[Federal Register Volume 86, Number 210 (Wednesday, November 3, 2021)]
[Rules and Regulations]
[Pages 60557-60560]
[FR Doc No: 2021-24008]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0882; Project Identifier MCAI-2021-00929-Q;
Amendment 39-21780; AD 2021-22-07]
RIN 2120-AA64

Airworthiness Directives; Umlaut Engineering GmbH (Previously P3
Engineering GmbH) HAFEX (Halon-Free) Hand-Held Fire Extinguishers

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Umlaut Engineering GmbH (previously P3 Engineering GmbH) HAFEX
(Halon-free) hand-held fire extinguishers (fire extinguishers).This AD
was prompted by a report of a safety issue on certain fire
extinguishers, where certain environmental factors may prohibit the
discharge of the fire extinguisher. This AD requires repetitively
inspecting the fire extinguisher, and depending on the results,
removing the fire extinguisher from service. This AD also prohibits
installing an affected fire extinguisher unless it passes the required
inspections. The FAA is issuing this AD to address the unsafe condition
on these products.

DATES: This AD becomes effective November 18, 2021.
    The Director of the Federal Register approved the incorporation by
reference of a certain document listed in this AD as of November 18,
2021.
    The FAA must receive comments on this AD by December 20, 2021.

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 https://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: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this final rule, contact
Umlaut Engineering GmbH, Blohmstrasse 12, 21079 Hamburg, Germany;
telephone: +49 (0) 551-19240; email: [email protected]; or web: https://www.umlaut.com/hafex. You may view this service information at the FAA,
Office of the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy.,
Room 6N-321, Fort Worth, TX 76177. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>. Service information
that is incorporated by reference is also available at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0882.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0882; 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,
European Union Aviation Safety Agency (EASA) AD, any comments received,
and other information. The street address for Docket Operations is
listed above.

FOR FURTHER INFORMATION CONTACT: Hal Jensen, Aerospace Engineer,
Operational Safety Branch, Compliance & Airworthiness Division, FAA,
950 L'Enfant Plaza N SW, Washington, DC 20024; telephone (202) 267-
9167; email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    EASA, which is the Technical Agent for the Member States of the
European Union, has issued a series of ADs, the most recent being EASA
AD 2021-0185R1, dated August 11, 2021 (EASA AD 2021-0185R1), to correct
an unsafe condition for Umlaut Engineering GmbH, formerly P3
Engineering GmbH, fire extinguishers, having part number (P/N)
P3APP003010A, P/N P3APP003010B, or P/N P3APP003010C. EASA advises of a
safety issue that has been reported on the affected fire extinguishers
where certain environmental conditions may prohibit discharge of the
fire extinguisher. An investigation has determined that prolonged
exposure to high temperature conditions can dislodge the spindle in the
fire extinguisher head, subsequently making the fire extinguisher
inoperative. This condition, if not addressed, could prevent proper
extinguishing of a fire in the cabin or cockpit, possibly resulting in
damage to the aircraft and injury to the occupants.
    Initially, EASA issued EASA AD 2021-0185, dated August 5, 2021
(EASA AD 2021-0185), which required repetitive inspections of each
affected

fire extinguisher, and, depending on findings, replacement with a
serviceable part, as identified in EASA AD 2021-0185. EASA AD 2021-0185
also required inspection of an affected fire extinguisher prior to the
return to service of an aircraft with an affected part installed if the
aircraft had been parked or stored for a period of 30 days or more.
EASA AD 2021-0185 also required inspection of an affected fire
extinguisher prior to installation on any aircraft.
    EASA later issued EASA AD 2021-0185R1 to revise EASA AD 2021-0185.
EASA AD 2021-0185R1 contains the same requirements, clarifies some
nomenclature, removes the Group definitions and references, and adds
Note 3 to clarify the parts prohibition.

FAA's Determination

    These products have been approved by EASA and are approved for
operation in the United States. Pursuant to the FAA's bilateral
agreement with the European Union, EASA has notified the FAA about the
unsafe condition described in its AD. The FAA is proposing this AD
after evaluating all known relevant information and determining that
the unsafe condition described previously is likely to exist or develop
on other products.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Umlaut Vendor Service Bulletin (VSB) Doc. No.
P3VSB000003, Issue C, dated August 3, 2021 (VSB P3VSB000003, Issue C).
This service information specifies procedures for identifying affected
fire extinguishers with P/N P3APP003010A, P3APP003010B, or
P3APP003010C. VSB P3VSB000003, Issue C, also specifies procedures for
inspecting and depending on the results, replacing affected fire
extinguishers.
    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.

Other Related Service Information

    The FAA also reviewed Umlaut VSB Doc. No. P3VSB000003, Issue A,
dated May 10, 2021 (VSB P3VSB000003, Issue A), and Issue B, dated July
14, 2021 (VSB P3VSB000003, Issue B). VSB P3VSB000003, Issue A, and VSB
P3VSB000003, Issue B, specify the same procedures as VSB P3VSB000003,
Issue C, except VSB P3VSB000003, Issue B updated the introductory
information of the Accomplishment Instructions, revised the
determination/evaluation of the aircraft/equipment history procedures,
and clarified reporting procedures; and VSB P3VSB000003, Issue C, adds
more in-depth inspection procedures.

AD Requirements

    This AD requires within 30 days after the effective date of this
AD, and thereafter at intervals not to exceed 6 months, repetitively
inspecting an affected fire extinguisher and depending on the results,
removing the fire extinguisher from service. For an affected fire
extinguisher that is installed on any aircraft that has not been in
operation for 30 or more consecutive days, or if it cannot be
determined how long an aircraft has not been in operation, this AD
requires those actions before further flight and thereafter at
intervals not to exceed 6 months. This AD also prohibits installing, as
a replacement part or as an original installation, an affected fire
extinguisher on any aircraft unless it passes the required inspections.

Differences Between This AD and the EASA AD

    If it cannot be determined how long an aircraft (with an affected
fire extinguisher installed) has not been in operation, this AD
requires inspecting each affected fire extinguisher before further
flight, whereas EASA AD 2021-0185R1 does not.

Justification for Immediate Adoption and Determination of the Effective
Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and
comment procedures for rules when the agency, for ``good cause,'' finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' Under this section, an agency, upon finding good
cause, may issue a final rule without providing notice and seeking
comment prior to issuance. Further, section 553(d) of the APA
authorizes agencies to make rules effective in less than thirty days,
upon a finding of good cause.
    An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies foregoing notice and comment prior to adoption of this rule
because the initial inspection of the fire extinguisher must be
accomplished within 30 days after the effective date of this AD.
Accordingly, notice and opportunity for prior public comment are
impracticable and contrary to the public interest pursuant to 5 U.S.C.
553(b)(3)(B).
    In addition, the FAA finds that good cause exists pursuant to 5
U.S.C. 553(d) for making this amendment effective in less than 30 days,
for the same reasons the FAA found good cause to forego notice and
comment.

Comments Invited

    The FAA invites you to send any written data, views, or arguments
about this final rule. Send your comments to an address listed under
ADDRESSES. Include ``Docket No. FAA-2021-0882; Project Identifier MCAI-
2021-00929-Q'' at the beginning of your comments. The most helpful
comments reference a specific portion of the final rule, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this final rule because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this final rule.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this AD contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this AD, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this AD. Submissions containing CBI should be sent to Hal
Jensen, Aerospace Engineer, Operational Safety Branch, Compliance &
Airworthiness Division, FAA, 950 L'Enfant Plaza N SW, Washington, DC
20024; telephone<PHONE_NUMBER>; email [email protected]. Any
commentary that the FAA receives which is not specifically designated
as CBI will be placed in the public docket for this rulemaking.

