[Federal Register Volume 76, Number 49 (Monday, March 14, 2011)]
[Proposed Rules]
[Pages 13534-13536]
[FR Doc No: 2011-5721]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0158; Directorate Identifier 2010-NM-118-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Model 767-200, -300,
-300F, and -400ER Series Airplanes

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede an existing airworthiness
directive (AD) that applies to certain Model 767-200, -300, -300F, and
-400ER series airplanes. The existing AD currently requires an
inspection to determine if certain motor operated valve actuators for
the fuel tanks are installed, and related investigative and corrective
actions if necessary. This proposed AD would add airplanes and, for
certain airplanes, require additional inspections to determine if
certain motor operated valve actuators for the fuel tanks are
installed, and related investigative and corrective actions if
necessary. This proposed AD results from fuel system reviews conducted
by the manufacturer. We are proposing this AD to prevent an ignition
source inside the fuel tanks, which, in combination with flammable fuel
vapors, could result in a fuel tank explosion and consequent loss of
the airplane.

DATES: We must receive comments on this proposed AD by April 28, 2011.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 206-
544-5000, extension 1; fax<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>
Internet https://www.myboeingfleet.com. You may review copies of the
referenced service information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington. For information
on the availability of this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

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

FOR FURTHER INFORMATION CONTACT: Douglas Bryant, Aerospace Engineer,
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification
Office, 1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone
425-917-6505; fax<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2011-0158;
Directorate Identifier 2010-NM-118-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    On October 19, 2009, we issued AD 2009-22-13, amendment 39-16066
(74 FR 55755, October 29, 2009), for certain Boeing Model 767-200, -
300, -300F, and -400ER series airplanes. That AD requires an inspection
to determine if certain motor operated valve (MOV) actuators for the
fuel tanks are installed, and related investigative and corrective
actions if necessary. That AD resulted from fuel system reviews
conducted by the manufacturer. We issued that AD to prevent an ignition
source inside the fuel tanks, which, in combination with flammable fuel
vapors, could result in a fuel tank explosion and consequent loss of
the airplane.

Actions Since Existing AD Was Issued

    Since we issued AD 2009-22-13, Boeing issued a revision to Boeing
Alert Service Bulletin 767-28A0090, dated July 3, 2008 (which was
referenced as a source of service information in AD 2009-22-13). Boeing
Service Bulletin 767-28A0090, Revision 2, dated September 2, 2010,
corrects the group configuration assignment for certain airplanes, adds
airplanes to the effectivity, and adds additional work for certain
airplanes that accomplished Boeing Alert Service Bulletin 767-28A0090,
dated July 3, 2008; or Boeing Service Bulletin 767-28A0090, Revision 1,
dated April 1, 2010. The actions described in Boeing Service Bulletin
767-28A0090, Revision 2, dated September 2, 2010, are similar to those
described in Boeing Alert Service Bulletin 767-28A0090, dated July 3,
2008.

    The airplanes that were assigned to the wrong group configuration
(Group 3 instead of Group 2) and accomplished the requirements of AD
2009-22-13 in accordance with Boeing Alert Service Bulletin 767-
28A0090, dated July 3, 2008, need to do additional inspections to
determine if certain motor operated valve actuators for the fuel tanks
are installed, and related investigative and corrective actions if
necessary, in accordance with Boeing Service Bulletin 767-28A0090,
Revision 2, dated September 2, 2010 (the new group configuration has
more work packages than the old group configuration).
    The airplanes that were assigned to the wrong group configuration
(Group 4 instead of Group 1) in Boeing Alert Service Bulletin 767-
28A0090, dated July 3, 2008; or Boeing Service Bulletin 767-28A0090,
Revision 1, dated April 1, 2010; and accomplished actions using either
of those service bulletins need to do additional inspections to
determine if certain MOV actuators for the fuel tanks are installed,
and related investigative and corrective actions if necessary, in
accordance with Boeing Service Bulletin 767-28A0090, Revision 2, dated
September 2, 2010 (the new group configuration has more work packages
than the old group configuration).

FAA's Determination and Requirements of the Proposed AD

    We have evaluated all pertinent information and identified an
unsafe condition that is likely to develop on other airplanes of the
same type design. For this reason, we are proposing this AD, which
would supersede AD 2009-22-13 and would retain the requirements of the
existing AD. This proposed AD would also require, for certain
airplanes, accomplishing the actions specified in the Boeing Service
Bulletin 767-28A0090, Revision 2, dated September 2, 2010, described
previously.

Costs of Compliance

    There are about 398 airplanes of U.S. registry. The following table
provides the estimated costs for U.S. operators to comply with this
proposed AD.

                                                 Estimated Costs
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                                                                                Cost on U.S.
             Action                    Labor cost          Parts cost      Cost per product        operators
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Inspection for presence of MOV    Between 2 and 4      none.............  Between $170 and    Between $67,660
 actuators (required by AD 2009-   work-hours x $85                        $340.               and $135,320.
 22-13).                           per hour = Between
                                   $170 and $340.
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Authority for This Rulemaking

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

Regulatory Findings

    We have determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that the proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket. See the
ADDRESSES section for a location to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

    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]

    2. The FAA amends Sec.  39.13 by removing amendment 39-16066 (74 FR
55755, October 29, 2009) and adding the following new AD:

The Boeing Company: Docket No. FAA-2011-0158; Directorate Identifier
2010-NM-118-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by April 28,
2011.

Affected ADs

    (b) This AD supersedes AD 2009-22-13, Amendment 39-16066.

Applicability

    (c) This AD applies to The Boeing Company Model 767-200, -300, -
300F, and -400ER series airplanes, certificated in any category; as
identified in Boeing Service Bulletin 767-28A0090, Revision 2, dated
September 2, 2010.

Subject

    (d) Air Transport Association (ATA) of America Code 28: Fuel.

Unsafe Condition

    (e) This AD results from fuel system reviews conducted by the
manufacturer. The Federal Aviation Administration is issuing this AD
to prevent an ignition source inside the fuel tanks, which, in
combination with flammable fuel vapors, could result in a fuel tank
explosion and consequent loss of the airplane.

Compliance

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

Restatement of Requirements of AD 2009-22-13, With Revised Service
Information

Inspection and Related Investigative/Corrective Actions

    (g) For Model 767-200, -300, -300F, and -400ER series airplanes,
as identified in Boeing Alert Service Bulletin 767-28A0090, dated
July 3, 2008: Within 60 months after December 3, 2009 (the effective
date of AD 2009-22-13), do the actions in paragraphs (g)(1) and
(g)(2) of this AD.
    (1) Inspect the motor operated valves (MOVs) in the main and
center fuel tanks to determine if any MOV having part number (P/N)
MA20A1001-1 is installed, in accordance with the Accomplishment
Instructions of Boeing Alert Service Bulletin 767-28A0090, dated
July 3, 2008; or Boeing Service Bulletin 767-28A0090, Revision 2,
dated September 2, 2010. A review of airplane maintenance records is
acceptable in lieu of this inspection if the part number can be
conclusively determined from that review. After the effective date
of this AD, only Revision 2 may be used.
    (2) Do all applicable related investigative and corrective
actions specified in and in accordance with the Accomplishment
Instructions of Boeing Alert Service Bulletin 767-28A0090, dated
July 3, 2008; or Boeing Service Bulletin 767-28A0090, Revision 2,
dated September 2, 2010; except as provided by paragraph (h) of this
AD. After the effective date of this AD, only Revision 2 may be
used.

Alternative Part Numbers

    (h) Where Boeing Alert Service Bulletin 767-28A0090, dated July
3, 2008; or Boeing Service Bulletin 767-28A0090, Revision 2, dated
September 2, 2010; specifies replacing any actuator having P/N
MA20A1001-1 with a new actuator having P/N MA30A1001, a serviceable
actuator having any of the following part numbers is also acceptable
as a replacement part: MA30A1001; MA20A2027 (S343T003-56);
MA11A1265-1 (S343T003-41); or AV-31-1 (S343T003-111).

