48299 Federal Register / Vol. 68, No. 156 / Wednesday, August 13, 2003 / Rules and Regulations 67 ABA/ NAPM Comments at 2   3. participants with sufficient information about results under the PRC version to warrant requiring a Postal Service witness to sponsor the results. Institutional discovery and technical conferences remain available to participants. Accordingly, the suggestion will not be adopted at this time. Finally, ABA/ NAPM request that the Commission clarify that the proposed amendment to rule 54( a)( 1) does not change the reporting requirements regarding attribution procedures, but rather that they will now be covered by rule 53( c). 67 The Commission clarifies that ABA/ NAPM's understanding is correct.

Conclusion For the reasons discussed above, the Commission hereby amends subparts B and C of its rules of practice and procedure as set forth below. Any suggestion or request to modify the Commission's rules raised by any participant not specifically addressed herein is denied. It is ordered: 1. The Commission adopts the provisions set forth below as final rules amending 39 CFR 3001.53, 54, and 63. 2. These rules will take effect on October 1, 2003. 3. The Secretary shall cause this notice and order adopting final rule to be published in the Federal Register.

By the Commission. Dated: August 7, 2003. Garry J. Sikora, Acting Secretary.

List of Subjects in 39 CFR Part 3001 Administrative practice and procedure, Postal Service.

 For the reasons stated in the accompanying order, the Commission adopts the following amendments to 39 CFR part 3001   Rules of Practice and Procedure Subpart B   Rules Applicable to Requests for Changes in Rates or Fees and Subpart C   Rules Applicable to Requests for Establishing or Changing the Mail Classification Schedule as follows:

PART 3001   RULES OF PRACTICE AND PROCEDURE  1. The authority citation for part 3001 continues to read as follows:

Authority: 39 U. S. C. 404( b); 3603; 3622   24; 3661, 3662, 3663.

Subpart B   Rules Applicable to Requests for Changes in Rates or Fees  2. Revise § 3001.53 to read as follows: § 3001.53 Filing of prepared direct evidence. ( a) General requirements. Simultaneously with the filing of the formal request for a recommended decision under this subpart, the Postal Service shall file all of the prepared direct evidence upon which it proposes to rely in the proceeding on the record before the Commission to establish that the proposed changes or adjustments in rates or fees are in the public interest and are in accordance with the policies and the applicable criteria of the Act. Such prepared direct evidence shall be in the form of prepared written testimony and documentary exhibits which shall be filed in accordance with § 3001.31. ( b) Overview of filing. As part of its direct evidence, the Postal Service shall include a single piece of testimony that provides an overview of its filing, including identifying the subject matter of each witness's testimony, explaining how the testimony of its witnesses interrelates, and describing changes in cost methodology, volume estimation, or rate design, as compared to the manner in which they were calculated by the Commission to develop recommended rates and fees in the most recent general rate proceeding. This testimony should also identify, with reference to the appropriate testimony, each witness responsible for addressing any methodological change described in paragraph ( c) of this section. ( c) Proposed changes. As part of its direct evidence, the Postal Service shall submit testimony that identifies and explains each material change in cost methodology, volume estimation, or rate design, compared to the method employed by the Commission in the most recent general rate proceeding. This requirement shall not apply to any such change adopted by the Commission in an intervening proceeding. The testimony required in this paragraph ( c) shall also include a discussion of the impact of each such change on the levels of attributable costs, projected volumes, and rate levels.  3. In § 3001.54 paragraph ( a)( 1) is revised to read as follows:

§ 3001.54 Contents for formal requests. ( a) General requirements. ( 1) Each formal request filed under this subpart shall include such information and data and such statements of reasons and bases as are necessary and appropriate fully to inform the Commission and the parties of the nature, scope, significance, and impact of the proposed changes or adjustments in rates or fees and to show that the changes or adjustments in rates or fees are in the public interest and in accordance with the policies of the Act and the applicable criteria of the Act. To the extent information is available or can be made available without undue burden, each formal request shall include the information specified in paragraphs ( b) through ( r) of this section. If a request proposes to change the cost attribution principles applied by the Commission in the most recent general rate proceeding in which its recommended rates were adopted, the Postal Service's request shall include an alternate cost presentation satisfying paragraph ( h) of this section that shows what the effect on its request would be if it did not propose changes in attribution principles. * * * * *

Subpart C   Rules Applicable to Requests for Establishing or Changing the Mail Classification Schedule  4. Revise § 3001.63 to read as follows:

§ 3001.63 Filing of prepared direct evidence.

( a) General requirements. Simultaneously with the filing of the formal request for a recommended decision under this subpart, the Postal Service shall file all of the prepared direct evidence upon which it proposes to rely in the proceeding on the record before the Commission to establish that the mail classification schedule or changes therein proposed by the Postal Service are in accordance with the policies and the applicable criteria of the Act. Such prepared direct evidence shall be in the form of prepared written testimony and documentary exhibits which shall be filed in accordance with § 3001.31. ( b) Requests affecting more than one subclass. Each formal request filed under this subpart affecting more than one subclass or special service is subject to the requirements of § 3001.53( b) and ( c).

[ FR Doc. 03   20566 Filed 8   12   03; 8: 45 am]

BILLING CODE 7710   FW   P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 [ OPP   2003   0180; FRL   7315   9]

Tralkoxydim; Time Limited Pesticide Tolerance AGENCY: Environmental Protection Agency ( EPA).