Regulatory Flexibility Act

    The requirements of the Regulatory Flexibility Act (RFA) do not
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt
a rule without prior notice and comment. Because the FAA has determined
that it has good cause to adopt this rule without prior notice and
comment, RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects up to 2,850 fire
extinguishers installed on aircraft of U.S. registry. Labor rates are
estimated at $85 per work-hour. Based on these numbers, the FAA
estimates the following costs to comply with this AD.
    Inspecting an affected fire extinguisher would take about 0.25
work-hour for an estimated cost of $21 per fire extinguisher, and up to
$59,850 for the U.S. fleet, per inspection cycle. Replacing an affected
fire extinguisher would take about 0.25 work-hour and parts would cost
about $1,200 for an estimated cost of $1,221 per fire extinguisher.

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

    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, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866, and
    (2) Will not affect intrastate aviation in Alaska.

List of Subjects in 14 CFR Part 39

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

The Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2021-22-07 Umlaut Engineering GmbH (previously P3 Engineering GmbH)
HAFEX (Halon-free) Hand-Held Fire Extinguishers: Amendment 39-21780;
Docket No. FAA-2021-0882; Project Identifier MCAI-2021-00929-Q.

(a) Effective Date

    This airworthiness directive (AD) is effective November 18,
2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Umlaut Engineering GmbH (previously P3
Engineering GmbH) HAFEX (Halon-free) hand-held fire extinguisher
(fire extinguisher) part numbers (P/Ns) P3APP003010A, P3APP003010B,
and P3APP003010C. An affected fire extinguisher may be installed on,
but not limited to, the following aircraft, certificated in any
category:
    Note 1 to the introductory text of paragraph (c): According to
Umlaut service information, the fire extinguisher P/N is on the RFID
label located on the lever of the fire extinguisher.
    (1) Airbus SAS Model A318 series, A319 series, A320 series, A321
series, A330-200 series, A330-200 freighter series, A330-300 series,
A330-800 series, A330-900 series, A340-200 series, A340-300 series,
A340-500 series, A340-600 series, and A350-941, AS350-1041, A380-
841, A380-842, and A380-861 airplanes;
    (2) Airbus Helicopters Model AS332C, AS332C1, AS332L, AS332L1,
AS332L2, AS-365N2, AS 365 N3, EC 155B, EC155B1, EC225LP, SA330J, SA-
365C, SA-365C1, SA-365C2, SA-365N, SA-365N1, and SA-366G1
helicopters;
    (3) Airbus Helicopters Deutschland GmbH (AHD) Model EC135P1,
EC135P2, EC135P2+, EC135P3, EC135T1 EC135T2, EC135T2+, EC135T3, MBB-
BK 117 A-1, MBB-BK 117 A-3, MBB-BK 117 A-4, MBB-BK 117 B-1, MBB-BK
117 B-2, MBB-BK 117 C-1, MBB-BK 117 C-2, MBB-BK 117 D-2, and MBB-BK
117 D-3 helicopters;
    Note 2 to paragraph (c)(3): Helicopters with an EC135P3H
designation are Model EC135P3 helicopters; and helicopters with an
MBB-BK 117C-2e designation are Model MBB-BK 117C-2 helicopters.
    (4) ATR--GIE Avions de Transport R[eacute]gional Model ATR42-
200, ATR42-300, ATR42-320, ATR42-500, ATR72-101, ATR72-102, ATR72-
201, ATR72-202, ATR72-211, ATR72-212, and ATR72-212A airplanes;
    (5) Leonardo S.p.a. Model AB139, AB412, AB412 EP, AW139, AW169,
and AW189 helicopters; and
    (6) PZL Swidnik S.A. Model PZL W-3A helicopters.

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 2622, Fire Bottle,
Portable.

(e) Unsafe Condition

    This AD defines the unsafe condition as an impaired fire
extinguisher, which could prevent proper extinguishing of a fire in
the cabin or cockpit, and result in subsequent damage to the
aircraft and injury to the occupants.

(f) Compliance

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

(g) Required Actions

    (1) Within 30 days after the effective date of this AD and
thereafter at intervals not to exceed 6 months:
    (i) Inspect each fire extinguisher identified in the
introductory paragraph of paragraph (c) of this AD by following the
Accomplishment Instructions, paragraph 3.2.C., steps 1. through 5.
(but not steps 5.a. and b.), of Umlaut Vender Service Bulletin (VSB)
Doc. No. P3VSB000003, Issue C, dated August 3, 2021 (P3VSB000003,
Issue C).
    (ii) If the safety pin does not touch the valve head (there is a
gap), continue to inspect the fire extinguisher by following the
Accomplishment Instructions, paragraph 3.2.C., steps 6. through 8.
(but not steps 8.a. and b.), of P3VSB000003, Issue C.
    (iii) If the lever moves back up into its previous position on
its own (there is a gap), before further flight, remove the fire
extinguisher from service.
    (2) As of the effective date of this AD, for a fire extinguisher
identified in the introductory text of paragraph (c) of this AD,
installed on any aircraft that has not been in operation for 30 or
more consecutive days, or if it cannot be determined how long an
aircraft has not been in operation, before further flight, and
thereafter at intervals not to exceed 6 months, accomplish the
actions required by paragraphs (g)(1)(i) through (iii) of this AD.
For purposes of this AD, an engine run-up does not count as aircraft
operation.
    (3) As of the effective date of this AD, do not install as a
replacement part or as an

original installation a fire extinguisher identified in the
introductory text of paragraph (c) of this AD on any aircraft,
unless the actions required by paragraphs (g)(1)(i) through (iii) of
this AD have been accomplished.

(h) Credit for Previous Actions

    This paragraph provides credit for the initial instance of the
actions required by paragraph (g)(1) of this AD if those actions
were accomplished before the effective date of this AD using Umlaut
VSB Doc. No. P3VSB000003, Issue A, dated May 10, 2021, or Umlaut VSB
Doc. No. P3VSB000003, Issue B, dated July 14, 2021.

(i) Special Flight Permits

    A special flight permit may be permitted provided that there are
no passengers onboard.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, International Validation 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 manager of the International Validation Branch, send
it to the attention of the person identified in paragraph (k)(1) of
this AD. Information may be emailed to: [email protected].
    (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.

(k) Related Information

    (1) For more information about this AD, contact Hal Jensen,
Aerospace Engineer, Operational Safety Branch, Compliance &
Airworthiness Division, FAA, 950 L'Enfant Plaza N SW, Washington, DC
20024; telephone<PHONE_NUMBER>; email [email protected].
    (2) Umlaut VSB Doc. No. P3VSB000003, Issue A, dated May 10,
2021, and Issue B, dated July 14, 2021, which are not incorporated
by reference, contain additional information about the subject of
this AD. This service information is available at the contact
information specified in paragraphs (l)(3) and (4) of this AD.
    (3) The subject of this AD is addressed in European Union
Aviation Safety Agency (EASA) AD 2021-0185R1, dated August 11, 2021.
You may view the EASA AD at https://www.regulations.gov in Docket
No. FAA-2021-0882.

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Umlaut Vendor Service Bulletin Doc. No. P3VSB000003, Issue
C, dated August 3, 2021.
    (ii) [Reserved]
    (3) For Umlaut service information identified in this AD,
contact Umlaut Engineering GmbH, Blohmstrasse 12, 21079 Hamburg,
Germany; telephone: +49 (0) 551-19240; email: [email protected]; or
web: https://www.umlaut.com/hafex.
    (4) You may view this service information at the FAA, Office of
the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room
6N-321, Fort Worth, TX 76177. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email: [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on October 15, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification
Service.
[FR Doc. 2021-24008 Filed 10-29-21; 4:15 pm]
BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 59 (Tuesday, March 28, 2023)]
[Rules and Regulations]
[Pages 18225-18227]
[FR Doc No: 2023-06385]

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Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.

========================================================================

Federal Register / Vol. 88, No. 59 / Tuesday, March 28, 2023 / Rules
and Regulations

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2023-0040]
RIN 1625-AA08

Special Local Regulation; Bonita Tideway, Brigantine, NJ

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary special local
regulation for the navigable waters of the Bonita Tideway near
Brigantine, NJ. This action is needed to provide for the safety of life
on these navigable waters during a rowing regatta on April 1, 2023, and
April 2, 2023. This rule prohibits persons and vessels from being in
the regulated area during the enforcement period unless authorized
entry by the Captain of the Port (COTP), Delaware Bay, or a designated
representative.