New Requirements of This AD

Inspection and Related Investigative/Corrective Actions for Additional
Airplanes

    (i) For airplanes that are identified in Boeing Service Bulletin
767-28A0090, Revision 2, dated September 2, 2010, but are not
identified in paragraph (g) of this AD: Within 60 months after
December 3, 2009, do the actions required by paragraph (g) of this
AD in accordance with Boeing Service Bulletin 767-28A0090, Revision
2, dated September 2, 2010.

Revised Inspection and Related Investigative/Corrective Actions
Instructions for Certain Airplanes

    (j) For airplanes having variable numbers (VNs) VN921, VN922,
and VN966 through VN972 inclusive, that accomplished the actions
required in paragraph (g) of this AD before the effective date of
this AD in accordance with Boeing Alert Service Bulletin 767-
28A0090, dated July 3, 2008: Within 60 months after December 3,
2009, do the actions specified in paragraphs (j)(1) and (j)(2) of
this AD.
    (1) Inspect the motor operated valves (MOVs) in the main and
center fuel tanks to determine if any MOV having part number (P/N)
MA20A1001-1 is installed, in accordance with Work Packages 2, 3, 4,
and 5 of the Accomplishment Instructions of Boeing Service Bulletin
767-28A0090, Revision 2, dated September 2, 2010. A review of
airplane maintenance records is acceptable in lieu of this
inspection if the part number can be conclusively determined from
that review.
    (2) Do all applicable related investigative and corrective
actions specified in and in accordance with Work Packages 2, 3, 4,
and 5 of the Accomplishment Instructions of Boeing Service Bulletin
767-28A0090, Revision 2, dated September 2, 2010; except as provided
by paragraph (h) of this AD.
    (k) For airplanes having VNs VF181 through VF184 inclusive that
accomplished the actions required in paragraph (g) of this AD before
the effective date of this AD in accordance with Boeing Alert
Service Bulletin 767-28A0090, dated July 3, 2008; or Boeing Service
Bulletin 767-28A0090, Revision 1, dated April 1, 2010: Within 60
months after December 3, 2009, do the actions in paragraphs (k)(1)
and (k)(2) of this AD.
    (1) Inspect the motor operated valves (MOVs) in the main and
center fuel tanks to determine if any MOV having part number (P/N)
MA20A1001-1 is installed, in accordance with Work Packages 2, 3, 4,
and 5 of the Accomplishment Instructions of Boeing Service Bulletin
767-28A0090, Revision 2, dated September 2, 2010. A review of
airplane maintenance records is acceptable in lieu of this
inspection if the part number can be conclusively determined from
that review.
    (2) Do all applicable related investigative and corrective
actions specified in and in accordance with Work Packages 2, 3, 4,
and 5 of the Accomplishment Instructions of Boeing Service Bulletin
767-28A0090, Revision 2, dated September 2, 2010; except as provided
by paragraph (h) of this AD.

Credit for Actions Accomplished in Accordance With Previous Service
Information

    (l) Actions done before the effective date of this AD in
accordance with Boeing Service Bulletin 767-28A0090, Revision 1,
dated April 1, 2010, are acceptable for compliance with the
requirements of paragraphs (i) and (j) of this AD.

Alternative Methods of Compliance (AMOCs)

    (m)(1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. In accordance with 14
CFR 39.19, send your request to your principal inspector or local
Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in the Related Information
section of this AD. Information may be e-mailed to<EMAIL_ADDRESS>    (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.
    (3) AMOCs approved previously for AD 2009-22-13 are approved as
AMOCs for the corresponding provisions of this AD.

Related Information

    (n) For more information about this AD, contact Douglas Bryant,
Aerospace Engineer, Propulsion Branch, ANM-140S, FAA, Seattle ACO,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone 425-
917-6505; fax<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>    (o) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone
206-544-5000, extension 1; fax<PHONE_NUMBER>; e-mail
<EMAIL_ADDRESS>Internet https://www.myboeingfleet.com. You
may review copies of the referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on March 4, 2011.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-5721 Filed 3-11-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 217 (Thursday, November 8, 2012)]
[Notices]
[Pages 66977-66978]
[FR Doc No: 2012-27329]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2012-0817; FRL-9749-9]

Access by EPA Contractors to Information Claimed as Confidential
Business Information (CBI) Submitted under Title II of the Clean Air
Act and Related Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA's Office of Transportation and Air Quality (OTAQ) plans to
authorize various contractors to access information which will be
submitted to EPA under Title II of the Clean Air Act that may be
claimed as, or may be determined to be, confidential business
information (CBI). Access to this information, which is related to 40
CFR Part 79; 40 CFR Part 80; and 40 CFR Part 98, Subparts A, LL and MM
will begin on November 19, 2012.

DATES: EPA will accept comments on this Notice through November 13,
2012.

FOR FURTHER INFORMATION CONTACT: Jaimee Dong, Environmental Protection
Agency, 1200 Pennsylvania Avenue NW., MC 6405J; telephone number: 202-
343-9672; fax number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Does this notice apply to me?

    This action is directed to the general public. However, this action
may be of particular interest to parties who submit or have previously
submitted information to EPA regarding the following programs: Fuel and
fuel additive registration (40 CFR part 79); and various fuels programs
including reformulated gasoline, anti-dumping, gasoline sulfur, ultra
low sulfur diesel, benzene content, and the renewable fuel standard (40
CFR part 80). This action may also be of particular interest to parties
such as suppliers of coal-based liquid fuels and suppliers of petroleum
products, as described in 40 CFR part 98 subparts LL and MM,
respectively. (40 CFR part 98, subpart A contains general provisions
related to registration and reporting.) Parties who may be interested
in this notice include refiners, importers, and exporters of these
products.
    This Federal Register notice may be of particular relevance to
parties that have submitted data under the above-listed programs. Since
other parties may also be interested, the Agency has not attempted to
describe all the specific parties that may be affected by this action.
If you have further questions regarding the applicability of this
action to a particular party, please contact the person listed in FOR
FURTHER INFORMATION CONTACT.

II. How can I get copies of this document and other related
information?

A. Electronically

    EPA has established a public docket for this Federal Register
notice under Docket EPA-HQ-OAR-2012-0817.
    All documents in the docket are identified in the docket index
available at http://www.regulations.gov. Although listed in the index,
some information is not publicly available, such as confidential
business information (CBI) or other information for which disclosure is
restricted by statute. Certain materials, such as copyrighted material,
will only be available in hard copy at the EPA Docket Center.

B. EPA Docket Center

    Materials listed under Docket EPA-HQ-OAR-2012-0817 will be
available either electronically through http://www.regulations.gov or
in hard copy at the Air and Radiation Docket and Information Center,
EPA/DC, EPA West, Room 3334, 1301 Constitution Avenue NW., Washington,
DC 20460. The EPA Docket Center Public Reading Room is open from 8:30
a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the Reading Room is<PHONE_NUMBER>, and the
telephone number for the Air Docket is<PHONE_NUMBER>.