VerDate jul< 14> 2003 15: 39 Aug 12, 2003 Jkt 200001 PO 00000 Frm 00049 Fmt 4700 Sfmt 4700 E:\ FR\ FM\ 13AUR1. SGM 13AUR1 48300 Federal Register / Vol. 68, No. 156 / Wednesday, August 13, 2003 / Rules and Regulations ACTION: Final rule.

SUMMARY: This regulation establishes a time limited tolerance for residues of tralkoxydim in or on barley, grain; barley, hay; barley, straw; wheat, forage; wheat, grain; wheat, hay; wheat, straw. Syngenta Crop Protection, Inc. requested this tolerance under the Federal Food, Drug, and Cosmetic Act ( FFDCA), as amended by the Food Quality Protection Act of 1996 ( FQPA). The tolerance will expire on May 1, 2005. DATES: This regulation is effective August 13, 2003. Objections and requests for hearings, identified by docket ID number OPP   2003   0180, must be received on or before October 14, 2003. ADDRESSES: Written objections and hearing requests may be submitted electronically, by mail, or through hand delivery/ courier. Follow the detailed instructions as provided in Unit VI. of the SUPPLEMENTARY INFORMATION. FOR FURTHER INFORMATION CONTACT: Jim Tompkins, Registration Division ( 7505C), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460   0001; telephone number: 703 305 5697; e mail address: tompkins. jim@ epa. gov.

SUPPLEMENTARY INFORMATION:

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

1. Docket. EPA has established an official public docket for this action under docket identification ( ID) number OPP   2003   0180. The official public docket consists of the documents specifically referenced in this action, any public comments received, and other information related to this action. Although a part of the official docket, the public docket does not include Confidential Business Information ( CBI) or other information whose disclosure is restricted by statute. The official public docket is the collection of materials that is available for public viewing at the Public Information and Records Integrity Branch ( PIRIB), Rm. 119, Crystal Mall# 2, 1921 Jefferson Davis Hwy., Arlington, VA. This docket facility is open from 8: 30 a. m. to 4 p. m., Monday through Friday, excluding legal holidays. The docket telephone number is ( 703) 305   5805. 2. Electronic access. You may access this Federal Register document electronically through the EPA Internet under the `` Federal Register'' listings at http:// www. epa. gov/ fedrgstr/. A frequently updated electronic version of 40 CFR part 180 is available at http:// www. access. gpo. gov/ nara/ cfr/ cfrhtml_ 00/ Title_ 40/ 40cf r180_ 00. html, a beta site currently under development. To access the OPPTS Harmonized Guidelines referenced in this document, go directly to the guidelines at http:// www. epa. gov/ opptsfrs/ home/ guidelin. htm. An electronic version of the public docket is available through EPA's electronic public docket and comment system, EPA Dockets. You may use EPA Dockets at http:// www. epa. gov/ edocket/ to submit or view public comments, access the index listing of the contents of the official public docket, and to access those documents in the public docket that are available electronically. Although not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the docket facility identified in Unit I. B. 1. Once in the system, select `` search,'' then key in the appropriate docket ID number.

II. Background and Statutory Findings In the Federal Register of March 21, 2003 ( 68 FR 13920   13924) ( FRL   7295   5), EPA issued a notice pursuant to section 408 of the FFDCA, 21 U. S. C. 346a, as amended by the FQPA ( Public Law 104   170), announcing the filing of a pesticide petition ( PP 6F4631) by Sygenta Crop Protection, Inc, P. O. Box 18300, Greensboro, N. C, 27419   8300. This notice included a summary of the petition prepared by Syngenta Crop Protection, the registrant. There were no comments received in response to the notice of filing. The petition requested that 40 CFR 180.548 be amended by establishing a tolerance for residues of the herbicide tralkoxydim, 2( Cyclohexen 1 one, 2[ 1 ( ethoxyimino) propyl] 3 hydroxyl 5 ( 2,4,6 trimethylphenyl)( 9Cl), in or on barley, grain at 0.02 parts per million ( ppm) ; barley, hay at 0.02 ppm; barley, straw at 0.05 ppm; wheat, forage at 0.05 ppm; wheat, grain at 0.02 ppm; wheat, hay at 0.02 ppm; and wheat, straw at 0.05 ppm. The tolerance will expire on May 1, 2005. Section 408( b)( 2)( A)( i) of the FFDCA allows EPA to establish a tolerance ( the legal limit for a pesticide chemical residue in or on a food) only if EPA determines that the tolerance is `` safe.'' Section 408( b)( 2)( A)( ii) of the FFDCA defines `` safe'' to mean that `` there is a reasonable certainty that no harm will result from aggregate exposure to the pesticide chemical residue, including all anticipated dietary exposures and all other exposures for which there is reliable information.'' This includes exposure through drinking water and in residential settings, but does not include occupational exposure. Section 408( b)( 2)( C) of the FFDCA requires EPA to give special consideration to exposure of infants and children to the pesticide chemical residue in establishing a tolerance and to `` ensure that there is a reasonable certainty that no harm will result to infants and children from aggregate exposure to the pesticide chemical residue....'' EPA performs a number of analyses to determine the risks from aggregate exposure to pesticide residues. For further discussion of the regulatory requirements of section 408 of the FFDCA and a complete description of the risk assessment process, see the final rule on Bifenthrin Pesticide Tolerances ( 62 FR 62961, November 26, 1997) ( FRL   5754   7).

