (``CSPN''), to Ernesto A. Lanza, MSRB, dated
September 22, 2006; Dorothy M. Donohue, Associate Counsel,
Investment Company Institute (``ICI''), to Mr. Lanza, dated
September 22, 2006; and Michael Udoff, Vice President, Associate
General Counsel and Secretary, and Elizabeth Varley, Vice President
and Director, Retirement Policy, Securities Industry Association
(``SIA''), to Mr. Lanza, dated September 22, 2006.
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Additional Disclosures Relating to Home State Tax Benefits
    Rule G-21 currently requires 529 plan advertisements to state that
investors should consider whether their home states offer state tax or
other benefits only available for investments in the home state 529
plan. For advertisements (such as form letters, post cards, e-mails and
other written or electronic mailings) concerning a state's 529 plan
that are sent solely to residents of that state, the draft amendment
modified this provision to permit dealers to omit such disclosure since
it is not relevant to such recipients.
    CSPN requested that language in this provision referencing
advertisements published or disseminated by ``the issuer or any of the
issuer's agents'' be deleted since the MSRB has no authority to
regulate issuers. The MSRB notes that this provision was not intended
to regulate the actions of issuers, but rather to limit the ability of
a dealer to use this exception if its advertisement is further
disseminated by other parties, including the issuer or its agents.
However, to avoid ambiguity, the MSRB has modified Rule G-
21(e)(i)(A)(2)(b) to replace this language with language that instead
refers to advertisements made available by dealers to the issuer or any
of the issuer's agents with the expectation or understanding that such
other parties will otherwise publish or disseminate such
advertisements.
Generic Advertisements
    The draft amendments included a generic advertising provision that
would allow dealers to omit many required disclosures from
advertisements that contain only general information about municipal
fund securities and that do not name a municipal fund security or a
specific investment option or portfolio of an issuer of municipal fund
securities. CSPN, ICI and SIA requested that language in the draft
amendments stating that a generic advertisement may