III. Description of Programs and Potential Disclosure of Information
Claimed as Confidential Business Information (CBI) to Contractors

    EPA's Office of Transportation and Air Quality (OTAQ) has
responsibility for protecting public health and the environment by
regulating air pollution from motor vehicles, engines, and the fuels
used to operate them, and by encouraging travel choices that minimize
emissions. In order to implement various Clean Air Act programs, and to
permit regulated entities flexibility in meeting regulatory
requirements (e.g., compliance on average), we collect compliance
reports and other information from them. Occasionally, the information
submitted is claimed to be confidential business information (CBI).
Information submitted under such a claim is handled in accordance with
EPA's regulations at 40 CFR part 2, subpart B and in accordance with
EPA procedures, including comprehensive system security plans (SSPs)
that are consistent with those regulations. When EPA has determined
that disclosure of information claimed as CBI to contractors is
necessary, the corresponding contract must address the appropriate use
and handling of the information by the contractor and the contractor
must require its personnel who require access to information claimed as
CBI to sign written non-disclosure agreements before they are granted
access to data.
    In accordance with 40 CFR 2.301(h), we have determined that the
contractors, subcontractors, and grantees (collectively referred to as
``contractors'') listed below require access to CBI submitted to us
under the Clean Air Act and in connection with the Mandatory Greenhouse
Gas (GHG) Reporting Rule [40 CFR part 98, subparts A (general
registration and reporting provisions) LL, and MM], as well as various
OTAQ programs related to fuels, vehicles, and engines (40 CFR parts 79
and 80) and we are providing notice and an opportunity to comment. OTAQ
collects this data in order to monitor compliance with Clean Air Act
programs and, in many cases, to permit regulated parties flexibility in
meeting regulatory requirements. For example, data that may contain CBI
is collected in order to register fuels and fuel additives prior to
introduction into commerce and to certify engines. Certain programs are
designed to permit regulated parties an opportunity to comply on
average, or to engage in transactions using various types of credits.
For example, OTAQ collects information about batches of gasoline that
refiners produce in order to ensure compliance with reformulated
gasoline standards. We are issuing this Federal Register notice to
inform all affected submitters of information that we plan to grant
access to material that may be claimed as CBI to the contractors
identified below on a need-to-know basis.
    Under Contract Number EP-C-11-007, SRA International, Inc., 4300
Fair Lakes Court, Fairfax, VA 22033, and its subcontractor, PowerSolv,
1801 Robert Fulton Drive, Suite 550, Reston, VA 20191, provide report
processing, program support, technical support, and information
technology services that involve access to information claimed as CBI
related to 40 CFR part 79, 40 CFR part 80, and 40 CFR part 98 subparts
A, LL, and MM. Access to data, including information claimed as CBI,
will commence on November 19, 2012 and will continue until December 31,
2015. If the contract is extended, this access will continue for the
remainder of the contract without further notice.
    OTAQ utilizes the services of enrollees under the Senior
Environmental Employment (SEE) program. SEE enrollees are provided
through Grant Number CQ-834621, the National Association for Hispanic
Elderly (NAHE), 234 E. Colorado Blvd., Suite 300, Pasadena, California
91101. Access to data relating to all of OTAQ's programs and to
subparts A, LL, and MM of the Mandatory GHG Reporting Rule, including
information claimed as CBI, is ongoing and will continue until March
16, 2013. If the grant is extended, this access will continue for the
remainder of the grant and any future extensions without further
notice.
    Parties who wish further information about this Federal Register
notice or about OTAQ's disclosure of information claimed as CBI to
contactors may contact the person listed under FOR FURTHER INFORMATION
CONTACT.

List of Subjects

    Environmental protection; confidential business information.

    Dated: October 18, 2012.
Byron J. Bunker,
Acting Director, Compliance Division, Office of Transportation & Air
Quality, Office of Air and Radiation.
[FR Doc. 2012-27329 Filed 11-7-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 86, Number 94 (Tuesday, May 18, 2021)]
[Notices]
[Pages 26997-26999]
[FR Doc No: 2021-10391]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-91877]

Order Granting Application by Nasdaq PHLX LLC for an Exemption
Pursuant to Section 36(a) of the Exchange Act From the Rule Filing
Requirements of Section 19(b) of the Exchange Act With Respect to
Certain Rules Incorporated by Reference

May 12, 2021.
    Nasdaq PHLX LLC (``PHLX'' or the ``Exchange'') has filed with the
Securities and Exchange Commission (``Commission'') an application for
an exemption under Section 36(a)(1) of the Securities Exchange Act of
1934 (``Act'' or ``Exchange Act'') \1\ from the rule filing
requirements of Section 19(b) of the Act \2\ with respect to certain
rules of the Financial Industry Regulatory Authority, Inc. (``FINRA'')
that the Exchange seeks to incorporate by reference.\3\ Section 36 of
the Exchange Act authorizes the Commission to conditionally or
unconditionally exempt any person, security, or transaction, or any
class thereof, from any provision of the Exchange Act or rule
thereunder, if necessary or appropriate in the public interest and
consistent with the protection of investors.
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    \1\ 15 U.S.C. 78mm(a)(1).
    \2\ 15 U.S.C. 78s(b).
    \3\ See Letter from Angela Dunn, Principal Associate General
Counsel, to J. Matthew DeLesDernier, Assistant Secretary, Securities
and Exchange Commission, dated March 5, 2021 (``Exemptive
Request'').
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    On March 17, 2021, the Commission published notice of the
Exchange's proposal to adopt rules that update an existing but outdated
reference to an NASD rule to refer instead to a current FINRA rule, and
that incorporate certain FINRA rules related to recordkeeping
requirements.\4\ The proposed rule change was immediately effective
upon filing pursuant to Section

19(b)(3)(A)(iii) \5\ of the Exchange Act 4, and Rule 19b-4(f)(6)
thereunder.\6\
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    \4\ See Exchange Act Release No. 91342 (Mar. 17, 2021), 86 FR
15538 (Mar. 23, 2021) (SR-PHLX-2021-13).
    \5\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \6\ 17 CFR 240.19b-4(f)(6).
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    The Exchange has requested, pursuant to Rule 0-12 under the
Exchange Act,\7\ that the Commission grant the Exchange an exemption
from the rule filing requirements of Section 19(b) of the Act for
changes to those PHLX rules that are effected solely by virtue of a
change to a FINRA rule that is incorporated by reference.\8\
Specifically, PHLX requests that it be permitted to incorporate changes
made to each FINRA rule (or series of rules as the case may be) that is
incorporated by reference in the following PHLX Rules, without the need
for the Exchange to file separately the same proposed rule changes
pursuant to Section 19(b) of the Exchange Act:\9\
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    \7\ 17 CFR 240.0-12.
    \8\ See Exemptive Request, supra note 3, at 2.
    \9\ Id.
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     General 9, Section 19 (Discretionary Accounts), which
incorporates by reference FINRA Rule 3260;
     General 9, Section 30 (Books and Records), which
incorporates by reference FINRA Rule 4511; and
     General 9, Section 45 (Customer Account Information),
which incorporates by reference FINRA Rule 4512.
    The Exchange states that the direct incorporations by reference of
FINRA rules, which are regulatory in nature,\10\ are intended to ensure
that the Exchange's Rulebook will remain consistent at all times with
respect to the Exchange's Rulebook pertaining to Discretionary
Accounts, Books and Records, and Customer Account Information, and for
that reason, the Exchange believes the exemption is appropriate.\11\
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    \10\ See id. The Exchange represents that the FINRA rules
proposed to be incorporated by reference are not trading rules.
    \11\ See id. at 3.
---------------------------------------------------------------------------

    The Exchange represents that, as a condition to the requested
exemption from Section 19(b) of the Exchange Act, the Exchange will
provide written notice to its members whenever FINRA proposes a change
to a cross-referenced rule.\12\ Such notice will alert Exchange members
to the proposed rule change and give them an opportunity to comment on
the proposal.\13\
---------------------------------------------------------------------------

    \12\ The Exchange represents that it will provide such notice on
its website in the same website location it uses to post its own
proposed rule change filings pursuant to Rule 19b-4(l) within the
same timeframe required by such Rule. The PHLX website will also
include a link to the FINRA website where applicable proposed rule
change is posted. See id. at 2.
    \13\ See id.
---------------------------------------------------------------------------

    The Commission has issued exemptions similar to the Exchange's
request.\14\ In granting one such exemption in 2010, the Commission
repeated a prior 2004 Commission statement that it would consider
similar future exemption requests from other SROs, provided that:
---------------------------------------------------------------------------