III. Aggregate Risk Assessment and Determination of Safety Consistent with section 408( b)( 2)( D) of the FFDCA, EPA has reviewed the available scientific data and other relevant information in support of this action. EPA has sufficient data to assess the hazards of and to make a determination on aggregate exposure, consistent with section 408( b)( 2) of the FFDCA , for a tolerance for residues of tralkoxydim on barley, grain at 0.02 parts per million ( ppm) ; barley, hay at 0.02 ppm; barley, straw at 0.05 ppm;

VerDate jul< 14> 2003 15: 39 Aug 12, 2003 Jkt 200001 PO 00000 Frm 00050 Fmt 4700 Sfmt 4700 E:\ FR\ FM\ 13AUR1. SGM 13AUR1 48301 Federal Register / Vol. 68, No. 156 / Wednesday, August 13, 2003 / Rules and Regulations wheat, forage at 0.05 ppm; wheat, grain at 0.02 ppm; wheat, hay at 0.02 ppm; and wheat, straw at 0.05 ppm EPA's assessment of exposures and risks associated with establishing the tolerance was discussed in the Federal Register December 16, 1998 ( 63 FR 69194   69200) and will not be repeated in this notice.

IV. Conclusion Therefore, the tolerance is established for residues of tralkoxydim, 2 ( Cyclohexen 1 one, 2[ 1( ethoxyimino) propyl] 3 hydroxyl 5( 2,4,6 trimethylphenyl)( 9Cl), in or on barley, grain at 0.02 ppm ; barley, hay at 0.02 ppm; barley, straw at 0.05 ppm; wheat, forage at 0.05 ppm; wheat, grain at 0.02 ppm; wheat, hay at 0.02 ppm; and wheat, straw at 0.05 ppm Due to the second species carcinogenicity study data gap: EPA believes it is inappropriate to establish permanent tolerances for the uses of tralkoxydim at this time. EPA believes that the existing data support timelimited tolerances to May 1, 2005. Therefore, time limited tolerances are established for residues of the herbicide, tralkoxydim, 2( Cyclohexen 1 one, 2[ 1 ( ethoxyimino) propyl] 3 hydroxy 5 ( 2,4,6 trimethylphenyl)( 9Cl), in or on the raw agricultural commodities: barley grain, barley hay, wheat grain and wheat hay at 0.02 ppm, and barley straw, wheat forage and wheat straw at 0.05 ppm. These time limited tolerances will expire and be revoked on May 1, 2005.

VI. Objections and Hearing Requests Under section 408( g) of the FFDCA, as amended by the FQPA, any person may file an objection to any aspect of this regulation and may also request a hearing on those objections. The EPA procedural regulations which govern the submission of objections and requests for hearings appear in 40 CFR part 178. Although the procedures in those regulations require some modification to reflect the amendments made to the FFDCA by the FQPA, EPA will continue to use those procedures, with appropriate adjustments, until the necessary modifications can be made. The new section 408( g) of the FFDCA provides essentially the same process for persons to `` object'' to a regulation for an exemption from the requirement of a tolerance issued by EPA under new section 408( d), as was provided in the old sections 408 and 409 of the FFDCA. However, the period for filing objections is now 60 days, rather than 30 days. A. What Do I Need to Do to File an Objection or Request a Hearing?

You must file your objection or request a hearing on this regulation in accordance with the instructions provided in this unit and in 40 CFR part 178. To ensure proper receipt by EPA, you must identify docket ID number   OPP   2003   0180. in the subject line on the first page of your submission. All requests must be in writing, and must be mailed or delivered to the Hearing Clerk on or before October 14, 2003. 1. Filing the request. Your objection must specify the specific provisions in the regulation that you object to, and the grounds for the objections ( 40 CFR 178.25). If a hearing is requested, the objections must include a statement of the factual issues( s) on which a hearing is requested, the requestor's contentions on such issues, and a summary of any evidence relied upon by the objector ( 40 CFR 178.27). Information submitted in connection with an objection or hearing request may be claimed confidential by marking any part or all of that information as CBI. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. A copy of the information that does not contain CBI must be submitted for inclusion in the public record. Information not marked confidential may be disclosed publicly by EPA without prior notice. Mail your written request to: Office of the Hearing Clerk ( 1900C), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460   0001. You may also deliver your request to the Office of the Hearing Clerk in Rm. 104, Crystal Mall # 2, 1921 Jefferson Davis Hwy., Arlington, VA   . The Office of the Hearing Clerk is open from 8 a. m. to 4 p. m., Monday through Friday, excluding legal holidays. The telephone number for the Office of the Hearing Clerk is ( 703) 603   0061. 2. Tolerance fee payment. If you file an objection or request a hearing, you must also pay the fee prescribed by 40 CFR 180.33( i) or request a waiver of that fee pursuant to 40 CFR 180.33( m). You must mail the fee to: EPA Headquarters Accounting Operations Branch, Office of Pesticide Programs, P. O. Box 360277M, Pittsburgh, PA 15251. Please identify the fee submission by labeling it `` Tolerance Petition Fees.'' EPA is authorized to waive any fee requirement `` when in the judgement of the Administrator such a waiver or refund is equitable and not contrary to the purpose of this subsection.'' For additional information regarding the waiver of these fees, you may contact James Tompkins by phone at ( 703) 305   5697, by e mail at tompkins. jim@ epa. gov, or by mailing a request for information to Mr. Tompkins at Registration Division ( 7505C), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460   0001. If you would like to request a waiver of the tolerance objection fees, you must mail your request for such a waiver to: James Hollins, Information Resources and Services Division ( 7502C), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460   0001. 3. Copies for the Docket. In addition to filing an objection or hearing request with the Hearing Clerk as described in Unit VI. A., you should also send a copy of your request to the PIRIB for its inclusion in the official record that is described in Unit I. B. 1. Mail your copies, identified by docket ID number   OPP   2003   0180., to: Public Information and Records Integrity Branch, Information Resources and Services Division ( 7502C), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460   0001. In person or by courier, bring a copy to the location of the PIRIB described in Unit I. B. 1. You may also send an electronic copy of your request via e mail to: oppdocket epa. gov. Please use an ASCII file format and avoid the use of special characters and any form of encryption. Copies of electronic objections and hearing requests will also be accepted on disks in WordPerfect 6.1/ 8.0 or ASCII file format. Do not include any CBI in your electronic copy. You may also submit an electronic copy of your request at many Federal Depository Libraries.

