[Federal Register Volume 87, Number 176 (Tuesday, September 13, 2022)]
[Notices]
[Pages 56071-56072]
[FR Doc No: 2022-19718]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2022-N-1959]

Joint Meeting of the Nonprescription Drugs Advisory Committee and
the Obstetrics, Reproductive and Urologic Drugs Advisory Committee;
Notice of Meeting; Establishment of a Public Docket; Request for
Comments

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice; establishment of a public docket; request for comments.

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SUMMARY: The Food and Drug Administration (FDA) announces a forthcoming
public advisory committee meeting of the Nonprescription Drugs Advisory
Committee and the Obstetrics, Reproductive and Urologic Drugs Advisory
Committee. The general function of the committees is to provide advice
and recommendations to FDA on regulatory issues. The meeting will be
open to the public. FDA is establishing a docket for public comment on
this document.

DATES: The meeting will be held virtually on November 18, 2022, from 9
a.m. to 5:30 p.m. eastern time.

ADDRESSES: Please note that due to the impact of the COVID-19 pandemic,
all meeting participants will be joining this advisory committee
meeting via an online teleconferencing platform. Answers to commonly
asked questions about FDA advisory committee meetings, including
information regarding special accommodations due to a disability, may
be accessed at: https://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm408555.htm.
    FDA is establishing a docket for public comment on this meeting.
The docket number is FDA-2022-N-1959. The docket will close on November
17, 2022. Either electronic or written comments on this public meeting
must be submitted by November 17, 2022. Please note that late, untimely
filed comments will not be considered. The https://www.regulations.gov
electronic filing system will accept comments until 11:59 p.m. eastern
time at the end of November 17, 2022. Comments received by mail/hand
delivery/courier (for written/paper submissions) will be considered
timely if they are received on or before that date.
    Comments received on or before November 3, 2022, will be provided
to the committees. Comments received after that date will be taken into
consideration by FDA. In the event that the meeting is cancelled, FDA
will continue to evaluate any relevant applications or information, and
consider any comments submitted to the docket, as appropriate.
    You may submit comments as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2022-N-1959 for ``Joint Meeting of the Nonprescription Drugs
Advisory Committee and the Obstetrics, Reproductive and Urologic Drugs
Advisory Committee; Notice of Meeting; Establishment of a Public
Docket; Request for Comments.'' Received comments, those filed in a
timely manner (see ADDRESSES), will be placed in the docket and, except
for those submitted as ``Confidential Submissions,'' publicly viewable
at https://www.regulations.gov or at the Dockets Management Staff
between 9 a.m. and 4 p.m., Monday through Friday,<PHONE_NUMBER>.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' FDA will review
this copy, including the claimed confidential information, in its
consideration of comments. The second copy, which will have the claimed
confidential information redacted/blacked out, will be available for
public viewing and posted on https://www.regulations.gov. Submit both
copies to the Dockets Management Staff. If you do not wish your name
and contact information be made publicly available, you can provide
this information on the cover sheet and not in the body of your
comments and you must identify the information as ``confidential.'' Any
information marked as ``confidential'' will not be disclosed except in
accordance with 21 CFR 10.20 and other applicable disclosure law. For
more information about FDA's posting of comments to public dockets, see
80 FR 56469, September 18, 2015, or access the information at: https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852,<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Moon Choi, Center for Drug Evaluation
and Research, Food and Drug Administration, 10903 New Hampshire Ave.,
Bldg. 31, Rm. 2417, Silver Spring, MD 20993-0002,<PHONE_NUMBER>,
[email protected], or FDA Advisory Committee Information Line, 1-800-
741-8138<PHONE_NUMBER> in the Washington, DC area). A notice in the
Federal Register about last-minute modifications that impact a
previously announced advisory committee meeting cannot always be
published quickly enough to provide timely notice. Therefore, you
should always check the

FDA's website at https://www.fda.gov/AdvisoryCommittees/default.htm and
scroll down to the appropriate advisory committee meeting link, or call
the advisory committee information line to learn about possible
modifications before the meeting.

SUPPLEMENTARY INFORMATION:
    Agenda: The meeting presentations will be heard, viewed, captioned,
and recorded through an online teleconferencing platform. The
committees will discuss supplemental new drug application 017031/S-041
for OPILL (norgestrel) Tablet, 0.075 mg, submitted by Laboratoire HRA
Pharma. OPILL is proposed for nonprescription use as a once-daily oral
contraceptive to prevent pregnancy.
    FDA intends to make background material available to the public no
later than 2 business days before the meeting. If FDA is unable to post
the background material on its website prior to the meeting, the
background material will be made publicly available on FDA's website at
the time of the advisory committee meeting. Background material and the
link to the online teleconference meeting room will be available at
https://www.fda.gov/AdvisoryCommittees/Calendar/default.htm. Scroll
down to the appropriate advisory committee meeting link. The meeting
will include slide presentations with audio components to allow the
presentation of materials in a manner that most closely resembles an
in-person advisory committee meeting.
    Procedure: Interested persons may present data, information, or
views, orally or in writing, on issues pending before the committees.
All electronic and written submissions submitted to the Docket (see
ADDRESSES) on or before November 3, 2022, will be provided to the
committees. Oral presentations from the public will be scheduled
between approximately 2:15 p.m. and 3:30 p.m. eastern time. Those
individuals interested in making formal oral presentations should
notify the contact person and submit a brief statement of the general
nature of the evidence or arguments they wish to present, the names and
addresses of proposed participants, and an indication of the
approximate time requested to make their presentation on or before
October 26, 2022. Time allotted for each presentation may be limited.
If the number of registrants requesting to speak is greater than can be
reasonably accommodated during the scheduled open public hearing
session, FDA may conduct a lottery to determine the speakers for the
scheduled open public hearing session. The contact person will notify
interested persons regarding their request to speak by October 27,
2022.
    For press inquiries, please contact the Office of Media Affairs at
[email protected] or<PHONE_NUMBER>.
    FDA welcomes the attendance of the public at its advisory committee
meetings and will make every effort to accommodate persons with
disabilities. If you require accommodations due to a disability, please
contact Moon Choi (see FOR FURTHER INFORMATION CONTACT) at least 7 days
in advance of the meeting.
    FDA is committed to the orderly conduct of its advisory committee
meetings. Please visit our website at https://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm111462.htm for procedures
on public conduct during advisory committee meetings.
    Notice of this meeting is given under the Federal Advisory
Committee Act (5 U.S.C. app. 2).

    Dated: September 6, 2022.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2022-19718 Filed 9-12-22; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 85, Number 29 (Wednesday, February 12, 2020)]
[Rules and Regulations]
[Pages 7860-7863]
[FR Doc No: 2020-02720]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0700; Product Identifier 2019-NM-105-AD; Amendment
39-19833; AD 2020-02-21]
RIN 2120-AA64

Airworthiness Directives; Dassault Aviation Airplanes

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

ACTION: Final rule.

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SUMMARY: The FAA is superseding Airworthiness Directive (AD) 2018-19-25
and AD 2014-03-12, which applied to all Dassault Aviation Model FALCON
2000 airplanes. Those ADs required revising the existing maintenance or
inspection program, as applicable, to incorporate new maintenance
requirements and airworthiness limitations. Since the FAA issued AD
2018-19-25, the FAA has determined that new or more restrictive
airworthiness limitations are necessary. This AD continues to require
those maintenance or inspection program revisions, and also requires
revising the existing maintenance or inspection program, as applicable,
to incorporate new or more restrictive airworthiness limitations. This
AD was prompted by a determination that new or more restrictive
airworthiness limitations are necessary. The FAA is issuing this AD to
address the unsafe condition on these products.

