[Federal Register Volume 86, Number 219 (Wednesday, November 17, 2021)]
[Notices]
[Pages 64197-64198]
[FR Doc No: 2021-25077]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 9709-070]

ECOsponsible, LLC; Notice of Termination of License (Major
Project) by Implied Surrender and Soliciting Comments, Protests, and
Motions To Intervene

    Take notice that the following hydroelectric proceeding has been
initiated by the Commission:
    a. Application Type: Termination of License by Implied Surrender.
    b. Project No: 9709-070.
    c. Date Initiated: November 8, 2021.
    d. Licensee: ECOsponsible, LLC.
    e. Name of Project: Herkimer Hydroelectric Project.
    f. Location: The Herkimer Hydroelectric Project is located on the
West Canada Creek, Herkimer County, New York.
    g. Filed Pursuant to: Standard Article 26.
    h. Applicant Contact: Mr. Dennis Ryan, ECOsponsible, LLC, 469
Snyder Road, East Aurora, New York 14052-9710.
    i. FERC Contact: David Rudisail,<PHONE_NUMBER>,
[email protected].
    j. Deadline for filing comments, motions to intervene and protests:
December 27, 2021.
    The Commission strongly encourages electronic filing. Please file
comments, motions to intervene, and protests using the Commission's
eFiling system at http://www.ferc.gov/docs-filing/efiling.asp.
Commenters can submit brief comments up to 6,000 characters, without
prior registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact
information at the end of your comments. For assistance, please contact
FERC Online Support at [email protected],<PHONE_NUMBER> (toll
free), or<PHONE_NUMBER> (TTY). In lieu of electronic filing, you may
submit a paper copy. Submissions sent via the U.S. Postal Service must
be addressed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 888 First Street NE, Room 1A, Washington, DC 20426.
Submissions sent via any other carrier must be addressed to: Kimberly
D. Bose, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins
Avenue, Rockville, Maryland 20852. The first page of any filing should
include docket numbers P-9709-070. Comments emailed to Commission staff
are not considered part of the Commission record.
    k. Description of Project Facilities: The project works include: A
timber crib dam with a 9-foot-high, 95-foot-long section reaching a
crest elevation of 420 feet mean sea level (msl) and 12-foot-high, 145-
foot-long section reaching a crest elevation of 419.2 feet msl; a
reservoir with a surface area of 19 acres, storage capacity of 163
acre-feet, and normal water surface elevation of 420.5 feet msl; timber
flashboards; an intake structure; a reinforced concrete and steel
powerhouse containing four generating units with a capacity of 400
kilowatts (kW) each and an 80-kW minimum flow generator at the base of
the dam for a total installed capacity of 1,680 kW; a 50-foot-long,
13.2-kilovolt transmission line; and appurtenant facilities. The
project has been not operated since 2006.
    l. Description of Proceeding: License Article 26 states in part: If
the licensee shall abandon or discontinue good faith operation of the
project or refuse or neglect to comply with the terms of the license
and the lawful orders of the Commission mailed to the record address of
the licensee or its agent, the Commission will deem it to be the intent
of the licensee to surrender the license.
    The project has fallen into disrepair and has not operated since
2006. The project was transferred to the licensee by order dated March
12, 2015 (2015 Order). The 2015 Order required the licensee to file a
plan and schedule to restore project operation within 60 days. Since
that time, the Commission's Division of Dam Safety and Inspections New
York Regional Office (NYRO) has issued eight letters requiring the
licensee to file a plan and schedule to make the needed repairs and to
restore project operation. The licensee has responded over the years
with at least five plans, but all have been deficient because they lack
sufficient detail for NYRO's review and approval. The licensee has
never filed satisfactory plans and specifications to repair the
project. On August 26, 2021, NYRO inspected the project and found it in
unsatisfactory condition and largely abandoned. The licensee did not
attend the inspection and has failed to respond to phone calls and
emails since. In a final letter to the licensee dated October 18, 2021,
NYRO again required the licensee to reply to past letters but the
licensee has stopped responding to the Commission.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.

    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214, respectively. In determining the appropriate action to take, the
Commission will consider all protests or other comments filed, but only
those who file a motion to intervene in accordance with the
Commission's Rules may become a party to the proceeding. Any comments,
protests, or motions to intervene must be received on or before the
specified comment date for the particular application.
    o. Agency Comments: Federal, state, and local agencies are invited
to file comments on the described proceeding. If an agency does not
file comments within the time specified for filing comments, it will be
presumed to have no comments.
    p. Filing and Service of Responsive Documents: Any filing must (1)
bear in all capital letters the title ``COMMENTS,'' ``PROTEST,'' or
``MOTION TO INTERVENE'' as applicable; (2) set forth in the heading the
name of the applicant and the project number of the application to
which the filing responds; (3) furnish the name, address, and telephone
number of the person protesting or intervening; and (4) otherwise
comply with the requirements of 18 CFR 385.2001-385.2005. All comments,
motions to intervene, or protests must set forth their evidentiary
basis and otherwise comply with the requirements of 18 CFR 4.34(b). All
comments, motions to intervene, or protests should relate to project
works which are the subject of the implied surrender. A copy of any
protest or motion to intervene must be served upon each representative
of the applicant specified in the particular application. If an
intervener files comments or documents with the Commission relating to
the merits of an issue that may affect the responsibilities of a
particular resource agency, they must also serve a copy of the document
on that resource agency. A copy of all other filings in reference to
this application must be accompanied by proof of service on all persons
listed in the service list prepared by the Commission in this
proceeding, in accordance with 18 CFR 4.34(b) and 385.2010.