B. When Will the Agency Grant a Request for a Hearing? A request for a hearing will be granted if the Administrator determines that the material submitted shows the following: There is a genuine and substantial issue of fact; there is a reasonable possibility that available evidence identified by the requestor would, if established resolve one or more of such issues in favor of the requestor, taking into account uncontested claims or facts to the contrary; and resolution of the factual issues( s) in the manner sought by the requestor would be adequate to justify the action requested ( 40 CFR 178.32).

VII. Statutory and Executive Order Reviews This final rule establishes a tolerance under section 408( d) of the FFDCA in VerDate jul< 14> 2003 15: 39 Aug 12, 2003 Jkt 200001 PO 00000 Frm 00051 Fmt 4700 Sfmt 4700 E:\ FR\ FM\ 13AUR1. SGM 13AUR1 48302 Federal Register / Vol. 68, No. 156 / Wednesday, August 13, 2003 / Rules and Regulations response to a petition submitted to the Agency. The Office of Management and Budget ( OMB) has exempted these types of actions from review under Executive Order 12866, entitled Regulatory Planning and Review ( 58 FR 51735, October 4, 1993). Because this rule has been exempted from review under Executive Order 12866 due to its lack of significance, this rule is not subject to Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use ( 66 FR 28355, May 22, 2001). This final rule does not contain any information collections subject to OMB approval under the Paperwork Reduction Act ( PRA), 44 U. S. C. 3501 et seq., or impose any enforceable duty or contain any unfunded mandate as described under Title II of the Unfunded Mandates Reform Act of 1995 ( UMRA) ( Public Law 104   4). Nor does it require any special considerations under Executive Order 12898, entitled Federal Actions to Address Environmental Justice in Minority Populations and Low Income Populations ( 59 FR 7629, February 16, 1994); or OMB review or any Agency action under Executive Order 13045, entitled Protection of Children from Environmental Health Risks and Safety Risks ( 62 FR 19885, April 23, 1997). This action does not involve any technical standards that would require Agency consideration of voluntary consensus standards pursuant to section 12( d) of the National Technology Transfer and Advancement Act of 1995 ( NTTAA), Public Law 104   113, section 12( d) ( 15 U. S. C. 272 note). Since tolerances and exemptions that are established on the basis of a petition under section 408( d) of the FFDCA, such as the tolerance in this final rule, do not require the issuance of a proposed rule, the requirements of the Regulatory Flexibility Act ( RFA) ( 5 U. S. C. 601 et seq.) do not apply. In addition, the Agency has determined that this action will not have a substantial direct effect on 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, as specified in Executive Order 13132, entitled Federalism( 64 FR 43255, August 10, 1999). Executive Order 13132 requires EPA to develop an accountable process to ensure `` meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications.'' `` Policies that have federalism implications'' is defined in the Executive order to include regulations that have `` substantial direct effects 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.'' This final rule directly regulates growers, food processors, food handlers and food retailers, not States. This action does not alter the relationships or distribution of power and responsibilities established by Congress in the preemption provisions of section 408( n)( 4) of the FFDCA. For these same reasons, the Agency has determined that this rule does not have any `` tribal implications'' as described in Executive Order 13175, entitled Consultation and Coordination with Indian Tribal Governments ( 65 FR 67249, November 6, 2000). Executive Order 13175, requires EPA to develop an accountable process to ensure `` meaningful and timely input by tribal officials in the development of regulatory policies that have tribal implications.'' `` Policies that have tribal implications'' is defined in the Executive order to include regulations that have `` substantial direct effects on one or more Indian tribes, on the relationship between the Federal Government and the Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes.'' This rule will not have substantial direct effects on tribal governments, 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, as specified in Executive Order 13175. Thus, Executive Order 13175 does not apply to this rule.

VIII. Congressional Review Act The Congressional Review Act, 5 U. S. C. 801et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this rule and other required information to the U. S. Senate, the U. S. House of Representatives, and the Comptroller General of the United States prior to publication of this final rule in the Federal Register. This final rule is not a `` major rule'' as defined by 5 U. S. C. 804( 2). List of Subjects in 40 CFR Part 180 Environmental protection, Administrative practice and procedure, Agricultural commodities, Pesticides and pests, Reporting and recordkeeping requirements.

Dated: July 31, 2003. Debra Edwards, Director, Registration Division, Office of Pesticide Programs.

 Therefore, 40 CFR chapter I is amended as follows:

PART 180   [ AMENDED]

 1. The authority citation for part 180 continues to read as follows:

Authority: 21 U. S. C. 321( q), 346( a) and 371.

 2. Section 180.548 is amended by revising the table to paragraph ( a) to read as follows:

§ 180.548 Tralkoxydim; tolerances for residues.

