[Federal Register Volume 77, Number 49 (Tuesday, March 13, 2012)]
[Notices]
[Pages 14839-14842]
[FR Doc No: 2012-5987]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 29976; 812-13313]

Harris & Harris Group, Inc.; Notice of Application

March 7, 2012.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice of an application for an order under section 6(c) of the
Investment Company Act of 1940 (the ``Act'') for an exemption from
sections 23(a), 23(b) and 63 of the Act; under sections 57(a)(4) and
57(i) of the Act and rule 17d-1 under the Act permitting certain joint
transactions otherwise prohibited by section 57(a)(4) of the Act; and
under section 23(c)(3) of the Act for an exemption from section 23(c)
of the Act.

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SUMMARY OF THE APPLICATION: Harris & Harris Group, Inc. (``Applicant''
or ``Company'') requests an order that would permit Applicant to (a)
issue restricted shares of its common stock (``Restricted Stock'') as
part of the compensation package for certain participants in its
Amended and Restated 2012 Equity Incentive Plan (the ``Plan''), (b)
withhold shares of the Applicant's common stock or purchase shares of
Applicant's common stock from participants to satisfy tax withholding
obligations relating to the vesting of Restricted Stock or the exercise
of options to purchase shares of Applicant's common stock
(``Options''), and (c) permit participants to pay the exercise price of
Options with shares of Applicant's common stock.

FILING DATES: The application was filed on July 11, 2006, and amended
May 24, 2010, October 25, 2011, and February 29, 2012. Applicants have
agreed to file an amendment during the notice period, the substance of
which is reflected in this notice.

HEARING OR NOTIFICATION OF HEARING: An order granting the application
will be issued unless the Commission orders a hearing. Interested
persons may request a hearing by writing to the Commission's Secretary
and serving the applicant with a copy of the request, personally or by
mail. Hearing requests should be received by the Commission by 5:30
p.m. on April 2, 2012, and should be accompanied by proof of service on
applicant, in the form of an affidavit or, for lawyers, a certificate
of service. Hearing requests should state the nature of the writer's
interest, the reason for the request, and the issues contested. Persons
who wish to be notified of a hearing may request notification by
writing to the Commission's Secretary.

ADDRESSES: Secretary, U.S. Securities and Exchange Commission, 100 F
Street NE., Washington, DC 20549-1090. Applicant, 1450 Broadway, 24th
Floor, New York, NY 10018.

FOR FURTHER INFORMATION CONTACT: Deepak T. Pai, Senior Counsel, at
(202) 551-6876, or Mary Kay Frech, Branch Chief, at<PHONE_NUMBER>,
(Division of Investment Management, Office of Investment Company
Regulation).

SUPPLEMENTARY INFORMATION: The following is a summary of the
application. The complete application may be obtained via the
Commission's Web site by searching for the file number, or for an
applicant using the Company name box, at http://www.sec.gov/search/search.htm, or by calling<PHONE_NUMBER>.

Applicant's Representations

    1. Applicant is an internally managed venture capital company
specializing in nanotechnology and microsystems that has elected to be
regulated as a business development company (``BDC'') under the Act.\1\
Since 2001, Applicant has

made initial venture capital investments exclusively in nanotechnology
and microsystems, which it sometimes refers to as ``tiny technology.''
Applicant considers a company to be a tiny technology company if the
company employs or intends to employ technology that Applicant
considers to be at the microscale or smaller and if the employment of
that technology is material to its business plan. Shares of Applicant's
common stock are traded on the Nasdaq Global Market under the symbol
``TINY.'' As of December 31, 2011, there were 31,000,601 shares of
Applicant's common stock outstanding. As of that date, Applicant had 10
employees.
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    \1\ Applicant was incorporated under the laws of the state of
New York in August 1981. In 1995, Applicant elected to become a BDC.
Section 2(a)(48) of the Act defines a BDC to be any closed-end
investment company that operates for the purpose of making
investments in securities described in sections 55(a)(1) through
55(a)(3) of the Act and makes available significant managerial
assistance with respect to the issuers of such securities.
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    2. Applicant currently has a ten member board of directors (the
``Board'') of whom eight are not ``interested persons'' of Applicant
within the meaning of section 2(a)(19) of the Act, and two are
considered ``interested persons'' of Applicant. As of June 7, 2012,
Applicant will have a nine member Board of whom eight will be non-
interested persons of Applicant and one will be considered an
interested person of Applicant.\2\
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    \2\ For purposes of the requested relief, Applicant will be
granting Restricted Stock pursuant to the Plan to the individuals
who are directors as of June 7, 2012, including the Applicant's
chief executive officer, who will then be the sole interested
director.
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    3. Applicant believes that, because the market for highly qualified
investment professionals is highly competitive, Applicant's success
depends on its ability to offer compensation packages to its
professionals that are competitive with those offered by other venture
capital firms and investment management businesses. Applicant states
that the ability to offer equity-based compensation to its
professionals, which both aligns employee behavior with shareholder
interests and provides a retention tool, is vital to Applicant's future
growth and success.
    4. Effective May 4, 2006, Applicant adopted the Harris & Harris
Group, Inc. 2006 Equity Incentive Plan (the ``2006 Plan''). Applicant
has issued Options to participants under the 2006 Plan, all of whom
were employees at the time of the grants, and as of December 31, 2011,
there were 3,389,117 Options outstanding. Applicant has not issued any
Restricted Stock pursuant to the 2006 Plan. Applicant proposes to amend
and restate the 2006 Plan by adopting the Plan, which will supersede
the 2006 Plan, subject to the issuance of the requested order. The Plan
authorizes the issuance of Options to its officers and employees, and
Restricted Stock to its directors, including non-employee directors
(``Non-Employee Directors''), officers and employees
(``Participants'').\3\
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    \3\ Options will not be granted to Non-Employee Directors.
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    5. The Plan will authorize the issuance of shares of Restricted
Stock subject to certain forfeiture restrictions. The restrictions may
relate to continued employment or service as a director (lapsing either
on an annual or other periodic basis or on a ``cliff'' basis, i.e., at
the end of a stated period of time), the satisfaction of performance
goals as stated in the Plan, or other restrictions deemed by the
Required Majority \4\ and the Compensation Committee \5\ from time to
time to be appropriate and in the best interests of Applicant and its
stockholders. Unless otherwise determined by the Board, a Participant
granted Restricted Stock will have all of the rights of a stockholder
including, without limitation, the right to vote Restricted Stock and
the right to receive dividends, including deemed dividends, thereon.
Restricted Stock may not be transferred, pledged, hypothecated,
margined, or otherwise encumbered by the Participant during the
Restricted Period, except for disposition by will or intestacy. Except
as the Board otherwise determines, upon termination of a Participant's
employment or director relationship with the Company during the
applicable restriction period, the Participant's Restricted Stock and
any accrued but unpaid dividends that are then subject to restrictions
shall generally be forfeited.\6\
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    \4\ Section 57(o) of the Act provides that the term ``required
majority,'' when used with respect to the approval of a proposed
transaction, plan, or arrangement, means both a majority of a BDC's
directors or general partners who have no financial interest in such
transaction, plan, or arrangement and a majority of such directors
or general partners who are not interested persons of such company.
    \5\ The ``Compensation Committee'' is composed of ``non-employee
directors'' within the meaning of rule 16b-3, and ``outside
directors'' within the meaning of section 162(m) of the Internal
Revenue Code of 1986, as amended.
    \6\ If any shares subject to an award granted under the Plan are
forfeited, cancelled, exchanged or surrendered or if an award
terminates or expires without an issuance of shares, those shares
will again be available for awards under the Plan.
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    6. Under the Plan, a maximum of twenty percent (20%) of Applicant's
total shares of common stock issued and outstanding (as of the
Effective Date) \7\ will be available for awards under the Plan. Under
the Plan, no more than fifty percent (50%) of the shares of stock
reserved for the grant of awards under the Plan may be Restricted Stock
awards at any time during the term of the Plan. Thus, the maximum
amount of Restricted Stock that may be outstanding at any particular
time will be ten percent of the Applicant's voting securities.\8\ No
more than 1,000,000 shares of common stock may be made subject to
awards under the Plan to any Participant in any year.\9\
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    \7\ Effective Date is defined in section 2(i) of the Plan as the
date on which the Plan is approved by Applicant's stockholders.
    \8\ For purposes of calculating compliance with this limit, the
Company will count as Restricted Stock all shares of its common
stock that are issued under the Plan less any shares that are
forfeited back to the Company and cancelled as a result of
forfeiture restrictions not lapsing.
    \9\ If the Company does not receive the requested order to issue
Restricted Stock, all shares granted under the Plan may be subject
to Options. All Option awards will be issued in accordance with
section 61 of the Act and will not be granted to Non-Employee
Directors.
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    7. The Plan will be administered by the Compensation Committee and
the Board will have the responsibility to ensure that the Plan is
operated in a manner that best serves the interests of Applicant and
its stockholders. Restricted Stock will be awarded to certain
employees, officers and directors, including Non-Employee Directors,
from time to time as part of the employees', officers' or directors'
compensation based on their actual or expected performance and value to
the Company. All awards of Restricted Stock to employees will be
approved by the Required Majority. Awards of Restricted Stock to Non-
Employee Directors will be made on the schedule described below.
    8. Under the Plan, Non-Employee Directors will each receive a grant
of up to 2,000 shares of Restricted Stock at the beginning of each one-
year term of service on the Board, for which forfeiture restrictions
will lapse as to one-third of such shares each year for three years.
Each grant of Restricted Stock to Non-Employee Directors will be made
pursuant to this schedule and will not be changed without Commission
approval.
    9. The Plan provides that the Company is authorized to withhold
stock (in whole or in part) from any award of Restricted Stock granted
in satisfaction of a Participant's tax obligations. In addition, as
discussed more fully in the application, the exercise of Options will
result in the recipient being deemed to have received compensation in
the amount by which the fair market value of the shares of the
Company's common stock, determined as of the date of exercise, exceeds
the exercise price. Accordingly, Applicant requests relief to withhold
shares of its common stock or purchase shares of its common stock from
Participants to satisfy tax withholding obligations related to the
vesting of Restricted Stock or the exercise of Options that were

