[Federal Register Volume 82, Number 89 (Wednesday, May 10, 2017)]
[Notices]
[Pages 21813-21814]
[FR Doc No: 2017-09448]

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ENVIRONMENTAL PROTECTION AGENCY

[9956-77-OEI]

Cross-Media Electronic Reporting: Authorized Program Revision
Approval, State of Vermont

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces EPA's approval of the State of Vermont's
request to revise its National Primary Drinking Water Regulations
Implementation EPA-authorized program to allow electronic reporting.

DATES: EPA's approval is effective June 9, 2017 for the State of
Vermont's National Primary Drinking Water Regulations Implementation
program, if no timely request for a public hearing is received and
accepted by the Agency.

FOR FURTHER INFORMATION CONTACT: Karen Seeh, U.S. Environmental
Protection Agency, Office of Environmental Information, Mail Stop
2823T, 1200 Pennsylvania Avenue NW., Washington, DC 20460, (202) 566-
1175<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: On October 13, 2005, the final Cross-Media
Electronic Reporting Rule (CROMERR) was published in the Federal
Register (70 FR 59848) and codified as part 3 of title 40 of the CFR.
CROMERR establishes electronic reporting as an acceptable regulatory
alternative to paper reporting and establishes requirements to assure
that electronic documents are as legally dependable as their paper
counterparts. Subpart D of CROMERR requires that state, tribal or local
government agencies that receive, or wish to begin receiving,
electronic reports under their EPA-authorized programs must apply to
EPA for a revision or modification of those programs and obtain EPA
approval. Subpart D provides standards for such approvals based on
consideration of the electronic document receiving systems that the
state, tribe, or local government will use to implement the electronic
reporting. Additionally, Sec.  3.1000(b) through (e) of 40 CFR part 3,
subpart D provides special procedures for program revisions and
modifications to allow electronic reporting, to be used at the option
of the state, tribe or local government in place of procedures
available under existing program-specific authorization regulations. An
application submitted under the subpart D procedures must show that the
state, tribe or local government has sufficient legal authority to
implement the electronic reporting components of the programs covered
by the application and will use electronic document receiving systems
that meet the applicable subpart D requirements.
    On March 24, 2017, the Vermont Department of Environmental
Conservation (VT DEC) submitted an application titled Compliance
Monitoring Data Portal (CMDP) for

revision to its EPA-approved drinking water program under title 40 CFR
to allow new electronic reporting. EPA reviewed VT DEC's request to
revise its EPA-authorized program and, based on this review, EPA
determined that the application met the standards for approval of
authorized program revision set out in 40 CFR part 3, subpart D. In
accordance with 40 CFR 3.1000(d), this notice of EPA's decision to
approve Vermont's request to revise its Part 142 --National Primary
Drinking Water Regulations Implementation program to allow electronic
reporting under 40 CFR part 141 is being published in the Federal
Register.
    VT DEC was notified of EPA's determination to approve its
application with respect to the authorized program listed above.
    Also, in today's notice, EPA is informing interested persons that
they may request a public hearing on EPA's action to approve the State
of Vermont's request to revise its authorized public water system
program under 40 CFR part 142, in accordance with 40 CFR 3.1000(f).
Requests for a hearing must be submitted to EPA within 30 days of
publication of today's Federal Register notice. Such requests should
include the following information:
    (1) The name, address and telephone number of the individual,
organization or other entity requesting a hearing;
    (2) A brief statement of the requesting person's interest in EPA's
determination, a brief explanation as to why EPA should hold a hearing,
and any other information that the requesting person wants EPA to
consider when determining whether to grant the request;
    (3) The signature of the individual making the request, or, if the
request is made on behalf of an organization or other entity, the
signature of a responsible official of the organization or other
entity.
    In the event a hearing is requested and granted, EPA will provide
notice of the hearing in the Federal Register not less than 15 days
prior to the scheduled hearing date. Frivolous or insubstantial
requests for hearing may be denied by EPA. Following such a public
hearing, EPA will review the record of the hearing and issue an order
either affirming today's determination or rescinding such
determination. If no timely request for a hearing is received and
granted, EPA's approval of the State of Vermont's request to revise its
part 142--National Primary Drinking Water Regulations Implementation
program to allow electronic reporting will become effective 30 days
after today's notice is published, pursuant to CROMERR section
3.1000(f)(4).

Matthew Leopard,
Director, Office of Information Management.
[FR Doc. 2017-09448 Filed 5-9-17; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: August 31, 2010 (Volume 75, Number 168)]
[Notices]
[Page 53286-53287]
[DOCID:fr31au10-47]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings No. 1

August 17, 2010.
    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

    Docket Numbers: RP10-1079-000.
    Applicants: Trailblazer Pipeline Company LLC.
    Description: Trailblazer Pipeline Company LLC submits tariff filing
per 154.203: Baseline Filing to be effective 8/16/2010.
    Filed Date: 08/16/2010.
    Accession Number: 20100816-5049.
    Comment Date: 5 p.m. Eastern Time on Monday, August 30, 2010.

    Docket Numbers: RP10-1080-000.
    Applicants: T.W. Phillips Pipeline Corp.
    Description: T.W. Phillips Pipeline Corp. submits tariff filing per
154.203: TW Phillips FERC Gas Tariff to be effective 8/16/2010.
    Filed Date: 08/16/2010.
    Accession Number: 20100816-5050.
    Comment Date: 5 p.m. Eastern Time on Monday, August 30, 2010.

    Docket Numbers: RP10-1081-000.
    Applicants: Honeoye Storage Corporation.
    Description: Honeoye Storage Corporation submits First Revised
Sheet 12 et al of its FERC Gas Tariff, Original Volume 1A, to be
effective 9/15/10.
    Filed Date: 08/16/2010.
    Accession Number: 20100816-0212.
    Comment Date: 5 p.m. Eastern Time on Monday, August 30, 2010.

    Docket Numbers: RP10-1082-000.
    Applicants: Mojave Pipeline Company.
    Description: Mojave Pipeline Company submits tariff filing per
154.203: Rate Case Settlement associated with Docket No. RP07-310-000
to be effective 12/31/9998.
    Filed Date: 08/16/2010.
    Accession Number: 20100816-5115.
    Comment Date: 5 p.m. Eastern Time on Monday, August 30, 2010.

    Docket Numbers: RP10-1083-000.
    Applicants: Eastern Shore Natural Gas Company.
    Description: Eastern Shore Natural Gas Company submits tariff
filing per 154.203: Baseline Electronic Tariff Filing to be effective
8/16/2010.
    Filed Date: 08/16/2010.
    Accession Number: 20100816-5133.
    Comment Date: 5 p.m. Eastern Time on Monday, August 30, 2010.

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.