    \14\ See, e.g., Exchange Act Release Nos. 83296 (May 21, 2018),
83 FR 24362 (May 25, 2018) (order granting NYSE National, Inc.'s
exemptive request relating to rules of FINRA incorporated by
reference); 83040 (April 12, 2018), 83 FR 17198 (April 18, 2018)
(order granting MIAX PEARL's exemptive request relating to rules of
MIAX incorporated by reference); 78101 (June 17, 2016), 81 FR 41141,
41165 (June 23, 2016) (order granting application for registration
as a national securities exchange of Investors' Exchange, LLC and
exemptive request relating to rules of FINRA incorporated by
reference); 76998 (January 29, 2016), 81 FR 6066, 6083-84 (February
4, 2016) (order granting application for registration as a national
securities exchange of ISE Mercury, LLC (now known as Nasdaq MRX,
LLC) and exemptive request relating to rules of the International
Securities Exchange, LLC (now known as Nasdaq ISE, LLC) (``ISE'')
incorporated by reference, including index options rules); 70050
(July 26, 2013), 78 FR 46622, 46642 (August 1, 2013) (order granting
application for registration as a national securities exchange of
Topaz Exchange, LLC (now known as Nasdaq GEMX, LLC) and exemptive
request relating to rules of ISE incorporated by reference,
including index options rules); 61152 (December 10, 2009), 74 FR
66699, 66709-10 (December 16, 2009) (order granting application for
registration as a national securities exchange of C2 Options
Exchange, Incorporated and exemptive request relating to rules of
CBOE incorporated by reference, including index options rules). See
also, e.g., Exchange Act Release No. 61534 (February 18, 2010), 75
FR 8760 (February 25, 2010) (order granting BATS Exchange, Inc.'s
exemptive request relating to rules incorporated by reference by the
BATS Exchange Options Market rules) (``BATS Options Market Order'').
---------------------------------------------------------------------------

     An SRO wishing to incorporate rules of another SRO by
reference has submitted a written request for an order exempting it
from the requirement in Section 19(b) of the Exchange Act to file
proposed rule changes relating to the rules incorporated by reference,
has identified the applicable originating SRO(s), together with the
rules it wants to incorporate by reference, and otherwise has complied
with the procedural requirements set forth in the Commission's release
governing procedures for requesting exemptive orders pursuant to Rule
0-12 under the Act; \15\
---------------------------------------------------------------------------

    \15\ See 17 CFR 240.0-12; Exchange Act Release No. 39624
(February 5, 1998), 63 FR 8101 (February 18, 1998) (Commission
Procedures for Filing Applications for Orders for Exemptive Relief
Pursuant to Section 36 of the Act).
---------------------------------------------------------------------------

     The incorporating SRO has requested incorporation of
categories of rules (rather than individual rules within a category)
that are not trading rules (e.g., the SRO has requested incorporation
of rules such as margin, suitability, or arbitration); and
     The incorporating SRO has reasonable procedures in place
to provide written notice to its members each time a change is proposed
to the incorporated rules of another SRO.\16\
---------------------------------------------------------------------------

    \16\ See BATS Options Market Order, supra note 14 (citing
Exchange Act Release No. 49260 (February 17, 2004), 69 FR 8500
(February 24, 2004) (order granting exemptive request relating to
rules incorporated by reference by several SROs) (``2004 Order'')).
---------------------------------------------------------------------------

    The Commission believes that the Exchange has satisfied each of
these conditions. The Commission also believes that granting the
Exchange an exemption from the rule filing requirements under Section
19(b) of the Exchange Act will promote efficient use of Commission and
Exchange resources by avoiding duplicative rule filings based on
simultaneous changes to identical rule text sought by more than one
SRO.\17\ Finally, the Commission notes that any changes that the
Exchange would make to General 9, Section 19 (Discretionary Accounts),
General 9, Section 30 (Books and Records), and General 9, Section 45
(Customer Account Information), other than those changes that
incorporate by reference changes to the FINRA rules specifically
referenced herein, are not exempted from Section 19(b) of the Exchange
Act. The Commission therefore finds it appropriate in the public
interest and consistent with the protection of investors to exempt the
Exchange from the rule filing requirements under Section 19(b) of the
Exchange Act with respect to the following PHLX rules: General 9,
Section 19 (Discretionary Accounts), which incorporates by reference
FINRA Rule 3260; General 9, Section 30 (Books and Records), which
incorporates by reference FINRA Rule 4511; and General 9, Section 45
(Customer Account Information), which incorporates by reference FINRA
Rule 4512. This exemption is conditioned upon the Exchange promptly
providing written notice to its members whenever FINRA changes a rule
that the Exchange has incorporated by reference.
---------------------------------------------------------------------------

    \17\ See id. at 8761. See also 2004 Order, supra note 16, at
8502.
---------------------------------------------------------------------------

    Accordingly, it is ordered, pursuant to Section 36 of the Exchange
Act,\18\ that the Exchange is exempt from the rule filing requirements
of Section 19(b) of the Act solely with respect to changes to PHLX
Rules General 9, Section 19 (Discretionary Accounts), which
incorporates by reference FINRA Rule 3260; General 9 Section 30 (Books
and Records), which incorporates by reference FINRA Rule 4511; and
General 9, Section 45 (Customer Account Information), which
incorporates by reference FINRA Rule 4512, provided that the Exchange
promptly provides

written notice to its members whenever FINRA proposes to change a rule
that the Exchange has incorporated by reference.
---------------------------------------------------------------------------

    \18\ 15 U.S.C. 78mm.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\19\
---------------------------------------------------------------------------

    \19\ 17 CFR 200.30-3(a)(76).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-10391 Filed 5-17-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 60 (Monday, March 30, 2015)]
[Notices]
[Pages 16689-16691]
[FR Doc No: 2015-07147]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2015-0001; Internal Agency Docket No. FEMA-B-1476]

Changes in Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice lists communities where the addition or
modification of Base Flood Elevations (BFEs), base flood depths,
Special Flood Hazard Area (SFHA) boundaries or zone designations, or
the regulatory floodway (hereinafter referred to as flood hazard
determinations), as shown on the Flood Insurance Rate Maps (FIRMs), and
where applicable, in the supporting Flood Insurance Study (FIS)
reports, prepared by the Federal Emergency Management Agency (FEMA) for
each community, is appropriate because of new scientific or technical
data. The FIRM, and where applicable, portions of the FIS report, have
been revised to reflect these flood hazard determinations through
issuance of a Letter of Map Revision (LOMR), in accordance with Title
44, Part 65 of the Code of Federal Regulations (44 CFR part 65). The
LOMR will be used by insurance agents and others to calculate
appropriate flood insurance premium rates for new buildings and the
contents of those buildings. For rating purposes, the currently
effective community number is shown in the table below and must be used
for all new policies and renewals.

DATES: These flood hazard determinations will become effective on the
dates listed in the table below and revise the FIRM panels and FIS
report in effect prior to this determination for the listed
communities.
    From the date of the second publication of notification of these
changes in a newspaper of local circulation, any person has 90 days in
which to request through the community that the Deputy Associate
Administrator for Mitigation reconsider the changes. The flood hazard
determination information may be changed during the 90-day period.

ADDRESSES: The affected communities are listed in the table below.
Revised flood hazard information for each community is available for
inspection at both the online location and the respective community map
repository address listed in the table below. Additionally, the current
effective FIRM and FIS report for each community are accessible online
through the FEMA Map Service Center at www.msc.fema.gov for comparison.
    Submit comments and/or appeals to the Chief Executive Officer of
the community as listed in the table below.

FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Chief, Engineering
Management Branch, Federal Insurance and Mitigation Administration,
FEMA, 500 C Street SW., Washington, DC 20472,<PHONE_NUMBER>, or
(email<EMAIL_ADDRESS>or visit the FEMA Map Information
eXchange (FMIX) online at www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: The specific flood hazard determinations are
not described for each community in this notice. However, the online
location and local community map

repository address where the flood hazard determination information is
available for inspection is provided.
    Any request for reconsideration of flood hazard determinations must
be submitted to the Chief Executive Officer of the community as listed
in the table below.
    The modifications are made pursuant to section 201 of the Flood
Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance
with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq.,
and with 44 CFR part 65.
    The FIRM and FIS report are the basis of the floodplain management
measures that the community is required either to adopt or to show
evidence of having in effect in order to qualify or remain qualified
for participation in the National Flood Insurance Program (NFIP).
    These flood hazard determinations, together with the floodplain
management criteria required by 44 CFR 60.3, are the minimum that are
required. They should not be construed to mean that the community must
change any existing ordinances that are more stringent in their
floodplain management requirements. The community may at any time enact
stricter requirements of its own or pursuant to policies established by
other Federal, State, or regional entities. The flood hazard
determinations are in accordance with 44 CFR 65.4.
    The affected communities are listed in the following table. Flood
hazard determination information for each community is available for
inspection at both the online location and the respective community map
repository address listed in the table below. Additionally, the current
effective FIRM and FIS report for each community are accessible online
through the FEMA Map Service Center at www.msc.fema.gov for comparison.

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

    Dated: February 23, 2015.
Roy E. Wright,
Deputy Associate Administrator for Mitigation, Department of Homeland
Security, Federal Emergency Management Agency.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                         Chief executive                         Online location of
        State and county           Location and  case      officer  of        Community map        letter of  map       Effective date of     Community
                                          No.               community          repository             revision             modification          No.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Delaware: New Castle............  Unincorporated       The Honorable       New Castle County   http://                Jan. 30, 2015........       105085
                                   areas of New         Thomas P. Gordon,   Government          www.msc.fema.gov/
                                   Castle County (14-   New Castle County   Center, 87 Reads    lomc.
                                   03-0976P).           Executive, 87       Way, New Castle,
                                                        Reads Way, New      DE 19720.
                                                        Castle, DE 19720.
Pennsylvania:
    Allegheny...................  City of Pittsburgh   The Honorable       Department of City  http://                Jan. 29, 2015........       420063
                                   (14-03-1501P).       William Peduto,     Planning, 200       www.msc.fema.gov/
                                                        Mayor, City of      Ross Street, 4th    lomc
                                                        Pittsburgh, 512     Floor,
                                                        City County         Pittsburgh, PA
                                                        Building, 414       15219.
                                                        Grant Street,
                                                        Pittsburgh, PA
                                                        15219.
    Bucks.......................  Borough of New Hope  Mr. John Burke,     Borough Hall, 123   http://                Mar. 17, 2015........       420195
                                   (14-03-1346P).       Manager, Borough    New Street, New     www.msc.fema.gov/
                                                        of New Hope, 123    Hope, PA 18938.     lomc
                                                        New Street, New
                                                        Hope, PA 18938.
Texas:
    Bexar.......................  City of San Antonio  The Honorable Ivy   Department of       http://                Feb. 12, 2015........       480045
                                   (14-06-3621P).       R. Taylor, Mayor,   Public Works,       www.msc.fema.gov/
                                                        City of San         Storm Water         lomc
                                                        Antonio, P.O. Box   Engineering, 1901
                                                        839966, San         South Alamo
                                                        Antonio, TX 78283.  Street, 2nd
                                                                            Floor, San
                                                                            Antonio, TX 78204.
    Bexar.......................  Unincorporated       The Honorable       Bexar County        http://                Feb. 12, 2015........       480035
                                   areas of Bexar       Nelson W. Wolff,    Public Works        www.msc.fema.gov/
                                   County, (14-06-      Bexar County        Department, 233     lomc
                                   3621P).              Judge, Paul         North Pecos-La
                                                        Elizondo Tower,     Trinidad Street,
                                                        101 West Nueva      Suite 420, San
                                                        Street, 10th        Antonio, TX 78207.
                                                        Floor, San
                                                        Antonio, TX 78205.
    Dallas......................  City of Farmers      The Honorable Bob   City Hall, 13000    http://                Feb. 2, 2015.........       480174
                                   Branch, (14-06-      Phelps, Mayor,      William Dodson      www.msc.fema.gov/
                                   2597P).              City of Farmers     Parkway, Farmers    lomc
                                                        Branch, 13000       Branch, TX 75234.
                                                        William Dodson
                                                        Parkway, Farmers
                                                        Branch, TX 75234.
    Dallas......................  Town of Highland     The Honorable Joel  Public Works        http://                Feb. 13, 2015........       480178
                                   Park, (14-06-        T. Williams, III,   Department, 4700    www.msc.fema.gov/
                                   0617P).              Mayor, Town of      Drexel Drive,       lomc
                                                        Highland Park,      Highland Park,
                                                        4700 Drexel         Texas 75205.
                                                        Drive, Highland
                                                        Park, Texas 75205.
    Ector.......................  City of Odessa, (14- The Honorable       City Hall, 411      http://                Feb. 10, 2015........       480206
                                   06-2873P).           David Turner,       West 8th Avenue,    www.msc.fema.gov/
                                                        Mayor, City of      Odessa, TX 79760.   lomc
                                                        Odessa, P.O. Box
                                                        4398, Odessa, TX
                                                        79760.
    Ellis.......................  City of Waxahachie,  The Honorable       401 South Rogers    http://                Jan. 29, 2015........       480211
                                   (13-06-4294P).       Kevin Strength,     Street,             www.msc.fema.gov/
                                                        Mayor, City of      Waxahachie, TX      lomc
                                                        Waxahachie, 401     75165.
                                                        South Rogers
                                                        Street,
                                                        Waxahachie, TX
                                                        75165.
    Grayson.....................  Town of Gunter, (14- The Honorable Don   Town Hall, 418      http://                Feb. 3, 2015.........       480832
                                   06-0033P).           Anderson, Mayor,    West Main Street,   www.msc.fema.gov/
                                                        Town of Gunter,     Gunter, TX 75058.   lomc
                                                        P.O. Box 349,
                                                        Gunter, TX 75058.

    Grayson.....................  Unincorporated       The Honorable Drue  Grayson County      http://                Feb. 3, 2015.........       480829
                                   areas of Grayson     Bynum, Grayson      Courthouse, 100     www.msc.fema.gov/
                                   County, (14-06-      County Judge, 100   West Houston        lomc
                                   0033P).              West Houston        Street, Sherman,
                                                        Street, Sherman,    TX 75090.
                                                        TX 75090.
    Lampasas....................  Unincorporated       The Honorable       Lampasas County     http://                Dec. 8, 2014.........       480899
                                   areas of Lampasas    Wayne L.            Courthouse,         www.msc.fema.gov/
                                   County.              Boultinghouse,      County Judge's      lomc
                                  (14-06-1364P)......   Lampasas County     Office, 501 East
                                                        Judge, P.O. Box     4th Street,
                                                        231, Lampasas, TX   Lampasas, TX
                                                        76550.              76550.
--------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. 2015-07147 Filed 3-27-15; 8:45 am]
 BILLING CODE 9110-12-P


[Federal Register Volume 82, Number 69 (Wednesday, April 12, 2017)]
[Notices]
[Pages 17656-17657]
[FR Doc No: 2017-07352]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER17-569-001.
    Applicants: National Choice Energy LLC.
    Description: Tariff Amendment: Baseline Amendment to be effective
12/30/2016.
    Filed Date: 4/6/17.
    Accession Number: 20170406-5242.
    Comments Due: 5 p.m. ET 4/27/17.

    Docket Numbers: ER17-883-001.
    Applicants: Duke Energy Florida, LLC.
    Description: Compliance filing: Errata filing to ER17-883 to be
effective 4/1/2017.
    Filed Date: 4/6/17.
    Accession Number: 20170406-5297.
    Comments Due: 5 p.m. ET 4/27/17.

    Docket Numbers: ER17-949-001.
    Applicants: California Independent System Operator Corporation.
    Description: Compliance filing: 2017-04-06 Metering Rules
Enhancement Compliance to be effective 4/10/2017.
    Filed Date: 4/6/17.
    Accession Number: 20170406-5306.
    Comments Due: 5 p.m. ET 4/27/17.