DATES: This rule is effective from 4 p.m. on April 1, 2023, through
12:30 p.m. on April 2, 2023.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0040 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email MST1 Dylan Caikowski, Waterways Management Division,
Sector Delaware Bay, U.S. Coast Guard; telephone<PHONE_NUMBER>, email
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On December 19, 2022, Stockton University notified the Coast Guard
that it will be hosting a collegiate rowing regatta amongst six
universities on April 1, 2023, and April 2, 2023. The rowing regatta
will be held in Bonita Tideway in Brigantine, NJ, between 34th Street
and Brigantine Boulevard and the Brigantine Yacht Club. In response, on
January 27, 2023, the Coast Guard published a notice of proposed
rulemaking (NPRM) titled Special Local Regulation; Bonita Tideway,
Brigantine, NJ (88 FR 5289). There, we stated why we issued the NPRM,
and invited comments on our proposed regulatory action related to this
rowing regatta. We received no comments during the comment period,
which ended February 27, 2023.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable because the special local regulation
needs to be in effect by April 1, 2023 to ensure the safety of
participants and waterway users before, during, and after the scheduled
rowing regatta.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70041. The COTP has determined that the rowing regatta could pose a
risk to participants or waterway users if normal vessel traffic were to
interfere with the event. Possible hazards include risks of participant
injury or death from near or actual collisions with non-participant
vessels traversing through the regulated area.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published
January 27, 2023. There are no changes in the regulatory text of this
rule from the proposed rule in the NPRM.
    This rule establishes a special local regulation from 4 p.m. on
April 1, 2023, until 12:30 p.m. on April 2, 2023. The special local
regulation will be enforced from 4 p.m. to 6:30 p.m. on April 1, 2023,
and from 8:30 a.m. to 12:30 p.m. on April 2, 2023. The regulated area
covers all navigable waters of Bonita Tideway in Brigantine, NJ, within
a polygon bounded by the following: originating on the northern portion
at approximate position latitude 39[deg]24'33'' N., longitude
074[deg]22'28'' W.; thence southwest across the Bonita Tideway to the
shoreline to latitude 39[deg]24'22'' N., longitude 074[deg]22'49'' W.;
thence southwest along the shoreline to latititude 39[deg]23'49'' N.,
longitude 074[deg]23'33'' W.; thence across the Bonita Tideway to the
shoreline at latitude 39[deg]23'43'' N., longitude 074[deg]23'33''W.;
thence north along the shoreline to the point of origin. The duration
of the zone is intended to ensure the safety of participants and
waterway users before, during, and after the scheduled rowing regatta.
No vessel or person will be permitted to enter the regulated area
without obtaining permission from the COTP or a designated
representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
    This regulatory action determination is based on the size and
duration of the regulated area, which would impact a small designated
area of the Bonita Tideway. Vessels will be able to transit the
regulated area during the enforcement period as directed by the Event
Patrol Commander (PATCOM) or official patrol vessel.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended,

requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received 0 comments from the Small Business
Administration on this rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have a significant economic
impact on a substantial number of small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves a
special local regulation lasting only 7 hours over 2 days that will
prohibit or restrict entry within the regulated area during a rowing
regatta. It is categorically excluded from further review under
paragraph L61 of Appendix A, Table 1 of DHS Instruction Manual 023-01-
001-01, Rev. 1. A Record of Environmental Consideration supporting this
determination is available in the docket. For instructions on locating
the docket, see the ADDRESSES section of this preamble.

G. Protest Activities

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

List of Subjects in 33 CFR Part 100

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

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.

0
2. Add Sec.  100.T599-0040 to read as follows:

Sec.  100.T599-0040  Special Local Regulation; Bonita Tideway,
Brigantine, NJ.

    (a) Regulated area. All navigable waters of the Bonita Tideway in
Brigantine, NJ, within the polygon bounded by the following:
originating on the northern portion at approximate position latitude
39[deg]24'33'' N, longitude 074[deg]22'28'' W; thence southwest across
the Bonita Tideway to the shoreline to latitude 39[deg]24'22'' N,
longitude 074[deg]22'49'' W; thence southwest along the shoreline to
latititude 39[deg]23'49'' N, longitude 074[deg]23'33'' W; thence across
the Bonita Tideway to the shoreline at latitude 39[deg]23'43'' N,
longitude 074[deg]23'33'' W; thence north along the shoreline to the
point of origin.
    (b) Definitions. The following definitions apply to this section:
    Captain of the Port Representative or COTP Representative means a
commissioned, warrant, or petty officer of the Coast Guard designated
by name by the Captain of the Port to verify an event's compliance with
the conditions of its approved permit.
    Event Patrol Commander or Event PATCOM means any vessel assigned or
approved by the respective Captain of the Port with a commissioned,
warrant, or petty officer on board and displaying a Coast Guard ensign,
or any state or local law enforcement vessel approved by the Captain of
the Port in accordance with current local agreements.
    Non-participant means a person or a vessel not registered with the
event sponsor either as a participant or an official patrol vessel.
    Official patrol vessel or official patrol means any vessel assigned
or approved by the respective Captain of the Port with a commissioned,
warrant, or petty officer on board and displaying a Coast Guard ensign,
or any state or local law enforcement vessel approved by the

Captain of the Port in accordance with current local agreements.
    Participant means any person or vessel registered with the event
sponsor as participating in the event or otherwise designated by the
event sponsor as having a function tied to the event.
    (c) Patrol of the marine event. The COTP may assign one or more
official patrol vessels, as described in Sec.  100.40, to the regulated
event. The Event PATCOM will be designated to oversee the patrol. The
patrol vessel and the Event PATCOM may be contacted on VHF-FM Channel
16. The Event PATCOM may terminate the event, or the operation of any
vessel participating in the marine event, at any time if deemed
necessary for the protection of life or property.
    (d) Special local regulations. (1) Controls on vessel movement. The
Event PATCOM or official patrol vessel may forbid and control the
movement of all persons and vessels in the regulated area(s). When
hailed or signaled by an official patrol vessel, the person or vessel
being hailed must immediately comply with all directions given. Failure
to do so may result in expulsion from the area, citation for failure to
comply, or both.
    (2) Directions, instructions, and minimum speed necessary.
    (i) The operator of a vessel in the regulated area must stop the
vessel immediately when directed to do so by an official patrol vessel
and then proceed only as directed.
    (ii) A person or vessel must comply with all instructions of the
Event PATCOM or official patrol vessel.
    (iii) A non-participant must contact the Event PATCOM or an
official patrol vessel to request permission to either enter or pass
through the regulated area. If permission is granted, the non-
participant may enter or pass directly through the regulated area as
instructed by the Event PATCOM or official patrol vessel at a minimum
speed necessary to maintain a safe course that minimizes wake and
without loitering.
    (3) Postponement or cancellation. The COTP, or Event PATCOM may
postpone or cancel a marine event at any time if, in the COTP's sole
discretion, the COTP determines that cancellation is necessary for the
protection of life or property.
    (e) Enforcement periods. This section is subject to enforcement
from 4 p.m. to 6:30 p.m. on April 1, 2023, and from 8:30 a.m. to 12:30
p.m. on April 2, 2023.