granted under the 2006 Plan or will be granted pursuant to the Plan.
Applicant also requests an exemption to permit Participants to pay the
exercise price of Options that were granted under the 2006 Plan or will
be granted to them pursuant to the Plan with shares of the Company's
common stock.
    10. The Plan was approved on February 29, 2012, by the Compensation
Committee and the Board, including the Required Majority. The Plan will
be submitted for approval to the Company's stockholders, and will
become effective upon such approval, subject to and following receipt
of the requested order.

Applicant's Legal Analysis

Sections 23(a) and (b), Section 63

    1. Under section 63 of the Act, the provisions of section 23(a) of
the Act generally prohibiting a registered closed-end investment
company from issuing securities for services or for property other than
cash or securities are made applicable to BDCs. This provision would
prohibit the issuance of Restricted Stock as a part of the Plan.
    2. Section 23(b) of the Act generally prohibits a registered
closed-end investment company from selling any common stock of which it
is the issuer at a price below its current net asset value. Section
63(2) of the Act makes section 23(b) applicable to BDCs unless certain
conditions are met. Because Restricted Stock that would be granted
under the Plan would not meet the terms of section 63(2), sections
23(b) and 63 would prevent the issuance of Restricted Stock.
    3. Section 6(c) provides, in part, that the Commission may, by
order upon application, conditionally or unconditionally exempt any
person, security, or transaction, or any class or classes thereof, from
any provision of the Act, if and to the extent that the exemption is
necessary or appropriate in the public interest and consistent with the
protection of investors and the purposes fairly intended by the policy
and provisions of the Act.
    4. Applicant requests an order pursuant to section 6(c) of the Act
granting an exemption from the provisions of sections 23(a), 23(b) and
63 of the Act. Applicant states that the Plan would not violate the
concerns underlying these sections, which include: (a) Preferential
treatment of investment company insiders and the use of options and
other rights by insiders to obtain control of the investment company;
(b) complication of the investment company's structure that made it
difficult to determine the value of the company's shares; and (c)
dilution of shareholders' equity in the investment company. Applicant
asserts that the Plan does not raise concerns about preferential
treatment of Applicant's insiders because the Plan is a bona fide
compensation plan of the type that is common among corporations
generally. In addition, section 61(a)(3)(B) of the Act permits a BDC to
issue to its directors, officers, employees, and general partners
warrants, options, and rights to purchase the BDC's voting securities
pursuant to an executive compensation plan, subject to certain
conditions. Applicant states that, for reasons that are unclear,
section 61 and its legislative history do not address the issuance by a
BDC of restricted stock as incentive compensation. Applicant believes,
however, that the issuance of Restricted Stock is substantially
similar, for purposes of investor protection under the Act, to the
issuance of warrants, options, and rights as contemplated by section
61. Applicant also asserts that the issuance of Restricted Stock would
not become a means for insiders to obtain control of Applicant because
the maximum amount of Restricted Stock that may be issued under the
Plan at any one time will be ten percent of the outstanding shares of
common stock of Applicant. Moreover, no Participant will be granted
more than 25% of the shares of stock reserved for issuance under the
Plan.
    5. Applicant further states that the Plan will not unduly
complicate Applicant's capital structure because equity-based incentive
compensation arrangements are widely used among corporations and
commonly known to investors. Applicant notes that the Plan will be
submitted for approval to the Company's stockholders. Applicant
represents that the proxy materials submitted to Applicant's
stockholders will contain a concise ``plain English'' description of
the Plan and its potential dilutive effect. Applicant also states that
it will comply with the proxy disclosure requirements in Item 10 of
Schedule 14A under the Securities Exchange Act of 1934. Applicant
further notes that the Plan will be disclosed to investors in
accordance with the requirements of the Form N-2 registration statement
for closed-end investment companies and pursuant to the standards and
guidelines adopted by the Financial Accounting Standards Board for
operating companies. Applicant also will comply with the disclosure
requirements for executive compensation plans applicable to BDCs.\10\
Applicant thus concludes that the Plan will be adequately disclosed to
investors and appropriately reflected in the market value of
Applicant's shares.
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    \10\ See Executive Compensation and Related Party Disclosure,
Securities Act Release No. 8655 (Jan. 27, 2006) (proposed rule);
Executive Compensation and Related Party Disclosure, Securities Act
Release No. 8732A (Aug. 29, 2006) (final rule and proposed rule), as
amended by Executive Compensation Disclosure, Securities Act Release
No. 8756 (Dec. 22, 2006) (adopted as interim final rules with
request for comments).
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    6. Applicant acknowledges that awards granted under the Plan may
have a dilutive effect on the stockholders' equity per share in
Applicant, but believes that effect would be outweighed by the
anticipated benefits of the Plan to Applicant and its stockholders.
Moreover, based on the manner in which the issuance of Restricted Stock
pursuant to the Plan will be administered, the Restricted Stock will be
no more dilutive than if Applicant were to issue only Options to
Participants who are employees, as is permitted by section 61(a)(3) of
the Act. Applicant asserts that it needs the flexibility to provide the
requested equity-based compensation in order to be able to compete
effectively with other venture capital firms for talented
professionals. These professionals, Applicant suggests, in turn are
likely to increase Applicant's performance and stockholder value.
Applicant also asserts that equity-based compensation would more
closely align the interests of Applicant's employees with those of its
stockholders. In addition, Applicant states that its stockholders will
be further protected by the conditions to the requested order that
assure continuing oversight of the operation of the Plan by the Board.

Section 57(a)(4), Rule 17d-1

    7. Section 57(a) proscribes certain transactions between a BDC and
persons related to the BDC in the manner described in section 57(b)
(``57(b) persons''), absent a Commission order. Section 57(a)(4)
generally prohibits a 57(b) person from effecting a transaction in
which the BDC is a joint participant absent such an order. Rule l7d-1,
made applicable to BDCs by section 57(i), proscribes participation in a
``joint enterprise or other joint arrangement or profit-sharing plan,''
which includes a stock option or purchase plan. Employees and directors
of a BDC are 57(b) persons. Thus, the issuance of shares of Restricted
Stock could be deemed to involve a joint transaction involving a BDC
and a 57(b) person in contravention of section 57(a)(4). Rule 17d-1(b)
provides that, in considering

relief pursuant to the rule, the Commission will consider (a) whether
the participation of the BDC in a joint enterprise is consistent with
the policies and purposes of the Act and (b) the extent to which such
participation is on a basis different from or less advantageous than
that of other participants.
    8. Applicant requests an order pursuant to sections 57(a)(4) and
57(i) of the Act and rule 17d-1 under the Act to permit Applicant to
issue Restricted Stock under the Plan. Applicant acknowledges that its
role is necessarily different from the other participants because the
other participants are its directors and employees. It notes, however,
that the Plan is in the interest of the Company's stockholders, because
the Plan will help align the interests of Applicant's employees with
those of its stockholders, which will encourage conduct on the part of
those employees designed to produce a better return for Applicant's
stockholders. Additionally, section 57(j)(1) of the Act expressly
permits any director, officer or employee of a BDC to acquire warrants,
options and rights to purchase voting securities of such BDC, and the
securities issued upon the exercise or conversion thereof, pursuant to
an executive compensation plan which meets the requirements of section
61(a)(3)(B) of the Act. Applicant submits that the issuance of
Restricted Stock pursuant to the Plan poses no greater risk to
stockholders than the issuances permitted by Section 57(j)(1) of the
Act.