    Docket Numbers: ER17-1385-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Tariff Cancellation: Cancellation of First Revised
Service

Agreement No. 3737, Queue No. Y3-026 to be effective 3/29/2017.
    Filed Date: 4/6/17.
    Accession Number: 20170406-5102.
    Comments Due: 5 p.m. ET 4/27/17.

    Docket Numbers: ER17-1386-000.
    Applicants: Bishop Hill Energy LLC.
    Description: Sec.  205(d) Rate Filing: Revised Rate Schedule to be
effective 4/5/2017.
    Filed Date: 4/6/17.
    Accession Number: 20170406-5303.
    Comments Due: 5 p.m. ET 4/27/17.

    Docket Numbers: ER17-1387-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Tariff Cancellation: Notice of Cancellation of Service
Agreement No. 4652, Queue No. AB1-152 to be effective 5/26/2017.
    Filed Date: 4/6/17.
    Accession Number: 20170406-5311.
    Comments Due: 5 p.m. ET 4/27/17.

    Docket Numbers: ER17-1388-000.
    Applicants: Southern California Edison Company.
    Description: Sec.  205(d) Rate Filing: LGIA Luz Solar Partners LTD
IV Kramer Junction 4 Project to be effective 4/1/2017.
    Filed Date: 4/6/17.
    Accession Number: 20170406-5320.
    Comments Due: 5 p.m. ET 4/27/17.

    Docket Numbers: ER17-1389-000.
    Applicants: Southern California Edison Company.
    Description: Sec.  205(d) Rate Filing: LGIA Luz Solar Partners LTD
III Kramer Junction 3 Project to be effective 4/1/2017.
    Filed Date: 4/6/17.
    Accession Number: 20170406-5325.
    Comments Due: 5 p.m. ET 4/27/17.

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

    Dated: April 6, 2017.
Kimberly D. Bose,
Secretary.
[FR Doc. 2017-07352 Filed 4-11-17; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 61 (Thursday, March 29, 2018)]
[Notices]
[Page 13496]
[FR Doc No: 2018-06385]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2018-0042]

Chemical Transportation Advisory Committee; Vacancies

AGENCY: U.S. Coast Guard, Department of Homeland Security.

ACTION: Request for applications.

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

SUMMARY: The U.S. Coast Guard seeks applications for membership on the
Chemical Transportation Advisory Committee. The Chemical Transportation
Advisory Committee provides advice and makes recommendations on matters
relating to the safe and secure marine transportation of hazardous
materials insofar as they relate to matters within the United States
Coast Guard's jurisdiction.

DATES: Completed applications should reach the U.S. Coast Guard on or
before May 29, 2018.

ADDRESSES: Applicants should send a cover letter expressing interest in
an appointment to the Chemical Transportation Advisory Committee that
also identifies which membership category the applicant is applying
under, along with a resume detailing the applicant's experience via one
of the following methods:
     By Email: [email protected]; Subject Line: Chemical
Transportation Advisory Committee;
     By Fax:<PHONE_NUMBER> ATTN: Lieutenant Jake Lobb; or
     By Mail: Lieutenant Jake Lobb, Alternate Designated
Federal Official of the Chemical Transportation Advisory Committee,
Commandant, Hazardous Materials Division (CG-ENG-5), U.S. Coast Guard,
2703 Martin Luther King Jr. Ave. SE, Stop 7509, Washington, DC 20593-
7509.

FOR FURTHER INFORMATION CONTACT: Lieutenant Jake Lobb of the Chemical
Transportation Advisory Committee;<PHONE_NUMBER>;
[email protected].

SUPPLEMENTARY INFORMATION: The Chemical Transportation Advisory
Committee is a federal advisory committee which operates under the
provisions of the Federal Advisory Committee Act, 5 U.S.C. Appendix.
    The Chemical Transportation Advisory Committee provides advice and
recommendations to the Department of Homeland Security on matters
relating to the safe and secure marine transportation of hazardous
materials insofar as they relate to matters within the United States
Coast Guard's jurisdiction.
    The Chemical Transportation Advisory Committee meets at least twice
per year. It may also meet for extraordinary purposes. Its
subcommittees may meet to consider specific problems as required.
    The U.S. Coast Guard will consider applications for 8 positions
that become vacant on September 16, 2018. The membership categories
are: Chemical manufacturing, marine handling or transportation of
chemicals, vessel design and construction, marine safety or security,
and marine environmental protection. All members of the Chemical
Transportation Advisory Committee are Representatives. Each Chemical
Transportation Advisory Committee member serves for a term of three
years, and may serve no more than two consecutive three-year terms. A
member appointed to fill an unexpired term may serve the remainder of
that term. All members serve at their own expense and receive no
salary, reimbursement of travel expenses, or other compensation from
the Federal Government.
    The Department of Homeland Security does not discriminate in
selection of Committee members on the basis of race, color, religion,
sex, national origin, political affiliation, sexual orientation, gender
identity, marital status, disabilities and genetic information, age,
membership in an employee organization, or any other non-merit factor.
The Department of Homeland Security strives to achieve a widely diverse
candidate pool for all of its recruitment actions.
    If you are interested in applying to become a member of the
Committee, send your cover letter and resume to Lieutenant Jake Lobb,
Alternate Designated Federal Official of the Chemical Transportation
Advisory Committee, via one of the transmittal methods in the ADDRESSES
section by the deadline in the DATES section of this notice. All email
submittals will receive email receipt confirmation.

    Dated: March 23, 2018.
Jeffrey G. Lantz,
Director, Commercial Regulations and Standards.
[FR Doc. 2018-06385 Filed 3-28-18; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register: March 5, 2008 (Volume 73, Number 44)]
[Notices]
[Page 11963-11964]
[DOCID:fr05mr08-112]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-57388; File No. SR-FINRA-2007-039]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing of a Proposed Rule Change and
Amendment No. 1 Thereto To Establish an Exemption for Certain
Regulation NMS-Compliant Intermarket Sweep Orders From the Requirements
in IM-2110-2 (Trading Ahead of Customer Limit Order) and Rule 2111
(Trading Ahead of Customer Market Orders)

February 27, 2008.
    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 December 21, 2007, Financial Industry Regulatory Authority, Inc.
(``FINRA'') (f/k/a National Association of Securities Dealers, Inc.
(``NASD'')), filed with the Securities and Exchange Commission
(``Commission'' or ``SEC'') the proposed rule change as described in
Items I, II and III below, which Items have been prepared substantially
by FINRA. On February 11, 2008, FINRA filed Amendment No. 1 to make
certain clarifying changes to the description of the purpose of the
proposed rule change. The Commission is publishing this notice to
solicit comments on the proposed rule change, as amended, from
interested persons.
---------------------------------------------------------------------------

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

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

    FINRA is proposing to amend NASD Interpretive Material (IM) 2110-2
(Trading Ahead of Customer Limit Order) and NASD Rule 2111 (Trading
Ahead of Customer Market Orders) to establish an exemption for certain
proprietary trades that are a result of intermarket sweep orders
(``ISOs''). The text of the proposed rule change is available at http:/
/www.finra.org, the principal offices of FINRA, and 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, FINRA 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. FINRA 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
    IM-2110-2 (also referred to as the ``Manning Rule'') generally
prohibits a member from trading for its own account in an exchange-
listed security at a price that is equal to or better than an
unexecuted customer limit order in that security, unless the member
immediately thereafter executes the customer limit order at the price
at which it traded for its own account or better.\3\ The legal
underpinnings for the Manning Rule are a member's basic fiduciary
obligations and the requirement that a member must, in the conduct of
its business, ``observe high standards of commercial honor and just and
equitable principles of trade.'' \4\ The same principles on which the
Manning Rule is based apply to the treatment of customer market orders
pursuant to Rule 2111, which generally prohibits a member that accepts
and holds a customer market order from trading for its own account at
prices that would satisfy the customer market order, unless the firm
immediately thereafter executes the customer market order. The NYSE has
similar customer order protections in NYSE Rule 92 (Limitations on
Members' Trading Because of Customers' Orders), which generally
prohibits members or member organizations from entering proprietary
orders ahead of, or along with, customer orders that are executable at
the same price as the proprietary order.\5\
---------------------------------------------------------------------------