    Dated: March 21, 2023.
Jonathan D. Theel,
Captain, U.S. Coast Guard, Captain of the Port, Delaware Bay.
[FR Doc. 2023-06385 Filed 3-27-23; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: August 31, 2010 (Volume 75, Number 168)]
[Notices]
[Page 53282]
[DOCID:fr31au10-40]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2678-003]

Pacific Gas and Electric Company; Notice of Application for
Amendment of License, and Soliciting Comments, Motions To Intervene,
and Protests

August 24, 2010.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Type of Application: Amendment of License to Remove a Portion of
the Project's Transmission Line.
    b. Project No.: 2678-003.
    c. Date Filed: August 4, 2010.
    d. Applicant: Pacific Gas and Electric Company.
    e. Name of Project: Narrows No. 2--Smartville T.L.
    f. Location: The project is located in Yuba and Nevada Counties,
California.
    g. Filed Pursuant to: Federal Power Act, 16 USC 791a-825r.
    h. Applicant Contact: Forest Sullivan, Strategy and Regulation,
Pacific Gas and Electric Company, 5555 Florin Perkins Road, Sacramento,
CA 95826,<PHONE_NUMBER> or<EMAIL_ADDRESS>    i. FERC Contact: Any questions regarding this notice should be
directed to Jeremy Jessup at<PHONE_NUMBER> or<EMAIL_ADDRESS>    j. Deadline for filing comments, motions to intervene and protest:
September 24, 2010. All documents may be filed electronically via the
Internet. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the
Commission's Web site at http://www.ferc.gov/docs-filing/efiling.asp.
If unable to be filed electronically, documents may be paper-filed. To
paper-file, an original and seven copies should be mailed to:
Secretary, Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426. For more information on how to submit these types
of filings, please go to the Commission's Web site located at http://
ferc.gov.filing-comments.asp. Commenters can submit brief comments up
to 6,000 characters, without prior registration, using the eComment
system at http://www.ferc.gov/docs-filing/ecomment.asp. You must
include your name and contact information at the end of your comments.
    Please include the project number (P-2678-003) on any comments,
motions, or protests.
    k. Description of Request: Pacific Gas and Electric Company seeks
an amendment of license to delete approximately 2.7 miles of the
Narrows No. 2-Smartville Substation 60 kV transmission line extending
between the new Narrows 2 distribution substation to the Smartville
Substation from the Project license. The licensee states that this
portion of the transmission line is no longer a ``primary line'' for
the Narrows No. 2 Powerhouse Project and thus is not subject to
licensing by the Commission.
    l. Location of the Application: The filing is available for
inspection and reproduction at the Commission's Public Reference Room,
located at 888 First Street, NE., Room 2A, Washington, DC 20426 or by
calling<PHONE_NUMBER>. This filing may also be viewed on the
Commission's Web site at http://ferc.gov using the ``eLibrary'' link.
Enter the docket number excluding the last three digits in the docket
number field to access the document. You may also register online at
http://www.ferc.gov/docsfiling/esubscription.asp to be notified via e-
mail of new filings and issuances related to this or other pending
projects. For assistance, call 1-866-208-3676 or e-mail
<EMAIL_ADDRESS>for TTY, call<PHONE_NUMBER>. A copy is
also available for inspection and reproduction at the address in item
(h) above.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions To Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    o. Any filing must (1) Bear in all capital letters the title
``COMMENTS'', ``PROTEST'', or ``MOTION TO INTERVENE'' as applicable,
(2) set forth in the heading the name of the applicant and the project
numbers of the application to which the filing responds; (3) furnish
the name, address, and telephone number of the person protesting or
intervening; and (4) otherwise comply with the requirements of 18 CFR
385.2001 through 385.2005. All comments, motions to intervene or
protests must set forth their evidentiary basis and otherwise comply
with the requirements of 18 CFR 4.34(b). All comments, motions to
intervene or protests should relate to project works which are the
subject of the license amendment. Agencies may obtain copies of the
application directly from the applicant. A copy of any protest or
motion to intervene must be served upon each representative of the
applicant specified in the particular application. If an intervener
files comments or documents with the Commission relating to the merits
of an issue that may affect the responsibilities of a particular
resource agency, they must also serve a copy of the document on that
resource agency. A copy of all other filings in reference to this
application must be accompanied by proof of service on all persons
listed in the service list prepared by the Commission in this
proceeding, in accordance with 18 CFR 4.34(b) and 385.2010.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-21624 Filed 8-30-10; 8:45 am]
BILLING CODE 6717-01-P


Albert G. Parrish, Alaska Bar No. 8310142

Fairbanks North Star Borough

Department of Law

P.O. Box 71267

Fairbanks, Alaska 99707

Telephone:<PHONE_NUMBER>

Facsimile:<PHONE_NUMBER>

Case No.:  OST-2003-14695-111

The Department of Transportation and

The Secretary of Transportation

In re: Updated Business Plan

Dated 2/28/06

NOTICE OF FILING EXHIBITS 1-2 TO ACCOMPANY FNSB'S 3/27/06 REPLY TO
USPS'S ANSWER TO FNSB'S APPLICATION FOR REVIEW/APPEAL.

FNSB is hereby filing by e-mail, exhibits 1-2 (3 pages) of FNSB's
3/27/06 reply to USPS's Answer to FNSB's application for review/appeal.
FNSB repeatedly attempted to file the reply and the exhibits yesterday
by facsimile at telephone number<PHONE_NUMBER>.  Filing by facsimile was
not successful.

FNSB filed the text of the reply by e-mail 3/27/06.  Because the
exhibits were not scanned, the exhibits could not be filed at that time
by e-mail.  We have scanned the exhibits and those exhibits accompany
this notice and should be placed with the reply.

FNSB does not believe that this filing problem is the fault of FNSB, or
anyone for that matter.  Today, 3/28/06, we are advised by Supervisor
Barbara Hairston,<PHONE_NUMBER> that the facsimile machine attached to
the above identified telephone line [202-493-2251] has not been working
and that parts are on order.

Accordingly we submit the exhibits at this time by e-filing.


SEC. 33. ø7 U.S.C. 136w-8¿ PESTICIDE REGISTRATION SERVICE FEES.

(a) DEFINITION OF COSTS.—In this section, the term ‘‘costs’’,
when used with respect to review and decisionmaking pertaining to an
application for which registration service fees are paid under this
section, means—

(1) costs to the extent that—

(A) officers and employees provide direct support for the review and
decisionmaking for covered pesticide applications, associated
tolerances, and corresponding risk and benefits information and
analyses;

(B) persons and organizations under contract with the Administrator
engage in the review of the applications, and corresponding risk and
benefits information and assessments; and

(C) advisory committees and other accredited persons

or organizations, on the request of the Administrator, en-

gage in the peer review of risk or benefits information asso

ciated with covered pesticide applications;

(2) costs of management of information, and the acquisition,
maintenance, and repair of computer and telecommunication resources
(including software), used to support review of pesticide applications,
associated tolerances, and corresponding risk and benefits information
and analyses; and

(3) costs of collecting registration service fees under sub-sections (b)
and (c) and reporting, auditing, and accounting under this section. (b)
FEES.—

(1) IN GENERAL.—Effective beginning on the effective date of the
Pesticide Registration Improvement Act of 2003, the Administrator shall
assess and collect covered pesticide registration service fees in
accordance with this section.

(2) COVERED PESTICIDE REGISTRATION APPLICATIONS.—

(A) IN GENERAL.—An application for the registration of a pesticide
covered by this Act that is received by the Administrator on or after
the effective date of the Pesticide Registration Improvement Act of 2003
shall be subject to a registration service fee under this section.

(B) EXISTING APPLICATIONS.—

(i) IN GENERAL.—Subject to clause (ii), an application for the
registration of a pesticide that was submitted to the Administrator
before the effective date of the Pesticide Registration Improvement Act
of 2003 and is pending on that effective date shall be subject to a
service fee under this section if the application is for the
registration of a new active ingredient that is not listed in the
Registration Division 2003 Work Plan of the Office of Pesticide Programs
of the Environmental Protection Agency.

(ii) TOLERANCE OR EXEMPTION FEES.—The amount

of any fee otherwise payable for an application de-

scribed in clause (i) under this section shall be reduced

by the amount of any fees paid to support the related

petition for a pesticide tolerance or exemption under

the Federal Food, Drug, and Cosmetic Act (21 U.S.C.

301 et seq.). January 23, 2004 97 FIFRA Sec. 33

(C) DOCUMENTATION.—An application subject to a reg

istration service fee under this section shall be submitted

with documentation certifying—

(i) payment of the registration service fee; or (ii) a request for a
waiver from or reduction of the registration service fee. (3) SCHEDULE
OF COVERED APPLICATIONS AND REGISTRATION SERVICE FEES.—

(A) IN GENERAL.—Not later than 30 days after the ef

fective date of the Pesticide Registration Improvement Act

of 2003, the Administrator shall publish in the Federal

Register a schedule of covered pesticide registration appli

cations and corresponding registration service fees.