    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://
www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed dockets(s). For assistance
with any FERC Online service, please e-mail<EMAIL_ADDRESS>
or call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2010-21657 Filed 8-30-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 23 (Thursday, February 3, 2011)]
[Notices]
[Page 6170]
[FR Doc No: 2011-2502]

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SECURITIES AND EXCHANGE COMMISSION

[File No. 500-1]

Andresmin Gold Corp., Order of Suspension of Trading

February 1, 2011.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Andresmin Gold Corp. because it has not filed any periodic reports
since the period ended December 31, 2005.
    The Commission is of the opinion that the public interest and the
protection of investors require a suspension of trading in the
securities of the above-listed company.
    Therefore, it is ordered, pursuant to Section 12(k) of the
Securities Exchange Act of 1934, that trading in the securities of the
above-listed company is suspended for the period from 9:30 a.m. EST on
February 1, 2011, through 11:59 p.m. EST on February 14, 2011.

    By the Commission.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-2502 Filed 2-1-11; 4:15 pm]
BILLING CODE 8011-01-P


[Federal Register: April 13, 2009 (Volume 74, Number 69)]
[Proposed Rules]
[Page 16814]
[DOCID:fr13ap09-25]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2008-0478]
RIN 1625-AA09

Drawbridge Operation Regulation; LaLoutre Bayou, Yscloskey, LA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking; withdrawal.

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SUMMARY: The Coast Guard is withdrawing its notice of proposed
rulemaking concerning the operation of the State Route 46 (LA 46)
Bridge across LaLoutre Bayou, mile 22.9, at Yscloskey, St. Bernard
Parish, Louisiana.

DATES: The notice of proposed rulemaking is withdrawn on April 13,
2009.

ADDRESSES: The docket for this withdrawn rulemaking is available for
inspection and copying at the Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. You may also find
this docket on the Internet at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call Kay Wade, Bridge Administration Branch, telephone 504-671-
2128. If you have questions on viewing or submitting material to the
docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Background

    On June 25, 2008, we published a notice of proposed rulemaking
entitled ``Drawbridge Operation Regulation; LaLoutre Bayou, Yscloskey,
LA'' in the Federal Register (73 FR 35985). The rulemaking concerned
the modification of the operation schedule of the draw to allow for the
more efficient use of personnel by requiring a two-hour notice for
nighttime openings.

Withdrawal

    At the request of the Louisiana Department of Transportation and
Development (LDOTD), the owner of the bridge, the notice of proposed
rulemaking is being withdrawn as it has been determined that the
present schedule of operation of the bridge provides for the needs of
the public.

Authority

    This action is taken under the authority of 33 U.S.C. 499; 33 CFR
1.05-1; Department of Homeland Security Delegation No. 0170.1.

    Dated: March 26, 2009.
J.R. Whitehead,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. E9-8271 Filed 4-10-09; 8:45 am]

BILLING CODE 4910-15-P


[Federal Register Volume 76, Number 155 (Thursday, August 11, 2011)]
[Notices]
[Pages 49809-49810]
[FR Doc No: 2011-20370]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-65040; File No. SR-NASDAQ-2011-108]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Relating to the Proprietary Traders Qualification Examination (``Series
56'')

August 5, 2011.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 \2\ thereunder, notice is hereby given
that on August 1, 2011, The NASDAQ Stock Market LLC (the ``Exchange''
or ``NASDAQ'') filed with the Securities and Exchange Commission
(``SEC'' or ``Commission'') the proposed rule change as described in
Items I and II, below, which Items have been prepared by the Exchange.
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.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    NASDAQ is filing with the Commission the content outline and
selection specifications for the Proprietary Traders Qualification
Examination (``Series 56'') program.
    NASDAQ will notify its membership when the examination becomes
available.
    The text of the proposed rule change is available at http:/
nasdaq.cchwallstreet.com/, at NASDAQ's principal office, and at the
Commission's Public Reference Room.

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

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

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

1. Purpose
    Recently, NASDAQ filed a proposed rule change to recognize a new
category of limited representative registration for proprietary
traders.\3\ Specifically, NASDAQ will recognize the new registration
category ``Proprietary Trader'' and the new examination, the Series 56.
The new Proprietary Trader category would be limited to persons engaged
solely in proprietary trading.
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    \3\ See Securities Exchange Act Release No. 64958 (July 25,
2011) (SR-NASDAQ-2011-095). See also SR-NASDAQ-2011-107.
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    NASDAQ has been working with the Financial Industry Regulatory
Authority (``FINRA'') and certain other exchanges, many of which have
recently enhanced their registration requirements to require the
registration of associated persons,\4\ to develop the content outline
and qualification examination that would be applicable to proprietary
traders. The Series 56 examination program is shared by NASDAQ and the
following self-regulatory organizations (``SROs''): Boston Options
Exchange; C2 Options Exchange, Incorporated; Chicago Board Options
Exchange, Incorporated; Chicago Stock Exchange, Incorporated;
International Securities Exchange, LLC; NASDAQ OMX BX, Inc.; NASDAQ OMX
PHLX LLC; National Stock Exchange, Incorporated; New York Stock
Exchange, LLC; NYSE AMEX, Incorporated; and NYSE ARCA, Incorporated.
Upon request by the SROs referenced above, FINRA staff convened a
committee of industry representatives, NASDAQ staff and staff from the
other SROs referenced above, to develop the criteria for the Series 56
examination program. This new qualification examination, the Series 56,
was recently filed with the Commission.\5\
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    \4\ See, e.g., Securities Exchange Act Release Nos. 63843
(February 4, 2011), 76 FR 7884 (February 11, 2011) (SR-ISE-2010-
115); and 63314 (November 12, 2010), 75 FR 70957 (November 19, 2010)
(SR-CBOE-2010-084).
    \5\ One exchange has thus far filed a proposed rule change
respecting the Series 56, which has become effective. See Securities
Exchange Act Release No. 64699 (June 17, 2011), 76 FR 36945 (June
23, 2011) (SR-CBOE-2011-056).
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    The Series 56 examination tests a candidate's knowledge of
proprietary trading generally and the industry rules applicable to
trading of equity securities and listed options contracts. The Series
56 examination covers, among other things, recordkeeping and recording
requirements, types and characteristics of securities and investments,
trading practices and display execution and trading systems. While the
examination is primarily dedicated to topics related to proprietary
trading, the Series 56 examination also covers a few general concepts
relating to customers.\6\
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    \6\ Proprietary trading firms do not have customers.
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    The qualification examination consists of 100 multiple choice
questions. Candidates will have 150 minutes to complete the exam. The
content outline describes the following topical sections comprising the
examination: Personnel, Business Conduct and Recordkeeping and
Reporting Requirements, 9 questions; Markets, Market Participants,
Exchanges, and Self Regulatory Organizations, 8 questions; Types and
Characteristics of Securities and Investments, 20 questions; Trading
Practices and Prohibited Acts, 50 questions; and Display, Execution,
and Trading Systems, 13 questions. Representatives from the applicable
SROs intend to meet on a periodic basis to evaluate and, as necessary,
update, the Series 56 examination program.
    NASDAQ understands that the other applicable SROs will also file
with the Commission similar filings regarding the Series 56 examination
program. NASDAQ proposes to implement the Series 56 examination program
upon availability in WebCRD and notification to its membership.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act \7\ in general, and furthers the objectives of Section
6(c)(3)(B) of the Act,\8\ pursuant to which a national securities
exchange prescribes standards of training, experience and competence
for members and their associated persons, in particular, by offering a
new, qualification examination for

proprietary traders. This filing provides the content outline and
relevant specifications for the Series 56 examination program, which
NASDAQ believes establishes the appropriate qualifications for this new
registration category, because it tests the knowledge generally
applicable to proprietary trading.
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    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78(c)(3)(B) [sic].
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act.