not refer by name ``to any specific municipal fund security'' be
deleted, arguing that it creates ambiguities as to whether a reference
in an advertisement to a 529 plan's general program name would
disqualify such advertisement from being considered a generic
advertisement.\21\
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    \21\ CSPN observed that this ambiguity arises from the fact that
some no-action letters issued by SEC staff with respect to 529 plans
refer to various interests relating to such 529 plans, other than
the individual shares purchased by customers, as municipal
securities.
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    The MSRB believes that the deletion requested by the commentators
would be appropriate and consistent with the intended operation of this
provision. Thus, as this provision has been modified in the proposed
rule change, an advertisement that mentions the 529 plan's general
program name could be considered a generic advertisement if all other
relevant conditions have been met. However, mention of specific
investment options or portfolios would disqualify the advertisement
from being treated as a generic advertisement.
Blind Advertisements
    The draft amendments provided that a blind advertisement that
promotes an issuer and its public purpose without promoting specific
municipal fund securities or identifying a dealer or its affiliates
also would qualify as a generic advertisement. Among other things, a
blind advertisement may include contact information for the issuer or
an agent of the issuer to obtain an official statement or other
information, provided that if such issuer's agent is a dealer or dealer
affiliate, no orders for 529 plans may be accepted through such source.
The provision for blind advertisements was designed to address the
unique characteristics of the 529 plan market, where regulated dealers
and issuers not subject to MSRB regulation often undertake public-
private partnerships in marketing 529 plans, raising issues that do not
arise in the registered investment company market.
    CSPN and ICI requested clarification that the use in an
advertisement of a phone number or Web site that includes the name of a
dealer acting as the issuer's agent would not preclude such
advertisement from being treated as a blind advertisement. The intent
of this provision is that a blind advertisement cannot, on its face,
identify a dealer or its affiliates. Therefore, although contact
information may be included in the advertisement that directs a
potential customer to a dealer or its affiliate acting as agent of the
issuer, the face of the advertisement may not identify such dealer or
affiliate. The proposed interpretive notice provides guidance on
information that may be included in a blind advertisement.
    CSPN and ICI also requested modifications to the language providing
that, if the source for more information identified in the
advertisement is the dealer or a dealer affiliate, no orders may be
accepted through that source. The commentators were concerned that a
reference to a Web site for more information would preclude such Web
site from allowing investments in the 529 plan. CSPN stated that
``[e]very web site on which an individual can purchase interests in a
Section 529 Plan requires the investor to acknowledge reading or
receiving the Official Statement before investing. It is not clear what
would be gained by requiring the potential investor to get information
from one web site and then make the purchase on another web site.'' ICI
suggested alternative language to the effect that ``no initial orders
for municipal fund securities shall be accepted through such source,
unless before placing such an order an investor is required to
acknowledge that he or she received the official statement for such
securities.''
    The MSRB understands the concern expressed in connection with Web-
based sources but believe that ICI's suggested language is not the
appropriate approach to addressing this issue, particularly since Rule
G-17, on fair practice, already requires dealers to provide all
material facts about the transaction known by the dealer, as well as
material facts about the security that are reasonably accessible to the
market, to the customer on or prior to the time of trade.\22\ Given
that the provision for blind advertisements seeks to ensure that such
advertisements are informational in nature and not primarily designed
to promote sales by the dealer, the MSRB believes that a distinct
barrier between providing information and seeking orders should be
maintained. However, the MSRB does not believe that such barrier should
create an arbitrary disincentive for those potential customers who
themselves seek to initiate an order.
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    \22\ See Rule G-17 Interpretation--Interpretive Notice Regarding
Rule G-17, on Disclosure of Material Facts, March 20, 2002,
reprinted in MSRB Rule Book.
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    Thus, the proposed rule change modifies the language of Rule G-
21(e)(i)(B)(2)(b) to allow the acceptance of orders if initiated by the
customer. The proposed interpretive notice provides guidance on
ensuring that only customer-initiated orders are accepted through a
source identified in a blind advertisement.
Tax-Adjusted Performance Data
    Rule G-21 currently provides that, in calculating tax-equivalent
yield or after-tax return for a 529 plan advertisement, the
advertisement must effectively disclose that such yield or return would
be lower if the sunset provision for many of the federal tax benefits
enjoyed by 529 plans, previously scheduled to occur on January 1, 2011,
were not repealed. In view of the recent enactment of the Pension
Protection Act of 2006 (Pub. L. 109-280), which repealed this sunset
provision, the Notice sought comment on whether this provision should
be deleted. CSPN, ICI and SIA agreed that this provision should be
deleted. Thus, the proposed rule change deletes this provision in Rule
G-21(e)(ii)(E).
Required Annual Reports Excluded From Definition of Advertisement
    CSPN stated that the broad definition of advertisement in Rule G-21
could be construed to include annual financial reports undertaken by
many dealers acting as 529 plan program managers. CSPN stated that such
annual reports are not solicitations of new business and suggested that
audited annual reports produced for or in conjunction with issuers be
explicitly exempted from treatment as an advertisement.
    The MSRB notes that NASD has issued several interpretive letters in
which NASD addresses the applicability of its advertising rule, Rule
2210, to certain performance information and hypothetical illustrations
required by state laws to be provided by dealers in connection with
retirement investments and variable annuity contracts.\23\ In each
case, NASD concluded that the provision by dealers of the information
required by state law would not be treated as an advertisement or sales
literature for purposes of Rule 2210 so long as the information was
provided solely in the manner required by law. NASD further stated that
any additional use of such information beyond what is required by law
would be subject to the NASD advertising rule. In addition, NASD stated
in one of the interpretive letters that the use of such information

by the dealer remained subject to all other NASD rules and the federal
securities laws, including the anti-fraud provisions.
---------------------------------------------------------------------------

    \23\ See letter dated November 29, 2004, to Therese Squillacote,
Chief Compliance Officer, ING Financial Advisers, LLC, from Philip
A. Shaikun, Assistant General Counsel, NASD; letter dated September
30, 2002, to Sally Krawczyk, Esq., Sutherland, Asbill & Brennan,
LLP, from Mr. Shaikun; and letter dated February 5, 1999, to W.
Thomas Conner, Vice President, Regulatory Affairs, National
Association of Variable Annuities, from Robert J. Smith, Office of
General Counsel, NASD Regulation, Inc.
---------------------------------------------------------------------------

    The MSRB believes that the approach NASD has taken with respect to
investment companies is appropriate as well with respect to 529 plans
and other municipal fund securities programs and has provided guidance
to this effect in the proposed interpretive notice.

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

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) As the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    A. By order approve such proposed rule change, or
    B. institute proceedings to determine whether the proposed rule
change should be 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 e-mail to<EMAIL_ADDRESS>Please include

File Number SR-MSRB-2006-09 on the subject line.