DATES: This AD is effective March 18, 2020.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of March 18,
2020.
    The Director of the Federal Register approved the incorporation by
reference of a certain other publication listed in this AD as of
November 2, 2018 (83 FR 48924, September 28, 2018).

ADDRESSES: For service information identified in this final rule,
contact Dassault Falcon Jet Corporation, Teterboro Airport, P.O. Box
2000, South Hackensack, NJ 07606; telephone<PHONE_NUMBER>; internet
https://www.dassaultfalcon.com. You may view this referenced 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 https://www.regulations.gov by searching for and locating
Docket No. FAA-2019-0700.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0700; 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 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: Tom Rodriguez, Aerospace Engineer,
International Section, Transport Standards Branch, FAA, 2200 South
216th St., Des Moines, WA 98198; telephone and fax<PHONE_NUMBER>; email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    The European Union Aviation Safety Agency (EASA), which is the
Technical Agent for the Member States of the European Union, has issued
EASA AD 2019-0131, dated June 11, 2019 (``EASA AD 2019-0131'') (also
referred to as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for all Dassault Aviation
Model FALCON 2000 airplanes. You may examine the MCAI in the AD docket
on the internet at https://www.regulations.gov by searching for and
locating Docket No. FAA-2019-0700.
    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to supersede AD 2018-19-25, Amendment 39-19426 (83 FR
48924, September 28, 2018) (``AD 2018-19-25'') and AD 2014-03-12,
Amendment 39-17749 (79 FR 11693, March 3, 2014) (``AD 2014-03-12''). AD
2018-19-25 applied to all Dassault Aviation Model FALCON 2000
airplanes. The NPRM published in the Federal Register on September 25,
2019 (84 FR 50336). The NPRM resulted from a determination

that new or more restrictive airworthiness limitations are necessary.
The NPRM proposed to require revising the existing maintenance or
inspection program, as applicable, to incorporate new or more
restrictive airworthiness limitations. The FAA is issuing this AD to
address reduced controllability of the airplane. See the MCAI for
additional background information.

Comments

    The FAA gave the public the opportunity to participate in
developing this final rule. The following presents the comment received
on the NPRM and the FAA's response to that comment.

Request To List New Requirements

    NetJets Aviation (NJA) requested that the additional required
inspection items or changes from Chapter 5-40, Airworthiness
Limitations, Revision 20, dated November 2018, of the Dassault Aviation
Falcon 2000 Maintenance Manual be listed in paragraph (i) of the
proposed AD to ensure operators are meeting the requirements.
    The FAA disagrees with the commenter's request because the required
action is for the operators to incorporate the entirety of the
information specified in Chapter 5-40, Airworthiness Limitations,
Revision 20, dated November 2018, of the Dassault Aviation Falcon 2000
Maintenance Manual into their maintenance or inspection program, as
applicable, and not just the changes that are made in Revision 20 (the
changes are described in the ``Information to Operators'' section of
Revision 20). The AD has not been changed in this regard.

Conclusion

    The FAA reviewed the relevant data, considered the comment
received, and determined that air safety and the public interest
require adopting this final rule as proposed, except for minor
editorial changes. The FAA has 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

    Dassault Aviation has issued Chapter 5-40, Airworthiness
Limitations, Revision 20, dated November 2018, of the Dassault Aviation
Falcon 2000 Maintenance Manual. This service information describes
airworthiness limitations for safe life limits.
    This AD also requires Chapter 5-40, Airworthiness Limitations, DGT
113876, Revision 19, dated November 2017, of the Dassault Falcon 2000
Maintenance Manual, which the Director of the Federal Register approved
for incorporation by reference as of November 2, 2018 (83 FR 48924,
September 28, 2018).
    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

    The FAA estimates that this AD affects 200 airplanes of U.S.
registry.
    The FAA estimates the following costs to comply with this AD:
    The FAA estimates the total cost per operator for the retained
actions from AD 2018-19-25 to be $7,650 (90 work-hours x $85 per work-
hour).
    The FAA has determined that revising the maintenance or inspection
program takes an average of 90 work-hours per operator, although the
FAA recognizes that this number may vary from operator to operator. In
the past, the FAA has estimated that this action takes 1 work-hour per
airplane. Since operators incorporate maintenance or inspection program
changes for their affected fleet(s), the FAA has determined that a per-
operator estimate is more accurate than a per-airplane estimate.
    The FAA estimates the total cost per operator for the new actions
to be $7,650 (90 work-hours x $85 per work-hour).

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.
    The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

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

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:
0
a. removing Airworthiness Directive (AD) 2014-03-12, Amendment 39-17749
(79 FR 11693, March 3, 2014); and AD 2018-19-25, Amendment 39-19426 (83
FR 48924, September 28, 2018); and
0
b. adding the following new AD:

2020-02-21 Dassault Aviation: Amendment 39-19833; Docket No. FAA-
2019-0700; Product Identifier 2019-NM-105-AD.

(a) Effective Date

    This AD is effective March 18, 2020.

(b) Affected ADs

    (1) This AD replaces AD 2014-03-12, Amendment 39-17749 (79 FR
11693, March 3, 2014) (``AD 2014-03-12''); and AD 2018-19-25,
Amendment 39-19426 (83 FR 48924, September 28, 2018) (``AD 2018-19-
25'').
    (2) This AD affects AD 2010-26-05, Amendment 39-16544 (75 FR
79952, December 21, 2010) (``AD 2010-26-05'').

(c) Applicability

    This AD applies to all Dassault Aviation Model FALCON 2000
airplanes, certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time limits/
maintenance checks.

(e) Reason

    This AD was prompted by a determination that new or more
restrictive airworthiness limitations are necessary. The FAA is
issuing this AD to address reduced controllability of the airplane.

(f) Compliance

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

(g) Retained Revision, With No Changes

    This paragraph restates the requirements of paragraph (g) of AD
2018-19-25, with no changes. Within 90 days after November 2, 2018
(the effective date of AD 2018-19-25), revise the existing
maintenance or inspection program, as applicable, to incorporate the
information specified in Chapter 5-40, Airworthiness Limitations,
DGT 113876, Revision 19, dated November 2017, of the Dassault Falcon
2000 Maintenance Manual. The initial compliance times for doing the
tasks are at the time specified in Chapter 5-40, Airworthiness
Limitations, DGT 113876, Revision 19, dated November 2017, of the
Dassault Falcon 2000 Maintenance Manual, or within 90 days after
November 2, 2018 (the effective date of AD 2018-19-25), whichever
occurs later; except as required by paragraphs (g)(1) through (3) of
this AD. The term ``LDG'' in the ``First Inspection'' column of any
table in Chapter 5-40, Airworthiness Limitations, DGT 113876,
Revision 19, dated November 2017, of the Dassault Falcon 2000
Maintenance Manual, means total airplane landings. The term ``FH''
in the ``First Inspection'' column of any table in Chapter 5-40,
Airworthiness Limitations, DGT 113876, Revision 19, dated November
2017, of the Dassault Falcon 2000 Maintenance Manual, means total
flight hours. The term ``FC'' in the ``First Inspection'' column of
any table in Chapter 5-40, Airworthiness Limitations, DGT 113876,
Revision 19, dated November 2017, of the Dassault Falcon 2000
Maintenance Manual, means total flight cycles.
    (1) For Task 30-11-09-350-801 identified in the service
information specified in the introductory text of paragraph (g) of
this AD, the initial compliance time is the later of the times
specified in paragraphs (g)(1)(i) and (ii) of this AD.
    (i) At the earlier of the times specified in paragraphs
(g)(1)(i)(A) and (B) of this AD.
    (A) Prior to the accumulation of 2,400 total flight hours or
2,000 total flight cycles, whichever occurs first.
    (B) Within 2,400 flight hours or 2,000 flight cycles after April
7, 2014 (the effective date of AD 2014-03-12), whichever occurs
first.
    (ii) Within 30 days after April 7, 2014 (the effective date of
AD 2014-03-12).
    (2) For Task 52-20-00-610-801-01 identified in the service
information specified in the introductory text of paragraph (g) of
this AD, the initial compliance time is within 24 months after April
7, 2014 (the effective date of AD 2014-03-12).
    (3) The limited service life of part number F2MA721512100 is
3,750 total flight cycles on the part or 6 years since the
manufacturing date of the part, whichever occurs first.