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

    No written comments were either solicited or 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 \9\ and Rule 19b-4(f)(6)
\10\ thereunder, the Exchange has designated this proposal as one that
effects a change that: (i) Does not significantly affect the protection
of investors or the public interest; (ii) does not impose any
significant burden on competition; and (iii) by its terms, does not
become operative for 30 days after the date of the filing, or such
shorter time as the Commission may designate if consistent with the
protection of investors and the public interest. Rule 19b-4(f)(6) \11\
requires a self-regulatory organization to give the Commission written
notice of its intent to file the proposed rule change at least five
business days prior to the date of filing of the proposed rule change,
or such shorter time as designated by the Commission. The Exchange has
satisfied this requirement.
    Under Rule 19b-4(f)(6) of the Act,\12\ a proposal does not become
operative for 30 days after the date of its filing, or such shorter
time as the Commission may designate if consistent with the protection
of investors and the public interest. The Exchange requests that the
Commission waive the 30 day operative period for this filing so that it
may become effective and operative upon filing with the Commission
pursuant to Section 19(b)(3)(A) \13\ of the Act and subparagraph (f)(6)
thereunder. The Exchange believes waiving the 30-day operative delay is
consistent with the protection of investors and the public as a waiver
will make the examination available as soon as possible to coincide
with availability on another exchange. For the reasons stated above,
the Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest and
designates the proposal as operative upon filing.\14\
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    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(6).
    \11\ Id.
    \12\ Id.
    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ For purposes only of waiving the operative delay of this
proposal, the Commission has considered the proposed rule's impact
on efficiency, competition, and capital formation. See 15 U.S.C.
78c(f). See also 17 CFR 200.30-3(a)(59).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

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-2011-108 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-2011-108. 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 such filing also will be
available for inspection and copying at the principal office of NASDAQ.
All comments received will be posted without change; the Commission
does not edit personal identifying information from submissions. You
should submit only information that you wish to make publicly
available. All submissions should refer to File Number SR-NASDAQ-2011-
108 and should be submitted on or before September 1, 2011.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
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    \15\ 17 CFR 200.30-3(a)(12).
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Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-20370 Filed 8-10-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 45 (Thursday, March 7, 2013)]
[Proposed Rules]
[Pages 14726-14729]
[FR Doc No: 2013-05287]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-1052; Directorate Identifier 2012-CE-014-AD]
RIN 2120-AA64

Airworthiness Directives; Cessna Aircraft Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (NPRM); reopening of
comment period.

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SUMMARY: We are revising an earlier proposed airworthiness directive
(AD) for certain Cessna Aircraft Company (Cessna) Models 172R, 172S,
182S, 182T, T182T, 206H, and T206H airplanes. That NPRM proposed to
supersede an existing AD that currently requires an inspection of the
engine oil pressure switch and, if applicable, replacement with an
improved engine oil pressure switch. Since we issued the existing AD,
we have received new reports of internal failure of the improved engine
oil pressure switch, which could result in complete loss of engine oil
with consequent partial or complete loss of engine power or fire. The
NPRM proposed to increase the applicability of the AD and place a life-
limit of 3,000 hours time-in-service (TIS) on the engine oil pressure
switch, requiring replacement when the engine oil pressure switch
reaches its life limit.

This action revises that NPRM by changing the applicable serial numbers
ranges. Since these actions impose an additional burden over that
proposed in the NPRM, we are reopening the comment period to allow the
public the chance to comment on these proposed changes. We are
proposing this supplemental NPRM to correct the unsafe condition on
these products.

DATES: We must receive comments on this supplemental NPRM by April 22,
2013.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Cessna Aircraft Company, Product Support, P.O. Box 7706, Wichita,
Kansas 67277; telephone:<PHONE_NUMBER>; fax<PHONE_NUMBER>; Internet:
www.cessna.com/customer-service/technical-publications.html. You may
review copies of the referenced service information at the FAA, Small
Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. For
information on the availability of this material at the FAA, call (816)
329-4148.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Office (phone:<PHONE_NUMBER>) is in the ADDRESSES
section. Comments will be available in the AD docket shortly after
receipt.

FOR FURTHER INFORMATION CONTACT: Jeff Janusz, Sr. Propulsion Engineer,
Wichita Aircraft Certification Office, FAA, 1801 Airport Road, Wichita,
KS 67209; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2012-1052;
Directorate Identifier 2012-CE-014-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    We issued an NPRM to amend 14 CFR part 39 to include an AD that
would apply to certain Cessna Aircraft Company Models 172R, 172S, 182S,
182T, T182T, 206H, and T206H airplanes. That NPRM published in the
Federal Register on October 2, 2012 (77 FR 60062). That NPRM proposed
to supersede an existing AD that currently requires an inspection of
the engine oil pressure switch and, if applicable, replacement with an
improved engine oil pressure switch. Since we issued that AD, we
received new reports of internal failure of the improved engine oil
pressure switch, which could result in complete loss of engine oil with
consequent partial or complete loss of engine power or fire. The NPRM
proposed to increase the applicability of the existing AD and place a
life-limit of 3,000 hours time-in-service (TIS) on the engine oil
pressure switch, requiring replacement when the engine oil pressure
switch reaches its life limit.

Actions Since Previous NPRM Was Issued

    Since we issued the previous NPRM (77 FR 60062, October 2, 2012),
the serial number applicability has been changed for Cessna Aircraft
Company Models 172R, 172S, 182T, T182T, and 206H airplanes.

Comments

    We gave the public the opportunity to comment on the previous NPRM.
The following presents the comments received on the NPRM and the FAA's
response to each comment.

Stated Maintenance Activity

    Robert A. Hecht stated that he replaced the oil pressure switch on
his 2000 Cessna 206H at 1,006 hours TIS because of light oil leaking
from the case.
    The commenter is making a pronouncement about maintenance activity
on his airplane and offered no further explanation as to what his
intent was.