Paper Comments

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

    All submissions should refer to File Number SR-MSRB-2006-09. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments,

all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room. Copies of such
filing also will be available for inspection and copying at the MSRB's
offices. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-
MSRB-2006-09 and should be submitted on or before March 16, 2007.
---------------------------------------------------------------------------

    \24\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\24\
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-3091 Filed 2-22-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 88, Number 86 (Thursday, May 4, 2023)]
[Notices]
[Pages 28546-28547]
[FR Doc No: 2023-09524]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-10918-01-OAR]

Proposed Information Collection Request; Comment Request;
Information Collection Request for the Greenhouse Gas Reporting Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Environmental Protection Agency (EPA) is planning to
submit an information collection request (ICR), ``Information
Collection Request for the Greenhouse Gas Reporting Program'' (EPA ICR
No. 2300.20, OMB Control No. 2060-0629) to the Office of Management and
Budget (OMB) for review and approval in accordance with the Paperwork
Reduction Act. Before doing so, EPA is soliciting public comments on
specific aspects of the proposed information collection as described
below. This is a proposed extension of the ICR, which is currently
approved through March 31, 2024. 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.

DATES: Comments must be submitted on or before July 3, 2023.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OAR-
2022-0883, online using www.regulations.gov (our preferred method), or
by mail to: EPA Docket Center, Environmental Protection Agency, Mail
Code 28221T, 1200 Pennsylvania Avenue NW, Washington, DC 20460.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI), or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Joe Ford, Climate Change Division,
Office of Atmospheric Protection, Office of Air and Radiation (MAIL
CODE 6207A), Environmental Protection Agency, 1200 Pennsylvania Ave.
NW, Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax number:
202-343-2342; email address: [email protected].

SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail
the information that the EPA will be collecting are available in the
public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, WJC West,
Room 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Pursuant to section 3506(c)(2)(A) of the PRA, EPA is soliciting
comments and information to enable it 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. 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. At the time, EPA will issue another Federal Register notice
to announce the submission of the ICR to OMB and the opportunity to
submit additional comments to OMB.
    Abstract: In response to the FY2008 Consolidated Appropriations Act
(H.R. 2764; Pub. L. 110-161) and under authority of the Clean Air Act,
the EPA finalized the Mandatory Reporting of Greenhouse Gases Rule (GHG
Reporting Rule) (74 FR 56260; October 30, 2009). The GHG Reporting
Rule, which became effective on December 29, 2009, establishes
reporting requirements for certain large facilities and suppliers. It
does not require control of greenhouse gases. Instead, it requires that
sources emitting greenhouse gases, supplying certain products that
contain greenhouse gases, or injecting carbon dioxide (CO2) underground
in quantities above certain threshold levels of carbon dioxide
equivalent (CO2 e) monitor and report their annual emissions.
    Subsequent rules have promulgated requirements for additional
facilities, suppliers, and mobile sources; provided clarification and
corrections to existing requirements; finalized confidentiality
business information (CBI) determinations, amended recordkeeping
requirements, and implemented an alternative verification approach.
Collectively, the GHG Reporting Rule and its associated rulemakings are
referred to as the Greenhouse Gas Reporting Program (GHGRP).
    The purpose for this ICR is to renew and revise the GHG Reporting
Rule ICR to update and consolidate the burdens and costs imposed by the
current ICR under the GHGRP.
    Form Numbers: None.
    Respondents/affected entities: Facilities emitting GHGs, supplying
certain products that contain GHGs, or injecting carbon dioxide (CO2)
underground in quantities above certain threshold levels of CO2
equivalent (CO2e).
    Respondent's obligation to respond: Mandatory (42 U.S.C. 7401-
7671q.).
    Estimated number of respondents (annual average): 12,434.
    Frequency of response: Annually.
    Total estimated burden: 705,554 hours per year.
    Total estimated cost: $95,175,521 per year.
    Changes in Estimates: There is a decrease of 34,458 hours in the
total estimated respondent burden compared with that identified in the
last ICR renewal. Furthermore, the annual public reporting and
recordkeeping burden for this collection of information is estimated to
average 0.07 hours per response. The last ICR estimated an average
burden of 0.08 hours per response. This change in burden reflects an
adjustment in the number of respondents from projected to actual, an
adjustment of labor rates and capital and O&M costs to reflect 2021
dollars. 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.