Section 23(c)

    9. Section 23(c) of the Act, which is made applicable to BDCs by
section 63 of the Act, generally prohibits a BDC from purchasing any
securities of which it is the issuer except in the open market pursuant
to tenders, or under other circumstances as the Commission may permit
to ensure that the purchases are made in a manner or on a basis that
does not unfairly discriminate against any holders of the class or
classes of securities to be purchased. Applicant states that the
withholding or purchase of shares of Restricted Stock and common stock
in payment of applicable withholding tax obligations or of common stock
in payment for the exercise price of a stock option might be deemed to
be purchases by the Company of its own securities within the meaning of
section 23(c) and therefore prohibited by the Act.
    10. Section 23(c)(3) of the Act permits a BDC to purchase
securities of which it is the issuer in circumstances in which the
repurchase is made in a manner or on a basis that does not unfairly
discriminate against any holders of the class or classes of securities
to be purchased. Applicant believes that the requested relief meets the
standards of section 23(c)(3).
    11. Applicant submits that these purchases will be made in a manner
that does not unfairly discriminate against Applicant's stockholders
because all purchases of Applicant's stock will be at the closing price
of the common stock on the Nasdaq Global Market (or any primary
exchange on which its shares of common stock may be traded in the
future) on the relevant date (i.e., the public market price on the date
of grant of Restricted Stock and the date of grant of Options).
Applicant submits that because all transactions with respect to the
Plan will take place at the public market price for the Company's
common stock, these transactions will not be significantly different
than could be achieved by any stockholder selling in a market
transaction. Applicant represents that no transactions will be
conducted pursuant to the requested order on days where there are no
reported market transactions involving Applicant's shares.
    12. Applicant represents that the withholding provisions in the
Plan do not raise concerns about preferential treatment of Applicant's
insiders because the Plan is a bona fide compensation plan of the type
that is common among corporations generally. Furthermore, the vesting
schedule is determined at the time of the initial grant of the
Restricted Stock and the option exercise price is determined at the
time of the initial grant of the Options. Applicant represents that all
purchases may be made only as permitted by the Plan, which will be
approved by the Company's stockholders prior to any application of the
relief. Applicant believes that granting the requested relief would be
consistent with the policies underlying the provisions of the Act
permitting the use of equity compensation as well as prior exemptive
relief granted by the Commission under section 23(c) of the Act.

Applicant's Conditions

    Applicant agrees that the order granting the requested relief will
be subject to the following conditions:
    1. The Plan will be authorized by Applicant's stockholders.
    2. Each issuance of Restricted Stock to an officer or employee will
be approved by the Required Majority of Applicant's directors on the
basis that such grant is in the best interest of Applicant and its
stockholders.
    3. The amount of voting securities that would result from the
exercise of all of Applicant's outstanding warrants, options and
rights, together with any Restricted Stock issued and outstanding
pursuant to the Plan, will not at the time of issuance of any warrant,
option, right or share of Restricted Stock under the Plan, exceed 20
percent of Applicant's outstanding voting securities.
    4. The amount of Restricted Stock issued and outstanding will not
at the time of issuance of any shares of Restricted Stock exceed ten
percent of Applicant's outstanding voting securities.
    5. The Board will review the Plan at least annually. In addition,
the Board will review periodically the potential impact that the
issuance of Restricted Stock under the Plan could have on Applicant's
earnings and net asset value per share, such review to take place prior
to any decisions to grant Restricted Stock under the Plan, but in no
event less frequently than annually. Adequate procedures and records
will be maintained to permit such review. The Board will be authorized
to take appropriate steps to ensure that the issuance of Restricted
Stock under the Plan will be in the best interest of Applicant and its
stockholders. This authority will include the authority to prevent or
limit the granting of additional Restricted Stock under the Plan. All
records maintained pursuant to this condition will be subject to
examination by the Commission and its staff.

    For the Commission, by the Division of Investment Management,
under delegated authority.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-5987 Filed 3-12-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: February 17, 2009 (Volume 74, Number 30)]
[Rules and Regulations]
[Page 7310-7313]
[DOCID:fr17fe09-6]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2006-25730; Directorate Identifier 2006-NE-31-AD;
Amendment 39-15798; AD 2009-02-08]
RIN 2120-AA64

Airworthiness Directives; Turbomeca Turmo IV A and IV C Series
Turboshaft Engines

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

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is superseding an existing airworthiness directive
(AD) for Turbomeca Turmo IV A and IV C series turboshaft engines. That
AD is applicable to engines with oil-tank-to-oil-cooler flexible
lubrication pipes, part number (P/N) 0 249 92 813 0 or P/N 0 249 92 916
0, installed. That AD currently requires identifying, inspecting, and
replacing affected flexible lubrication pipes manufactured after April
1, 2003. That AD also requires initial and repetitive borescope
inspections of affected pipes, visual inspections for oil leakage, and
visual inspections of the oil filter. That AD also requires that if
both engines on the same helicopter each have an affected pipe,
replacing one of the affected pipes before further flight. This AD does
not contain that requirement. This AD requires the same inspections as
the superseded AD and adds inspection of oil-pump-to-intermediate-
bearing flexible lubricating pipe, P/N 0 249 92 808 0. This AD also
requires all remaining affected flexible lubrication pipes, P/N 0 249
92 813 0, P/N 0 249 92 916 0, and P/N 0 249 92 808 to be replaced as
terminating action to the repetitive inspections for those affected
pipes. This AD results from additional shutdowns caused by pipes, P/N 0
249 92 808 0, and the introduction of Turbomeca Modifications TU 231
and TU 233 that replace pipes, P/N 0 249 92 813 0, P/N 0 249 92 916 0,
and P/N 0 249 92 808. We are issuing this AD to prevent helicopter
engine in-flight shutdown of one or both engines resulting in an
emergency auto-rotation landing or accident.

DATES: Effective March 4, 2009. The Director of the Federal Register
approved the incorporation by reference of certain publications listed
in the regulations as of March 4, 2009.
    We must receive any comments on this AD by April 20, 2009.

ADDRESSES: Use one of the following addresses to comment on this AD.
     Federal eRulemaking Portal: Go to http://
www.regulations.gov and follow the instructions for sending your
comments electronically.
     Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., West Building Ground
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
     Fax:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: James Lawrence, Aerospace Engineer,
Engine Certification Office, FAA, Engine and Propeller Directorate, 12
New England Executive Park, Burlington, MA 01803; e-mail:
<EMAIL_ADDRESS>telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: On October 12, 2006, we issued AD 2006-21-
11, Amendment 39-14796 (71 FR 61642, October 19, 2006). That AD
requires identifying and inspecting oil-tank-to-oil-cooler flexible
lubrication pipes, P/N 0 249 92 813 0 or P/N 0 249 92 916 0,
manufactured after April 1, 2003. If both engines on the same
helicopter each have an affected pipe, then that AD requires replacing
one of the affected pipes before further flight. That AD also requires
initial and repetitive borescope inspections of affected pipes, visual
inspections for oil leakage, and visual inspections of the oil filter,
on engines that are not required to have an affected pipe replaced
before further flight. That AD resulted from seven reports of oil
leakage due to the deterioration of certain flexible lubrication pipes
manufactured after April 1, 2003. That condition, if not corrected,
could result in helicopter engine in-flight shutdown of one or both
engines resulting in an emergency auto-rotation landing or accident.