(B) REPORT.—Subject to paragraph (6), the schedule shall be the same
as the applicable schedule appearing in the Congressional Record on
pages S11631 through S11633, dated September 17, 2003. (4) PENDING
PESTICIDE REGISTRATION APPLICATIONS.—

(A) IN GENERAL.—An applicant that submitted a registration application
to the Administrator before the effective date of the Pesticide
Registration Improvement Act of 2003, but that is not required to pay a
registration service fee under paragraph (2)(B), may, on a voluntary
basis, pay a registration service fee in accordance with paragraph
(2)(B).

(B) VOLUNTARY FEE.—The Administrator may not compel payment of a
registration service fee for an application described in subparagraph
(A).

(C) DOCUMENTATION.—An application for which a voluntary registration
service fee is paid under this paragraph shall be submitted with
documentation certifying—

(i) payment of the registration service fee; or

(ii) a request for a waiver from or reduction of the

registration service fee.

(5) RESUBMISSION OF PESTICIDE REGISTRATION APPLICA-TIONS.—If a
pesticide registration application is submitted by a person that paid
the fee for the application under paragraph (2), is determined by the
Administrator to be complete, and is not approved or is withdrawn
(without a waiver or refund), the submission of the same pesticide
registration application by the same person (or a licensee, assignee, or
successor of the person) shall not be subject to a fee under paragraph
(2).

(6) FEE ADJUSTMENT.—Effective for a covered pesticide registration
application received on or after October 1, 2005, the Administrator
shall—

(A) increase by 5 percent the service fee payable for

the application under paragraph (3); and

(B) publish in the Federal Register the revised registration service fee
schedule. (7) WAIVERS AND REDUCTIONS.—

(A) IN GENERAL.—An applicant for a covered pesticide registration may
request the Administrator to waive or reduce the amount of a
registration service fee payable under this section under the
circumstances described in subparagraphs (D) through (G).

(B) DOCUMENTATION.—

January 23, 2004 Sec. 33 FIFRA 98

(i) IN GENERAL.—A request for a waiver from or reduction of the
registration service fee shall be accompanied by appropriate
documentation demonstrating the basis for the waiver or reduction.

(ii) CERTIFICATION.—The applicant shall provide to the Administrator a
written certification, signed by a responsible officer, that the
documentation submitted to support the waiver or reduction request is
accurate.

(iii) INACCURATE DOCUMENTATION.—An application shall be subject to the
applicable registration service fee payable under paragraph (3) if, at
any time, the Administrator determines that—

(I) the documentation supporting the waiver

or reduction request is not accurate; or

(II) based on the documentation or any other

information, the waiver or reduction should not

have been granted or should not be granted.

(C) DETERMINATION TO GRANT OR DENY REQUEST.—As soon as practicable,
but not later than 60 days, after the date on which the Administrator
receives a request for a waiver or reduction of a registration service
fee under this paragraph, the Administrator shall—

(i) determine whether to grant or deny the re-

quest; and

(ii) notify the applicant of the determination.

(D) MINOR USES.—

(i) IN GENERAL.—The Administrator may waive or reduce a registration
service fee for an application for minor uses for a pesticide.

(ii) SUPPORTING DOCUMENTATION.—An applicant

requesting a waiver under this subparagraph shall

provide supporting documentation that demonstrates,

to the satisfaction of the Administrator, that antici

pated revenues from the uses that are the subject of

the application would be insufficient to justify imposi

tion of the full application fee.

(E) IR–4 WAIVER.—The Administrator shall waive the registration
service fee for an application if the Administrator determines that—

(i) the application is solely associated with a toler

ance petition submitted in connection with the Inter-

Regional Project Number 4 (IR–4) as described in sec

tion 2 of Public Law 89–106 (7 U.S.C. 450i(e)); and

(ii) the waiver is in the public interest. (F) SMALL BUSINESSES.—

(i) IN GENERAL.—The Administrator shall waive 50 percent of the
registration service fees payable by an entity for a covered pesticide
registration application under this section if the entity is a small
business (as defined in section 4(i)(5)(E)(ii)) at the time of
application.

(ii) WAIVER OF FEES.—The Administrator shall waive all of the
registration service fees payable by an entity under this section if the
entity—

(I) is a small business (as defined in section

4(i)(5)(E)(ii)) at the time of application; and January 23, 2004 99
FIFRA Sec. 33

(II) has average annual global gross revenues described in section
4(i)(5)(E)(ii)(I)(bb) that does not exceed $10,000,000, at the time of
application. (iii) FORMATION FOR WAIVER.—The Administrator shall not
grant a waiver under this subparagraph if the Administrator determines
that the entity submitting the application has been formed or
manipulated primarily for the purpose of qualifying for the waiver.

(iv) DOCUMENTATION.—An entity requesting a waiver under this
subparagraph shall provide to the Administrator—

(I) documentation demonstrating that the enti

ty is a small business (as defined in section

4(i)(5)(E)(ii)) at the time of application; and

(II) if the entity is requesting a waiver of all

registration service fees payable under this sec

tion, documentation demonstrating that the entity

has an average annual global gross revenues de-

scribed in section 4(i)(5)(E)(ii)(I)(bb) that does not

exceed $10,000,000, at the time of application.

(G) FEDERAL AND STATE AGENCY EXEMPTIONS.—An agency of the Federal
Government or a State government shall be exempt from covered
registration service fees under this section. (8) REFUNDS.—

(A) EARLY WITHDRAWALS.—If, during the first 60 days after the
beginning of the applicable decision time review period under subsection
(f)(3), a covered pesticide registration application is withdrawn by the
applicant, the Administrator shall refund all but 10 percent of the
total registration service fee payable under paragraph (3) for the
application.

(B) WITHDRAWALS AFTER THE FIRST 60 DAYS OF DECISION REVIEW TIME
PERIOD.—

(i) IN GENERAL.—If a covered pesticide registration

application is withdrawn after the first 60 days of the

applicable decision time review period, the Adminis

trator shall determine what portion, if any, of the total

registration service fee payable under paragraph (3) for

the application may be refunded based on the propor

tion of the work completed at the time of withdrawal.

(ii) TIMING.—The Administrator shall—

(I) make the determination described in clause

(i) not later than 90 days after the date the appli

cation is withdrawn; and

(II) provide any refund as soon as practicable after the determination.
(C) DISCRETIONARY REFUNDS.—

(i) IN GENERAL.—In the case of a pesticide registra

tion application that has been filed with the Adminis

trator and has not been withdrawn by the applicant,

but for which the Administrator has not yet made a

final determination, the Administrator may refund a

portion of a covered registration service fee if the Ad

ministrator determines that the refund is justified. January 23, 2004
Sec. 33 FIFRA 100

(ii) BASIS.—The Administrator may provide a re-fund for an application
under this subparagraph—

(I) on the basis that, in reviewing the applica

tion, the Administrator has considered data sub

mitted in support of another pesticide registration

application; or

(II) on the basis that the Administrator com

pleted portions of the review of the application be-

fore the effective date of this section.

(D) CREDITED FEES.—In determining whether to grant

a refund under this paragraph, the Administrator shall

take into account any portion of the registration service

fees credited under paragraph (2) or (4). (c) PESTICIDE REGISTRATION
FUND.—

(1) ESTABLISHMENT.—There is established in the Treasury of the United
States a Pesticide Registration Fund to be used in carrying out this
section (referred to in this section as the ‘‘Fund’’),
consisting of—

(A) such amounts as are deposited in the Fund under

paragraph (2);

(B) any interest earned on investment of amounts in

the Fund under paragraph (4); and

(C) any proceeds from the sale or redemption of invest

ments held in the Fund.