    Dated: November 10, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-25077 Filed 11-16-21; 8:45 am]
BILLING CODE 6717-01-P


UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

NATIONAL VEHICLE AND FUEL EMISSIONS LABORATORY

2565 PLYMOUTH ROAD

ANN ARBOR, MICHIGAN 48105-2498

OFFICE OF

AIR AND RADIATION

MEMORANDUM

SUBJECT:	Heavy-Duty Hybrid Onboard Diagnostics

FROM:		Amy Kopin

TO:		The Docket

DATE:		July 15, 2011

	On May 11th, 2011 we held a conference call with the Eaton to discuss
concerns raised by Eaton regarding heavy-duty onboard diagnostic (OBD)
requirements and timing. During the comment period for the heavy-duty
greenhouse gas notice of proposed rulemaking comments were raised that
heavy-duty hybrid applications may not be able to meet the 2013
heavy-duty OBD regulations that were published in the 2009 OBD Final
Rulemaking.,  Specifically, they have requested a delay of the
application of HD OBD requirements for hybrid applications until 2020.
Attendees from the EPA and Eaton are shown in the table below.  The
agenda is on the following page of this memo.

 Attendee 	Affiliation

Cleophas Jackson 	EPA – Compliance and Innovative Strategies Division

Anthony Neam 	EPA – Assessment and Standards Division

Amy Kopin 	EPA – Assessment and Standards Division

Ian McKenzie	Eaton

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

NATIONAL VEHICLE AND FUEL EMISSIONS LABORATORY

2565 PLYMOUTH ROAD

ANN ARBOR, MICHIGAN 48105-2498

OFFICE OF

AIR AND RADIATION

EPA-Eaton Heavy-Duty Hybrid OBD Discussion

2pm-3pm EST  	May 11, 2011

Agenda

What is your current OBD J1939 capability for handling faults?

If you don’t have any, how long do you estimate it will take to make
your current controller’s software J1939 capable?

Comprehensive Components:

What is your understanding of what you need to do for comprehensive
components?

Why do you think your current diagnostics won’t meet comprehensive
components?

Given that the hybrid system is only covered under comprehensive
components, how long will it take for your company to make your current
diagnostics J1939 compatible for fault storage and reporting?

Do you have the ability to determine an open, shorted to voltage,
shorted to ground, an irrational sensor, and a nonfunctioning output
component for your hybrid electronical components?

Are there specific requirements or regulations that you anticipate
having problems with and can you identify them?

EPA Heavy-Duty OBD Rulemaking and Alternative Fuels Timing

Next Steps

 U.S. EPA, NHTSA, and DOT, “Greenhouse Gas Emission Standards and Fuel
Efficiency Standards for Medium- and Heavy-Duty Engines and Vehicles,”
republished December 29, 2010.  Available here:
http://origin.www.gpo.gov/fdsys/pkg/FR-2010-12-29/html/2010-32726.htm

 U.S. EPA, “Control of Air Pollution from New Motor Vehicles and New
Motor Vehicles Engines; Final Rule Regulations Requiring Onboard
Diagnostic Systems on 2010 and Later Heavy-Duty Engines Used in Highway
Applications Over 14,000 Pounds; Revisions to Onboard Diagnostic
Requirements for Diesel Highway Heavy-Duty Vehicles Under 14,000
Pounds,” published February 24, 2009.  Available here:
http://www.epa.gov/otaq/regs/im/obd/regtech/hd-obd-frm-02-24-09-notice-7
4-fr-8310.pdf


[Federal Register: April 13, 2007 (Volume 72, Number 71)]
[Notices]
[Page 18695-18698]
[DOCID:fr13ap07-85]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55583; File No. SR-Amex-2006-107]

Self-Regulatory Organizations; American Stock Exchange LLC;
Notice of Filing of Proposed Rule Change and Amendment No. 1 Thereto
Relating to Amex Book Clerks

April 5, 2007.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on November 14, 2006, the American Stock Exchange LLC (``Amex'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been substantially prepared by the
Exchange. The Exchange filed Amendment No. 1 to the proposal on March
29, 2007. The Commission is publishing this notice to solicit comment
on the proposed rule change, as amended, from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to eliminate the agency obligations of
Exchange options specialists and establish Amex book clerks (``ABCs'').
The text of the proposed rule change is available at Amex, the
Commission's Public Reference Room, and http://www.amex.com.