    \3\ The SEC approved changes to IM-2110-2 that, among other
things, expand the scope to OTC equity securities. See Securities
Exchange Act Release No. 55351 (February 26, 2007), 72 FR 9810
(March 5, 2007) (SR-NASD-2005-146). See also NASD Notice to Members
07-19 (April 2007). See also Securities Exchange Act Release Nos.
57133 (January 11, 2008), 73 FR 3500 (January 18, 2008) (SR-FINRA-
2007-038); 56822 (November 20, 2007), 72 FR 67326 (November 28,
2007) (SR-FINRA-2007-023); 56297 (August 21, 2007), 72 FR 49337
(August 28, 2007) (SR-NASD-2007-041); 56103 (July 19, 2007), 72 FR
40918 (July 25, 2007) (SR-NASD-2007-039).
    \4\ See NASD Rule 2110.
    \5\ NYSE Rule 92 applies to customer orders and does not
distinguish between customer limit orders and customer market
orders.
---------------------------------------------------------------------------

    On July 5, 2007, the SEC approved amendments to NYSE Rule 92 that,
among other things, added an exemption relating to ISOs.\6\
Specifically, as amended, NYSE Rule 92 provides that when routing ISOs,
the member organization is required to yield its principal executions
to those open customer orders that are required to be protected by NYSE
Rule 92 and capable of accepting the fill.\7\ In addition, if a firm
executes an ISO to facilitate a customer order at a price that is
inferior to one or more protected quotations, that customer must
consent to not receiving the better price obtained by the ISO(s) or the
firm must yield its principal execution to that customer.
---------------------------------------------------------------------------

    \6\ See Securities Exchange Release No. 56017 (July 5, 2007), 72
FR 38110 (July 12, 2007) (SR-NYSE-2007-21).
    \7\ Pursuant to NYSE Rule 92, customer orders that are required
to be protected are those open customer orders that are known to the
member organization before the entry of the ISO. See NYSE
Information Memo 07-68 (July 6, 2007).
---------------------------------------------------------------------------

    FINRA is proposing to establish a similar exemption from the
requirements in IM-2110-2 and Rule 2111 for certain Regulation NMS-
compliant ISOs. Specifically, FINRA is proposing to amend IM-2110-2 and
Rule 2111 to provide an exemption relating to trading for a member's
own account that is the result of an ISO routed in compliance with
Rules

600(b)(30)(ii) \8\ and 611(b)(6) \9\ of Regulation NMS where the
customer order is received after the member routed the ISO.
Additionally, the proposed amendments to IM-2110-2 and Rule 2111 would
provide an exemption relating to trading for a member's own account
that is the result of an ISO where the member executes the ISO to
facilitate a customer order and that customer has consented to not
receiving the better prices obtained by the ISO.
---------------------------------------------------------------------------

    \8\ The term ``intermarket sweep order'' is defined in Rule
600(b)(30) of Regulation NMS as a limit order for an NMS stock that
meets the following requirements: (i) When routed to a trading
center, the limit order is identified as an intermarket sweep order;
and (ii) simultaneously with the routing of the limit order
identified as an intermarket sweep order, one or more additional
limit orders, as necessary, are routed to execute against the full
displayed size of any protected bid, in the case of a limit order to
sell, or the full displayed size of any protected offer, in the case
of a limit order to buy, for the NMS stock with a price that is
superior to the limit price of the limit order identified as an
intermarket sweep order. These additional routed orders also must be
marked as intermarket sweep orders. See 17 CFR 242.600(b)(30).
    \9\ Rule 611(b)(6) of Regulation NMS provides an exception for a
trade-through transaction effected by a trading center that
simultaneously routes an ISO to execute against the full displayed
size of any protected quotation in the NMS stock that was traded
through. See 17 CFR 242.611(b)(6).
---------------------------------------------------------------------------

    FINRA believes the proposed rule change appropriately balances
important limit and market order protection requirements while
facilitating member compliance with Rule 611 of Regulation NMS, and
will more closely align IM-2110-2 and Rule 2111 with NYSE Rule 92.
FINRA understands that the turnaround time from when an ISO is sent out
and the response time to the sender is extremely short. Given this
short time period, FINRA believes that the proposed exemption is
appropriate. FINRA also believes that the proposed rule change will
facilitate and clarify the ISO process for members. The proposed rule
change will be effective upon the Commission's approval.
2. Statutory Basis
    FINRA believes that the proposed rule change is consistent with the
provisions of Section 15A(b)(6) of the Act,\10\ which requires, among
other things, that FINRA rules must be designed to prevent fraudulent
and manipulative acts and practices, to promote just and equitable
principles of trade, and, in general, to protect investors and the
public interest. FINRA believes that the proposed rule change will
facilitate members' compliance with their ISO routing obligations under
Rule 611 of Regulation NMS and provide an exemption from IM-2110-2 and
Rule 2111, substantially consistent with the changes in SR-NYSE-2007-
21.\11\
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78o-3(b)(6).
    \11\ See Securities Exchange Release No. 56017 (July 5, 2007),
72 FR 38110 (July 12, 2007).
---------------------------------------------------------------------------

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

    FINRA 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

    Written comments were neither solicited nor received.

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

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding, or (ii) as to
which Nasdaq consents, the Commission will:
    (A) By order approve such proposed rule change; or
    (B) Institute proceedings to determine whether the proposed rule
change should be disapproved.

FINRA has requested accelerated approval of this proposed rule change
prior to the 30th day after the date of publication of the notice of
the filing thereof. The Commission is considering granting accelerated
approval of the proposed rule change at the end of a 15-day comment
period.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-FINRA-2007-039 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-FINRA-2007-039. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/
rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for 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 FINRA. All comments
received will be posted without change; the Commission does not edit
personal identifying information from submissions. You should submit
only information that you wish to make publicly available. All
submissions should refer to File Number SR-FINRA-2007-039 and should be
submitted on or before March 20, 2008.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
---------------------------------------------------------------------------

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

Florence E. Harmon,
Deputy Secretary.
[FR Doc. E8-4173 Filed 3-4-08; 8:45 am]

BILLING CODE 8011-01-P


P-19-0189 Sanitized Support Documents Index:
 P-19-0189 Sanitized Determination Document (linked)
 P-19-0189 Sanitized CHEM Report (attached)
 P-19-0189 Sanitized ECO Report (attached)
 P-19-0189 Sanitized ENG Report (attached)
 P-19-0189 Sanitized EXP Report (attached)
 P-19-0189 Sanitized Fate Report (attached)
 P-19-0189 Sanitized HLTH Report_POST-FOCUS FINAL (attached)


[Federal Register Volume 87, Number 150 (Friday, August 5, 2022)]
[Notices]
[Page 48010]
[FR Doc No: 2022-16832]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER22-2513-000]

Deerfield Wind Energy 2, LLC; Supplemental Notice That Initial
Market-Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
Deerfield Wind Energy 2, LLC's application for market-based rate
authority, with an accompanying rate tariff, noting that such
application includes a request for blanket authorization, under 18 CFR
part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is August 22, 2022.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically may mail similar pleadings to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://www.ferc.gov) using
the ``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at [email protected] or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.

    Dated: August 1, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-16832 Filed 8-4-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: March 13, 2007 (Volume 72, Number 48)]
[Notices]
[Page 11354-11356]
[DOCID:fr13mr07-49]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2006-0969; FRL-8107-1]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Residential Lead-Based Paint Hazard Disclosure
Requirements; EPA ICR No. 1710.05, OMB Control No. 2070-0151

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), this document announces that EPA is planning to
submit a request to renew an existing approved Information Collection
Request (ICR) to the Office of Management and Budget (OMB). This ICR,
entitled: ``Residential Lead-Based Paint Hazard Disclosure
Requirements'' and identified by EPA ICR No. 1710.05 and OMB Control
No. 2070-0151, is scheduled to expire on November 30, 2007. Before
submitting the ICR to OMB for review and approval, EPA is soliciting
comments on specific aspects of the proposed information collection.