Request for Replacement at Next Inspection

    Stuart B. Harnden stated he believes the replacement of the oil
switch should be mandatory at the next inspection, regardless of hours
or condition of the oil pressure switch, since it cannot be predicted
when a switch may fail.
    We do not agree because we would expect to see oil pressure
switches removed from service on condition anyway at whatever TIS they
become unairworthy. The goal of the AD action is to remove all switches
with more than 3,000 hours TIS, and, if they are removed earlier for
condition, that is an acceptable maintenance practice and does not
affect this rulemaking activity.

FAA's Determination

    We are proposing this supplemental NPRM because we evaluated all
the relevant information and determined the unsafe condition described
previously is likely to exist or develop in other products of the same
type design. Certain changes described above expand the scope of the
original NPRM. As a result, we have determined that it is necessary to
reopen the comment period to provide additional opportunity for the
public to comment on this supplemental NPRM.

Proposed Requirements of the Supplemental NPRM

    This proposed AD would increase the applicability statement of the
existing AD, require an inspection of the engine oil pressure switch
and place a life limit of 3,000 hours TIS on the engine oil pressure
switch. We are proposing this AD to correct the unsafe condition on
these products.

Costs of Compliance

    We estimate that this proposed AD affects 6,156 airplanes of U.S.
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
             Action                      Labor cost              Parts cost           product        operators
----------------------------------------------------------------------------------------------------------------
Inspection of the airplane or     .5 work-hour x $85 per   Not applicable.......          $42.50        $261,630
 engine records.                   hour = $42.50.
Inspection of the engine oil      .5 work-hour x $85 per   Not applicable.......           42.50         261,630
 pressure switch installation.     hour = $42.50.
Removal and replacement of the    .5 work-hour x $85 per   $54..................           96.50         594,054
 engine oil pressure switch and    hour = $42.50.
 logbook entry.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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 airworthiness directive (AD)
2000-04-01, Amendment 39-11583 (65 FR 8649, February 22, 2000), and
adding the following new AD:

Cessna Aircraft Company: Docket No. FAA-2012-1052; Directorate
Identifier 2012-CE-014-AD.

(a) Comments Due Date

    We must receive comments by April 22, 2013.

(b) Affected ADs

    This AD supersedes AD 2000-04-01, Amendment 39-11583 (65 FR
8649, February 22, 2000).

(c) Applicability

    This AD applies to Cessna Aircraft Company Models 172R, serial
numbers (S/N) 17280001 through 17281618; 172S, S/N 172S8001 through
172S11256; 182S, S/N 18280001 through 18280944; 182T, S/N 18280945
through 18282357; T182T, S/N T18208001 through T18209089; 206H, S/N
20608001 through 20608349; and T206H, S/N T20608001 through
T20609079; certificated in any category.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 7931, Engine Oil Pressure.

(e) Unsafe Condition

    This AD was prompted by new reports of internal failure of the
improved engine oil pressure switch, which could result in complete
loss of engine oil with consequent partial or complete loss of
engine power or fire. We are issuing this AD to increase the
applicability of the AD and place a life-limit of 3,000 hours time-
in-service (TIS) on the engine oil pressure switch, requiring
replacement when the engine oil pressure switch reaches its life
limit.

(f) Compliance

    Comply with this AD within the compliance times specified,
following Cessna Service Bulletin SB 07-79-01, dated January 29,
2007, unless already done.

(g) Actions

    (1) At the next scheduled oil change, annual inspection, or 100-
hour time-in-service (TIS) inspection after the effective date of
this AD, whichever occurs later, but in no case later than 12 months
after the effective date of this AD, inspect the engine oil pressure
switch to determine if it is part-number (P/N) 77041 or P/N 83278.
    (2) If after the inspection required in paragraph (g)(1) of this
AD, P/N 77041 engine oil pressure switch is installed, before
further flight, replace the engine oil pressure switch with a new,
zero time, P/N 83278 engine oil pressure switch. Record the engine
oil pressure switch part number, date, and airplane hours TIS in the
airplane log book. The recorded engine oil pressure switch TIS will
be used as the benchmark for calculation of the 3,000 hour TIS limit
on the engine oil pressure switch.
    (3) After the effective date of this AD, do not install a P/N
77041 engine oil pressure switch on any affected airplane.
    (4) If after the inspection required in paragraph (g)(1) of this
AD it is confirmed that P/N 83278 engine oil pressure switch is
installed, through inspection of the airplane or engine logbooks
determine the TIS of the engine oil pressure switch.
    (5) If after the inspection required in paragraph (g)(1) of this
AD you cannot positively identify the hours TIS on the P/N 83278
engine oil pressure switch, before further flight, replace the
engine oil pressure switch with a new, zero time, P/N 83278 engine
oil pressure switch. Record the engine oil pressure switch part
number, date, and airplane hours in the airplane log book. The
recorded engine oil pressure switch TIS will be used as the
benchmark for calculation of the 3,000 hour TIS limit on the engine
oil pressure switch.
    (6) When the engine oil pressure switch is at or greater than
3,000 hours TIS or within 50 hours TIS after the effective date of
this AD, whichever occurs later, and repetitively thereafter at
intervals not to exceed 3,000

hours TIS on the P/N 83278 engine oil pressure switch, replace it
with a new, zero time, P/N 83278 engine oil pressure switch. Record
the engine oil pressure switch part number, date, and airplane hours
in the airplane log book. The recorded engine oil pressure switch
TIS will be used as the benchmark for calculation of the 3,000 hour
TIS limit on the engine oil pressure switch.

(h) Alternative Methods of Compliance (AMOCs)

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

(i) Related Information

    (1) For more information about this AD, contact Jeff Janusz, Sr.
Propulsion Engineer, Wichita ACO, FAA, 1801 Airport Road, Wichita,
KS 67209 phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (2) For service information identified in this AD, contact
Cessna Aircraft Company, Product Support, P.O. Box 7706, Wichita,
Kansas 67277; telephone:<PHONE_NUMBER>; fax<PHONE_NUMBER>;
Internet: www.cessna.com/customer-service/technical-publications.html html. You may review copies of the referenced service information at
the FAA, Small Airplane Directorate, 901 Locust, Kansas City,
Missouri 64106. For information on the availability of this material
at the FAA, call<PHONE_NUMBER>.

    Issued in Kansas City, Missouri, on February 27, 2013.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2013-05287 Filed 3-6-13; 8:45 am]
BILLING CODE 4910-13-P


Tom Austin < TAustin@ sierraresearch. com> Transmission Date: 01/ 28/ 2005 02: 34: 41 PM To: Alan Stout/ AA/ USEPA/ US@ EPA cc: " Pamela Amette ( E mail)" < pamette@ mic. org> Subject: ATV Engine Power Hello Alan:

As you requested during our recent conference call, I am providing a table showing the rated speeds for the ATV engines involved in the test procedure development program running at SwRI ( see attached file ATV_ Rated_ Vac. doc). My recollection was pretty close; all but one of the engines has a rated speed in the range of 6500 to 7000 rpm. One engine is rated at 5250 rpm. Note also that the table shows the approximate manifold vacuum ( in inches of mercury) for each engine at idle, wide open throttle ( i. e., " min"), and closed throttle decel ( i. e., " max").