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

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

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

1. Purpose
    The purpose of this proposed rule change is to eliminate the
obligation and ability of an Exchange options specialist to act as an
agent in connection with orders in his or her assigned options classes.
This proposal would also permit the Exchange to designate Exchange
employees or independent contractors to serve as ABCs, responsible for
maintaining and operating the ANTE Central Book (i.e., the specialist's
customer limit order book) and the ANTE Display Book.\3\ The Exchange
also seeks to amend certain Exchange rules relating to the operation of
the Plan for the Purpose of Creating and Operating an Intermarket
Option Linkage (``Linkage Plan'') to accommodate the implementation of
pertinent ABC rules and other proposed rule changes described
herein.\4\ Finally, this proposed rule change also would implement
several other amendments to conform other Exchange rules to the
proposal. The Exchange notes that the proposal substantially mirrors
changes recently adopted by the Chicago Board

Options Exchange to eliminate DPM agency responsibilities and establish
PAR Officials.\5\ The following summarizes the effects this proposed
rule change would have on existing Exchange rules.
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    \3\ The Exchange submits that all incoming customer orders are
represented in the ANTE Central Book, and if marketable, will be
automatically executed subject to a number of limited exceptions.
Orders that are otherwise eligible for automatic execution may not
receive an automatic execution: (i) Whenever the Amex Best Bid or
Offer (ABBO) crosses the National Best Bid or Offer (NBBO) and
causes an inversion in the quote; or (ii) whenever a better bid or
offer is being disseminated by another options exchange and the
order is not eligible for automatic price matching. In addition, if
quotes are deemed unreliable or the Exchange is experiencing
communications or systems problems, non-firm markets or delays in
the dissemination of quotes by the Options Price Reporting
Authority, orders will not be automatically executed. In these
limited cases, incoming customer orders will be routed to the ANTE
Display Book for manual handling.
    \4\ Exchange rules governing the operation of the Linkage Plan
are set forth under Amex Rules 940 through 945 and Amex Rule 941-
ANTE.
    \5\ See Securities Exchange Act Release No. 52798 (November 18,
2005), 70 FR 71344 (November 28, 2005).
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    a. Agency Responsibilities
    Generally, Amex Rule 170 (applicable to options transactions by
Amex Rule 950-ANTE(l)) governs options specialists on the Exchange and
describes the obligations imposed on an options specialist. These
obligations include the general obligation, with respect to each of a
specialist's assigned options classes, to fulfill market-making
obligations and provide functions of a floor broker (to the extent that
the options specialist acts as a floor broker). Rule 170(b), in
particular, describes the floor broker and agency functions that an
options specialist is required to perform. As a condition of being
registered as a specialist by the Exchange, options specialists are
required to execute options orders on an agency basis for those classes
of options assigned to them.\6\ Accordingly, all options specialists on
the Amex presently act as both agent and principal for orders in their
respective assigned options classes. The Exchange has now determined
that it is in the best interest of the Exchange, its members, and
investors to eliminate the agency obligation of options specialists.
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    \6\ See Amex Rule 950-ANTE(l), incorporating Amex Rule 170 to
options transactions.
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    This rule change proposes to eliminate those provisions providing
for the options specialist's broker and agency functions and would
provide that an options specialist ``shall not execute orders as an
agent or floor broker.'' \7\ Instead, the Exchange proposes to create a
new category of market participant, the ABC, who will be responsible
for maintaining and operating the customer limit order book. This
responsibility would include handling and executing orders that are
routed to the customer limit order book. The proposal would clarify
that the specialists' accounts shall continue to be used by the ABC to
execute P/A and Satisfaction Orders routed to the Exchange and that the
specialists shall continue to be liable for any charges incurred in
relation to executing such orders. This change would afford options
specialists the ability to concentrate their efforts exclusively on
their market-making functions and would eliminate the potential
conflicts associated with options specialists acting as both principal
and agent with respect to orders they handle and trades they make as
options specialists.
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    \7\ Proposed Amex Rule 950-ANTE(l), Commentary .01.
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    The ABC would be an Exchange employee or independent contractor
designated by the Exchange to be responsible for: (i) Maintaining and
operating the customer limit order book for the assigned options
classes; and (ii) effecting proper executions of orders placed in the
customer order limit book. The ABC would be prohibited from having an
affiliation with any member that is approved to act as a specialist,
registered options trader (``ROT''), remote registered options trader
(``RROT'') and supplemental registered options trader (``SROT'') on the
Exchange. The Exchange believes that the responsibility for executing
agency orders at trading posts should belong to the ABC, who has no
interest that might conflict with the duties owed to the customer.
Additionally, given that the increased reliance on electronic order
execution has resulted in the virtual elimination of manual order
handling, a vast majority of orders are currently never handled or seen
by specialists. This trend effectively eliminates the need for
specialists to act in an agency capacity and perform functions related
thereto.
    b. Other Affected Rules
    The Exchange is proposing amendments to other Exchange rules to
allow the Exchange to reassign agency responsibilities and obligations
from the options specialist to the ABC, as detailed below.
    Display Obligation. Currently, under Amex Rule 958A-ANTE, an
options specialist is required to immediately display the full price
and size of any eligible customer limit orders when such orders
represent buying or selling interest that is at a better price or size
than the best disseminated Amex quote.\8\ Because the options
specialist no longer would be operating the customer limit order book
or executing orders as agent and since the vast majority of orders are
currently either executed, displayed or booked immediately and without
any input from a specialist, the Exchange proposes to shift the display
obligation in its entirety from the options specialist to the ABC.\9\
Accordingly, the ABC would be required to maintain and keep active the
Exchange's automated customer limit order display facility in ANTE.
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    \8\ See Amex Rule 958A-ANTE(e). See also Securities Exchange Act
Release No. 51062 (January 21, 2005), 70 FR 4163 (January 28, 2005)
(File No. SR-Amex-00-27).
    \9\ The display obligation set forth in Amex Rule 958A-ANTE(e),
along with the exceptions set forth therein, would be moved to
proposed Amex Rule 995-ANTE.
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    Due Diligence Responsibility. Under the proposed rule, the ABC
would be required to use due diligence to execute customer orders at
the best prices available to him or her under the rules of the
Exchange.
    Public Order Book Responsibilities. In addition to his or her
responsibility for maintaining orders in the electronic customer order
limit order book in ANTE, the ABC also would be prohibited from
removing a booked public customer order unless the order is cancelled,
expires, is transmitted in accordance with Intermarket Option Linkage
(``Linkage'') obligations, or is executed.
    Linkage Obligations. As the options specialist would no longer be
executing agency orders, this responsibility, and any associated
Linkage obligations that previously were handled by the options
specialist, would now fall upon the Exchange. As an employee (or
independent contractor) of the Exchange, the ABC would be responsible
for handling Linkage orders in the option classes appointed to him or
her. Specifically, an ABC would have the means to: (1) Utilize an
options specialist's account to route Principal Acting as Agent (``P/
A'') Orders \10\ and Satisfaction Orders to away markets based on prior
instructions that must be provided by the options specialist to the
ABC, and (2) handle all Linkage orders or portions of Linkage orders
received by the Exchange that are not automatically executed. The ABC
also would have the means to utilize the options specialist's account
to fill Satisfaction Orders that result from a Trade Through \11\ that
the Exchange effects. Because the Linkage Plan requires that P/A Orders
be submitted for the account of an eligible market maker,\12\ the ABC
must be able to utilize the options specialist's account to fulfill the
Linkage obligations imposed by Amex rules.
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    \10\ A ``Principal Acting as Agent (``P/A'') Order'' is an order
for the principal account of a specialist (or equivalent entity on
another Participant Exchange under the Linkage Plan that is
authorized to represent public customer orders), reflecting the
terms of a related unexecuted public customer order for which the
specialist is acting as agent. See Linkage Plan Section 2(16)(a).
    \11\ See Amex Rule 940(b)(19).
    \12\ See Linkage Plan Section 2(16)(a); see also Amex Rule
940(10)(i).
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    Amex Linkage Rules would be amended to require an options
specialist to make available its account to the ABC for the purpose of
enabling the ABC to satisfy certain Linkage-related obligations. Amex
Linkage Rules also would be amended to obligate the