(h) Retained No Alternative Actions or Intervals With a New Exception

    This paragraph restates the requirements of paragraph (h) of AD
2018-19-25, with a new exception. Except as required by paragraph
(i) of this AD: After the existing maintenance or inspection program
has been revised as required by paragraph (g) of this AD, no
alternative actions (e.g., inspections), or intervals, may be used
unless the actions, or intervals, are approved as an alternative
method of compliance (AMOC) in accordance with the procedures
specified in paragraph (l)(1) of this AD.

(i) New Requirement of This AD: Maintenance or Inspection Program
Revision

    Within 90 days after the effective date of this AD, revise the
existing maintenance or inspection program, as applicable, to
incorporate the information specified in Chapter 5-40, Airworthiness
Limitations, Revision 20, dated November 2018, of the Dassault
Aviation Falcon 2000 Maintenance Manual. The initial compliance time
for doing the tasks is at the time specified in Chapter 5-40,
Airworthiness Limitations, Revision 20, dated November 2018, of the
Dassault Aviation Falcon 2000 Maintenance Manual, or within 90 days
after the effective date of this AD, whichever occurs later, except
as required by paragraphs (i)(1) through (3) of this AD. The term
``LDG'' in the ``First Inspection'' column of any table in the
service information specified in this paragraph means total airplane
landings. The term ``FH'' in the ``First Inspection'' column of any
table in the service information specified in this paragraph means
total flight hours. The term ``FC'' in the ``First Inspection''
column of any table in the service information specified in this
paragraph means total flight cycles. The term ``M'' in the ``First
Inspection'' column of any table in the service information
specified in this paragraph means months since date of issuance of
the original airworthiness certificate or original export
certificate of airworthiness. Accomplishing the actions required by
this paragraph terminates all requirements of paragraph (g) of this
AD.
    (1) For Task 30-11-09-350-801 identified in the service
information specified in the introductory text of paragraph (i) of
this AD, the initial compliance time is the later of the times
specified in paragraphs (i)(1)(i) and (ii) of this AD.
    (i) At the earlier of the times specified in paragraphs
(i)(1)(i)(A) and (B) of this AD.
    (A) Prior to the accumulation of 2,400 total flight hours or
2,000 total flight cycles, whichever occurs first.
    (B) Within 2,400 flight hours or 2,000 flight cycles after April
7, 2014 (the effective date of AD 2014-03-12), whichever occurs
first.
    (ii) Within 30 days after April 7, 2014 (the effective date of
AD 2014-03-12).
    (2) For Task 52-20-00-610-801-01 identified in the service
information specified in the introductory text of paragraph (i) of
this AD, the initial compliance time is within 24 months after April
7, 2014 (the effective date of AD 2014-03-12).
    (3) The limited service life of part number F2MA721512100 is
3,750 total flight cycles on the part or 6 years since the
manufacturing date of the part, whichever occurs first.

(j) New No Alternative Actions or Intervals

    After the existing maintenance or inspection program has been
revised as required by paragraph (i) of this AD, no alternative
actions (e.g., inspections) or intervals may be used unless the
actions or intervals are approved as an AMOC in accordance with the
procedures specified in paragraph (l)(1) of this AD.

(k) Terminating Action for Certain Actions in AD 2010-26-05

    Accomplishing the actions required by paragraph (g) of this AD
or paragraph (i) of this AD terminates the requirements of paragraph
(g) of AD 2010-26-05 for all Dassault Aviation Model FALCON 2000
airplanes.

(l) Other FAA AD Provisions

    (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_ADDRESS>    (i) 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.
    (ii) AMOCs approved previously for AD 2018-19-25, Amendment 39-
19426 (83 FR 48924, September 28, 2018), are approved as AMOCs for
the corresponding provisions of this AD.
    (2) Contacting the Manufacturer: As of the effective date of
this AD, 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 the European Union Aviation Safety Agency (EASA); or
Dassault Aviation's EASA Design Organization Approval (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 Airworthiness Directive 2019-0131, dated June 11, 2019,
for related information. This MCAI may be found in the AD docket on
the internet at https://www.regulations.gov by searching for and
locating Docket No. FAA-2019-0700.

    (2) For more information about this AD, contact Tom Rodriguez,
Aerospace Engineer, International Section, Transport Standards
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
and fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
(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.
    (3) The following service information was approved for IBR on
March 18, 2020.
    (i) Chapter 5-40, Airworthiness Limitations, Revision 20, dated
November 2018, of the Dassault Aviation Falcon 2000 Maintenance
Manual.
    (ii) [Reserved]
    (4) The following service information was approved for IBR on
November 2, 2018 (83 FR 48924, September 28, 2018).
    (i) Chapter 5-40, Airworthiness Limitations, DGT 113876,
Revision 19, dated November 2017, of the Dassault Falcon 2000
Maintenance Manual.
    (ii) [Reserved]
    (5) For service information identified in this AD, contact
Dassault Falcon Jet Corporation, Teterboro Airport, P.O. Box 2000,
South Hackensack, NJ 07606; telephone<PHONE_NUMBER>; internet https://www.dassaultfalcon.com.
    (6) 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.
    (7) 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, email<EMAIL_ADDRESS>or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on January 28, 2020.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2020-02720 Filed 2-11-20; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 41 (Friday, March 3, 2017)]
[Notices]
[Pages 12481-12484]
[FR Doc No: 2017-04089]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80114; File No. SR-LCH SA-2017-001]

Self-Regulatory Organizations; LCH SA; Notice of Filing and
Immediate Effectiveness of Proposed Rule Change, Security-Based Swap
Submission, or Advance Notice To Adopt Revised Fee Schedule and
Establish Annual Fixed Fee for General Members

February 27, 2017.
    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 February 17, 2017, Banque Centrale de Compensation, which conducts
business under the name LCH SA (``LCH SA''), filed with the Securities
and Exchange Commission (``Commission'') the proposed rule change
described in Items I, II, and III below, which Items have been
primarily prepared by LCH SA. LCH SA filed the proposal pursuant to
Section 19(b)(3)(A) of the Act,\3\ and Rule 19b-4(f)(2) \4\ thereunder,
so that the proposal was 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\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(2).