I've also attached an Excel file showing the distribution of engine speed and load during field testing and during the chassis dynamometer testing. During the field testing, only 1% of the time was spent at loads in excess of 50% of full load. As you will be able to see, the most frequent operating modes were in the range of 0 to 35% of full load.

As the distribution for the chassis dynamometer testing shows, less than 0.1% of the time was spent at loads in excess of 50% of full load. The most frequent operating modes were in the range of 0 to 25% of full load. As I mentioned during our telephone conversation, the maximum percent of rated power for any single vehicle was 52% under these test conditions. That is the basis for MIC's request to adjust the 30 kW threshold to 60 kW if the definition of maximum engine power is changed to manufacturers rated power or maximum power at rated speed.

I know there is concern about opening up the ATV category to too many more engines; however, the ORUV definition only applies to vehicles designed for use over " rough terrain."

Let me know if you have any questions regarding the attachments or this email.

Regards, Tom Austin Rated Speeds and Typical Vacuum Readings During Idle and Aggressive Riding rpm/ inches of Mercury vacuum Rated Speed Idle Min Max Polaris Sportsman 500 6500 11 0.5 21 Polaris Ranger 5250 12 1.3 22 Honda Rubicon 6500 8.5 0.2 17 Honda Rancher 6500 10 0.0 19 Honda Sportstrax 7000 11 0.2 20 Kawasaki Prairie 6500 9 0.6 19 Kawasaki Bayou 250 7000 10 0.0 18 Yamaha Big Bear 400 6500 10 0.8 20 Yamaha Raptor 660 6500 8 0.7 18 Suzuki QuadSport 7000 12 0.6 21


[Federal Register Volume 81, Number 140 (Thursday, July 21, 2016)]
[Notices]
[Pages 47438-47440]
[FR Doc No: 2016-17241]

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

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2006-0040]

SGS North America, Inc.: Applications for Expansion of
Recognition

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Notice.

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

SUMMARY: In this notice, OSHA announces the applications of SGS North
America, Inc. for expansion of its scope of recognition as a Nationally
Recognized Testing Laboratory (NRTL) and presents the Agency's
preliminary finding to grant the applications.

DATES: Submit comments, information, and documents in response to this
notice, or requests for an extension of time to make a submission, on
or before August 5, 2016.

ADDRESSES: Submit comments by any of the following methods:
    1. Electronically: Submit comments and attachments electronically
at http://www.regulations.gov, which is the Federal eRulemaking Portal.
Follow the instructions online for making electronic submissions.
    2. Facsimile: If submissions, including attachments, are not longer
than 10 pages, commenters may fax them to the OSHA Docket Office at
(202) 693-1648.
    3. Regular or express mail, hand delivery, or messenger (courier)
service: Submit comments, requests, and any attachments to the OSHA
Docket Office, Docket No. OSHA-2006-0040, Technical Data Center, U.S.
Department of Labor, 200 Constitution Avenue NW., Room N-2625,
Washington, DC 20210; telephone:<PHONE_NUMBER> (TTY number: (877) 889-
5627). Note that security procedures may result in significant delays
in receiving comments and other written materials by regular mail.
Contact the OSHA Docket Office for information about security
procedures concerning delivery of materials by express mail, hand
delivery, or messenger service. The hours of operation for the OSHA
Docket Office are 8:15 a.m.--4:45 p.m., e.t.
    4. Instructions: All submissions must include the Agency name and
the OSHA docket number OSHA-2006-0040. OSHA places comments and other
materials, including any personal information, in the public docket
without revision, and these materials will be available online at
http://www.regulations.gov. Therefore, the Agency cautions commenters
about submitting statements they do not want made available to the
public, or submitting comments that contain personal information
(either about themselves or others) such as Social Security numbers,
birth dates, and medical data.
    5. Docket: To read or download submissions or other material in the
docket, go to http://www.regulations.gov or the OSHA Docket Office at
the address above. All documents in the docket are listed in the http://www.regulations.gov index; however, some information (e.g.,
copyrighted material) is not publicly available to read or download
through the Web site. All submissions, including copyrighted material,
are available for inspection at the OSHA Docket Office. Contact the
OSHA Docket Office for assistance in locating docket submissions.
    6. Extension of comment period: Submit requests for an extension of
the comment period on or before August 5, 2016 to the Office of
Technical Programs and Coordination Activities, Directorate of
Technical Support and Emergency Management, Occupational Safety and
Health Administration, U.S. Department of Labor, 200 Constitution
Avenue NW., Room N-3655,

Washington, DC 20210, or by fax to<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Information regarding this notice is
available from the following sources:
    Press inquiries: Contact Mr. Frank Meilinger, Director, OSHA Office
of Communications, U.S. Department of Labor, 200 Constitution Avenue
NW., Room N-3647, Washington, DC 20210; telephone:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>    General and technical information: Contact Mr. Kevin Robinson,
Director, Office of Technical Programs and Coordination Activities,
Directorate of Technical Support and Emergency Management, Occupational
Safety and Health Administration, U.S. Department of Labor, 200
Constitution Avenue NW., Room N-3655, Washington, DC 20210; phone:
(202) 693-2110 or email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Notice of the Applications for Expansion

    The Occupational Safety and Health Administration is providing
notice that SGS North America, Inc. (SGS), is applying for expansion of
its current recognition as an NRTL. SGS requests the addition of three
(3) recognized testing and certification sites and thirty-nine (39)
additional test standards to its NRTL scope of recognition.
    OSHA recognition of an NRTL signifies that the organization meets
the requirements specified in 29 CFR 1910.7. Recognition is an
acknowledgment that the organization can perform independent safety
testing and certification of the specific products covered within its
scope of recognition and is not a delegation or grant of government
authority. Recognition enables employers to use products approved by
the NRTL to meet OSHA standards that require product testing and
certification.
    The Agency processes applications by an NRTL for initial
recognition and for an expansion or renewal of this recognition,
following requirements in Appendix A to 29 CFR 1910.7. This appendix
requires that the Agency publish two notices in the Federal Register in
processing an application. In the first notice, OSHA announces the
application and provides its preliminary finding. In the second notice,
the Agency provides its final decision on the application. These
notices set forth the NRTL's scope of recognition or modifications of
that scope. OSHA maintains an informational Web page for each NRTL,
including SGS, which details the NRTL's scope of recognition. These
pages are available from the OSHA Web site at http://www.osha.gov/dts/otpca/nrtl/index.html.
    Each NRTL's scope of recognition includes: (1) The type of products
the NRTL may test, with each type specified by its applicable test
standard; and (2) the recognized site(s) that has/have the technical
capability to perform the product testing and product-certification
activities for test standards within the NRTL's scope.
    SGS currently has six facilities (sites) recognized by OSHA for
product testing and certification, with its headquarters located at:
SGS North America, Inc. 620 Old Peachtree Road, Suwanee, Georgia 30024.
A complete list of SGS sites recognized by OSHA is available at https://www.osha.gov/dts/otpca/nrtl/sgs.html.