options specialist to provide the ABC with prior written instructions
for routing P/A Orders, and Satisfaction Orders to other markets.\13\
Since orders routed pursuant to the Linkage can be configured in
numerous ways, these written instructions would, with some degree of
specificity (i.e., state whether the order should be routed
automatically, the means through which the order should be routed,
etc.), direct how the ABC should handle responses to Linkage Orders, as
provided under proposed Amex Rule 995-ANTE, as well as detail the
procedures the ABCs would be required to follow when utilizing the
options specialists' accounts.
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    \13\ The Exchange intends to file with the Commission a request
for an exemption from the requirements set forth in Rule 608(c) of
Regulation NMS under the Act requiring the Exchange to comply with
and enforce compliance by its members with certain provisions of the
Linkage Plan that require eligible market makers (such as
specialists and ROTs) through whom the P/A Order is routed to be
functioning as the agent with respect to that order. This exemption
would facilitate the establishment of ABCs and their handling of
Linkage Orders.
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    Finally, when handling outbound P/A Orders and Satisfaction Orders,
the ABC shall use due diligence to execute the orders entrusted to him/
her, act in accordance with the prior written instructions provided by
the options specialist for P/A Orders and Satisfaction Orders that the
ABC represents, and act in accordance with Amex rules regarding P/A and
Satisfaction Orders received through the Linkage.
    Compensation of ABCs. As an Exchange employee or independent
contractor, the ABC's compensation would be determined and paid solely
by the Amex. No options specialist, ROT, RROT or SROT would be
permitted to directly or indirectly compensate or provide any other
form of consideration to an ABC.
    Liability of the Exchange for Actions of ABCs. The Exchange's
liability for the actions of ABCs would be limited in the same manner
as currently provided under existing Exchange rules, including (but not
limited to) Article IV, Section 1(e) of the Amex Constitution (Exchange
Liability) and Amex Rule 61 (Exchange's Costs of Defending Legal
Proceedings).
    Firm Disseminated Market Quotes. Amex Rule 958A-ANTE currently
provides that, in the case of an order received by the options
specialist, the options specialist's firm quote obligation attaches at
the time the order is received by such specialist, regardless of
whether the options specialist is actually aware of the order at that
time. This provision is a direct consequence of the fact that the
options specialists currently represent orders on the customer limit
order book in an agency capacity from the moment such orders are
received on the book. However, because the options specialist no longer
would be operating the customer limit order book if the proposed rule
change were approved, Amex Rule 958A-ANTE would be modified such that
the firm quote obligation would attach, when an options specialist is
the responsible broker or dealer, at the same time those obligations
attach with respect to each other responsible broker or dealer--that
is, when the order is announced to the trading crowd either via
electronic display or by the ABC.
    Rules Relating to ANTE's Automatic Execution Feature. Under
established procedures set forth in Amex Rule 933-ANTE (ANTE Automatic
Matching and Execution of Options Orders), an order eligible for
automatic matching and execution will not be automatically executed if
the Amex disseminated quote is inferior to the NBBO by more than the
price matching amount and instead is routed to the specialist for
manual handling. On the assumption that the specialist would always be
responsible for representing such orders as an agent, Commentary .01(b)
provides for automatic price matching series that ``[i]f the Exchange's
best bid or offer is inferior to the NBBO displayed by another options
exchange by more than the price matching amount, the order will be
routed to the specialist and not automatically executed.'' In addition,
this Commentary also provides that if a customer order exceeds the
established order size parameter, it will be routed to the specialist
and not automatically executed. However, because the Exchange has set
the order size parameter to 25,001 contracts, orders should rarely
exceed the established order size parameter, and therefore, would not
be routed to the specialist for manual handling. Similarly, for
automatic price improvement series, Commentary .01(c) provides that a
``customer order that exceeds the established order size parameter will
be either automatically executed at the Exchange's best bid or offer if
it is within the automatic matching and execution order size parameters
* * *, or it will be routed to the specialist and not automatically
executed.''
    Commentary .01(e) to Amex Rule 933-ANTE further provides instances
in which an order is re-routed to the specialist and not automatically
executed. These situations are as follows: (i) Where the current best
bid or offer for a series is crossed (e.g., 4.20 bid, 4 asked) or
locked (e.g., 4 bid, 4 asked); \14\ (ii) the specialist in conjunction
with a Floor Governor or two Floor Officials determined quotes in such
options or options exchange(s) are not reliable; or (iii) the Exchange
is experiencing communications or systems problems, non-firm markets or
delays in the dissemination of quotes by the Options Price Reporting
Authority.
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    \14\ See Amex Rule 951-ANTE, Commentary .01.
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    In order to make Amex Rule 933-ANTE consistent with the proposal,
Commentary .01(b), (c) and (e) to Amex Rule 933-ANTE would be revised
to provide that an order that is not automatically executed will be
routed to the ABC rather than the specialist.
    Duty To Report Unusual Activity. Amex Rule 958A-ANTE also will
require the ABC, as well as the specialist, to report to a Floor
Official any unusual activity, transactions, or price changes or other
unusual market conditions or circumstances with respect to the ABCs
appointed option classes that may be detrimental to the maintenance of
a fair and orderly market.
    General Options Specialist Rules. There are also other Exchange
rules relating to options specialists that must be amended to reflect
the fact that options specialists will not be operating the customer
limit order book or executing orders as agent with respect to their
allocated option classes. For example, Amex Rule 154 states, ``[n]o
member or member organization shall place with a specialist, acting as
broker, any order to effect on the Exchange any transaction except at
the market or at a limited price.'' The proposal would amend Amex Rule
950-ANTE(f) (incorporating Amex Rule 154 to options transactions) to
state that Exchange specialists are prohibited from acting as a floor
broker or in an agency capacity in connection with orders in his or her
assigned options classes. Therefore, the proposal will require members
to use an independent floor broker or book orders with the ABC when
warranted. Rule 950-ANTE(f) would also be amended to make clear that
ABCs, not options specialists, would accept stop, stop limit, spread or
straddle orders. Additionally, Amex Rule 155 discusses the precedence
specialists are to assign to orders entrusted to them as agents. The
proposal would amend Amex Rule 950-ANTE(a) (incorporating Amex Rule 155
to options transactions) to impose the precedence requirement on ABCs
in the case of options transactions. Finally, Amex Rule 177 requires
all specialists to report certain activities or