( a) * * *

Commodity Parts per million Expiration/ revocation date Barley, grain ..... 0.02 5/ 1/ 05 Barley, hay ........ 0.02 5/ 1/ 05 Barley, straw ..... 0.05 5/ 1/ 05 Wheat, forage 0.05 5/ 1/ 05 Wheat, grain ..... 0.02 5/ 1/ 05 Wheat, hay ....... 0.02 5/ 1/ 05 Wheat, straw ..... 0.05 5/ 1/ 05 * * * * *

[ FR Doc. 03   20433 Filed 8   12   03; 8: 45 am]

BILLING CODE 6560   50   S ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 [ OPP   2003   0251; FRL   7319   5]

Hydramethylnon; Pesticide Tolerance AGENCY: Environmental Protection Agency ( EPA). ACTION: Final rule.

SUMMARY: This regulation establishes a tolerance for residues of hydramethylnon in or on pineapple. BASF requested this tolerance under the Federal Food, Drug, and Cosmetic Act ( FFDCA), as amended by the Food Quality Protection Act of 1996 ( FQPA). DATES: This regulation is effective August 13, 2003. Objections and requests for hearings, identified by docket ID number OPP   2003   0251, must be received on or before October 14, 2003.

VerDate jul< 14> 2003 15: 39 Aug 12, 2003 Jkt 200001 PO 00000 Frm 00052 Fmt 4700 Sfmt 4700 E:\ FR\ FM\ 13AUR1. SGM 13AUR1


[Federal Register Volume 83, Number 180 (Monday, September 17, 2018)]
[Rules and Regulations]
[Pages 46857-46859]
[FR Doc No: 2018-19756]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0552; Product Identifier 2018-NM-049-AD; Amendment
39-19402; AD 2018-19-02]
RIN 2120-AA64

Airworthiness Directives; Airbus Defense and Space S.A. (Formerly
Known as Construcciones Aeronauticas, S.A. (CASA)) Airplanes

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

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Airbus Defense and Space S.A. Model C-212-CB, C-212-CC, C-212-CD, C-
212-CE, and C-212-DF airplanes. This AD was prompted by reports of
failures of the rudder pedal control system support. This AD requires
repetitive detailed visual inspections of the rudder pedal control
system support box and shaft and applicable corrective actions. We are
issuing this AD to address the unsafe condition on these products.

DATES: This AD is effective October 22, 2018.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of October 22,
2018.

ADDRESSES: For service information identified in this final rule,
contact Airbus Defense and Space, Services/Engineering support, Avenida
de Arag[oacute]n 404, 28022 Madrid, Spain; phone: +34 91 585 55 84;
fax: +34 91 585 31 27; email: [email protected].
You may view this service information at the FAA, Transport Standards
Branch, 2200 South 216th St., Des Moines, WA. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>. It is also
available on the internet at http://www.regulations.gov by searching
for and locating Docket No. FAA-2018-0552.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0552; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, the regulatory evaluation, any comments received, and
other information. The address for Docket Operations (phone: 800-647-
5527) is U.S. Department of Transportation, Docket Operations, M-30,
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE,
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Shahram Daneshmandi, Aerospace
Engineer, International Section, Transport Standards Branch, FAA, 2200
South 216th St., Des Moines, WA 98198; phone and fax:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to certain Airbus Defense and
Space S.A. Model C-212-CB, C-212-CC, C-212-CD, C-212-CE, and C-212-DF
airplanes. The NPRM published in the Federal Register on June 25, 2018
(83 FR 29476). The NPRM was prompted by reports of failures of the
rudder pedal control system support. The NPRM proposed to require
repetitive detailed visual inspections of the rudder pedal control
system support box and shaft and applicable corrective actions.
    We are issuing this AD to address failure of the rudder pedal
control system, which could result in reduced controllability of the
airplane.
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA AD
2018-0051, dated March 2, 2018 (referred to after this as the Mandatory
Continuing Airworthiness Information, or ``the MCAI''), to correct an
unsafe condition for certain Airbus Defense and Space S.A. Model C-212-
CB, C-212-CC, C-212-CD, C-212-CE, and C-212-DF airplanes. The MCAI
states:

    Failures were reported of the rudder pedal control system
support on CASA C-212 aeroplanes. Subsequent investigation revealed
that the welding area of the affected support structure had broken.
    This condition, if not corrected, could lead to failure of the
rudder [pedal] control system, possibly resulting in reduced control
of the aeroplane.
    To address this potential unsafe condition, EADS-CASA issued the
SB [EADS-CASA Service Bulletin SB-212-27-0057, dated May 21, 2014]
to provide modification instructions and EASA issued AD 2017-0036
[which corresponds to FAA AD 2017-19-08, Amendment 39-19038 (82 FR
43835, September 20 2017) (``AD 2017-19-08'')] to require that
modification [of the rudder pedal adjustment system]. During
accomplishment of that modification, several operators reported
difficulties or impossibility to follow the accomplishment
instruction. Consequently, EASA and Airbus D&S [Defense and Space
S.A.] reviewed the difficulty reports and decided that the
modification instructions have to be improved.
    Pending the improvement of the instructions of the SB [EADS-CASA
Service Bulletin SB-212-27-0057, dated May 21, 2014] and in order to
reduce the risk of failure of the [rudder] pedal adjustment system
to an acceptable level, Airbus D&S issued the inspection AOT [Airbus
Alert Operators Transmission AOT-C212-27-0002, dated February 28,
2018] to provide instructions to repetitively inspect the affected
parts [rudder pedal support box Part Number (P/N) 212-46195.1 and
shaft P/N 212-46120-20].
    For the reasons described above, this [EASA] AD cancels the
requirements of EASA AD 2017-0036, which is superseded, and requires
repetitive [detailed visual] inspections of the rudder pedal
adjustment system [rudder pedal support box P/N 212-46195.1 and
shaft P/N 212-46120-20] and, depending on findings, accomplishment
of applicable corrective action(s).
    This [EASA] AD is considered to be an interim action and further
[EASA] AD action may follow.