II. General Background on the Applications

    SGS submitted four applications, two dated September 24, 2014
(OSHA-2006-0040-0025), and two dated October 1, 2014 (OSHA-2006-0040-
0026 and OSHA-2006-0040-0028), to expand its recognition to include the
addition of three recognized testing and certification sites located
at: SGS Tecnos S.A., C/. Trespaderne 29, Edificio Barajas 1, 28042
Madrid--Spain; SGS Fimko, Ltd., Sarkiniementie 3, FI-00210 Helsinki,
Finland; and SGS Baseefa Limited, Rockhead Business Park, Staden Lane,
Buxton SK17 9RZ, United Kingdom. Amendments to the October 1, 2014,
applications were received on January 14, 2015 (OSHA-2006-0040-0027),
and June 16, 2016 (OSHA-2006-0040-0029). These applications requested
the addition of 49 additional test standards to SGS's scope of
recognition, in addition to the three testing and certification sites.
OSHA staff performed detailed analysis of the application packets and
on-site reviews of SGS's testing facilities on August 5, 2015, at SGS
Madrid, August 13, 2015, at SGS-Baseefa and August 17, 2015, at SGS-
Fimko, in which the assessors found some nonconformances with the
requirements of 29 CFR 1910.7. SGS addressed these issues sufficiently,
and OSHA staff preliminarily determined that OSHA should grant the
applications to expand SGS's recognition to include the three
additional recognized testing sites and 39 of the 49 requested
standards.
    Table 1 below lists the appropriate test standards found in SGS's
applications for expansion for testing and certification of products
under the NRTL Program.

  Table 1--Proposed List of Appropriate Test Standards for Inclusion in
                     SGS's NRTL Scope of Recognition
------------------------------------------------------------------------
           Test standard                     Test standard title
------------------------------------------------------------------------
UL 1741...........................  Inverters, Converters, Controllers
                                     and Interconnection System
                                     Equipment for Use in Distributed
                                     Energy Resources.
UL 6142...........................  Small Wind Turbine Systems.
UL 763............................  Motor-Operated Commercial Food
                                     Preparing Machines.
UL 775............................  Graphic Arts Equipment.
UL 1004-1.........................  Rotating Electrical Machines--
                                     General Requirements.
UL 2089...........................  Vehicle Battery Adapters.
ISA 60079-0.......................  Explosive Atmospheres--Part 0:
                                     Equipment--General Requirements.
ISA 60079-1.......................  Explosive Atmospheres--Part 1:
                                     Equipment Protection by Flameproof
                                     Enclosures ``d''.
ISA 60079-2.......................  Explosive Atmospheres--Part 2:
                                     Equipment Protection by Pressurized
                                     Enclosures ``p''.
ISA 60079-5.......................  Explosive Atmospheres--Part 5:
                                     Equipment Protection by Powder
                                     Filling ``q''.
ISA 60079-6.......................  Explosive Atmospheres--Part 6:
                                     Equipment Protection by Liquid
                                     Immersion ``o''.
ISA 60079-7.......................  Explosive Atmospheres--Part 7:
                                     Equipment Protection by Increased
                                     Safety ``e''.
ISA 60079-11......................  Explosive Atmospheres--Part 11:
                                     Equipment Protection by Intrinsic
                                     Safety ``i''.
ISA 60079-15......................  Explosive Atmospheres--Part 15:
                                     Equipment Protection by Type of
                                     Protection ``n''.
ISA 60079-18......................  Explosive Atmospheres--Part 18:
                                     Equipment Protection by
                                     Encapsulation ``m''.
ISA 60079-26......................  Explosive Atmospheres--Part 26:
                                     Equipment for Use in Class I, Zone
                                     0 Hazardous (Classified) Locations.
ISA 60079-28......................  Explosive Atmospheres--Part 28:
                                     Protection of Equipment and
                                     Transmission Systems Using Optical
                                     Radiation, Edition 1.1.
ISA 60079-31......................  Explosive Atmospheres--Part 31:
                                     Equipment Dust Ignition Protection
                                     by Enclosure ``t''.

UL 1203...........................  Explosion Proof and Dust-Ignition-
                                     Proof Electrical Equipment for Use
                                     in Hazardous (Classified)
                                     Locations.
UL 1574...........................  Track Lighting Systems.
UL 2108...........................  Low Voltage Lighting Systems.
UL 8750...........................  Light Emitting Diode (LED) Equipment
                                     for Use in Lighting Products.
UL 60745-1........................  Hand-Held Motor-Operated Electric
                                     Tools--Safety--Part 1: General
                                     Requirements.
UL 60745-2-1......................  Hand-Held Motor Operated Electrical
                                     Tools--Safety--Part 2-1: Particular
                                     Requirements for Drills and Impact
                                     Drills.
UL 60745-2-2......................  Particular Requirements for
                                     Screwdrivers and Impact Wrenches.
UL 60745-2-3......................  Particular Requirements for
                                     Grinders, Polishers and Disk-Type
                                     Sanders.
UL 60745-2-4......................  Particular Requirements for Sanders
                                     and Polishers Other Than Disk Type.
UL 60745-2-5......................  Particular Requirements for Circular
                                     Saws.
UL 60745-2-6......................  Particular Requirements for Hammers.
UL 60745-2-8......................  Particular Requirements for Shears
                                     and Nibblers.
UL 60745-2-9......................  Particular Requirements for Tappers.
UL 60745-2-11.....................  Particular Requirements for
                                     Reciprocating Saws.
UL 60745-2-12.....................  Particular Requirements for Concrete
                                     Vibrators.
UL 60745-2-13.....................  Hand-Held Motor-Operated Electric
                                     Tools--Safety--Part 2-13:
                                     Particular Requirements for Chain
                                     Saws.
UL 60745-2-14.....................  Hand-Held Motor-Operated Electric
                                     Tools--Safety--Part 2-14:
                                     Particular Requirements for
                                     Planers.
UL 60745-2-15.....................  Hand-Held Motor-Operated Electric
                                     Tools--Safety--Part 2-15:
                                     Particular Requirements for Hedge
                                     Trimmers.
UL 60745-2-16.....................  Hand-Held Motor-Operated Electric
                                     Tools--Safety--Part 2-16:
                                     Particular Requirements for
                                     Tackers.
UL 60745-2-17.....................  Hand-Held Motor-Operated Electric
                                     Tools--Safety--Part 2-17:
                                     Particular Requirements for Routers
                                     and Trimmers.
UL 62368-1........................  Audio/Video, Information and
                                     Communication Technology Equipment--
                                     Part 1: Safety Requirements.
------------------------------------------------------------------------