information to a Floor Official. The proposal would amend Amex Rule
950-ANTE(a) (incorporating Rule 177 to options) obligating the ABC, as
well as an options specialist, to report to a Floor Official those
activities and such information as delineated in Amex Rule 177.
    c. Implementation
    Finally, to ensure a smooth and orderly transition of the
responsibility for operating customer limit order book and executing
agency orders from options specialists to ABCs, the Exchange proposes
to implement this rule change to all applicable trading posts over a
180-day period from the effective date of this rule change. During this
180-day transition period, any options specialist who continues to
operate the customer limit order book would continue to be subject to
the same agency obligations as currently provided under Amex Rules 950-
ANTE(l) and 958A-ANTE(e), except that, upon the approval of this
proposal, these prior obligations instead would be reflected in a
Regulatory Circular during the 180-day transition period.
2. Statutory Basis
    Amex believes the proposed rule change is consistent with Section
6(b) of the Act \15\ in general and furthers the objectives of Section
6(b)(5) of the Act \16\ in particular in that it is designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to foster cooperation and coordination
with persons engaged in regulating, clearing, settling, processing
information with respect to, and facilitating transactions in
securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system, and, in general, to
protect investors and the public interest; and is not designed to
permit unfair discrimination between customers, issuers, brokers, or
dealers, or to regulate by virtue of any authority conferred by the Act
matters not related to the purpose of the Act or the administration of
the Exchange.
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    \15\ 15 U.S.C. 78f(b).
    \16\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange believes that this proposed rule change would not
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    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 the Exchange consents, the Commission will:
    (A) By order approve the proposed rule change, or
    (B) Institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number SR-Amex-2006-107 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-Amex-2006-107. 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. Copies of the filing
also will be available for inspection and copying at the principal
office of the Exchange. All comments received will be posted without
change; the Commission does not edit personal identifying information
from submissions. You should submit only information that you wish to
make available publicly. All submissions should refer to File Number
SR-Amex-2006-107 and should be submitted on or before May 4, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\17\
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    \17\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-6960 Filed 4-12-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 86, Number 84 (Tuesday, May 4, 2021)]
[Rules and Regulations]
[Pages 23608-23609]
[FR Doc No: 2021-09266]