Actions Since AD 2006-21-11 Was Issued

    Since AD 2006-21-11 was issued, the European Aviation Safety Agency
(EASA), which is the Technical Agent for the Member States of the
European Community, notified us that Turbomeca reported two additional
occurrences of deterioration in a third P/N flexible lubrication pipe,
P/N 0 249 92 808 0. EASA also notified us that Turbomeca issued
mandatory service bulletins to add pipe P/N 0 249 92 808 0 to the list
of affected pipes, to replace affected pipes, P/N 0 249 92 813 0 and P/
N 0 249 92 916 0 with a new P/N pipe, and to replace affected pipes, P/
N 0 249 92 808 0 with a new P/N pipe. This AD requires the same
inspections as AD 2006-21-11 but requires replacing all remaining
affected lubrication pipes, P/N 0 249 92 813 0 and P/N 0 249 92 916 0,
with either a new P/N pipe or a pipe manufactured before April 1, 2003,
as terminating action to the repetitive pipe inspections in this AD.

Relevant Service Information

    We have reviewed and approved the technical contents of Turbomeca
Alert Mandatory Service Bulletin (MSB) No. A249 72 0802, Update No. 2,
dated February 23, 2007. That Alert MSB describes procedures for
identifying affected flexible lubrication pipes by their curing batch
number, and describes procedures for performing repetitive borescope
inspections of all other affected pipes and visual inspections of the
oil filter. We have also reviewed and approved the technical contents
of Turbomeca MSB No. 249 72 0231, Update No. 1, dated October 11, 2007.
That MSB describes procedures for replacing remaining affected flexible
lubrication pipes, P/N 0 249 92 813 0 and P/N 0 249 92 916 0, with
pipes introduced by Modification TU 231. We have also reviewed and
approved the technical contents of Turbomeca MSB No. 249 72 0233, dated
September 1, 2008. That MSB describes procedures for replacing
remaining affected flexible lubrication pipes, P/N 0 249 92 808 0, with
pipes introduced by Modification TU 233. EASA classified these service
bulletins as mandatory and issued AD 2008-0194 to ensure the
airworthiness of these Turbomeca Turmo IV A and IV C series turboshaft
engines in Europe.

Bilateral Airworthiness Agreement

    These engine models are manufactured in France and are type
certificated for operation in the United States under the provisions of
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and
the applicable bilateral airworthiness agreement. Under this bilateral
airworthiness agreement, France has kept the FAA informed of the
situation described above. We have examined the findings of EASA,
reviewed all available information, and determined that AD action is
necessary for products of this type design that are certificated for
operation in the United States.

FAA's Determination and Requirements of This AD

    The unsafe condition described previously is likely to exist or
develop on other Turbomeca Turmo IV A and IV C series turboshaft
engines of the same type design. We are issuing this AD to prevent
engine in-flight shutdown of one or both helicopter engines resulting
in an emergency auto-rotation landing or accident. This AD requires:
     Identifying and inspecting certain flexible lubrication
pipes manufactured after April 1, 2003; and
     Initial and repetitive borescope inspections of affected
pipes, visual inspections for oil leakage, and visual inspections of
the oil filter, on engines that are not required to have an affected
pipe replaced before further flight; and
     Replacing all remaining affected lubrication pipes, P/N 0
249 92 813 0 and P/N 0 249 92 916 0, and all remaining affected
lubrication pipes, P/N 0 249 92 808 0, with new P/N pipes or pipes
manufactured before April 1, 2003, within 45 days or 50 operating hours
after the effective date of the AD, whichever occurs first, as
terminating action to the repetitive pipe inspections in this AD.

FAA's Determination of the Effective Date

    Since an unsafe condition exists that requires the immediate
adoption of this AD, we have found that notice and opportunity for
public comment before issuing this AD are impracticable, and that good
cause exists for making this amendment effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety and was not preceded by notice and an opportunity for public
comment; however, we invite you to send us any written relevant data,
views, or arguments regarding this AD. Send your comments to an address
listed under ADDRESSES. Include ``Docket No. FAA-2006-25730;
Directorate Identifier 2006-NE-31-AD'' in the subject line of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of the rule that might
suggest a need to modify it.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact
with FAA personnel concerning this proposed AD. Using the search
function of the Web site, anyone can find and read the comments in any
of our dockets, including, if provided, the name of the individual who
sent the comment (or signed the comment on behalf of an association,
business, labor union, etc.). You may review the DOT's complete Privacy
Act Statement in the Federal Register published on April 11, 2000 (65
FR 19477-78).

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The street address for
the Docket Operations office (telephone<PHONE_NUMBER>) is the same as
the Mail

address provided in the ADDRESSES section. Comments will be available
in the AD docket shortly after receipt.

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 have 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); and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a summary of the costs to comply with this AD and
placed it in the AD Docket. You may get a copy of this summary at the
address listed under ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

Adoption of the Amendment

0
Under the authority delegated to me by the Administrator, the Federal
Aviation Administration amends part 39 of the Federal Aviation
Regulations (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 removing Amendment 39-14796 (71 FR
61642, October 19, 2006), and by adding a new airworthiness directive,
Amendment 39-15798, to read as follows:

2009-02-08 Turbomeca: Amendment 39-15798. Docket No. FAA-2006-25730;
Directorate Identifier 2006-NE-31-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective March 4,
2009.

Affected ADs

    (b) This AD supersedes AD 2006-21-11, Amendment 39-14796.

Applicability

    (c) This AD applies to Turbomeca Turmo IV A and IV C series
turboshaft engines with oil-tank-to-oil-cooler flexible lubrication
pipes, part number (P/N) 0 249 92 813 0, or P/N 0 249 92 916 0, or
oil-pump-to-intermediate-bearing flexible lubrication pipes, P/N 0
249 92 808 0 installed. These engines are installed on, but not
limited to, Eurocopter SA 330F, G, or J PUMA helicopters.

Unsafe Condition

    (d) This AD results from:
    (1) Additional shutdowns caused by flexible oil-pump-to-
intermediate-bearing-lubrication pipes, P/N 0 249 92 808 0; and
    (2) The introduction of a new P/N pipe through Turbomeca
Modification TU 231, as a replacement for affected oil-tank-to-oil-
cooler flexible lubrication pipes, P/N 0 249 92 813 0 and P/N 0 249
92 916 0; and
    (3) The introduction of a new P/N pipe through Turbomeca
Modification TU 233, as a replacement for affected oil-pump-to-
intermediate-bearing flexible lubrication pipes, P/N 0 249 92 808 0.
    (4) We are issuing this AD to prevent helicopter engine in-
flight shutdown of one or both engines resulting in an emergency
auto-rotation landing or accident.

Compliance

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

Initial Actions

    (f) Before further flight:
    (1) Identify the curing batch of the flexible lubricating pipes
listed in paragraph (c) of this AD.
    (2) For oil-tank-to-oil-cooler flexible lubrication pipes, P/N 0
249 92 813 0 and P/N 0 249 92 916 0, and for oil-pump-to-
intermediate-bearing flexible lubrication pipes, P/N 0 249 92 808 0,
with a curing batch of ``2T03'' (meaning 2nd quarter of 2003), or
subsequent batch:
    (i) Borescope-inspect the pipe for deterioration, visually
inspect for oil leakage, and visually inspect the oil filter for
black particle deterioration from the pipe.
    (ii) Replace the pipe with a serviceable pipe, if deterioration
or leakage is found.

Repetitive Actions

    (g) Within an additional 25 operating hours, on engines still
having an affected flexible lubrication pipe, P/N 0 249 92 813 0, P/
N 0 249 92 916 0, or P/N 0 249 92 808 0 installed:
    (1) Borescope-inspect the pipe for deterioration, visually
inspect the pipe for oil leakage, and visually inspect the oil
filter for black particle deterioration from the pipe.
    (2) Replace pipes with serviceable pipes, if deterioration or
leakage is found.

Terminating Action for Affected Flexible Lubricating Pipes

    (h) Within 45 days or 50 operating hours after the effective
date of this AD, whichever occurs first, as terminating action to
the repetitive inspections required by this AD:
    (1) Replace oil-tank-to-oil-cooler flexible lubrication pipes,
P/N 0 249 92 813 0 and P/N 0 249 92 916 0 that have a curing batch
of ``2T03'' or later, with a serviceable pipe.
    (2) Replace oil-pump-to-intermediate-bearing flexible
lubrication pipes, P/N 0 249 92 808 0 that have a curing batch of
``2T03'' or later, with a serviceable pipe.

Definitions

    (i) For the purposes of this AD, a serviceable oil-tank-to-oil-
cooler flexible lubrication pipe is one with a curing batch before
April 1, 2003 (before ``2T03''), or one incorporating Modification
TU 231. Information about Modification TU 231 can be found in
Turbomeca Mandatory Service Bulletin (MSB) No. 249 72 0231.
    (j) For the purposes of this AD, a serviceable oil-pump-to-
intermediate-bearing flexible lubrication pipe is one with a curing
batch before ``2T03'' or one incorporating Modification TU 233.
Information about Modification TU 233 can be found in Turbomeca MSB
No. 249 72 0233.