    Corrective actions include obtaining corrective actions approved by
the

Manager, International Section, Transport Standards Branch, FAA; or
EASA; or Airbus Defense and Space S.A.'s EASA Design Organization
Approval (DOA); and accomplishing the corrective actions within the
compliance time specified therein. You may examine the MCAI in the AD
docket on the internet at http://www.regulations.gov by searching for
and locating Docket No. FAA-2018-0552.

Comments

    We gave the public the opportunity to participate in developing
this final rule. We received no comments on the NPRM or on the
determination of the cost to the public.

Conclusion

    We reviewed the relevant data and determined that air safety and
the public interest require adopting this final rule as proposed,
except for minor editorial changes. We have determined that these minor
changes:
     Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    Airbus Defense and Space S.A. has issued Airbus Alert Operators
Transmission AOT-C212-27-0002, dated February 28, 2018. This service
information describes procedures for repetitive detailed visual
inspections of the rudder pedal control system support box and shaft.
This service information is reasonably available because the interested
parties have access to it through their normal course of business or by
the means identified in the ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 36 airplanes of U.S. registry. We
estimate the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
              Labor cost                  Parts cost         Cost per product          Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Up to 8 work[dash]hours x $85 per hour              $0  Up to $680...............  Up to $24,480.
 = Up to $680.
----------------------------------------------------------------------------------------------------------------

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

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2018-19-02 Airbus Defense and Space S.A. (Formerly Known as
Construcciones Aeronauticas, S.A. (CASA)): Amendment 39-19402;
Docket No. FAA-2018-0552; Product Identifier 2018-NM-049-AD.

(a) Effective Date

    This AD is effective October 22, 2018.

(b) Affected ADs

    This AD affects AD 2017-19-08, Amendment 39-19038 (82 FR 43835,
September 20 2017) (``AD 2017-19-08'').

(c) Applicability

    This AD applies to Airbus Defense and Space S.A. Model C-212-CB,
C-212-CC, C-212-CD, C-212-CE, and C-212-DF airplanes; manufacturer
serial numbers 009, 034, 039, 089, 092, 119, 125, 133, 138, 149,
150, 154, 159, 161, 162, 164, 165, 167 through 169 inclusive, 171,
172, 174, 175, 178, 180, 181, 190, 192, 193, 195, 209 through 212
inclusive, 214 through 216 inclusive, 219 through 222 inclusive, 224
through 227 inclusive, 229, 235, 236, 238, 240, 242, 247 through 257
inclusive, 261 through 263 inclusive, 265, 272 through 282
inclusive, 286, 287, 289 through 292 inclusive, 294, 308, 311, 320,
322 through 324 inclusive, 328, 332, 336, 343, 347 through 349
inclusive, 356, 359, 363, 371, 379, 393, 397,

398, 405, 410, 411, 413, 465, 470, 472, 474, 475, 478, and 480
through 482 inclusive; certificated in any category; except
airplanes modified in accordance with the Accomplishment
Instructions of EADS-CASA Service Bulletin SB-212-27-0057, dated May
21, 2014.

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight
controls.

(e) Reason

    This AD was prompted by reports of failures of the rudder pedal
control system support. We are issuing this AD to address failure of
the rudder pedal control system, which could result in reduced
controllability of the airplane.

(f) Compliance

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

(g) Definitions

    (1) For the purposes of this AD, an affected part is defined as
a rudder pedal support box having Part Number (P/N) 212-46195.1 and
shaft P/N 212-46120-20.
    (2) For the purposes of this AD, a discrepancy or defect of the
rudder pedal support box P/N 212-46195.1 is defined as any crack or
deformation on any welded area.
    (3) For the purposes of this AD, a discrepancy or defect of the
shaft P/N 212-46120-20 is defined as any crack or deformation.

(h) Repetitive Detailed Visual Inspections

    Within 3 months or during the next scheduled A-check
maintenance, whichever occurs first after the effective date of this
AD, and thereafter, at intervals not to exceed 150 flight hours, do
a detailed visual inspection of each affected part in accordance
with the instructions of Airbus Alert Operators Transmission AOT-
C212-27-0002, dated February 28, 2018.

(i) Corrective Action for Any Discrepancy or Defect

    If any discrepancy or defect is detected during any inspection
required by paragraph (h) of this AD: Before further flight, obtain
corrective actions approved by the Manager, International Section,
Transport Standards Branch, FAA; or the European Aviation Safety
Agency (EASA); or Airbus Defense and Space S.A.'s EASA Design
Organization Approval (DOA); and accomplish the corrective actions
within the compliance time specified therein. If approved by the
DOA, the approval must include the DOA-authorized signature.
Accomplishment of a repair, as required by this paragraph, does not
constitute terminating action for the repetitive inspections
required by paragraph (h) of this AD.

(j) Parts Installation Limitation

    As of the effective date of this AD, an affected part may be
installed on any airplane provided that it is a new part or that,
before installation, the visual inspection required by paragraph (h)
of this AD has been accomplished on that part and the part passed
the inspection (no discrepancy or defect detected), as required by
paragraph (h) of this AD.