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

Coast Guard

33 CFR Part 100

[Docket No. USCG-2021-0273]

Special Local Regulation; Annual Les Cheneaux Islands Antique
Wooden Boat Show, Hessel, MI

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce the Annual Les Cheneaux Island
Antique Wooden Boat Show special local regulation on the U.S. navigable
waters of Hessel Marina, Hessel, MI on August 14, 2021. This action is
necessary and intended to protect the safety of life and property on
navigable waters prior to, during, and immediately after the boat show.
During the enforcement period listed below, entry into, transiting, or
anchoring within the safety zone are prohibited unless authorized by
the Captain of the Port Sault Sainte Marie or a designated
representative.

DATES: The regulations in 33 CFR 100.922 will be enforced for the
Annual Les Cheneaux Islands Antique Wooden Boat Show regulated areas
from 7 a.m. to 7 p.m. on August 14, 2021.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
notice of enforcement, call or email Lieutenant Deaven Palenzuela,
Waterways Management division, U.S. Coast Guard; telephone 906-635-
3223, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the established
special local regulation in 33 CFR 100.922 for the Annual Les Cheneaux
Island Antique Wooden Boat Show in Hessel, MI from 7 a.m. to 7 p.m. on
August 14, 2021.
    This action is being taken to protect the safety of life and
property on navigable waters prior to, during, and

immediately after the boat show. Our regulation for marine events
within the Ninth Coast Guard District, Sec.  100.922, specifies the
location of the regulated area for the Annual Les Cheneaux Islands
Antique Wooden Boat Show which encompasses the waters of Marquette Bay,
Hessel, MI. During the enforcement period, no vessel may transit this
regulated area without approval from the Captain of the Port Sault
Sainte Marie or a designated representative. Vessels and persons
granted permission to enter the special local regulated area shall obey
all lawful orders or directions of the Captain of the Port Sault Sainte
Marie, or an on-scene representative. The Coast Guard may be assisted
by other Federal, State, or local law enforcement agencies in enforcing
this regulation.
    This notice of enforcement is issued under authority of 33 CFR
100.922 and 5 U.S.C. 552(a). In addition to this notification
publishing in the Federal Register, the Coast Guard plans to provide
notification of this enforcement period via Broadcast Notice to
Mariners.