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

I. Clearing Agency's Statement of the Terms of Substance of the
Proposed Rule Change, Security-Based Swap Submission, or Advance Notice

    The proposed rule change will: (1) Modify the annual fixed fee that
covers all self-clearing activity for a Clearing Member \5\ and its
affiliates under the Unlimited Tariff, (2) establish an annual fixed
fee for all General Members that participate in the CDS Clearing
Services under the Introductory Tariff, and (3) remove the volume-based
discounts currently in effect for the client clearing activities of the
CDS Clearing Service.
---------------------------------------------------------------------------

    \5\ Capitalized terms not defined herein are defined in LCH SA's
Rulebook, available at http://www.lch.com/rules-regulations/rulebooks/sa.
---------------------------------------------------------------------------

II. Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change, Security-Based Swap Submission, or
Advance Notice

    In its filing with the Commission, LCH SA 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. LCH SA has prepared summaries, set forth in sections A,
B, and C below, of the most significant aspects of such statements.

A. Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change, Security-Based Swap Submission, or
Advance Notice

1. Purpose
    The purpose of the proposed rule change is to: (1) Modify the
annual fixed fee that covers all self-clearing activity for a Clearing
Member and its affiliates under the Unlimited Tariff, (2) establish an
annual fixed fee for all General Members that participate in the CDS
Clearing Services under the Introductory Tariff, and (3) remove the
volume-based discounts currently in effect for the client clearing
activities of the CDS Clearing Service.
Unlimited Tariff
    The proposed rule change will reduce the annual fixed fee for
General Members that covers all self-clearing activity for Clearing
Members and their affiliate(s) that have opted for the Unlimited
Tariff. Currently, General Members that participate in the CDS Clearing
Service can elect to pay an annual fixed fee of [euro]2,250,000 (the
``Unlimited Tariff''), which covers all self-clearing fees for the
Clearing Member and its affiliates. Clearing Members that select to pay
this fixed fee are not charged any variable fee that would otherwise be
assessed with each cleared CDS on their house activity.
    General Clearing Members that do not select the Unlimited Tariff
fall under the Introductory Tariff and are currently charged a variable
volume based self-clearing fee. The fee is calculated and charged per
million gross notional cleared (EUR/USD, as applicable) and varies
depending on the type of CDS cleared, i.e., European indices, European
single names, US indices, US single names. The amount of variable fees
paid for trades cleared by the General Clearing Member and its
affiliates under the Introductory Tariff annually is currently capped
at [euro]2,250,000.
    The rule change will reduce the annual fixed fee to be paid by
General Members that select the Unlimited Tariff from [euro]2,250,000
to [euro]2,000,000. The cap on annual fees paid by General Members that
select the Introductory Tariff will similarly be reduced from
[euro]2,250,000 to [euro]2,000,000, and will include the fixed fee
along with all variable fees for the Clearing Member and its
affiliates.
    LCH SA believes that the reduced fee more accurately reflects the
proportionate costs and expenses that LCH SA will incur in connection
with self-cleared transactions following the introduction of mandatory
clearing of OTC derivatives and the anticipated increase in CDS client
clearing activities.
Annual Clearing Fee (Introductory Tariff)
    In addition, the proposed rule change will establish an annual
fixed fee for all General Members that participate in the CDS Clearing
Service under the Introductory Tariff. The annual fixed fee is
independent from and in addition to the self-clearing and client
clearing variable fees currently charged, but will count toward the
[euro]2,000,000 cap described above. Currently, General Members that
participate in the CDS Clearing Service pay either the Unlimited
Tariff, which covers all self-clearing fees for the Clearing Member and
its affiliates, or the Introductory Tariff, which is calculated per
million gross notional cleared (EUR/USD, as applicable) and varies
depending on the type of CDS cleared, i.e., European indices, European
single names, US indices, US single names. Therefore, Clearing Members
under the Introductory Tariff with no clearing activity have full
access to the CDS Clearing Service resources, are consulted on
potential rules, product and service changes, and benefit from
unlimited support for training and system training at no cost.
    LCH SA believes that all General Members under the Introductory
Tariff that have access to, and benefit from, the CDS Clearing Service
resources should pay a fixed fee for such access, even if the General
Member has no clearing activity. The rule change will require every
General Member under the Introductory Tariff to pay an annual fixed fee
of [euro]200,000, which will increase to [euro]400,000 for members with
more than [euro]15 billion gross notional in clearing activity per
year, across self-clearing or clearing for clients. One-twelfth of the
fee will be charged each month, and a pro-rata amount will be applied
for Clearing Members starting or resigning during the calendar year.
Volume-Based Discount
    Lastly, the proposed rule change will remove the volume-based
discounts that had been in effect for CDS client clearing activities
since early 2014. Currently, clients that participate in the CDS
Clearing Service are charged a clearing fee per EUR/USD million gross
notional cleared as follows:

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

------------------------------------------------------------------------
                     European products                        Base fees
------------------------------------------------------------------------
Index (per million)........................................      [euro]4
Single Name (per million)..................................     [euro]12
------------------------------------------------------------------------
                       U.S. Products                          Base fees
------------------------------------------------------------------------
Index (per million)........................................           $5
Single Name (per million)..................................          $17
------------------------------------------------------------------------

    In order to encourage client clearing of CDS back in 2014 ahead of
the mandatory clearing requirement at the time, LCH SA has been
offering volume-based discounts as follows:

------------------------------------------------------------------------
  Discounts for clients will be                          Monthly gross
  implemented as follows: Band          Benefit        notional cleared
------------------------------------------------------------------------
Band A..........................  Base Fee..........  [euro]0 to [euro]2
                                                       billion.
Band B..........................  16% fee discount..  [euro]2 billion to
                                                       [euro]6 billion.
Band C..........................  25% fee discount..  [euro]6 billion+.
------------------------------------------------------------------------

    With mandatory clearing of CDS now becoming effective in 2017 in
Europe, LCH SA believes it is no longer necessary or appropriate to
provide these discounts in light of the costs and expenses that LCH SA
will incur in providing the CDS Clearing Service to clients. The rule
change, therefore, will remove the volume-based discounts for CDS
client clearing activities.

2. Statutory Basis

    Section 17A(b)(3)(D) of the Act requires that the rules of a
clearing agency provide for the equitable allocation of reasonable
dues, fees, and other charges.\6\ With respect to the Unlimited Tariff,
LCH SA has determined that the reduction in the Unlimited Tariff fixed
fee for General Members with respect to self-clearing activity on
behalf of the Clearing Member and its affiliates is reasonable and
appropriate given the costs and expenses to LCH SA. With CDSClear now
reaching a maturity stage in its development and the introduction of
mandatory clearing of OTC derivatives in 2017, which will result in an
increase in CDS client clearing activities, it is appropriate that the
costs and expenses that LCH SA will incur in providing the CDS Clearing
Service are shared more broadly among General Members and their clients
that participate in the service. For the same reasons, LCH SA has
determined that the cap on self-clearing fees, inclusive of the annual
fixed fee, applicable to General Members electing the Introductory
Tariff, should be lowered to the same amount as the revised Unlimited
Tariff.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78q-1(b)(3)(D).
---------------------------------------------------------------------------

    With respect to the annual fixed fee for General Members under the
Introductory Tariff, LCH SA has determined that implementing an annual
fixed fee for all General Members that participate in the CDS Clearing
Service under the Introductory Tariff (which fee is separate from and
in addition to the self-clearing and client clearing variable fees
currently assessed), is reasonable and appropriate given the costs and
expenses to LCH SA in providing the services to General Members. The
fee assures that all General Members that benefit from the CDS Clearing
Service pay an appropriate fee for such services, such as being
consulted on potential rules, product and service changes, as well as
benefiting from unlimited support for product and system training and
testing, without regard to whether such General Members engage in CDS
clearing activities. The proposed rule changes, therefore, are
consistent with the requirements of Section 17A of the Act \7\ and
regulations thereunder applicable to it, because they provide for the
equitable allocation of reasonable fees, dues, and other charges among
clearing members and market participants by ensuring that General
Members and their clients pay reasonable fees and dues for the services
that LCH SA provides.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78q-1.
---------------------------------------------------------------------------

    With respect to the removal of volume-based discounts, LCH SA has
determined that removing the volume-based discounts for CDS client
clearing activities is reasonable and appropriate, given the costs and
expenses to LCH SA in providing such services. The elimination of
volume-based discounts will assure that clients pay an appropriate
proportionate share of the costs and expenses that LCH SA will incur in
providing the CDS Clearing Service.