Alternative Methods of Compliance

    (k) The Manager, Engine Certification Office, has the authority
to approve alternative methods of compliance for this AD if
requested using the procedures found in 14 CFR 39.19.

Related Information

    (l) Information on performing the initial and repetitive actions
in this AD can be found in Turbomeca Alert Mandatory Service
Bulletin (MSB) No. A249 72 0802.
    (m) Contact Turbomeca S.A., 40220 Tarnos, France; e-mail: noria-
<EMAIL_ADDRESS>telephone 33 05 59 74 40 00, fax 33 05 59 74
45 15, or go to: http://www.turbomeca-support.com, for a copy of the
service information identified in this AD.
    (n) European Aviation Safety Agency AD 2008-0194, dated October
31, 2008, also addresses the subject of this AD.

    (o) Contact James Lawrence, Aerospace Engineer, Engine
Certification Office, FAA, Engine and Propeller Directorate, 12 New
England Executive Park, Burlington, MA 01803; e-mail:
<EMAIL_ADDRESS>telephone<PHONE_NUMBER>, fax (781) 238-
7199, for more information about this AD.

    Issued in Burlington, Massachusetts, on January 14, 2009.
Peter A. White,
Assistant Manager, Engine and Propeller Directorate, Aircraft
Certification Service.
[FR Doc. E9-3042 Filed 2-13-09; 8:45 am]

BILLING CODE 4910-13-P


MEMORANDUM

DATE:		September 18, 2014

TO:		Clean Power Plan for Existing Power Plants; Docket Id: OAR - 2013-0602

FROM:	EPA Region 1

SUBJECT:	July 28, 2014, Meeting with League of Conservation Voters of New Hampshire Regarding Proposed Clean Power Plan for Existing Power Plants  --------------------------------------------------------------------------------

SUMMARY

      A meeting was held by the League of Conservation Voters of Maine to discuss perspectives on the Clean Power Plan.  Cynthia Greene presented an overview of the Clean Power Plan to the group.          ATTENDEES (all by phone) Cynthia Greene, EPA

Approximately 30 additional people attended this event.  Attendance was not taken by EPA.

Presentation attached.


[Federal Register Volume 85, Number 198 (Tuesday, October 13, 2020)]
[Notices]
[Pages 64458-64459]
[FR Doc No: 2020-22591]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OGC-2020-0507; FRL-10015-55-OGC]

Proposed Settlement Agreements, Clean Water Act and Endangered
Species Act

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; request for public comment.

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

SUMMARY: In accordance with the Environmental Protection Agency (EPA)
Administrator's October 16, 2017, Directive Promoting Transparency and
Public Participation in Consent Decrees and Settlement Agreements,
notice is hereby given of a proposed stipulated order of dismissal to
address several claims in a lawsuit filed by Northwest Environmental
Advocates (``Plaintiff'') in the U.S. District Court for the Western
District of Washington. On December 7, 2016 the Plaintiff filed a
complaint alleging, among other things, that the EPA's failed to
perform duties mandated by the Endangered Species Act (ESA) to consult
with the Fish & Wildlife Service and the National Marine Fisheries
Service (collectively ``the Services'') regarding its actions under the
Clean Water Act (CWA) with respect to nonpoint source management
programs administered by the State of Washington Department of Ecology
(``Ecology''). EPA seeks public input on the proposed stipulated order
of dismissal prior to its final decision-making to settle the
litigation.

DATES: Written comments on the proposed settlement agreements must be
received by November 12, 2020.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2020-0507, online at www.regulations.gov (EPA's preferred method).
For comments submitted at www.regulations.gov, follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from www.regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
generally will not consider comments or comment contents located
outside of the primary submission (i.e. on the web, cloud, or other
file sharing system). The EPA encourages the public to submit comments
via www.Regulations.gov, as there will be a delay in processing mail
and no hand deliveries will be accepted. For additional submission
methods, please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section. For the full EPA public comment policy,
information about CBI or multimedia submissions, and general guidance
on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Stephen Sweeney, Water Law Office
(2355A), Office of General Counsel, U.S. Environmental Protection
Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone:
(202) 564-5491; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Stipulated Dismissal

    On December 7, 2016, Plaintiff filed suit in the federal district
court for the Western District of Washington. Plaintiff's original
Complaint brought six claims alleging violations of various statutes by
EPA and the National Oceanic & Atmospheric Administration (``NOAA''),
including Administrative Procedure Act (``APA'') claims alleging
violations of the Coastal Zone Management Act, the CWA, the Coastal
Zone Act Reauthorization Amendments, and the ESA. The State of
Washington Department of Ecology (``Ecology'') also intervened as a
defendant in the litigation, as did the Washington State Farm Bureau
Federation and Washington Cattlemen's Association. Each party filed
motions designed to resolve some of the claims in the dispute. The
proposed stipulated order of dismissal would resolve the remaining
claims, specifically the remaining claims against EPA under the CWA and
ESA.
    Plaintiff's remaining claims are that EPA: Violated CWA section 319
by approving Ecology's 2015 nonpoint source program update; violated
CWA section 319(h)(8) in successive determinations in 2015, 2016, and
2017 that Washington had made ``satisfactory progress'' in implementing
its nonpoint source program over the preceding years (2014, 2015,
2016); and violated ESA section 7 by failing to consult on the
preceding actions, as well as on EPA's annual awards of CWA section 319
grant funds in each year between 2011-2017.
    Under the proposed stipulated order of dismissal, EPA's obligations
would be as follows: EPA's approval of Ecology's 2015 program update
submittal would be remanded to EPA, and EPA's reconsideration of the
program update (and associated ESA procedural commitments) would be
stayed pending Ecology's action (or inaction as of a date certain) in
submitting its next anticipated program update under section CWA
section 319. Under the proposed settlement, EPA would be obligated to
make an effects determination under ESA regulations, pursuant to 50 CFR
402.14(a), on EPA's approval, if any, of either Ecology's 2015
Submittal or its next nonpoint source management program update,
depending on whether Ecology timely submits an update and, as
appropriate, request initiation of ESA section 7 consultation with the
U.S. Fish and Wildlife Service and/or the National Marine Fisheries
Service. Specifically, if Ecology does not submit a program update by
December 31, 2021, or a mutually negotiated extension, EPA would
proceed with an ESA effects determination based on the State's 2015
submittal (which EPA approved in 2015) and, as appropriate, request
initiation of ESA section 7 consultation. EPA also would make an
``effects determination'' under the ESA for the first ``satisfactory
progress'' determination (under CWA section 319(h)(8)) associated with
issuance of

the next (2022) annual federal grant award and, as appropriate, request
initiation of ESA consultation with the Services. The proposed
stipulated order of dismissal would not resolve NWEA's claim for
attorney's fees, which Plaintiff would need to file within 30 days of
entry of the stipulated order of dismissal. The proposed stipulated
order of dismissal includes obligations for Ecology; those terms are
outside the scope of this notice and the Agency is not soliciting
comment on them.
    For a period of thirty (30) days following the date of publication
of this notice, the Agency will accept written comments relating to the
obligations of EPA for resolution of the claims contained in the
proposed stipulated order of dismissal from persons who are not named
as original parties or intervenors to the litigation in question. EPA
also may hold a public hearing on whether to enter into the proposed
stipulated order of dismissal. EPA or the Department of Justice may
withdraw or withhold consent to the proposed stipulated order of
dismissal if the comments disclose facts or considerations that
indicate that such consent is inappropriate, improper, inadequate, or
inconsistent with the requirements of the CWA or ESA. Unless EPA or the
Department of Justice determines that consent to this proposed
stipulated order of dismissal should be withdrawn, the terms of the
proposed stipulated order of dismissal will be affirmed and entered
with the Court.