(2) DEPOSITS IN FUND.—Subject to paragraph (4), the Administrator
shall deposit fees collected under this section in the Fund. (3)
EXPENDITURES FROM FUND.—

(A) IN GENERAL.—Subject to subparagraphs (B) and (C)

and paragraph (4), the Administrator may make expendi

tures from the Fund—

(i) to cover the costs associated with the review

and decisionmaking pertaining to all applications for

which registration service fees have been paid under

this section; and

(ii) to otherwise carry out this section.

⁄17 of the amount in the Fund (but not more than $1,000,000, and not
less than $750,000, for any fiscal year) to enhance current scientific
and regulatory activities related to worker protection.

(C) NEW INERT INGREDIENTS.—For each of fiscal years

2004 and 2005, the Administrator shall use approximately

1⁄34 of the amount in the Fund (but not to exceed $500,000

for any fiscal year) for the review and evaluation of new

inert ingredients.

(4) COLLECTIONS AND APPROPRIATIONS ACTS.—The fees authorized by this
section and amounts deposited in the Fund—

(A) shall be collected and made available for obligation

only to the extent provided in advance in appropriations

Acts; and

(B) shall be available without fiscal year limitation.

(5) UNUSED FUNDS.—Amounts in the Fund not currently

needed to carry out this section shall be—

(A) maintained readily available or on deposit; January 23, 2004 101
FIFRA Sec. 33

(B) invested in obligations of the United States or guaranteed by the
United States; or

(C) invested in obligations, participations, or other in

struments that are lawful investments for fiduciary, trust,

or public funds. (d) ASSESSMENT OF FEES.—

(1) DEFINITION OF COVERED FUNCTIONS.—In this sub-section, the term
‘‘covered functions’’ means functions of the Office of Pesticide
Programs of the Environmental Protection Agency, as identified in key
programs and projects of the final operating plan for the Environmental
Protection Agency submitted as part of the budget process for fiscal
year 2002, regardless of any subsequent transfer of 1 or more of the
functions to another office or agency or the subsequent transfer of a
new function to the Office of Pesticide Programs.

(2) MINIMUM AMOUNT OF APPROPRIATIONS.—For fiscal years 2004, 2005, and
2006 only, registration service fees may not be assessed for a fiscal
year under this section unless the amount of appropriations for
salaries, contracts, and expenses for the functions (as in existence in
fiscal year 2002) of the Office of Pesticide Programs of the
Environmental Protection Agency for the fiscal year (excluding the
amount of any fees appropriated for the fiscal year) are equal to or
greater than the amount of appropriations for covered functions for
fiscal year 2002 (excluding the amount of any fees appropriated for the
fiscal year).

(3) USE OF FEES.—Registration service fees authorized by this section
shall be available, in the aggregate, only to defray increases in the
costs associated with the review and decision-making for the review of
pesticide registration applications and associated tolerances (including
increases in the number of full-time equivalent positions in the
Environmental Protection Agency engaged in those activities) over the
costs for fiscal year 2002, excluding costs paid from fees appropriated
for the fiscal year.

(4) COMPLIANCE.—The requirements of paragraph (2) shall have been
considered to have been met for any fiscal year if the amount of
appropriations for salaries, contracts, and expenses for the functions
(as in existence in fiscal year 2002) of the Office of Pesticide
Programs of the Environmental Protection Agency for the fiscal year
(excluding the amount of any fees appropriated for the fiscal year) is
not more than 3 percent below the amount of appropriations for covered
functions for fiscal year 2002 (excluding the amount of any fees
appropriated for the fiscal year).

(5) SUBSEQUENT AUTHORITY.—If the Administrator does not

assess registration service fees under subsection (b) during any

portion of a fiscal year as the result of paragraph (2) and is

subsequently permitted to assess the fees under subsection (b)

during the fiscal year, the Administrator shall assess and col

lect the fees, without any modification in rate, at any time dur

ing the fiscal year, notwithstanding any provisions of sub-

section (b) relating to the date fees are to be paid.

(e) REFORMS TO REDUCE DECISION TIME REVIEW PERIODS.—To

the maximum extent practicable consistent with the degrees of risk

presented by pesticides and the type of review appropriate to evalu

ate risks, the Administrator shall identify and evaluate reforms to
January 23, 2004 Sec. 33 FIFRA 102

the pesticide registration process under this Act with the goal of
reducing decision review periods in effect on the effective date of the
Pesticide Registration Improvement Act of 2003 for pesticide
registration actions for covered pesticide registration applications
(including reduced risk applications).

(f) DECISION TIME REVIEW PERIODS.—

(1) IN GENERAL.—Not later than 30 days after the effective date of the
Pesticide Registration Improvement Act of 2003, the Administrator shall
publish in the Federal Register a schedule of decision review periods
for covered pesticide registration actions and corresponding
registration service fees under this Act.

(2) REPORT.—The schedule shall be the same as the applicable schedule
appearing in the Congressional Record on pages S11631 through S11633,
dated September 17, 2003.

(3) APPLICATIONS SUBJECT TO DECISION TIME REVIEW PERI-ODS.—The
decision time review periods specified in paragraph (1) shall apply
to—

(A) covered pesticide registration applications subject

to registration service fees under subsection (b)(2);

(B) covered pesticide registration applications for which an applicant
has voluntarily paid registration service fees under subsection (b)(4);
and

(C) covered pesticide registration applications listed in the
Registration Division 2003 Work Plan of the Office of Pesticide Programs
of the Environmental Protection Agency. (4) START OF DECISION TIME
REVIEW PERIOD.—

(A) IN GENERAL.—Except as provided in subparagraphs (C), (D), and (E),
in the case of a pesticide registration application accompanied by the
registration service fee required under this section, the decision time
review period begins 21 days after the date on which the Administrator
receives the covered pesticide registration application.

(B) COMPLETENESS OF APPLICATION.—In conducting an initial screening of
an application, the Administrator shall determine—

(i) whether—

(I) the applicable registration service fee has

been paid; or

(II) the application contains a waiver or re-fund request; and (ii)
whether the application—

(I) contains all necessary forms, data, draft la

beling, and, documentation certifying payment of

any registration service fee required under this

section; or

(II) establishes a basis for any requested waiver or reduction. (C)
APPLICATIONS WITH WAIVER OR REDUCTION RE-QUESTS.—

(i) IN GENERAL.—In the case of an application sub

mitted with a request for a waiver or reduction of reg

istration service fees under subsection (b)(7), the deci

sion time review period shall be determined in accord

ance with this subparagraph. January 23, 2004 103 FIFRA Sec. 33

(ii) REQUEST GRANTED WITH NO ADDITIONAL FEES REQUIRED.—If the
Administrator grants the waiver or reduction request and no additional
fee is required, the decision time review period begins on the earlier
of—

(I) the date on which the Administrator grants

the request; or

(II) the date that is 60 days after the date of

receipt of the application.

(iii) REQUEST GRANTED WITH ADDITIONAL FEES RE-QUIRED.—If the
Administrator grants the waiver or reduction request, in whole or in
part, but an additional registration service fee is required, the
decision time review period begins on the date on which the
Administrator receives certification of payment of the applicable
registration service fee.

(iv) REQUEST DENIED.—If the Administrator denies the waiver or
reduction request, the decision time re-view period begins on the date
on which the Administrator receives certification of payment of the
applicable registration service fee. (D) PENDING APPLICATIONS.—

(i) IN GENERAL.—The start of the decision time re-view period for
applications described in clause (ii) shall be the date on which the
Administrator receives certification of payment of the applicable
registration service fee.

(ii) APPLICATIONS.—Clause (i) applies to—

(I) covered pesticide registration applications for which voluntary fees
have been paid under subsection (b)(4); and

(II) covered pesticide registration applications

received on or after the effective date of the Pes

ticide Registration Improvement Act of 2003 but

submitted without the applicable registration serv

ice fee required under this section due to the in-

ability of the Administrator to assess fees under

subsection (d)(1).

(E) 2003 WORK PLAN.—In the case of a covered pes

ticide registration application listed in the Registration Di

vision 2003 Work Plan of the Office of Pesticide Programs

of the Environmental Protection Agency, the decision time

review period begins on the date that is 30 days after the

effective date of the Pesticide Registration Improvement

Act of 2003.