DATES: Comments must be received on or before May 14, 2007.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2006-0969, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.

Follow the on-line instructions for submitting comments.
     Mail: Document Control Office (7407M), Office of Pollution
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460-0001.
     Hand Delivery: OPPT Document Control Office (DCO), EPA
East Bldg., Rm. 6428, 1201 Constitution Ave., NW., Washington, DC.
Attention: Docket ID number EPA-HQ-OPPT-2006-0969. The DCO is open from
8 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the DCO is<PHONE_NUMBER>. Such deliveries are
only accepted during the DCO's normal hours of operation, and special
arrangements should be made for deliveries of boxed information.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPPT-
2006-0969. EPA's policy is that all comments received will be included
in the public docket without change and may be made available on-line
at http://www.regulations.gov, including any personal information

provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The regulations.gov website is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through regulations.gov your
e-mail address will be automatically captured and included as part of
the comment that is placed in the public docket and made available on
the Internet. If you submit an electronic comment, EPA recommends that
you include your name and other contact information in the body of your
comment and with any disk or CD ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the docket's
index available at http://www.regulations.gov. Although listed in the

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

hard copy, at the OPPT Docket. The OPPT Docket is located in the EPA
Docket Center (EPA/DC) at Rm. 3334, EPA West Bldg., 1301 Constitution
Ave., NW., Washington, DC. The EPA/DC Public Reading Room hours of
operation are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
Federal holidays. The telephone number of the EPA/DC Public Reading
Room is<PHONE_NUMBER>, and the telephone number for the OPPT Docket is
(202) 566-0280. Docket visitors are required to show photographic
identification, pass through a metal detector, and sign the EPA visitor
log. All visitor bags are processed through an X-ray machine and
subject to search. Visitors will be provided an EPA/DC badge that must
be visible at all times in the building and returned upon departure.

FOR FURTHER INFORMATION CONTACT: For general information contact: Colby
Lintner, Regulatory Coordinator, Environmental Assistance Division
(7408M), Office of Pollution Prevention and Toxics, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>
    For technical information contact: Julie Simpson, National Program
Chemicals Division (7404T), Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. What Information is EPA Particularly Interested in?

    Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically
solicits comments and information to enable it to:
    1. Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the Agency,
including whether the information will have practical utility.
    2. Evaluate the accuracy of the Agency's estimates of the burden of
the proposed collection of information, including the validity of the
methodology and assumptions used.
    3. Enhance the quality, utility, and clarity of the information to
be collected.
    4. Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses. In particular, EPA is requesting comments from
very small businesses (those that employ less than 25) on examples of
specific additional efforts that EPA could make to reduce the paperwork
burden for very small businesses affected by this collection.

II. What Should I Consider when I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your
comments:
    1. Explain your views as clearly as possible and provide specific
examples.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used
that support your views.
    4. If you estimate potential burden or costs, explain how you
arrived at the estimate that you provide.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternative ways to improve the collection activity.
    7. Make sure to submit your comments by the deadline identified
under DATES.
    8. To ensure proper receipt by EPA, be sure to identify the docket
ID number assigned to this action in the subject line on the first page
of your response. You may also provide the name, date, and Federal
Register citation.

III. What Information Collection Activity or ICR Does this Action Apply
to?

    Affected entities: Entities potentially affected by this action are
persons engaged in selling, purchasing, or leasing certain residential
dwellings built before 1978 or who are real estate agents representing
such parties.
    Title: Residential Lead-Based Paint Hazard Disclosure Requirements.
    ICR numbers: EPA ICR No. 1710.05, OMB Control No. 2070-0151.
    ICR status: This ICR is currently scheduled to expire on November
30, 2007. 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 OMB control number. The OMB control numbers for EPA's
regulations in title 40

of the CFR, after appearing in the Federal Register when approved, are
listed in 40 CFR part 9, are displayed either by publication in the
Federal Register or by other appropriate means, such as on the related
collection instrument or form, if applicable. The display of OMB
control numbers in certain EPA regulations is consolidated in 40 CFR
part 9.
    Abstract: Section 1018 of the Residential Lead-Based Paint Hazard
Reduction Act of 1992 (42 U.S.C. 4852d) requires that sellers and
lessors of most residential housing built before 1978 disclose known
information on the presence of lead-based paint and lead-based paint
hazards, and provide an EPA-approved pamphlet to purchasers and renters
before selling or leasing the housing. Sellers of pre-1978 housing are
also required to provide prospective purchasers with 10 days to conduct
an inspection or risk assessment for lead-based paint hazards before
obligating purchasers under contracts to purchase the property. The
rule does not apply to rental housing that has been found to be free of
lead-based paint, zero-bedroom dwellings, housing for the elderly,
housing for the handicapped, or short-term leases. The affected parties
and the information collection-related requirements related to each are
described below:
    1. Sellers of pre-1978 residential housing. Sellers of pre-1978
housing must attach certain notification and disclosure language to
their sales/leasing contracts. The attachment lists the information
disclosed and acknowledges compliance by the seller, purchaser, and any
agents involved in the transaction.
    2. Lessors of pre-1978 residential housing. Lessors of pre-1978
housing must attach notification and disclosure language to their
leasing contracts. The attachment, which lists the information
disclosed and acknowledges compliance with all elements of the rule,
must be signed by the lessor, lessee, and any agents acting on their
behalf. Agents and lessees must retain the information for 3 years from
the completion of the transaction.
    3. Agents acting on behalf of sellers or lessors. Section 1018 of
the Residential Lead-Based Paint Hazard Reduction Act of 1992
specifically directs EPA and the Department of Housing and Urban
Development (HUD) to require agents acting on behalf of sellers or
lessors to ensure compliance with the disclosure regulations.
    Responses to the collection of information are mandatory (see 40
CFR part 745, Subpart F, and 24 CFR part 35, Subpart H). Respondents
may claim all or part of a notice confidential. EPA will disclose
information that is covered by a claim of confidentiality only to the
extent permitted by, and in accordance with, the procedures in TSCA
section 14 and 40 CFR part 2.
    Burden statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 0.18
hours per response. Burden means the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal Agency. This
includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements which have subsequently changed; train
personnel to be able to respond to a collection of information; search
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information.
    The ICR provides a detailed explanation of this estimate, which is
only briefly summarized here:
    Estimated total number of potential respondents: 42,021,000.
    Frequency of response: On occasion.
    Estimated total average number of responses for each respondent: 1.
    Estimated total annual burden hours: 7,744,616 hours.
    Estimated total annual costs: $136,475,304. This includes an
estimated burden cost of $136,475,304 and an estimated cost of $0 for
capital investment or maintenance and operational costs.

IV. Are There Changes in the Estimates from the Last Approval?

    There is a decrease of 1,110,994 hours (from 8,855,610 hours to
7,744,616 hours) in the total estimated respondent burden compared with
that currently in the OMB inventory. This decrease reflects the
gradually declining share of target housing in the nation's housing
stock. The decrease is an adjustment.

V. What is the Next Step in the Process for this ICR?

    EPA will consider the comments received and amend the ICR as
appropriate. The final ICR package will then be submitted to OMB for
review and approval pursuant to 5 CFR 1320.12. EPA will issue another
Federal Register notice pursuant to 5 CFR 1320.5(a)(1)(iv) to announce
the submission of the ICR to OMB and the opportunity to submit
additional comments to OMB. If you have any questions about this ICR or
the approval process, please contact the technical person listed under
FOR FURTHER INFORMATION CONTACT.

List of Subjects

    Environmental protection, Reporting and recordkeeping requirements.

    Dated: March 6, 2007.
James B. Gulliford,
Assistant Administrator, Office of Prevention, Pesticides and Toxic
Substances.
[FR Doc. E7-4528 Filed 3-12-07; 8:45 am]

BILLING CODE 6560-50-S