II. Additional Information About Commenting on the Proposed Settlement
Agreement

A. How can I get a copy of the proposed settlement agreement?

    The official public docket for this action (identified by EPA-HQ-
OGC-2020-0507) contains a copy of the proposed settlement agreement.
The official public docket is located at the Office of Environmental
Information (OEI) Docket in the EPA Docket Center, EPA West, Room 3334,
1301 Constitution Ave. NW, Washington, DC. The regular hours of the EPA
Docket Center Public Reading Room are from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal holidays; however, due to the
COVID-19 pandemic, there may be limited or no opportunity to enter the
docket center. At the time of this printing, the docket center is
closed to public visitors out of an abundance of caution for members of
the public and EPA staff to reduce the risk of transmitting COVID-19.
During the closure, Docket Center staff will continue to provide remote
customer service via email, phone, and webform. For further information
on EPA Docket Center services, see https://www.epa.gov/dockets. The
telephone number for the Public Reading Room is<PHONE_NUMBER>, and the
telephone number for the OEI Docket is<PHONE_NUMBER>.
    An electronic version of the public docket is available on EPA's
website at www.regulations.gov. You may use www.regulations.gov to
submit or view public comments, access the index listing of the
contents of the official public docket, and access those documents in
the public docket that are available electronically. Once in the
system, key in the appropriate docket identification number then select
``search.'' It is important to note that EPA's policy is that public
comments, whether submitted electronically or in paper, will be made
available for public viewing online at www.regulations.gov without
change, unless the comment contains copyrighted material, CBI, or other
information whose disclosure is restricted by statute. Information
claimed as CBI and other information whose disclosure is restricted by
statute is not included in the official public docket or in the
electronic public docket.
    EPA's policy is that copyrighted material, including copyrighted
material contained in a public comment, will not be placed in EPA's
electronic public docket but will be available only in printed, paper
form in the official public docket. EPA has not included any
copyrighted material in the docket for this proposed settlement. If
commenters submit copyrighted material in a public comment, it will be
placed in the official public docket and made available for public
viewing when the EPA Docket Center is open.

B. How and to whom do I submit comments?

    You may submit comments as provided in the ADDRESSES section.
Please ensure that your comments are submitted within the specified
comment period. The EPA encourages the public to submit comments via
www.Regulations.gov. There will be a delay in processing mail and no
hand deliveries will be accepted due to the COVID-19 pandemic.
    EPA recommends that you include your name, mailing address, and an
email address or other contact information in the body of your comment.
This ensures that you can be identified as the submitter of the comment
and allows EPA to contact you in case EPA cannot read your comment due
to technical difficulties or needs further information on the substance
of your comment. Any identifying or contact information provided in the
body of a comment will be included as part of the comment that is
placed in the official public docket, and made available in EPA's
electronic public docket. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment.
    Use of the www.regulations.gov website to submit comments to EPA
electronically is EPA's preferred method for receiving comments. The
electronic public docket system is an ``anonymous access'' system,
which means EPA will not know your identity, email address, or other
contact information unless you provide it in the body of your comment.
In contrast to EPA's electronic public docket, EPA's electronic mail
(email) system is not an ``anonymous access'' system. If you send an
email comment directly to the Docket without going through
www.regulations.gov, your email address is automatically captured and
included as part of the comment that is placed in the official public
docket, and made available in EPA's electronic public docket.

    Dated: October 6, 2020.
Steven Neugeboren,
Associate General Counsel.
[FR Doc. 2020-22591 Filed 10-9-20; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 226 (Monday, November 24, 2014)]
[Notices]
[Page 69976]
[FR Doc No: 2014-27802]

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

Federal Aviation Administration

Agency Information Collection Activities: Requests for Comments;
Clearance of Renewed Approval of Information Collection: Commercial
Space Transportation Reusable Launch Vehicle and Reentry Licensing
Regulation

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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

SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FAA
invites public comments about our intention to request the Office of
Management and Budget (OMB) approval to renew an information
collection. The Federal Register Notice with a 60-day comment period
soliciting comments on the following collection of information was
published on September 9, 2014. The information is used to determine if
applicants satisfy requirements for obtaining a launch license to
protect the public from risks associated with reentry operations from a
site not operated by or situated on a Federal launch range.

DATES: Written comments should be submitted by December 24, 2014.

ADDRESSES: Interested persons are invited to submit written comments on
the proposed information collection to the Office of Information and
Regulatory Affairs, Office of Management and Budget. Comments should be
addressed to the attention of the Desk Officer, Department of
Transportation/FAA, and sent via electronic mail to
<EMAIL_ADDRESS>or faxed to<PHONE_NUMBER>, or mailed to
the Office of Information and Regulatory Affairs, Office of Management
and Budget, Docket Library, Room 10102, 725 17th Street NW.,
Washington, DC 20503.
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) Whether the proposed
collection of information is necessary for FAA's performance; (b) the
accuracy of the estimated burden; (c) ways for FAA to enhance the
quality, utility and clarity of the information collection; and (d)
ways that the burden could be minimized without reducing the quality of
the collected information. The agency will summarize and/or include
your comments in the request for OMB's clearance of this information
collection.

FOR FURTHER INFORMATION CONTACT: Kathy DePaepe at<PHONE_NUMBER>, or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    OMB Control Number: 2120-0643.
    Title: Commercial Space Transportation Reusable Launch Vehicle and
Reentry Licensing Regulation.
    Form Numbers: There are no FAA forms associated with this
collection.
    Type of Review: Renewal of an information collection.
    Background: The Federal Register Notice with a 60-day comment
period soliciting comments on the following collection of information
was published on September 9, 2014 (79 FR 53507). The data is necessary
for a U.S. citizen to apply for and obtain a reusable launch vehicle
(RLV) mission license or a reentry license for activities by commercial
or non-federal entities (that are not done by or for the U.S.
Government) as defined and required by 51 U.S.C. 509, as amended. The
information is needed to demonstrate to the FAA Office of Commercial
Space Transportation (FAA/AST) that the proposed activity meets
applicable public safety, national security, and foreign policy
interests of the United States.
    Respondents: Approximately 6 applicants.
    Frequency: Information is collected on occasion.
    Estimated Average Burden per Response: 5,000 hours.
    Estimated Total Annual Burden: 30,000 hours.

    Issued in Washington, DC, on November 18, 2014.
Yvette Landers,
Manager, IT Strategy, Policy, & Business Planning Division, ASP-100.
[FR Doc. 2014-27802 Filed 11-21-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 77 (Friday, April 23, 2021)]
[Notices]
[Pages 21781-21782]
[FR Doc No: 2021-08419]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2020-0203]

Agency Information Collection Activities; Approval of a New
Information Collection Request

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

ACTION: Notice and request for comments.

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

SUMMARY: In accordance with the Paperwork Reduction Act of 1995,
Federal Motor Carrier Safety Administration (FMCSA) announces its plan
to submit the Information Collection Request (ICR) described below to
the Office of Management and Budget (OMB) for its review and approval
and invites public comment. This notice invites comment on a proposed
information collection project titled Trucking Fleet Concept of
Operations (CONOPS) for Managing Mixed Fleets. It is a survey study
that will assess the self-reports of approximately 2,000 survey
respondents, including commercial motor vehicle (CMV) fleet managers,
CMV sales personnel, State and Federal government personnel, industry
engineers, researchers, and CMV drivers. The questionnaire is designed
to collect baseline opinions of automated driving systems (ADS) before
and after hands-on demonstrations with ADS technologies.

DATES: Please send your comments by May 24, 2021. OMB must receive your
comments by this date in order to act quickly on the ICR.

ADDRESSES: Written comments and recommendations for the proposed
information collection should be sent within 30 days of publication of
this notice to www.reginfo.gov/public/do/PRAMain. Find this particular
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function.

FOR FURTHER INFORMATION CONTACT: Thomas Kelly, Technology Division,
Department of Transportation, FMCSA, West Building 6th Floor, 1200 New
Jersey Avenue SE, Washington, DC 20590. Telephone:<PHONE_NUMBER>; email
<EMAIL_ADDRESS>Office hours are from 9 a.m. to 5 p.m., Monday
through Friday, except Federal Holidays.

SUPPLEMENTARY INFORMATION:
    Title: Trucking Fleet Concept of Operations (CONOPS) for Managing
Mixed Fleets.
    OMB Control No.: To be determined by OMB upon OMB approval of the
ICR.
    Type of Request: new information collection.
    Respondents: CMV fleet managers, CMV sales personnel, State and
Federal government personnel, industry engineers, researchers, and CMV
drivers.
    Estimated Number of Respondents: 2,000 total respondents (675 CMV
fleet managers, 150 CMV sales personnel, 600 Industry Engineers, 100
CMV Drivers, 325 State and Federal government, and 150 Researchers).
    Estimated Time per Response: 3.5 minutes for the Pre-Roadshow
Questionnaire and 4.4 minutes for the Post-Roadshow Questionnaire.
    Expiration Date: This is a new information collection.
    Frequency of Response: On occasion (if attending one of four
roadshows).
    Estimated Total Annual Burden: 175 hours.