(k) Terminating Action for AD 2017-19-08

    Accomplishing the actions required by this AD terminates all of
the requirements of AD 2017-19-08.

(l) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Section, Transport Standards Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Section, send it to the attention of
the person identified in paragraph (m)(2) of this AD. Information
may be emailed to: [email protected]. Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the local flight
standards district office/certificate holding district office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, International
Section, Transport Standards Branch, FAA; or EASA; or Airbus Defense
and Space S.A.'s EASA DOA. If approved by the DOA, the approval must
include the DOA-authorized signature.

(m) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA AD 2018-0051, dated March 2, 2018, for related
information. This MCAI may be found in the AD docket on the internet
at http://www.regulations.gov by searching for and locating Docket
No. FAA-2018-0552.
    (2) For more information about this AD, contact Shahram
Daneshmandi, Aerospace Engineer, International Section, Transport
Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198;
phone and fax:<PHONE_NUMBER>.

(n) 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 this AD specifies otherwise.
    (i) Airbus Alert Operators Transmission AOT-C212-27-0002, dated
February 28, 2018.
    (ii) Reserved.
    (3) For service information identified in this AD, contact
Airbus Defense and Space, Services/Engineering support, Avenida de
Arag[oacute]n 404, 28022 Madrid, Spain; phone: +34 91 585 55 84;
fax: +34 91 585 31 27; email:
[email protected].
    (4) You may view this service information at the FAA, Transport
Standards Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call
206-231-3195.
    (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 Des Moines, Washington, on August 30, 2018.
Jeffrey E. Duven,
Director, System Oversight Division, Aircraft Certification Service.
[FR Doc. 2018-19756 Filed 9-14-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 91 (Thursday, May 10, 2018)]
[Notices]
[Pages 21771-21772]
[FR Doc No: 2018-09963]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CD18-7-000]

Davis and Weber Counties Canal Company; Notice of Preliminary
Determination of a Qualifying Conduit Hydropower Facility and
Soliciting Comments and Motions To Intervene

    On April 27, 2018, Davis and Weber Counties Canal Company filed a
notice of intent to construct a qualifying conduit hydropower facility,
pursuant to section 30 of the Federal Power Act (FPA), as amended by
section 4 of the Hydropower Regulatory Efficiency Act of 2013 (HREA).
The proposed Canal Station 603+00 Micro-hydropower Project would have
an installed capacity up to 8 kilowatts (kW), and would be located
along the four-foot wide by six-foot long section of the open
irrigation canal. The project would be located near the Town of Sunset
in Davis County, Utah.
    Applicant Contact: Richard Smith, General Manager, Davis and Weber
Counties Canal Company, 138 West 1300 North, Sunset, UT 84015; Phone
No.<PHONE_NUMBER>.
    FERC Contact: Robert Bell, Phone No.<PHONE_NUMBER>; Email:
[email protected].
    Qualifying Conduit Hydropower Facility Description: The proposed
project would consist of: (1) Two new generating units plus two future
units, approximately four-foot wide by six-foot long, placed in an open
channel of the Davis & Weber Canal with a total generating capacity of
up to 8 kW; and (2) appurtenant facilities. The proposed project would
have an estimated annual generation of 17.5 megawatt-hours, and may
include two additional units in the future.
    A qualifying conduit hydropower facility is one that is determined
or deemed to meet all of the criteria shown in the table below.

      Table 1--Criteria for Qualifying Conduit Hydropower Facility
------------------------------------------------------------------------
                                                            Satisfies (Y/
       Statutory provision               Description             N)
------------------------------------------------------------------------
FPA 30(a)(3)(A), as amended by    The conduit the facility            Y
 HREA.                             uses is a tunnel,
                                   canal, pipeline,
                                   aqueduct, flume, ditch,
                                   or similar manmade
                                   water conveyance that
                                   is operated for the
                                   distribution of water
                                   for agricultural,
                                   municipal, or
                                   industrial consumption
                                   and not primarily for
                                   the generation of
                                   electricity.
FPA 30(a)(3)(C)(i), as amended    The facility is                     Y
 by HREA.                          constructed, operated,
                                   or maintained for the
                                   generation of electric
                                   power and uses for such
                                   generation only the
                                   hydroelectric potential
                                   of a non-federally
                                   owned conduit.
FPA 30(a)(3)(C)(ii), as amended   The facility has an                 Y
 by HREA.                          installed capacity that
                                   does not exceed 5
                                   megawatts.
FPA 30(a)(3)(C)(iii), as amended  On or before August 9,              Y
 by HREA.                          2013, the facility is
                                   not licensed, or
                                   exempted from the
                                   licensing requirements
                                   of Part I of the FPA.
------------------------------------------------------------------------

    Preliminary Determination: The proposed hydroelectric project will
utilize the Davis and Weber Canal, the primary purpose of which is to
deliver agricultural and irrigation water to Davis and Weber counties.
The addition of the Canal Station 603+00 Micro-hydropower Project will
not alter the conduit's primary purpose. Therefore, based upon the
above criteria, Commission staff preliminarily determines that the
proposal satisfies the requirements for a qualifying conduit hydropower
facility, which is not required to be licensed or exempted from
licensing.
    Comments and Motions to Intervene: Deadline for filing comments
contesting whether the facility meets the qualifying criteria is 45
days from the issuance date of this notice.
    Deadline for filing motions to intervene is 30 days from the
issuance date of this notice.
    Anyone may submit comments or a motion to intervene in accordance
with the requirements of Rules of Practice and Procedure, 18 CFR
385.210 and 385.214. Any motions to intervene must be received on or
before the specified deadline date for the particular proceeding.
    Filing and Service of Responsive Documents: All filings must (1)
bear in all capital letters the ``COMMENTS CONTESTING QUALIFICATION FOR
A CONDUIT HYDROPOWER FACILITY'' or ``MOTION TO INTERVENE,'' as
applicable; (2) state in the heading the name of the applicant and the
project number of the application to which the filing responds; (3)
state the name, address, and telephone number of the person filing; and
(4) otherwise comply with the requirements of sections 385.2001 through
385.2005 of the