    Dated: April 28, 2021.
A.R. Jones,
Captain, U.S. Coast Guard, Captain of the Port Sault Sainte Marie.
[FR Doc. 2021-09266 Filed 5-3-21; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 88, Number 233 (Wednesday, December 6, 2023)]
[Notices]
[Pages 84812-84814]
[FR Doc No: 2023-26762]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP24-8-000]

Natural Gas Pipeline Company of America, LLC; Notice of Scoping
Period Requesting Comments on Environmental Issues for the Proposed
Texas-Louisiana Expansion Project

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental document that will discuss
the environmental impacts of the Texas-Louisiana Expansion Project
(Project) involving installation and operation of facilities by Natural
Gas Pipeline Company of America, LLC (Natural) in Montgomery and
Liberty Counties, Texas. The Commission will use this environmental
document in its decision-making process to determine whether the
Project is in the public convenience and necessity.
    This notice announces the opening of the scoping process the
Commission will use to gather input from the public and interested
agencies regarding the Project. As part of the National Environmental
Policy Act (NEPA) review process, the Commission takes into account
concerns the public may have about proposals and the environmental
impacts that could result from its action whenever it considers the
issuance of a Certificate of Public Convenience and Necessity. This
gathering of public input is referred to as ``scoping.'' The main goal
of the scoping process is to focus the analysis in the environmental
document on the important environmental issues. Additional information
about the Commission's NEPA process is described below in the NEPA
Process and Environmental Document section of this notice.
    By this notice, the Commission requests public comments on the
scope of issues to address in the environmental document. To ensure
that your comments are timely and properly recorded, please submit your
comments so that the Commission receives them in Washington, DC on or
before 5:00 p.m. Eastern Time on January 2, 2024. Comments may be
submitted in written form. Further details on how to submit comments
are provided in the Public Participation section of this notice.
    Your comments should focus on the potential environmental effects,
reasonable alternatives, and measures to avoid or lessen environmental
impacts. Your input will help the Commission

staff determine what issues they need to evaluate in the environmental
document. Commission staff will consider all written comments during
the preparation of the environmental document.
    If you submitted comments on this Project to the Commission before
the opening of this docket on October 18, 2023, you will need to file
those comments in Docket No. CP24-8-000 to ensure they are considered
as part of this proceeding.
    This notice is being sent to the Commission's current environmental
mailing list for this Project. State and local government
representatives should notify their constituents of this proposed
Project and encourage them to comment on their areas of concern.
    Natural provided landowners with a fact sheet prepared by the FERC
entitled ``An Interstate Natural Gas Facility On My Land? What Do I
Need To Know?'' which addresses typically asked questions, including
how to participate in the Commission's proceedings. This fact sheet
along with other landowner topics of interest are available for viewing
on the FERC website (www.ferc.gov) under the Natural Gas, Landowner
Topics link.

Public Participation

    There are three methods you can use to submit your comments to the
Commission. Please carefully follow these instructions so that your
comments are properly recorded. The Commission encourages electronic
filing of comments and has staff available to assist you at (866) 208-
3676 or [email protected].
    (1) You can file your comments electronically using the eComment
feature, which is located on the Commission's website (www.ferc.gov)
under the link to FERC Online. Using eComment is an easy method for
submitting brief, text-only comments on a project;
    (2) You can file your comments electronically by using the eFiling
feature, which is located on the Commission's website (www.ferc.gov)
under the link to FERC Online. With eFiling, you can provide comments
in a variety of formats by attaching them as a file with your
submission. New eFiling users must first create an account by clicking
on ``eRegister.'' You will be asked to select the type of filing you
are making; a comment on a particular project is considered a ``Comment
on a Filing''; or
    (3) You can file a paper copy of your comments by mailing them to
the Commission. Be sure to reference the Project docket number (CP24-8-
000) on your letter. Submissions sent via the U.S. Postal Service must
be addressed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 888 First Street NE, Room 1A, Washington, DC 20426.
Submissions sent via any other carrier must be addressed to: Kimberly
D. Bose, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins
Avenue, Rockville, MD 20852.
    Additionally, the Commission offers a free service called
eSubscription which makes it easy to stay informed of all issuances and
submittals regarding the dockets/projects to which you subscribe. These
instant email notifications are the fastest way to receive notification
and provide a link to the document files which can reduce the amount of
time you spend researching proceedings. Go to https://www.ferc.gov/ferc-online/overview to register for eSubscription.
    The Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including landowners,
environmental justice communities, Tribal members and others, access
publicly available information and navigate Commission processes. For
public inquiries and assistance with making filings such as
interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at<PHONE_NUMBER> or [email protected].

Summary of the Proposed Project

    Natural proposes the construction, installation, modification,
operation, and maintenance of facilities at two existing compressor
stations in Liberty and Montgomery Counties, Texas. Through
installation of the proposed facilities, Natural would add an
incremental 300,000 dekatherms/day (Dth/day) of firm gas capacity in
Segment 25 of its Louisiana Line 10. When combined with the
unsubscribed capacity Natural has reserved for the Project, this would
allow Natural to provide up to 467,000 Dth/day of firm transportation
service to the Project shippers. Natural states the Project would not
result in the termination or reduction in firm service to any of its
existing customers.
    The Project would consist of the following facilities and
activities:

Modifications and Installations at Compressor Station 302 (CS 302) in
Montgomery County, Texas

     Uprate the horsepower (hp) of existing compressor controls
to increase the horsepower of existing compressor Units 7 and 8 by
1,600 hp each, for a total of 3,200 hp;
     Re-wheel existing compressor Units 7, 8 and 9; and
     Install one new electric motor driven (EMD) compressor
unit with a rating of 18,340 hp.