Background

    Although ADS-equipped trucks hold the promise of increased safety,
productivity, and efficiency, it is not clear how these vehicles should
be integrated into fleet operations with conventional trucks for mixed-
fleet operations. Reflecting this issue is a question frequently asked
by trucking executives: How can I integrate ADS into my fleet
operations? FMCSA needs information from truck industry representatives
regarding their opinions and perception of ADS.
    The introduction of ADS technology on heavy trucks (Class 8
vehicles) will profoundly affect all commerce in the U.S., as the U.S.
moves more than 70% of all goods by truck. However, existing
stakeholders in the road freight ecosystem (primarily for-hire and
private truck fleets, but also shippers, brokers, truck manufacturers,
and service and maintenance providers) do not have a clear picture of
how they will implement ADS in their daily operations. At present,
technical progress in this nascent but promising technology is
outstripping the ability of truck fleets to keep up and plan for ADS
deployment. This may adversely affect adoption by truck fleets and
associated industries, resulting in the delayed achievement of safety,
productivity, and efficiency benefits of ADS-equipped trucks. If ADS
technology is to gain traction in the U.S. trucking industry, current
stakeholders and new entrants need a rigorous, data driven CONOPS.
    This project focuses on the development and demonstration of a
CONOPS for ADS-equipped trucks, which will ensure the results translate
directly to real-world settings that are of practical importance to the
trucking industry, regulators, and the public at large. Part of the
development of CONOPS includes a series of outreach events where the
public, with a focus on truck drivers and truck fleet managers, will
have the opportunity to meet ADS technology developers and original
equipment manufacturers. The outreach will also provide opportunities
to participate in hands-on technology demonstrations, such as in-
vehicle demonstrations and closed-course scenarios. Lessons learned
from this demonstration will influence all three phases of the research
to ensure the CONOPS developed is true to real-life fleet operations.
Thus, the purpose of the hands-on demonstrations: (1) Expose truck
fleet managers and other personnel, truck drivers, government
officials, insurance and inspection personnel, and the general public
to ADS; (2) collect valuable qualitative data on participants' opinions
and perceptions regarding ADS; and (3) use the data to ensure the
CONOPS covers major industry concerns.
    Data will be collected from CMV drivers, CMV fleet managers,
industry engineers, CMV sales personnel, researchers, and State and
Federal government personnel at four roadshows. The roadshows will
coincide with large conferences, such as the Technology Maintenance
Council (TMC) Annual Meeting, North American Commercial Vehicle Show,
SAE Commercial Vehicle Engineering Congress, and Automated Vehicle
Symposium. The questionnaire data collected in Phase I of the study
(pre-roadshow) will allow us to gather baseline opinions regarding ADS
technologies. Once they participate in the hands-on demonstrations at
the roadshow, we will see if their opinions on the technologies have
changed (Phase 2 or post-roadshow).
    The research team will use cell phones to collect participant data

(adhering to cleaning procedures between each participant). The pre-
and post-study questionnaires will be loaded onto a cell phone which
will be distributed to participants at the beginning (and end) of the
roadshow. Each questionnaire will be loaded in an app format. Once the
participants submit their answers, the data will be stored on the phone
and will not be accessible until researchers download the data to a
computer.
    FMCSA conducted a pilot test with some of the proposed end-users.
This pilot test included six end users, two researchers, one government
employee, one commercial/motor vehicle fleet representative, and two
commercial driver's license holders. Participants completed the Pre-
Roadshow Questionnaire and Post-Roadshow Questionnaire, timing
completion of each and reviewing for content and/or comprehension
issues. Based on this pilot test, FMCSA revised the Pre-Roadshow
Questionnaire and Post-Roadshow Questionnaire. Pilot test participants
indicated mean completion times of 3.5 minutes and 4.4 minutes for the
Pre-Roadshow Questionnaire and Post Roadshow Questionnaire,
respectively.

I. Summary of Public Comments Received

    On November 3, 2020, FMCSA published a notice in the Federal
Register (85 FR 69678) with a 60-day public comment period to announce
this proposed information collection. As of the closing date of January
4, 2021, the agency received nine comments in response to this notice;
however, one comment was blank.
    Seven of the comments expressed concern for the safety of ADS
technologies and the potential job losses associated with this
technology.
    The remaining comment indicated concern for real-world ADS testing
as opposed to using simulations. FMCSA appreciates the commenters
taking the time to provide feedback; however, these comments are beyond
the scope of this information collection.
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including: (1) Whether the proposed
collection is necessary for the FMCSA to perform its functions; (2) the
accuracy of the estimated burden; (3) ways for the FMCSA to enhance the
quality, usefulness, and clarity of the collected information; and (4)
ways that the burden could be minimized without reducing the quality of
the collected information.

    Issued under the authority delegated in 49 CFR 1.87 on:
Thomas P. Keane,
Associate Administrator, Office of Research and Registration.
[FR Doc. 2021-08419 Filed 4-22-21; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register: September 30, 2009 (Volume 74, Number 188)]
[Notices]
[Page 50194-50196]
[DOCID:fr30se09-46]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2006-0955; FRL-8438-6]

Rodenticides; Product Cancellation Order

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: This notice announces EPA's order for the cancellation of
registrations, voluntarily requested by the registrants and accepted by
the Agency, of certain rodenticide products containing the pesticides
bromadiolone, bromethalin, cholecalciferol, diphacinone (and its sodium
salt), warfarin (and its sodium salt), and zinc phosphide, pursuant to
section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide
Act (FIFRA), as amended. This cancellation order follows a December 24,
2008 Federal Register Notice of Receipt of Requests from several
registrants to voluntarily cancel certain bromadiolone, bromethalin,
cholecalciferol, diphacinone (and its sodium salt), warfarin (and its
sodium salt), and zinc phosphide product registrations. These are not
the last bromadiolone, bromethalin, cholecalciferol, diphacinone (and
its

sodium salt), warfarin (and its sodium salt), and zinc phosphide
products registered for use in the United States. In the December 24,
2008 notice, EPA indicated that it would issue an order cancelling the
products unless the Agency received substantive comments within the
180-day comment period that would merit its further review of these
requests, or unless the registrants withdrew their requests within this
period. The Agency did not receive any comments on the notice. Further,
the registrants did not withdraw their requests. Accordingly, EPA
hereby issues in this notice a cancellation order granting the
requested cancellations. Any distribution, sale, or use of the
bromadiolone, bromethalin, cholecalciferol, diphacinone (and its sodium
salt), warfarin (and its sodium salt), and zinc phosphide products
subject to this cancellation order is permitted only in accordance with
the terms of this order, including any existing stocks provisions.

DATES: The cancellations are effective September 30, 2009.

FOR FURTHER INFORMATION CONTACT: Rusty Wasem, Pesticide Re-evaluation
Division, Office of Pesticide Programs, Environmental Protection
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001;
telephone number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; e-mail
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general, and may be of
interest to a wide range of stakeholders including environmental, human
health, and agricultural advocates; the chemical industry; pesticide
users; and members of the public interested in the sale, distribution,
or use of pesticides. Since others also may be interested, the Agency
has not attempted to describe all the specific entities that may be
affected by this action. If you have any questions regarding the
applicability of this action to a particular entity, consult the person
listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Copies of this Document and Other Related Information?

    1. Docket. EPA has established a docket for this action under
docket identification (ID) number EPA-HQ-OPP-2006-0955. Publicly
available docket materials are available either in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the Office of Pesticide Programs (OPP) Regulatory Public
Docket in Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal
Dr., Arlington, VA. The hours of operation of this Docket Facility are
from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal
holidays. The Docket Facility telephone number is<PHONE_NUMBER>.
    2. Electronic access. You may access this Federal Register document
electronically through the EPA Internet under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr.

II. What Action is the Agency Taking?

    This notice announces the cancellation, as requested by
registrants, of certain end-use and manufacturing-use rodenticide
products registered under section 3 of FIFRA. These registrations are
listed by registration number in Table 1 of this unit.