B. Clearing Agency's Statement on Burden on Competition

    Section 17A(b)(3)(I) of the Act requires that the rules of a
clearing agency not impose any burden on competition not necessary or
appropriate in furtherance of the purposes of the Act.\8\ LCH SA does
not believe that the proposed rule change would impose any burden on
competition. As noted above, LCH SA believes that the reduction in the
annual Tariffs assessed on General Members with respect to self-
clearing activity are reasonable and appropriate, as the Tariffs will
apply equally to all General Members that self-clear CDS. Additionally,
LCH SA believes that an annual fixed fee for all General Members that
participate in the CDS Clearing Service under the Introductory Tariff,
which fee is separate from and in addition to the self-clearing and
client clearing variable fees currently assessed, is appropriate in
light of the expenses incurred by LCH SA in providing its services.
Further, LCH SA believes that removing the volume-based discounts for
CDS client clearing activities is reasonable and appropriate, as the
clearing fees will apply equally to all clients that participate in the
CDS Clearing Service.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78q-1(b)(3)(I).
---------------------------------------------------------------------------

    LCH SA does not believe that the proposed rule change would have a
burden on competition because it does not adversely affect the ability
of such Clearing Members or other market participants generally to
engage in cleared transactions or to access clearing services.

C. Clearing Agency's Statement on Comments on the Proposed Rule Change
Received From Members, Participants or Others

    Written comments relating to the proposed rule change have not been
solicited or received. LCH SA will notify the Commission of any written
comments received by LCH SA.

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

    The foregoing proposed rule change has become effective upon filing
pursuant to Section 19(b)(3)(A) \9\ of the Act and Rule 19b-4(f)(2)
\10\ thereunder because it establishes a fee or other charge imposed by
LCH SA on its Clearing Members. At any time within 60 days of the
filing of the proposed rule change, the Commission summarily may
temporarily suspend such proposed 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.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

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:
     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-LCH SA-2017-001 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-LCH SA-2017-001. 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 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
10:00 a.m. and 3:00 p.m. Copies of such filings will also be available
for inspection and copying at the principal office of LCH SA and on LCH
SA's Web site at http://www.lch.com/asset-classes/cdsclear. 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-LCH SA-2017-001 and
should be submitted on or before March 24, 2017.
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-04089 Filed 3-2-17; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 19 (Tuesday, January 29, 2013)]
[Notices]
[Pages 6154-6155]
[FR Doc No: 2013-01810]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-68707; File No. SR-NASDAQ-2012-090]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Designation of Longer Period for Commission Action on
Proceedings To Determine Whether To Approve or Disapprove Proposed Rule
Change To Amend Rule 4626--Limitation of Liability

 January 23, 2013.

I. Introduction

    On July 23, 2012, The NASDAQ Stock Market LLC (``Nasdaq'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to amend Exchange Rule 4626--Limitation of
Liability (``accommodation proposal''). The proposed rule change was
published for comment in the Federal Register on August 1, 2012.\3\ The
Commission received 11 comment letters on the accommodation proposal
\4\ and a response letter from Nasdaq.\5\ On September 12, 2012, the
Commission extended the time period in which to

either approve the accommodation proposal, disapprove the accommodation
proposal, or to institute proceedings to determine whether to approve
or disapprove the accommodation proposal, to October 30, 2012.\6\ On
October 26, 2012, the Commission instituted proceedings to determine
whether to approve or disapprove the accommodation proposal.\7\ The
Commission subsequently received six additional comment letters on the
accommodation proposal \8\ and a second response letter from Nasdaq.\9\
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 67507 (July 26,
2012), 77 FR 45706 (``Notice'').
    \4\ See letters to Elizabeth M. Murphy, Secretary, Commission,
from Sis DeMarco, Chief Compliance Officer, Triad Securities Corp.,
dated August 20, 2012 (``Triad Letter''); Eugene P. Torpey, Chief
Compliance Officer, Vandham Securities Corp., dated August 21, 2012
(``Vandham Letter''); John C. Nagel, Managing Director and General
Counsel, Citadel LLC, dated August 21, 2012 (``Citadel Letter'');
Benjamin Bram, Watermill Institutional Trading LLC, dated August 22,
2012 (``Bram Letter''); Daniel Keegan, Managing Director, Citigroup
Global Markets Inc., dated August 22, 2012 (``Citi Letter'');
Theodore R. Lazo, Managing Director and Associate General Counsel,
Securities Industry and Financial Markets Association, dated August
22, 2012 (``SIFMA Letter I''); Mark Shelton, Group Managing Director
and General Counsel, UBS Securities LLC, dated August 22, 2012
(``UBS Letter I''); Andrew J. Entwistle and Vincent R. Cappucci,
Entwistle & Cappucci LLP, dated August 22, 2012 (``Entwistle
Letter''); Douglas G. Thompson, Michael G. McLellan, and Robert O.
Wilson, Finkelstein Thompson LLP, Christopher Lovell, Victor E.
Stewart, and Fred T. Isquith, Lovell Stewart Halebian Jacobson LLP,
Jacob H. Zamansky and Edward H. Glenn, Zamansky & Associates LLC,
dated August 22, 2012 (``Thompson Letter I''); James J. Angel,
Associate Professor of Finance, Georgetown University, McDonough
School of Business, dated August 23, 2012 (``Angel Letter''); and
Leonard J. Amoruso, General Counsel, Knight Capital Group, Inc.,
dated August 29, 2012 (``Knight Letter'').
    \5\ See letter to Elizabeth M. Murphy, Secretary, Commission,
from Joan C. Conley, Senior Vice President and Corporate Secretary,
The NASDAQ Stock Market LLC, dated September 17, 2012 (``Nasdaq
Letter I'').
    \6\ See Securities Exchange Act Release No. 67842 (September 12,
2012), 77 FR 57171 (September 17, 2012).
    \7\ See Securities Exchange Act Release No. 68115 (October 26,
2012), 77 FR 66197 (November 2, 2012) (``Order Instituting
Proceedings'').
    \8\ See letters to Elizabeth M. Murphy, Secretary, Commission,
from John Robinson dated November 13, 2012 (``Robinson Letter'');
Theodore R. Lazo, Managing Director and Associate General Counsel,
Securities Industry and Financial Markets Association, dated
November 20, 2012 (``SIFMA Letter II''); Jeremy Abelson, MJA
Capital, dated November 21, 2012 (``Abelson Letter''); Douglas G.
Thompson, Michael G. McLellan, and Robert O. Wilson, Finkelstein
Thompson LLP, Christopher Lovell, Victor E. Stewart, and Fred T.
Isquith, Lovell Stewart Halebian Jacobson LLP, Jacob H. Zamansky and
Edward H. Glenn, Zamansky & Associates LLC, dated November 23, 2012
(``Thompson Letter II''); Tim Mann dated November 23, 2012 (``Mann
Letter''); Mark Shelton, Group Managing Director and General
Counsel, UBS Securities LLC, dated November 23, 2012 (``UBS Letter
II'').
    \9\ See letter to Elizabeth M. Murphy, Secretary, Commission,
from Joan C. Conley, Senior Vice President and Corporate Secretary,
The NASDAQ Stock Market LLC, dated December 7, 2012 (``Nasdaq Letter
II'').
---------------------------------------------------------------------------