Sharyn Lie,
Acting Director, Climate Change Division, Office of Atmospheric
Protection, Office of Air and Radiation.
[FR Doc. 2023-09524 Filed 5-3-23; 8:45 am]
BILLING CODE 6560-50-P


region facility species. orig stage year impinged. est entrained. est notes qc dummy dummy dummy dummy  999  999  999 dummy dummy river buck gizzard. shad age01 1974 3,485 . RM# 21609 pg 377 river buck threadfin. shad age01 1974 54 . RM# 21609 pg 377 river buck shad age01 1974 303 . RM# 21609 pg 377 river buck unknown. fish age01 1974 191 . RM# 21609 pg 377 species july sept. 1974 oct dec. 1974 jan mar. 1975 apr june. 1975 sum source gizzard. shad 391 0 1 0 392 RM# 21609 pg 377 threadfin. shad 1 0 0 10 11 RM# 21609 pg 377 shad 33 0 0 2 35 RM# 21609 pg 377 unknown. fish 14 0 1 14 29 RM# 21609 pg 377 sum 439 0 2 26 days 92 92 90 91 est. fish. per. day 42.5 0 0.05 1.3 extrap. fish. imp 3910 0 4.5 118.3 extrap. gizzard. shad 3,482  2  3,485 extrap. threadfin. shad 9   46 54 extrap. shad 294   9 303 extrap. unknown. fish 125  2 64 191 sum 3,910  5 118 Losses data for the Buck Steam Station ( North Carolina). Cooling water source: Yadkin River Intake 316( b) Phase III A. Gage, 12/ 16/ 2003 Notes:

QC Not yet


[Federal Register Volume 77, Number 142 (Tuesday, July 24, 2012)]
[Rules and Regulations]
[Pages 43167-43170]
[FR Doc No: 2012-17947]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2012-0588]
RIN 1625-AA00

Safety Zone; Electric Zoo Fireworks, East River, Randall's
Island, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
navigable waters of the East River in the vicinity of Randall's Island,
NY for a fireworks display. This temporary safety zone is necessary to
protect spectators and vessels from the hazards associated with
fireworks displays. This rule is intended to restrict all vessels from
a portion of the East River before, during, and immediately after the
fireworks event.

DATES: This rule will be effective from 10:30 p.m. on August 31, 2012
until 11:40 p.m. on September 2, 2012. The rule will be enforced daily
from 10:30 p.m. to 11:40 p.m.

ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2012-0588]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE.,

Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Ensign Kimberly Farnsworth, Coast Guard; Telephone (718)
354-4163, email<EMAIL_ADDRESS>If you have questions
on viewing or submitting material to the docket, call Renee V. Wright,
Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
COTP Captain of the Port

A. Regulatory History and Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b) (B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because sufficient information about the
event was not received in time to publish a NPRM followed by a final
rule before the effective date, thus making the publication of a NPRM
impractical. The Coast Guard received the information about the event
on June 8, 2012. Any delay encountered in this regulation's effective
date by publishing a NPRM would be contrary to public interest, since
immediate action is needed to provide for the safety of life and
property on navigable waters from the hazards associated with fireworks
including unexpected detonation and burning debris.

B. Basis and Purpose

    The legal basis for this rule is 33 U.S.C 1231; 46 U.S.C Chapter
701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6,
160.5; Public Law 107-295, 116 Stat. 2064; Department of Homeland
Security Delegation No. 0170.1.
    This temporary safety zone is necessary to ensure the safety of
spectators and vessels from hazards associated with the fireworks
display.

C. Discussion of the Final Rule

    This rule establishes a temporary safety zone on the waters of the
East River in the vicinity of Randall's Island, NY. All persons and
vessels shall comply with the instructions of the Captain of the Port
(COTP) New York or the designated representative during the enforcement
of the temporary safety zone. Entering into, transiting through, or
anchoring within the temporary safety zone is prohibited unless
authorized by the COTP New York, or the designated representative.
    Based on the inherent hazards associated with fireworks, the COTP
New York has determined that fireworks launches in close proximity to
water crafts pose a significant risk to public safety and property. The
combination of increased number of recreational vessels, congested
waterways, darkness punctuated by bright flashes of light, and debris
especially burning debris falling on passing or spectator vessels has
the potential to result in serious injuries or fatalities. This
temporary safety zone will restrict vessels from a portion of the East
River around the location of the fireworks launch platform before,
during, and immediately after the fireworks display.
    The Coast Guard determined that this regulated area will not have a
significant impact on vessel traffic due to its temporary nature and
limited size and the fact that vessels are allowed to transit the
navigable waters outside of the regulated area.
    Advanced public notifications will also be made to the local
mariners through appropriate means, which will include, but are not
limited to, the Local Notice to Mariners as well as Broadcast Notice to
Mariners.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
    The Coast Guard's implementation of this temporary safety zone will
be of short duration and is designed to minimize the impact to vessel
traffic on the navigable waters. This temporary safety zone will only
be enforced for approximately 70 minutes, in the late evening. Due to
the location, vessels will be able to transit around the zone in a safe
manner.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The Coast Guard
certifies under 5 U.S.C. 605(b) that this rule will not have a
significant economic impact on a substantial number of small entities.
    (1) This rule will affect the following entities, some of which may
be small entities: The owners and operators of vessels intending to
transit or anchor in a portion of the navigable waters in the vicinity
of the marine event during the effective period.
    (2) This safety zone would not have a significant economic impact
on a substantial number of small entities for the following reasons:
This rule will be in effect for 70 minutes; late at night when vessel
traffic is low, vessel traffic could pass safely around the safety
zone, and the Coast Guard will notify mariners before activating the
zone by appropriate means including but not limited to Local Notice to
Mariners and Broadcast Notice to Mariners.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against