               Table 1.--Rodenticide Product Cancellations
------------------------------------------------------------------------
          EPA Registration Number                   Product Name
------------------------------------------------------------------------
                    Cholecalciferol (PC Code 202901)
------------------------------------------------------------------------
3240-28                                     Rampage Mouse Seed
------------------------------------------------------------------------
3240-42                                     Rampage Rat & Mouse Bait
------------------------------------------------------------------------
12455-57                                    Quintox Mouse Seed
------------------------------------------------------------------------
                      Bromadiolone (PC Code 112001)
------------------------------------------------------------------------
12455-68                                    Contrac Mouse Bait Station
------------------------------------------------------------------------
12455-103                                   Contrac Bait Trays
------------------------------------------------------------------------
12455-104                                   Contract Mouse Control Kit
------------------------------------------------------------------------
                      Bromethalin (PC Code 112802)
------------------------------------------------------------------------
12455-100                                   Fastrac Mouse Seed Place Pac
------------------------------------------------------------------------
47629-10                                    Bromethalin Manufacturing
                                             Concentrate
------------------------------------------------------------------------
                      Diphacinone (PC Code 067701)
------------------------------------------------------------------------
3487-26                                     Eagles-14 Diphacinone Rat
                                             Bait
------------------------------------------------------------------------
11885-12                                    Master Mix Blue Death-D Rat
                                             & Mouse Bait
------------------------------------------------------------------------
11885-15                                    Master Mix Blue Death-D Rat
                                             & Mouse Hide-A-Pack
------------------------------------------------------------------------
12455-67                                    Ditrac Mouse Bait Station
------------------------------------------------------------------------
                Diphacinone, Sodium Salt (PC Code 067705)
------------------------------------------------------------------------
3240-17                                     Motomco Water Soluble
                                             Diphacinone Rodenticide
                                             Concentrate Kills Rats &
                                             Mice
------------------------------------------------------------------------
                        Warfarin (PC Code 086002)
------------------------------------------------------------------------
3487-19                                     Eagles-7 Rat Bait
------------------------------------------------------------------------
5887-51                                     Black Leaf Warf Pellets
------------------------------------------------------------------------
5887-98                                     Black Leaf Warf Pellets
                                             Mouse Killer
------------------------------------------------------------------------
12455-15                                    Warfarin Rat and Mouse Bait
------------------------------------------------------------------------
62577-7                                     Echols Mouse & Rat Pellets
------------------------------------------------------------------------
72500-7                                     Kaput Mouse Blocks
------------------------------------------------------------------------
                 Warfarin, Sodium Salt (PC Code 086003)
------------------------------------------------------------------------
12455-22                                    Liqua-Tox Liquid Concentrate
------------------------------------------------------------------------
                     Zinc Phosphide (PC Code 088601)
------------------------------------------------------------------------
12455-59                                    ZP Rodent Bait Place Pac
------------------------------------------------------------------------
12455-85                                    Mole and Gopher Bait
------------------------------------------------------------------------

    Table 2 of this unit includes the names and addresses of record for
all registrants of the products in Table 1 of this unit, in ascending
order sequence by EPA company number.

         Table 2.--Registrants of Cancelled Rodenticide Products
------------------------------------------------------------------------
            EPA Company Number                Company Name and Address
------------------------------------------------------------------------
3240                                        Motomco Ltd.
                                            3699 Kinsman Blvd.
                                            Madison, WI 53704
------------------------------------------------------------------------
3487                                        Bacon Products Corp.
                                            P.O. Box 22187
                                            Chattanooga, TN 37422
------------------------------------------------------------------------
5887                                        Value Gardens Supply LLC
                                            9100 W. Bloomington Fwy.
                                            Ste. 113
                                            Bloomington, MN 55431
------------------------------------------------------------------------

11185                                       ADM Alliance Nutrition, Inc.
                                            P.O. Box C1
                                            Quincy, IL 62305
------------------------------------------------------------------------
12455                                       Bell Laboratories
                                            3699 Kinsman Blvd.
                                            Madison, WI 53704
------------------------------------------------------------------------
47629                                       Woodstream Corp.
                                            69 N. Locust St.
                                            P.O. Box 324
                                            Lititz, PA 17543
------------------------------------------------------------------------
62577                                       Kittrich Corporation
                                            4940 Top Line Dr.
                                            Dallas, TX 75247
------------------------------------------------------------------------
72500                                       Scimetrics Ltd. Corp.
                                            c/o Regwest Co. LLC
                                            30856 Rocky Rd.
                                            Greeley, CO 80631
------------------------------------------------------------------------

III. Summary of Public Comments Received and Agency Response to
Comments

    During the public comment period provided, EPA received no comments
in response to the December 24, 2008 Federal Register notice (73 FR
79104) (FRL-8394-5) announcing the Agency's receipt of the requests for
voluntary cancellations of certain rodenticide products.

 IV. Cancellation Order

    Pursuant to FIFRA section 6(f), EPA hereby approves the requested
cancellations of rodenticide registrations identified in Table 1.
Accordingly, the Agency orders that the rodenticide product
registrations identified in Table 1 are hereby cancelled effective June
4, 2011. Any distribution, sale, or use of the cancelled products
inconsistent with the Provisions for Disposition of Existing Stocks set
forth in Unit VI. will be considered a violation of FIFRA.

V. What is the Agency's Authority for Taking this Action?

    Section 6(f)(1) of FIFRA provides that a registrant of a pesticide
product may at any time request that any of its pesticide registrations
be cancelled or amended to terminate one or more uses. FIFRA further
provides that, before acting on the request, EPA must publish a notice
of receipt of any such request in the Federal Register. Thereafter,
following the public comment period, the Administrator may approve such
a request.

VI. Provisions for Disposition of Existing Stocks

    Existing stocks are those stocks of registered pesticide products
which are currently in the United States and which were packaged,
labeled, and released for shipment prior to the effective date of the
cancellation action. The cancellation order issued in this notice
includes the following existing stocks provisions.
    The cancellation of products identified in Table 1 is effective
June 4, 2011. The registrants of these products may continue to
produce, sell and distribute the rodenticide products identified in
Table 1 until the cancellation date of June 4, 2011. After June 4,
2011, registrants may no longer distribute or sell new or existing
stocks of products listed in Table 1. After June 4, 2011, persons other
than the registrants may distribute, sell or use existing stocks of the
products listed in Table 1 until such existing stocks are depleted.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: September 18, 2009.
 Richard P. Keigwin, Jr.
Director, Pesticide Re-evaluation Division, Office of Pesticide
Programs.
[FR Doc. E9-23452 Filed 9-29-09; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 86, Number 111 (Friday, June 11, 2021)]
[Notices]
[Page 31305]
[FR Doc No: 2021-12295]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

    Docket Number: PR21-49-000.
    Applicants: Black Hills Energy Arkansas, Inc.
    Description: Tariff filing per 284.123(b)(2)+(g): BHEA SOC Filing
to be effective 6/1/2021.
    Filed Date: 6/1/2021.
    Accession Number:<PHONE_NUMBER>85.
    Comments Due: 5 p.m. ET 6/22/2021.
    284.123(g) Protests Due: 5 p.m. ET 8/2/2021.

    Docket Number: PR21-50-000.
    Applicants: Gulf Coast Express Pipeline LLC.
    Description: Tariff filing per 284.123(b),(e)+(g): Estimated Fuel
Adjustment to be effective 6/1/2021.
    Filed Date: 6/2/2021.
    Accession Number:<PHONE_NUMBER>08.
    Comments Due: 5 p.m. ET 6/23/2021.
    284.123(g) Protests Due: 5 p.m. ET 8/2/2021.

    Docket Numbers: RP21-886-000.
    Applicants: Rover Pipeline LLC.
    Description: Sec.  4(d) Rate Filing: Summary of Negotiated Rate
Capacity Release Agreements on 6-2-21 to be effective 6/1/2021.
    Filed Date: 6/2/21.
    Accession Number: 20210602-5034.
    Comments Due: 5 p.m. ET 6/14/21.

    Docket Numbers: RP21-890-000.
    Applicants: Trailblazer Pipeline Company LLC.
    Description: Sec.  4(d) Rate Filing: TPC 2021-06-03 Negotiated Rate
Agreements to be effective 6/1/2021.
    Filed Date: 6/3/21.
    Accession Number: 20210603-5149.
    Comments Due: 5 p.m. ET 6/15/21.

    Docket Numbers: RP15-904-002.
    Applicants: Gas Transmission Northwest LLC.
    Description: Pre-Arranged/Pre-Agreed (Amended Stipulation and
Agreement of Settlement) Filing of Gas Transmission Northwest LLC.
    Filed Date: 6/4/21.
    Accession Number: 20210604-5180.
    Comments Due: 5 p.m. ET 6/11/21.

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

    Dated: June 7, 2021.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2021-12295 Filed 6-10-21; 8:45 am]
BILLING CODE 6717-01-P