Commission's regulations.\1\ All comments contesting Commission staff's
preliminary determination that the facility meets the qualifying
criteria must set forth their evidentiary basis.
---------------------------------------------------------------------------

    \1\ 18 CFR 385.2001-2005 (2017).
---------------------------------------------------------------------------

    The Commission strongly encourages electronic filing. Please file
motions to intervene and comments using the Commission's eFiling system
at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit
brief comments up to 6,000 characters, without prior registration,
using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information at the
end of your comments. For assistance, please contact FERC Online
Support at [email protected],<PHONE_NUMBER> (toll free), or
(202) 502-8659 (TTY). In lieu of electronic filing, please send a paper
copy to: Secretary, Federal Energy Regulatory Commission, 888 First
Street NE, Washington, DC 20426. A copy of all other filings in
reference to this application must be accompanied by proof of service
on all persons listed in the service list prepared by the Commission in
this proceeding, in accordance with 18 CFR 4.34(b) and 385.2010.
    Locations of Notice of Intent: Copies of the notice of intent can
be obtained directly from the applicant or such copies can be viewed
and reproduced at the Commission in its Public Reference Room, Room 2A,
888 First Street NE, Washington, DC 20426. The filing may also be
viewed on the web at http://www.ferc.gov/docs-filing/elibrary.asp using
the ``eLibrary'' link. Enter the docket number (i.e., CD18-7) in the
docket number field to access the document. For assistance, call toll-
free 1-866-208-3676 or email [email protected]. For TTY, call
(202) 502-8659.

    Dated: May 4, 2018.
Kimberly D. Bose,
Secretary.
[FR Doc. 2018-09963 Filed 5-9-18; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: November 24, 2010 (Volume 75, Number 226)]
[Notices]
[Page 71770-71771]
[DOCID:fr24no10-140]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-63332; File No. SR-NASDAQ-2010-146]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Regarding a Clerical Change to Nasdaq Rules

November 17, 2010.
    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 10, 2010, The NASDAQ Stock Market LLC (``Nasdaq'') filed
with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I, II, and III below, which
Items have been prepared by Nasdaq. Nasdaq proposes to make a clerical
correction to the Nasdaq rulebook under Rule 19b-4(f)(3) under the
Act,\3\ which renders the proposal effective upon filing with the
Commission. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 17 CFR 240.19b-4(f)(3).
---------------------------------------------------------------------------

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

    Nasdaq proposes to make clerical corrections to the Nasdaq
rulebook. Nasdaq proposes to implement the proposed rule change
immediately.
    The text of the proposed rule change is available on Nasdaq's Web
site  http://nasdaq.cchwallstreet.com, at Nasdaq's principal office,
and at the Commission's Public Reference Room.
    Proposed new language is in italics; proposed deletions are in
brackets.\4\
---------------------------------------------------------------------------

    \4\ Changes are marked to the rule text that appears in the
electronic manual of Nasdaq found at  http://
nasdaq.cchwallstreet.com/.
---------------------------------------------------------------------------

* * * * *

7026. Distribution Models

    (a)-(b) No Change.
    (c) [(d)] Reserved

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

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

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

1. Purpose
    Nasdaq proposes to make a clerical correction to the Nasdaq
rulebook. Specifically, Nasdaq proposes to change Nasdaq Rule 7026(d)
to Nasdaq Rule 7026(c). Nasdaq is making this change due to an
inadvertent clerical error in the original filing, which listed the
final subparagraph of Nasdaq Rule 7026 as (d) rather than correctly as
subparagraph (c). Nasdaq is making no other changes to Nasdaq Rule
7026.
2. Statutory Basis
    Nasdaq believes that the proposed rule change is consistent with
the provisions of Section 6 of the Act,\5\ in

general, and with Section 6(b)(5) of the Act,\6\ in particular, in that
the proposal is 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 securities, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and, in general, to protect investors and the public interest.
The proposed rule change makes a minor clerical change to an existing
Nasdaq rule.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f.
    \6\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

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

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

    Written comments were neither solicited nor received.

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

    Pursuant to Section 19(b)(3)(A) of the Act \7\ and Rule 19b-4(f)(3)
thereunder,\8\ Nasdaq has designated this proposal as one that is
concerned solely with the administration of the self-regulatory
organization. Accordingly, Nasdaq believes that its proposal should
become immediately effective.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 17 CFR 240.19b-4(f)(3).
---------------------------------------------------------------------------

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2010-146 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASDAQ-2010-146. 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 Web site
viewing and printing in the Commission's Public Reference Room, 100 F
Street, NE., Washington, DC 20549, on official business days between
the hours of 10 a.m. and 3 p.m. Copies of the filing also will be
available for inspection and copying at the principal office of the
Exchange. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-
NASDAQ-2010-146 and should be submitted on or before December 15, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
---------------------------------------------------------------------------

    \9\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-29612 Filed 11-23-10; 8:45 am]
BILLING CODE 8011-01-P