small entities that question or complain about this rule or any policy
or action of the Coast Guard.

4. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has 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. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INTFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves the establishment of a temporary safety
zone. This rule is categorically excluded from further review under
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An
environmental analysis checklist supporting this determination and a
Categorical Exclusion Determination are available in the docket where
indicated under ADDRESSES. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
rule.

List of Subjects in 33 CFR Part 165

    Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREA

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C 1231; 46 U.S.C Chapter 701, 3306, 3703; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Public Law
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.

0
2. Add Sec.  165.T01-0588 to read as follows:

Sec.  165.T01-0588  Safety Zone; Electronic Zoo Fireworks, East River,
Randall's Island, NY.

    (a) Regulated Area. The following area is a temporary safety zone:
all navigable waters of the East River within a 164-yard radius of the
fireworks barge located in approximate position 40[deg]47'34.14'' N,
073[deg]55'48.71'' W, in the vicinity of Randall's Island, NY,
approximately 200 yards west of the Southern tip of Randall's Island
Park, Randall's Island, NY.
    (b) Effective Dates and Enforcement Periods. This rule will be
effective from 10:30 p.m. on August 31, 2012 until 11:40 p.m. on
September 2, 2012. The rule will be enforced daily from 10:30 p.m. to
11:40 p.m.
    (c) Definitions. The following definitions apply to this section:
    (1) Designated Representative. A ``designated representative'' is
any Coast Guard commissioned, warrant or petty officer of the U.S.
Coast Guard who has been designated by the Captain of the Port Sector
New York (COTP), to act on his or her behalf. The designated
representative may be on an official patrol vessel or may be on shore
and will communicate with vessels via VHF-FM radio or loudhailer. In
addition, members of the Coast Guard Auxiliary may be present to inform
vessel operators of this regulation.
    (2) Official Patrol Vessels. Official patrol vessels may consist of
any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement
vessels assigned or approved by the COTP.
    (3) Spectators. All persons and vessels not registered with the
event sponsor as participants or official patrol vessels.
    (d) Regulations. (1) The general regulations contained in 33 CFR
165.23, as well as the following regulations, apply.
    (2) No vessels, except for fireworks barge and accompanying
vessels, will be allowed to transit the safety zone without the
permission of the COTP.
    (3) All persons and vessels shall comply with the instructions of
the COTP or the designated representative. Upon being hailed by a U.S.
Coast Guard vessel by siren, radio, flashing

light, or other means, the operator of a vessel shall proceed as
directed.
    (4) Vessel operators desiring to enter or operate within the
regulated area shall contact the COTP or the designated representative
via VHF channel 16 or<PHONE_NUMBER> (Sector New York command center) to
obtain permission to do so.
    (5) Spectators or other vessels shall not anchor, block, loiter, or
impede the transit of event participants or official patrol vessels in
the regulated areas during the effective dates and times, or dates and
times as modified through the Local Notice to Mariners, unless
authorized by COTP or the designated representative.
    (6) Upon being hailed by a U.S. Coast Guard vessel or the
designated representative, by siren, radio, flashing light or other
means, the operator of the vessel shall proceed as directed. Failure to
comply with a lawful direction may result in expulsion from the area,
citation for failure to comply, or both.
    (7) The COTP or the designated representative may delay or
terminate any marine event in this subpart at any time it is deemed
necessary to ensure the safety of life or property.

    Dated: July 6, 2012.
G. Loebl,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2012-17947 Filed 7-23-12; 8:45 am]
BILLING CODE 9110-04-P