(5) EXTENSION OF DECISION TIME REVIEW PERIOD.—The Administrator and
the applicant may mutually agree in writing to extend a decision time
review period under this subsection. (g) JUDICIAL REVIEW.—

(1) IN GENERAL.—Any applicant adversely affected by the failure of the
Administrator to make a determination on the application of the
applicant for registration of a new active ingredient or new use for
which a registration service fee is paid under this section may obtain
judicial review of the failure solely under this section.

(2) SCOPE.—

January 23, 2004 Sec. 33 FIFRA 104

(A) IN GENERAL.—In an action brought under this sub-section, the only
issue on review is whether the Administrator failed to make a
determination on the application specified in paragraph (1) by the end
of the applicable decision time review period required under subsection
(f) for the application.

(B) OTHER ACTIONS.—No other action authorized or required under this
section shall be judicially reviewable by a Federal or State court. (3)
TIMING.—

(A) IN GENERAL.—A person may not obtain judicial re-view of the
failure of the Administrator to make a determination on the application
specified in paragraph (1) be-fore the expiration of the 2-year period
that begins on the date on which the decision time review period for the
application ends.

(B) MEETING WITH ADMINISTRATOR.—To be eligible to

seek judicial review under this subsection, a person seek

ing the review shall first request in writing, at least 120

days before filing the complaint for judicial review, a deci

sion review meeting with the Administrator.

(4) REMEDIES.—The Administrator may not be required or permitted to
refund any portion of a registration service fee paid in response to a
complaint that the Administrator has failed to make a determination on
the covered pesticide registration application specified in paragraph
(1) by the end of the applicable decision review period. (h)
ACCOUNTING.—The Administrator shall—

(1) provide an annual accounting of the registration service fees paid
to the Administrator and disbursed from the Fund, by providing financial
statements in accordance with—

(A) the Chief Financial Officers Act of 1990 (Public

Law 101–576; 104 Stat. 2838) and amendments made by

that Act; and

(B) the Government Management Reform Act of 1994

(Public Law 103–356; 108 Stat. 3410) and amendments

made by that Act;

(2) provide an accounting describing expenditures from the Fund
authorized under subsection (c); and

(3) provide an annual accounting describing collections and expenditures
authorized under subsection (d). (i) AUDITING.—

(1) FINANCIAL STATEMENTS OF AGENCIES.—For the purpose of section
3515(c) of title 31, United States Code, the Fund shall be considered a
component of an executive agency.

(2) COMPONENTS.—The annual audit required under sections 3515(b) and
3521 of that title of the financial statements of activities under this
section shall include an analysis of—

(A) the fees collected under subsection (b) and disbursed;

(B) compliance with subsection (f);

(C) the amount appropriated to meet the requirements of subsection
(d)(1); and

(D) the reasonableness of the allocation of the over-

head allocation of costs associated with the review and de

cisionmaking pertaining to applications under this section. January 23,
2004 105 FIFRA Sec. 33

(3) INSPECTOR GENERAL.—The Inspector General of the Environmental
Protection Agency shall— (A) conduct the annual audit required under
this sub-section; and

(B) report the findings and recommendations of the

audit to the Administrator and to the appropriate commit-

tees of Congress.

(j) PERSONNEL LEVELS.—All full-time equivalent positions sup-ported by
fees authorized and collected under this section shall not be counted
against the agency-wide personnel level goals of the Environmental
Protection Agency.

(k) REPORTS.—

(1) IN GENERAL.—Not later than March 1, 2005, and each March 1
thereafter through March 1, 2009, the Administrator shall publish an
annual report describing actions taken under this section.

(2) CONTENTS.—The report shall include—

(A) a review of the progress made in carrying out each

requirement of subsections (e) and (f), including—

(i) the number of applications reviewed, including

the decision times for each application specified in sub-

section (f);

(ii) the number of actions pending in each category of actions described
in subsection (f)(3), as well as the number of inert ingredients;

(iii) to the extent determined appropriate by the Administrator and
consistent with the authorities of the Administrator and limitations on
delegation of functions by the Administrator, recommendations for—

(I) expanding the use of self-certification in all

appropriate areas of the registration process;

(II) providing for accreditation of outside re-viewers and the use of
outside reviewers to con-duct the review of major portions of
applications; and

(III) reviewing the scope of use of the notifica

tion process to cover broader categories of registra

tion actions; and

(iv) the use of performance-based contracts, other contracts, and
procurement to ensure that— (I) the goals of this Act for the timely
review of applications for registration are met; and

(II) the registration program is administered

in the most productive and cost effective manner

practicable;

(B) a description of the staffing and resources relating to the costs
associated with the review and decisionmaking pertaining to
applications; and

(C) a review of the progress in meeting the timeline re

quirements of section 4(g).

(3) METHOD.—The Administrator shall publish a report re

quired by this subsection by such method as the Administrator

determines to be the most effective for efficiently disseminating

the report, including publication of the report on the Internet

site of the Environmental Protection Agency. January 23, 2004 Sec. 34
FIFRA 106

(l) SAVINGS CLAUSE.—Nothing in this section affects any other duties,
obligations, or authorities established by any other section of this
Act, including the right to judicial review of duties, obligations, or
authorities established by any other section of this Act.

(m) TERMINATION OF EFFECTIVENESS.—

(1) IN GENERAL.—Except as provided in paragraph (2), the authority
provided by this section terminates on September 30, 2008.

(2) PHASE OUT.—

(A) FISCAL YEAR 2009.—During fiscal year 2009, the requirement to pay
and collect registration service fees applies, except that the level of
registration service fees pay-able under this section shall be reduced
40 percent below the level in effect on September 30, 2008.

(B) FISCAL YEAR 2010.—During fiscal year 2010, the requirement to pay
and collect registration service fees applies, except that the level of
registration service fees pay-able under this section shall be reduced
70 percent below the level in effect on September 30, 2008.

-

j

—

S

＀ḀEPTEMBER 30, 2010.—Effective September 30, 2010, the requirement
to pay and collect registration service fees terminates.

(D) DECISION REVIEW PERIODS.—

(i) PENDING APPLICATIONS.—In the case of an application received under
this section before September 30, 2008, the application shall be
reviewed in accordance with subsection (f).

(ii) NEW APPLICATIONS.—In the case of an application received under
this section on or after September 30, 2008, subsection (f) shall not
apply to the application.


[Federal Register: July 17, 2007 (Volume 72, Number 136)]
[Notices]
[Page 39112-39114]
[DOCID:fr17jy07-84]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-56040; File No. SR-NYSEArca-2007-67]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Extend the
Quarterly Options Series Pilot Program for a Two-Week Period

July 10, 2007.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on July 10, 2007, NYSE Arca, Inc. (``Exchange'' or ``NYSE Arca'') filed
with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I and II below, which Items
have been substantially prepared by the Exchange. The Exchange has
designated this proposal as non-controversial under section
19(b)(3)(A)(iii) of the Act \3\ and Rule 19b-4(f)(6) thereunder,\4\
which renders the proposed rule change 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)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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

    The Exchange is proposing to extend the Quarterly Options Series
pilot program (``Pilot Program'') for an additional two-week period,
through July 24, 2007, and to amend Rule 5.19(a) regarding the
restriction on the number of strike prices for Quarterly Options Series
based on an underlying index. The text of the proposed rule change is
available on the Exchange's Web site (http://www.nysearca.com), at the

Exchange'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
    On July 12, 2006, the Exchange filed with the Commission a proposed
rule change that allowed it to establish the Pilot Program, pursuant to
which the Exchange lists and trades Quarterly Options Series.\5\ The
rule change was effective upon filing. The Exchange hereby proposes to
extend the Pilot Program for an additional two-week period, so that it
will expire on July 24, 2007.\6\
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 54166 (July 18,
2006), 71 FR 42151 (July 25, 2006) (File No. SR-NYSEArca-2006-45)
(``Pilot Program Release'').
    \6\ At the end of this proposed two-week extension, NYSE Arca
will submit a subsequent proposal to the Commission, in conjunction
with a report on the Pilot Program, requesting that the Pilot
Program be extended until July 10, 2008.
---------------------------------------------------------------------------