    Section 19(b)(2) of the Act \10\ provides that, after initiating
disapproval proceedings, the Commission shall issue an order approving
or disapproving the proposed rule change not later than 180 days after
the date of publication of notice of filing of the proposed rule
change.\11\ The Commission may extend the period for issuing an order
approving or disapproving the proposed rule change, however, by not
more than 60 days if the Commission determines that a longer period is
appropriate and publishes the reasons for such determination.\12\ The
proposed rule change was published for notice and comment in the
Federal Register on August 1, 2012. January 28, 2013, is 180 days from
that date, and March 29, 2013, is 240 days from that date.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(2).
    \11\ 15 U.S.C. 78s(b)(2)(B)(ii)(I).
    \12\ 15 U.S.C. 78s(b)(2)(B)(ii)(II).
---------------------------------------------------------------------------

    The Commission finds it appropriate to designate a longer period
within which to issue an order approving or disapproving the proposed
rule change so that it has sufficient time to consider the
accommodation proposal, the issues raised in the comment letters that
have been submitted in response to the accommodation proposal,
including comment letters submitted in response to the Order
Instituting Proceedings, and the Exchange's responses to such comments.
    Accordingly, the Commission, pursuant to Section 19(b)(2) of the
Act,\13\ designates March 29, 2013 as the date by which the Commission
shall either approve or disapprove the proposed rule change (File No.
SR-NASDAQ-2012-090).
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
Kevin M. O'Neill,
Deputy Secretary.
---------------------------------------------------------------------------

    \14\ 17 CFR 200.30-3(a)(57).
---------------------------------------------------------------------------

[FR Doc. 2013-01810 Filed 1-28-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: January 18, 2006 (Volume 71, Number 11)]
[Notices]
[Page 2932-2933]
[DOCID:fr18ja06-44]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2005-0303; FRL-7755-9]

Notice of Filing of a Pesticide Petition for the Establishment of
an Exemption from the Requirement of a Tolerance for the Microbial
Pesticide Bacillus mycoides isolate J in or on Sugar Beets

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: This notice announces the initial filing of a pesticide
petition proposing the establishment of an exemption from the
requirement of a tolerance for the microbial pesticide Bacillus
mycoides isolate J in or on sugar beets.

DATES: Comments must be received on or before February 17, 2006.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2005-0303 and pesticide petition number (PP)
5G6983 by one of the following methods:
     http://www.regulations.gov/. Follow the on-line

instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>     Mail: Public Information and Records Integrity Branch
(PIRIB) (7502C), Office of Pesticide Programs (OPP), Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001.
     Hand Delivery: Public Information and Records Integrity
Branch (PIRIB) (7502C), Office of Pesticide Programs (OPP),
Environmental Protection Agency, Rm. 119, Crystal Mall 2, 1801
S. Bell St., Arlington, VA, Attention: Docket ID number EPA-HQ-OPP-
2005-0303. The docket facility is open from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal holidays. The telephone number for the
docket facility is<PHONE_NUMBER>. Such deliveries are only accepted
during the Docket's normal hours of operation, and special arrangements
should be made for deliveries of boxed information.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2005-0303. EPA's policy is that all comments received will be included
in the public docket without change and may be made available on-line
at http://www.regulations.gov/, including any personal information

provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov

or e-mail. The http://www.regulations.gov website is an ``anonymous access''

system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an e-mail comment directly to EPA without going through
http://www.regulations.gov, your e-mail address will be captured automatically

and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment and with any disk or CD ROM you
submit. If EPA cannot read your comment due to technical difficulties
and cannot contact you for clarification, EPA may not be able to
consider your comment. Electronic files should avoid the use of special
characters, any form of encryption, and be free of any defects or
viruses. For additional information about EPA's public docket, visit
the EPA Docket Center homepage at http://www.epa.gov/epahome/docket.htm/
.

    Docket: All documents in the docket are listed in the
http://www.regulation.gov index. Although listed in the index, some

information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the Public Information and

Records Integrity Branch (PIRIB) (7502C), Office of Pesticide Programs
(OPP), Environmental Protection Agency, Rm. 119, Crystal Mall
2, 1801 S. Bell St., Arlington, VA. The docket facility is
open from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the docket facility is (703) 305-
5805.

FOR FURTHER INFORMATION CONTACT: Anne Ball, Biopesticides and Pollution
Prevention Division, (7511C), Office of Pesticide Programs, U. S.
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001;<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>
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 code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American

Industrial Classification System (NAICS) codes have been provided to
assist you and others in determining whether this action might apply to
certain entities. If you have any questions regarding the applicability
of this action to a particular entity, consult the person listed under
FOR FURTHER INFORMATION CONTACT.

B. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
http://www.regulations.gov or e-mail. Clearly mark the part or all of the

information that you claim to be CBI. For CBI information in a disk or
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments,
remember to:
     Identify the document by docket ID number and other
identifying information (subject heading, Federal Register date and
page number).
     Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
     Explain why you agree or disagree; suggest alternatives
and substitute language for your requested changes.
     Describe any assumptions and provide any technical
information and/or data that you used.
     If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
     Provide specific examples to illustrate your concerns, and
suggest alternatives.
     Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
     Make sure to submit your comments by the comment period
deadline identified.II. What Action is the Agency Taking?
    EPA is printing a summary of a pesticide petition received under
section 408 of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21
U.S.C. 346a, proposing the establishment or amendment of regulations in
40 CFR part 180 for residues of pesticide chemicals in or on various
food commodities. EPA has determined that this pesticide petition
contains data or information regarding the elements set forth in FFDCA
section 408(d)(2); however, EPA has not fully evaluated the sufficiency
of the submitted data at this time or whether the data support granting
of the pesticide petition. Additional data may be needed before EPA
rules on this pesticide petition.
    Pursuant to 40 CFR 180.7(f), a summary of the petition included in
this notice, prepared by the petitioner along with a description of the
analytical method available for the detection and measurement of the
pesticide chemical residues is available on EPA's Electronic Docket at
http://www.regulations.gov/. To locate this information on the home

page of EPA's Electronic Docket, select ``Quick Search'' and type the
OPP docket ID number. Once the search has located the docket, clicking
on the ``Docket ID'' will bring up a list of all documents in the
docket for the pesticide including the petition summary.

New Exemption from Tolerance

    PP 5G6983. Montana Microbial Products, 510 East Kent Ave.,
Missoula, MT 59801, proposes to establish an exemption from the
requirement of a tolerance for residues of the microbial pesticide
Bacillus mycoides isolate J, in or on the food commodity sugar beets.
Because this petition is a request for an exemption from the
requirement of a tolerance without numerical limitations, no analytical
method is required.