III. Preliminary Finding on the Applications

    SGS submitted acceptable applications for expansion of its scope of
recognition. OSHA's review of the application files and its detailed
on-site assessments indicate that SGS can meet the requirements
prescribed by 29 CFR 1910.7 for expanding its recognition to include
the addition of three sites and these 39 test standards for NRTL
testing and certification listed above. This preliminary finding does
not constitute an interim or temporary approval of SGS's applications.
    OSHA welcomes public comment as to whether SGS meets the
requirements of 29 CFR 1910.7 for expansion of its recognition as an
NRTL. Comments should consist of pertinent written documents and
exhibits. Commenters needing more time to comment must submit a request
in writing, stating the reasons for the request. Commenters must submit
the written request for an extension by the due date for comments. OSHA
will limit any extension to 10 days unless the requester justifies a
longer period. OSHA may deny a request for an extension if it is not
adequately justified. To obtain or review copies of the exhibits
identified in this notice, as well as comments submitted to the docket,
contact the Docket Office, Room N-2625, Occupational Safety and Health
Administration, U.S. Department of Labor, at the above address. These
materials also are available online at http://www.regulations.gov under
Docket No. OSHA-2006-0040.
    OSHA staff will review all comments to the docket submitted in a
timely manner and, after addressing the issues raised by these
comments, will recommend to the Assistant Secretary for Occupational
Safety and Health whether to grant SGS's applications for expansion of
its scope of recognition. The Assistant Secretary will make the final
decision on granting the applications. In making this decision, the
Assistant Secretary may undertake other proceedings prescribed in
Appendix A to 29 CFR 1910.7. OSHA will publish a public notice of this
final decision in the Federal Register.

Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for
Occupational Safety and Health, 200 Constitution Avenue NW.,
Washington, DC 20210, authorized the preparation of this notice.
Accordingly, the Agency is issuing this notice pursuant to 29 U.S.C.
657(g)(2), Secretary of Labor's Order No. 1-2012 (77 FR 3912, Jan. 25,
2012), and 29 CFR 1910.7.

    Signed at Washington, DC, on July 15, 2016.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2016-17241 Filed 7-20-16; 8:45 am]
 BILLING CODE 4510-26-P


[Federal Register Volume 85, Number 22 (Monday, February 3, 2020)]
[Notices]
[Pages 6003-6005]
[FR Doc No: 2020-01912]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-88056; File No. SR-NASDAQ-2020-004]

Self-Regulatory Organizations; The Nasdaq Stock Market LLC;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
to Clarify the Term ``Closing Price'' in Rule 5635(d)(1)(A) Relating to
Shareholder Approval for Transactions Other Than Public Offerings

January 28, 2020.
    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 January 15, 2020, The Nasdaq Stock Market LLC (``Nasdaq'' or
``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``Commission'') the proposed rule change as described in
Items I and II below, which Items have been prepared by the Exchange.
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.
---------------------------------------------------------------------------

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

    The Exchange proposes to clarify Rule 5635(d)(1)(A) without
changing its substance. The text of the proposed rule change is set
forth below. Proposed new language is in italics; deleted text is in
brackets.
* * * * *
The Nasdaq Stock Market LLC Rules
* * * * *
5635. Shareholder Approval
    This Rule sets forth the circumstances under which shareholder
approval is required prior to an issuance of securities in connection
with: (i) the acquisition of the stock or assets of another company;
(ii) equity-based compensation of officers, directors, employees or
consultants; (iii) a change of control; and (iv) transactions other
than public offerings. General provisions relating to shareholder
approval are set forth in Rule 5635(e), and the financial viability
exception to the shareholder approval requirement is set forth in Rule
5635(f). Nasdaq-listed Companies and their representatives are
encouraged to use the interpretative letter process described in Rule
5602.
    (a) No change.
    (b) No change.
    (c) No change.
    IM-5635-1. No change.
    (d) Transactions other than Public Offerings
    (1) For purposes of this Rule 5635(d):
    (A) ``Minimum Price'' means a price that is the lower of: (i) the
Nasdaq Official Closing Price [closing price] (as reflected on
Nasdaq.com) immediately preceding the signing of the binding agreement;
or (ii) the average Nasdaq Official Closing Price [closing price] of
the common stock (as reflected on Nasdaq.com) for the five trading days
immediately preceding the signing of the binding agreement.
    (B) No change.
    (2) No change.
    IM-5635-2. No change.
    IM-5635-3. No change.
    (e) No change.
    (f) No change.
    IM-5635-4. No change.
* * * * *

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

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

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

1. Purpose
    On September 26, 2018, the Exchange amended Rule 5635(d)(1)(A) to
change the definition of market value for purposes of the shareholder
approval rule and eliminate the requirement for shareholder approval of
issuances at a price less than book value but greater than market value
(the ``Amendment'').\3\ As revised, Rule 5635(d) requires a Nasdaq-
listed company to obtain shareholder approval prior to the issuance of
securities in connection with a transaction other than a public
offering \4\ involving the sale, issuance or potential issuance by the
company of common stock (or securities convertible into or exercisable
for common stock), which alone or together with sales by officers,
directors or Substantial Shareholders \5\ of the company, equals 20% or
more of the common stock or 20% or more of the voting power outstanding
before the issuance (a ``20% Issuance'') at a price that is less than
the Minimum Price. Rule 5635(d)(1)(A) defines ``Minimum Price'' as a
price that is the lower of: (i) The closing price (as reflected on
Nasdaq.com) immediately preceding the signing of the binding agreement;
or (ii) the average closing price of the common stock (as reflected on
Nasdaq.com) for the five trading days immediately preceding the signing
of the binding agreement.
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 84287 (September 26,
2018), 83 FR 49599 (October 2, 2018) (approving SR-Nasdaq-2018-008)
(the ``Approval Order'').
    \4\ See Nasdaq Rule IM-5635-3 (Definition of a Public Offering).
    \5\ An interest consisting of less than either 5% of the number
of shares of common stock or 5% of the voting power outstanding of a
Company or party will not be considered a substantial interest or
cause the holder of such interest to be regarded as a ``Substantial
Shareholder.'' See Nasdaq Rule 5635(e)(3).
---------------------------------------------------------------------------

    Prior to the Amendment, shareholder approval was required for a 20%
Issuance at a price less than the greater of book or market value.\6\
In the