    In the Pilot Program Release, the Exchange stated that it would
submit, in connection with any proposed extension of the Pilot Program,
a Pilot Program Report (``Report'') that would provide an analysis of
the Pilot Program covering the entire period which the program was in
effect. The Report will include: (1) Data and written analysis on the
open interest and trading volume in the classes for which Quarterly
Options Series were opened; (2) an assessment of the appropriateness of
the option classes selected for the Pilot Program; (3) an assessment of
the impact of the Pilot Program on the capacity on the Exchange, OPRA,
and market data vendors (to the extent data from market data vendors is
available); (4) any capacity problems or other problems that arose
during the operation of the Pilot Program and how the Exchange
addressed such problems; (5) any complaints that the Exchange received
during the operation of the Pilot Program and how the Exchange
addressed them; and (6) any additional information that would assist
the Commission in assessing the operation of the Pilot Program. The
Exchange plans to submit the Report in connection with a proposal that
will extend the Pilot Program until July 10, 2008. This proposal and
Report will be filed with the Commission at the conclusion of the
proposed two-week extension.
    The Exchange also proposes at this time to add a provision to Rule
5.19(a) regarding the limitations on the number of strikes the Exchange
may list for Quarterly Options Series based on an underlying index.
These changes mirror provisions previously submitted by the Chicago
Board Options Exchange (``CBOE'') and approved by the Commission.\7\
The Exchange proposes to: (1) Limit the number of strike prices that
the Exchange may initially open for Quarterly Options Series to five
strike prices above and five below the value of the underlying index;
(2) clarify that the Exchange may open for trading additional Quarterly
Options Series of the same class when the Exchange deems such action
necessary to maintain an orderly market or meet customer demand,
provided that the additional series priced above (below) the value of
the underlying index do not cause there to be more than five strike
process above (below) the value of the underlying index; and (3)
clarify that the opening of any new Quarterly Options Series will not
affect the previously opened series of the same class. These changes
are based on CBOE Rule 24.9 and are shown in Exhibit 5 to the proposed
rule change on Form 19b-4 filed with the Commission.
---------------------------------------------------------------------------

    \7\ See Securities Exchange Act Release No. 54762 (November 16,
2006), 71 FR 67663 (November 22, 2006) (File No. SR-CBOE-2006-93).

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

    Finally, NYSE Arca represents that the Exchange has the necessary
system capacity to support any additional series listed as part of the
Pilot Program.
2. Statutory Basis
    The Exchange believes that the continuation of the Quarterly
Options Series Pilot Program will stimulate customer interest in
options by creating greater trading opportunities and flexibility in
investment choices. The Exchange further believes that continuation of
the Pilot Program will provide the ability to more closely tailor
investment strategies and provide a valuable hedging tool for
investors. For these reasons, the Exchange believes the proposed rule
change is consistent with the Act and the rules and regulations
thereunder and, in particular, the requirements of section 6(b) of the
Act.\8\ Specifically, the Exchange believes the proposed rule change is
consistent with of section 6(b)(5) of the Act,\9\ which requires that
the rules of an exchange be designed to promote just and equitable
principles of trade, to prevent fraudulent and manipulative acts, to
remove impediments to and perfect the mechanism for a free and open
market and a national market system, and, in general, to protect
investors and the public interest.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b).
    \9\ 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 that is 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 solicited or received with respect to the
proposed rule change.

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

    The Exchange has designated the proposed rule change as one that:
(1) Does not significantly affect the protection of investors or the
public interest; (2) does not impose any significant burden on
competition; and (3) does not become operative for 30 days from the
date of filing, or such shorter time as the Commission may designate if
consistent with the protection of investors and the public interest.
Therefore, the foregoing rule change has become effective pursuant to
section 19(b)(3)(A) of the Act \10\ and subparagraph (f)(6) of Rule
19b-4 thereunder.\11\ The Exchange has asked the Commission to waive
the operative delay to permit the Pilot Program extension to become
operative prior to the 30th day after filing.\12\
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(6).
    \12\ As required under Rule 19b-4(f)(6)(iii), the Exchange
provided the Commission with written notice of its intent to file
the proposed rule change at least five business before doing so.
---------------------------------------------------------------------------

    The Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest
because it will allow the benefits of the Pilot Program to continue
without interruption.\13\ Therefore, the Commission designates the
proposal operative upon filing. The Commission, in deciding to waive
the operative delay in order to allow the Pilot Program to continue
uninterrupted for the proposed two-week extension, has relied on the
Exchange's representation that it will submit the Report as required by
the Pilot Program on or before the expiration of the extension period
(i.e., July 24, 2007).\14\
---------------------------------------------------------------------------

    \13\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
    \14\ As set forth in the Exchange's original filing proposing
the Pilot Program, if the Exchange were to propose an extension, an
expansion, or permanent approval of the Pilot Program, the Exchange
would submit, along with any filing proposing such amendments to the
program, a report that would provide an analysis of the Pilot
Program covering the entire period during which the Pilot Program
was in effect. The report would include, at a minimum: (1) Data and
written analysis on the open interest and trading volume in the
classes for which Quarterly Options Series were opened; (2) an
assessment of the appropriateness of the option classes selected for
the Pilot Program; (3) an assessment of the impact of the Pilot
Program on the capacity of the Exchange, OPRA, and market data
vendors (to the extent data from market data vendors is available);
(4) any capacity problems or other problems that arose during the
operation of the Pilot Program and how the Exchange addressed such
problems; (5) any complaints that the Exchange received during the
operation of the Pilot Program and how the Exchange addressed them;
and (6) any additional information that would assist in assessing
the operation of the Pilot Program. The report must be submitted to
the Commission at least sixty (60) days prior to the expiration date
of the Pilot Program. See Form 19b-4 for File No. SR-PCX-2005-32,
filed March 16, 2005.
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate the 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 No. SR-NYSEArca-2007-67 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2007-67. 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 Commissions Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments,

all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room, 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 the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSEArca-2007-67 and should
be submitted on or August 7, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\15\
---------------------------------------------------------------------------

    \15\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-13748 Filed 7-16-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 87, Number 222 (Friday, November 18, 2022)]
[Notices]
[Page 69368]
[FR Doc No: 2022-25105]

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SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-340, OMB Control No.3235-0375]

Proposed Collection; Comment Request; Extension: Schedule 13E-4F

Upon Written Request Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE, Washington, DC
20549-2736

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the collection of
information summarized below. The Commission plans to submit this
existing collection of information to the Office of Management and
Budget for extension and approval.
    Schedule 13E-4F (17 CFR 240.13e-102) may be used by an issuer that
is incorporated or organized under the laws of Canada to make a cash
tender or exchange offer for the issuer's own securities if less than
40 percent of the class of such issuer's securities outstanding that
are the subject of the tender offer is held by U.S. holders. The
information collected must be filed with the Commission and is publicly
available. We estimate that it takes approximately 2 hours per response
to prepare Schedule 13E-4F and that the information is filed by
approximately 3 respondents for a total annual reporting burden of 6
hours (2 hours per response x 3 responses).
    Written comments are invited on: (a) whether this proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information will
have practical utility; (b) the accuracy of the agency's estimate of
the burden imposed by the collection of information; (c) ways to
enhance the quality, utility, and clarity of the information collected;
and (d) ways to minimize the burden of the collection of information on
respondents, including through the use of automated collection
techniques or other forms of information technology. Consideration will
be given to comments and suggestions submitted in writing within 60
days of this publication by January 17, 2023.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid control number.
    Please direct your written comment to David Bottom, Director/Chief
Information Officer, Securities and Exchange Commission, c/o John
Pezzullo, 100 F Street NE, Washington, DC 20549 or send an email to:
[email protected].

    Dated: November 14, 2022.
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2022-25105 Filed 11-17-22; 8:45 am]
BILLING CODE 8011-01-P