List of Subjects

    Environmental protection, Agricultural commodities, Feed additives,
Food additives, Pesticides and pests, Reporting and recordkeeping
requirements.

    Dated: January 6, 2006.
Phillip Hutton,
Acting Director, Biopesticides and Pollution Prevention Division,
Office of Pesticide Programs.

[FR Doc. E6-468 Filed 1-17-06; 8:45 am]

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[Federal Register: February 13, 2008 (Volume 73, Number 30)]
[Rules and Regulations]
[Page 8194-8197]
[DOCID:fr13fe08-9]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2007-1002; FRL-8521-5]

Approval and Promulgation of Air Quality Implementation Plans;
State of Colorado; Regulation No. 7, Section XII, Volatile Organic
Compounds From Oil and Gas Operations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve a State
Implementation Plan (SIP) revision submitted by the State of Colorado.
On August 3, 2007, the Governor's designee submitted revisions to
Colorado's Regulation No. 7, ``Emissions of Volatile Organic
Compounds,'' Section XII, ``Volatile Organic Compounds (VOC) From Oil
and Gas Operations.'' EPA is approving the revisions to Regulation No.
7, Section XII. This action is being taken under Section 110 of the
Clean Air Act.

DATES: This direct final rule is effective on April 14, 2008 without
further notice, unless EPA receives adverse comment by March 14, 2008.
If adverse comment is received, EPA will publish a timely withdrawal of
the direct final rule in the Federal Register informing the public that
the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket Number EPA-R08-
OAR-2007-1002, by one of the following methods:
     http://www.regulations.gov. Follow the on-line

instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>and<EMAIL_ADDRESS>
     Fax:<PHONE_NUMBER> (please alert the individual listed in
the FOR FURTHER INFORMATION CONTACT if you are faxing comments).
     Mail: Callie A. Videtich, Director, Air and Radiation
Program, Environmental Protection Agency (EPA), Region 8, Mailcode 8P-
AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129.
     Hand Delivery: Callie A. Videtich, Director, Air and
Radiation Program, Environmental Protection Agency (EPA), Region 8,
Mailcode 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129. Such
deliveries are only accepted Monday through Friday, 8 a.m. to 4:30
p.m., excluding Federal holidays. Special arrangements should be made
for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R08-OAR-
2007-1002. EPA's policy is that all comments received will be included
in the public docket without change and may be made available at http://www.regulations.gov
, including any personal information provided,

unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site is an ``anonymous

access'' system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an e-mail comment directly to EPA, without going through http://www.regulations.gov
 your e-mail address will be automatically captured

and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment and with any disk or CD-ROM you
submit. If EPA cannot read your comment due to technical difficulties
and cannot contact you for clarification, EPA may not be able to
consider your comment. Electronic files should avoid the use of special
characters, any form of encryption, and be free of any defects or
viruses. For additional information about EPA's public docket, visit
the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
 For additional instructions on submitting comments, go to

Section I. General Information of the SUPPLEMENTARY INFORMATION section
of this document.
    Docket: All documents in the docket are listed in the http://www.regulations.gov
 index. Although listed in the index, some

information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the Air and Radiation

Program, Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop
Street, Denver, Colorado 80202-1129. EPA requests that if at all
possible, you contact the individual listed in the FOR

FURTHER INFORMATION CONTACT section to view the hard copy of the
docket. You may view the hard copy of the docket Monday through Friday,
8 a.m. to 4 p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Kerri Fiedler, Air and Radiation
Program, Environmental Protection Agency (EPA), Region 8, Mailcode 8P-
AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129, phone (303) 312-
6493, and e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Contents

I. General Information
II. What is the purpose of this action?
III. What is the State's process to submit these materials to EPA?
IV. EPA's Evaluation of the Regulation No. 7, Section XII, Revisions
V. Consideration of Section 110(l) of the CAA
VI. Final Action
VII. Statutory and Executive Order Reviews

Definitions

    For the purpose of this document, we are giving meaning to certain
words or initials as follows:
    (i) The words or initials Act or CAA mean or refer to the Clean Air
Act, unless the context indicates otherwise.
    (ii) The words EPA, we, us or our mean or refer to the United
States Environmental Protection Agency.
    (iii) The initials NAAQS mean National Ambient Air Quality
Standard.
    (iv) The initials SIP mean or refer to State Implementation Plan.
    (v) The word State means the State of Colorado, unless the context
indicates otherwise.

I. General Information

A. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
http://regulations.gov or e-mail. Clearly mark the part or all of the

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

II. What is the purpose of this action?

    In this action, we are approving revisions to Regulation No. 7,
Section XII, for the control of VOC emissions from oil and gas
operations. James B. Martin, the Executive Director of the Colorado
Department of Public Health and Environment, submitted these revisions
to us on August 3, 2007.
    We previously approved Regulation No. 7, Section XII, on August 19,
2005 (see 70 FR 48652) as part of Denver's Early Action Compact (EAC)
SIP for the 8-hour ozone standard. The purpose of the EAC SIP is to
prevent exceedances of the 8-hour ozone standard in the Denver EAC
area.\1\ Due to unanticipated growth of condensate tank emissions in
the oil and gas sector, the State determined that the version of
Regulation No. 7, Section XII, that we approved in 2005 needed to be
revised. The version of Regulation No. 7, Section XII, submitted August
3, 2007 requires a greater level of control of condensate tank
emissions in the 8-hour ozone non-attainment area.
---------------------------------------------------------------------------

    \1\ In April 2004, EPA designated the Denver area (Adams,
Arapahoe, Boulder, Broomfield, Denver, Douglas, Jefferson, and parts
of Larimer and Weld counties) as non-attainment for the 8-hour ozone
standard, but deferred the effective date of the designation based
on a commitment from the State of Colorado, the Regional Air Quality
Council and others to implement ozone control measures sooner than
required by the Clean Air Act. This commitment was contained in the
Denver Early Action Compact (EAC). The non-attainment designation
for the area became effective November 20, 2007, as a result of a
violation for 2005-2007, which triggers requirements for future
revisions to the attainment demonstration SIP for the Denver EAC
area.
---------------------------------------------------------------------------

III. What is the State's process to submit these materials to EPA?

    Section 110(k) of the CAA addresses our actions on submissions of
SIP revisions. The CAA requires States to observe certain procedural
requirements in developing SIP revisions. Section 110(a)(2) of the CAA
requires that each SIP revision be adopted by a State after reasonable
notice and public hearing. This must occur before a State submits the
revision to us.
    The Colorado Air Quality Control Commission (AQCC) held public
hearings for the revisions to Regulation No. 7, Section XII, on
November 17, 2006, November 18, 2006, and December 17, 2006. The AQCC
adopted the revisions on January 5, 2007. The revisions became State
effective on March 4, 2007.
    We have evaluated the revisions to Regulation No. 7, Section XII,
and have determined that the State met the requirements for reasonable
notice and public hearing under section 110(a)(2) of the CAA.