Exchange's proposal to use the closing price reported on Nasdaq.com,
rather than the market value, the Exchange explained that ``[t]he
closing price reported on Nasdaq.com is the Nasdaq Official Closing
Price, which is derived from the closing auction on Nasdaq and reflects
actual sale prices at one of the most liquid times of the day.'' \7\ At
the time, Nasdaq believed that ``codify[ing] within the rule that
Nasdaq.com is the appropriate source of the closing price information''
would ``assure that companies and investors use the Nasdaq Official
Closing Price when pricing transactions.'' \8\ However, Rule
5635(d)(1)(A) does not specify that the closing price refers to the
Nasdaq Official Closing Price, which may create confusion. Nasdaq
proposes to amend Rule 5635(d)(1)(A) to revise ``closing price (as
reflected on Nasdaq.com)'' to ``Nasdaq Official Closing Price (as
reflected on Nasdaq.com).'' \9\ The Exchange believes that this change
will reflect the Exchange's original intention in adopting the
Amendment.
---------------------------------------------------------------------------

    \6\ ``Market value'' is defined in Nasdaq Rule 5005(a)(23) as
the consolidated closing bid price multiplied by the measure to be
valued (e.g., a company's market value of publicly held shares is
equal to the consolidated closing bid price multiplied by a
company's publicly held shares). See Nasdaq Rule 5005(a)(23).
    \7\ See Securities Exchange Act Release No. 82702 (February 13,
2018), 83 FR 7269 (February 20, 2018) at 7270. See also Approval
Order at 49602 (``the proposal to use the Nasdaq Official Closing
Price for purposes of market value should help to ensure
transparency to investors in calculating market value for purposes
of the rule.'').
    \8\ Id.
    \9\ See Nasdaq Rule 4754(b)(4) (``All orders executed in the
Nasdaq Closing Cross will be executed at the Nasdaq Closing Cross
price, trade reported anonymously, and disseminated via the
consolidated tape. The Nasdaq Closing Cross price will be the Nasdaq
Official Closing Price for stocks that participate in the Nasdaq
Closing Cross. Fifteen minutes after the close of trading, Nasdaq
will disseminate via the network processor a trade message setting
the Nasdaq Official Closing Price as the official Consolidated Last
Sale Price in each Nasdaq-listed security in which one round lot or
more is executed in the Nasdaq Closing Cross where the closing price
differs from the Consolidated Last Sale Price.'').
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\10\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\11\ in particular, in that it is designed to
promote just and equitable principles of trade, to remove impediments
to and perfect the mechanism of a free and open market and a national
market system, and, in general to protect investors and the public
interest, by eliminating potential confusion and enhancing clarity and
transparency in its rules. The proposal is consistent with the
Exchange's original intent as approved by the Commission and does not
have any substantive effect on the rule.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. The proposed change is designed
to more clearly describe the current operation and original intent of
an existing rule without changing its substance and, therefore, Nasdaq
believes that the proposed change will not impose a burden on
competition.

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

    No written comments were either solicited or received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \12\ and Rule 19b-
4(f)(6) thereunder.\13\
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \14\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \15\ permits the
Commission to designate a shorter time if such action is consistent
with the protection of investors and the public interest. The Exchange
has asked the Commission to waive the 30-day operative delay so that
Rule 5635(d)(1)(A) may be amended to reflect the Exchange's original
intent and reduce potential confusion for companies and investors.
---------------------------------------------------------------------------

    \14\ 17 CFR 240.19b-4(f)(6).
    \15\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    The Commission believes that waiver of the operative delay should,
as noted by Nasdaq, help to avoid potential confusion for investors and
listed companies. The Commission further notes that the current
proposal is consistent with Nasdaq's original proposal to adopt the
current rule language.\16\ For these reasons, the Commission believes
that waiver of the 30-day operative delay is consistent with the
protection of investors and the public interest. Therefore, the
Commission hereby waives the operative delay and designates the
proposal as operative upon filing.\17\
---------------------------------------------------------------------------

    \16\ See supra note 7 and accompanying text.
    \17\ For purposes only of waiving the 30-day operative delay,
the Commission also has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2020-004 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASDAQ-2020-004. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the

Commission and any person, other than those that may be withheld from
the public in accordance with the provisions of 5 U.S.C. 552, will be
available for website viewing and printing in the Commission's Public
Reference Room, 100 F Street NE, Washington, DC 20549, on official
business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of
the filing also will be available for inspection and copying at the
principal office of the Exchange. All comments received will be posted
without change. Persons submitting comments are cautioned that we do
not redact or edit personal identifying information from comment
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-
NASDAQ-2020-004 and should be submitted on or before February 24, 2020.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\18\
---------------------------------------------------------------------------

    \18\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-01912 Filed 1-31-20; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: April 25, 2008 (Volume 73, Number 81)]
[Notices]
[Page 22359-22360]
[DOCID:fr25ap08-44]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2197-073 North Carolina; Project No. 2206-030 North
Carolina]

Alcoa Power Generating, Inc.; Progress Energy Carolinas; Notice
of Availability of the Final Environmental Impact Statement for the
Yadkin Project and the Yadkin-Pee Dee River Project

April 18, 2008.
    In accordance with the National Environmental Policy Act of 1969
and the Federal Energy Regulatory Commission's (Commission)
regulations, 18 CFR part 380 (Order No. 486, 52 FR 47897), the Office
of Energy Projects has reviewed the applications for licenses for Alcoa
Power Generating, Inc.'s 210-megawatt Yadkin Hydroelectric Project
(Project No. 2197) and Progress Energy Carolina's 108.6-MW Yadkin-Pee
Dee River Hydroelectric Project (Project No. 2206), located on the
Yadkin and Pee Dee rivers in the counties of Davidson, Davie,
Montgomery, Rowan, Stanly, Anson, and Richmond, near Charlotte, North
Carolina. Based upon this review,

the Office of Energy Projects has prepared a Final Environmental Impact
Statement (final EIS) for the projects.
    The final EIS contains staff's evaluation of the applicant's
proposal and alternatives for relicensing the Yadkin and Yadkin-Pee Dee
River Projects. The final EIS documents the views of governmental
agencies, non-governmental organizations, affected Indian tribes, the
public, the license applicants, and Commission staff.
    A copy of the final EIS is available for review in the Commission's
Public Reference Branch, Room 2A, located at 888 First Street, NE.,
Washington, DC 20426. The final EIS also may be viewed on the
Commission's Web site at http://www.ferc.gov under the eLibrary link.
Enter the docket number excluding the last three digits in the docket
number field to access the document. For assistance, contact FERC
Online Support at<EMAIL_ADDRESS>or toll-free at 1-866-208-
3676, or for TTY,<PHONE_NUMBER>.
    You may also register online at http://www.ferc.gov/docs-filing/
esubscription.asp to be notified via e-mail of new filings and
issuances related to this or other pending projects. For assistance,
contact FERC Online Support.
    For further information, contact Stephen Bowler at<PHONE_NUMBER>
or<EMAIL_ADDRESS>or Lee Emery at<PHONE_NUMBER> or
<EMAIL_ADDRESS>
Kimberly D. Bose,
Secretary.
 [FR Doc. E8-9021 Filed 4-24-08; 8:45 am]

BILLING CODE 6717-01-P