IV. EPA's Evaluation of the Regulation No. 7, Section XII, Revisions

    Colorado's Regulation No. 7, Section XII, ``Volatile Organic
Compound Emissions From Oil And Gas Operations,'' imposes emission
control requirements on oil and gas condensate tanks located in the
Denver EAC area, with the majority of affected facilities being located
in southern Weld County. Among other things, Regulation No. 7, Section
XII, includes definitions; required emission reductions for the high
ozone season and rest of the year; numerous recordkeeping requirements
for a spreadsheet to determine weekly and other periodic compliance;
emission factors used to demonstrate compliance; reporting requirements
for certain equipment if a construction or Title V permit is issued by
the State; a methodology for approval of alternative emissions control
equipment; requirements for gas-processing plants; requirements for
controlling emissions from dehydration units; and a methodology for
approval to develop testing methods and revised emission factors.
    The condensate tank requirements, along with other requirements
applicable to oil and gas operations and natural gas fired
reciprocating internal combustion engines, were initially promulgated
in March 2004, and later

revised in December 2004. Colorado submitted these requirements to us
as a SIP revision, which we approved on August 19, 2005 (see 70 FR
48652). Colorado designed the emission limits in the 2004 revision of
Regulation No. 7, Section XII, to achieve total condensate tank VOC
emissions in the Denver EAC area during the summer ozone season of no
more than 91.3 tons per day (tpd) as of May 1, 2007, and 100.9 tpd as
of May 1, 2012. These daily values were relied on to demonstrate
attainment of the 8-hour ozone standard in the modeling analysis, as
part of the EAC SIP. However, because of unanticipated growth of
condensate tank emissions, the State later determined that the emission
limits in the 2004 version of Regulation No. 7 would be insufficient to
meet these daily emission numbers. The 2007 revisions require a greater
level of control of condensate tank emissions within the 8-hour ozone
non-attainment area boundary. The State's goal remains to achieve the
same daily emission targets for condensate tank VOC emissions.
    We note that the VOC emission reductions that are required by
Regulation No. 7, Section XII, are achieved not by specific
requirements on each condensate tank, but instead by overall or system-
wide emission reductions for each affected company's operations. As
stated in Regulation No. 7, Section XII, the requirement to control
emissions applies to owners or operators of condensate tanks with a
cumulative total of 30 tons per year or more of VOC emissions. In
practice, industry has controlled the condensate tank VOC emissions
with flares or vapor recovery units, and Regulation No. 7, Section XII,
requires these types of emission control devices to achieve 95% control
efficiency.
    Revised Regulation No. 7, Section XII, raises the system-wide
control requirements for the ozone season from the 47.5% VOC reduction
requirement that applied from May 1, 2006, through September 30, 2006,
to 75% from May 1 through September 30 of each year from 2007 through
2011. For the period from May 1 through September 30 of each year,
beginning with 2012, VOC emissions from condensate tanks must be
reduced by 78% from uncontrolled actual emissions. Determination of
compliance during the ozone season will be on a weekly basis. For the
non-ozone season, the State revised the required reduction of
condensate tank VOC emissions from 38% to 60% in 2007, and beginning in
2008, and each year thereafter, VOC emissions between October 1 and
April 30 must be reduced by 70% from uncontrolled actual emissions.
Emission reductions during the non-ozone season must be calculated as
an average of the emission reductions achieved during this seven-month
period.
    In addition to the changes to the system-wide reduction
requirements, the State adopted significant changes to the monitoring,
recordkeeping, and reporting requirements. Owners or operators of any
condensate storage tank that is being controlled under Regulation No.
7, Section XII, must inspect or monitor the control equipment at least
weekly. Types of equipment include combustion devices, vapor recovery
units, valves, and thief hatches. As noted above, the record-keeping
provisions require owners or operators to maintain a spreadsheet to
track emission reductions on a weekly basis during the ozone season
(May 1 through September 30). In addition to the spreadsheet, owners or
operators are required to maintain records of monitoring and inspection
activities. The reporting provisions require owners or operators to
submit an annual report by April 30 of each year, and also a semi-
annual report by November 30 of each year, detailing emission
reductions during the preceding year and ozone season, respectively.
Finally, provisions have been added to require owners or operators
subject to the condensate storage tank reduction requirements to submit
a list of all their controlled tanks on April 30 of each year; to
notify the State monthly during the ozone season of any change to the
list of controlled tanks; and to notify the State monthly of any
instance where the air pollution control equipment was not properly
functioning and the steps taken to correct the problem. We have
reviewed and are approving the revisions to Regulation No. 7, Section
XII, ``Volatile Organic Compounds From Oil and Gas Operations'' because
they require greater reductions in emissions and meet the requirements
of section 110 of the CAA.

V. Consideration of Section 110(l) of the CAA

    Section 110(l) of the CAA states that a SIP revision cannot be
approved if the revision would interfere with any applicable
requirement concerning attainment and reasonable further progress
towards attainment of a NAAQS, or any other applicable requirement of
the CAA. The revisions to Regulation No. 7, Section XII, will not
interfere with attainment, reasonable further progress, or any other
applicable requirement of the CAA.

VI. Final Action

    In this action, EPA is approving the revisions to Regulation No. 7,
Section XII, that were submitted on August 3, 2007. The version of
Section XII we are approving supersedes and replaces the prior version
we approved at 70 FR 48652 (August 19, 2005). EPA is publishing this
rule without prior proposal because the Agency views this as a non-
controversial amendment and anticipates no adverse comments. However,
in the ``Proposed Rules'' section of today's Federal Register
publication, EPA is publishing a separate document that will serve as
the proposal to approve the SIP revision if adverse comments are filed.
This rule will be effective April 14, 2008 without further notice
unless the Agency receives adverse comments by March 14, 2008. If the
EPA receives adverse comments, EPA will publish a timely withdrawal in
the Federal Register informing the public that the rule will not take
effect. EPA will address all public comments in a subsequent final rule
based on the proposed rule. The EPA will not institute a second comment
period on this action. Any parties interested in commenting must do so
at this time. Please note that if EPA receives adverse comment on an
amendment, paragraph, or section of this rule and if that provision may
be severed from the remainder of the rule, EPA may adopt as final those
provisions of the rule that are not the subject of an adverse comment.

VII. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and, therefore, is
not subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it does not contain any unfunded mandate or significantly or
uniquely affect small

governments, as described in the Unfunded Mandates Reform Act of 1995
(Pub. L. 104-4).
    This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have Federalism
implications because it does not 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, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This action merely approves a state rule
implementing a Federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the Clean
Air Act. This rule also is not subject to Executive Order 13045
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it is not economically
significant.
    In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. 801 et 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 the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by April 14, 2008. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2).)

List of Subjects 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: January 15, 2008.
Robert E. Roberts,
Regional Administrator, Region VIII.

0
40 CFR part 52 is amended to read as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart G--Colorado

0
2. Section 52.320 is amended by adding paragraph (c)(112) to read as
follows:

Sec.  52.320  Identification of plan.

* * * * *
    (c) * * *
    (112) On August 3, 2007, the Governor of Colorado submitted
revisions to the Colorado's Regulation No. 7 ``Emissions of Volatile
Organic Compounds'' that made several changes and additions to Section
XII, ``Volatile Organic Compound Emissions From Oil and Gas
Operations.''
    (i) Incorporation by reference.
    (A) Regulation No. 7 ``Emissions of Volatile Organic Compounds,'' 5
CCR 1001-9, Section XII, ``Volatile Organic Compound Emissions From Oil
and Gas Operations,'' effective on March 4, 2007.

[FR Doc. E8-2512 Filed 2-12-08; 8:45 am]

BILLING CODE 6560-50-P