Modification at Compressor Station 343 (CS 343) in Liberty County,
Texas

     Re-wheel existing EMD compressor Units 9 and 10.
    In addition, Natural has identified in its application certain
appurtenant facilities that it intends to construct/install under
section 2.55(a) of the Commission's regulations.
    The general location of the Project facilities is shown in appendix
1.\1\
---------------------------------------------------------------------------

    \1\ The appendices referenced in this notice will not appear in
the Federal Register. Copies of the appendices were sent to all
those receiving this notice in the mail and are available at
www.ferc.gov using the link called ``eLibrary.'' For instructions on
connecting to eLibrary, refer to the last page of this notice. For
assistance, contact FERC at [email protected] or call toll
free,<PHONE_NUMBER> or TTY<PHONE_NUMBER>.
---------------------------------------------------------------------------

Land Requirements for Construction

    About 21.5 acres of land would be affected during construction at
CS 302 in Montgomery County, Texas. Land affected during operation of
new facilities installed at CS 302 would total 1.6 acres. All acreage
would be within the existing CS 302 fenceline. About 10.9 acres of land
would be affected during construction at CS 343 in Liberty County,
Texas. Operational use would be limited to less than 0.2 acre of
affected land. Of the 10.9 acres used at CS 343 during construction,
less than 9.1 acres would be within the existing fenceline and about
1.9 acres would be outside the fenceline on previously disturbed
property that Natural currently owns.
    No offsite staging areas or yards are proposed as part of the
Project. Natural would use existing public and private roads for
temporary construction access to Project workspaces. Following Project
activities, Natural would restore all but the required 1.8 acre of
operational-use land to its former state. Natural proposes to begin
construction around July 1, 2025.

NEPA Process and the Environmental Document

    Any environmental document issued by the Commission will discuss
impacts that could occur as a result of the construction and operation
of the proposed Project under the relevant general resource areas:
     geology and soils;
     water resources and wetlands;
     vegetation and wildlife;

     threatened and endangered species;
     cultural resources;
     land use;
     environmental justice;
     air quality and noise; and
     reliability and safety.
    Commission staff will also evaluate reasonable alternatives to the
proposed Project or portions of the Project and make recommendations on
how to lessen or avoid impacts on the various resource areas. Your
comments will help Commission staff identify and focus on the issues
that might have an effect on the human environment and potentially
eliminate others from further study and discussion in the environmental
document.
    Following this scoping period, Commission staff will determine
whether to prepare an environmental assessment (EA) or an environmental
impact statement (EIS). The EA or the EIS will present Commission
staff's independent analysis of the issues. If Commission staff
prepares an EA, a Notice of Schedule for the Preparation of an
Environmental Assessment will be issued. The EA may be issued for an
allotted public comment period. The Commission would consider timely
comments on the EA before making its decision regarding the proposed
Project. If Commission staff prepares an EIS, a Notice of Intent to
Prepare an EIS/Notice of Schedule will be issued, which will open up an
additional comment period. Staff would then prepare a draft EIS which
would be issued for public comment. Commission staff will consider all
timely comments received during the comment period on the draft EIS and
revise the document, as necessary, before issuing a final EIS. Any EA
or draft and final EIS will be available in electronic format in the
public record through eLibrary \2\ and the Commission's natural gas
environmental documents web page (https://www.ferc.gov/industries-data/natural-gas/environment/environmental-documents). If eSubscribed, you
will receive instant email notification when the environmental document
is issued.
---------------------------------------------------------------------------

    \2\ For instructions on connecting to eLibrary, refer to the
last page of this notice.
---------------------------------------------------------------------------

    With this notice, the Commission is asking agencies with
jurisdiction by law and/or special expertise with respect to the
environmental issues of this project to formally cooperate in the
preparation of the environmental document.\3\ Agencies that would like
to request cooperating agency status should follow the instructions for
filing comments provided under the Public Participation section of this
notice.
---------------------------------------------------------------------------

    \3\ The Council on Environmental Quality regulations addressing
cooperating agency responsibilities are at Title 40, Code of Federal
Regulations, Section 1501.8.
---------------------------------------------------------------------------

Consultation Under Section 106 of the National Historic Preservation
Act

    In accordance with the Advisory Council on Historic Preservation's
implementing regulations for section 106 of the National Historic
Preservation Act, the Commission is using this notice to initiate
consultation with the applicable State Historic Preservation Office(s),
and to solicit their views and those of other government agencies,
interested Indian tribes, and the public on the Project's potential
effects on historic properties.\4\ The environmental document for this
project will document findings on the impacts on historic properties
and summarize the status of consultations under section 106.
---------------------------------------------------------------------------

    \4\ The Advisory Council on Historic Preservation's regulations
are at Title 36, Code of Federal Regulations, Part 800. Those
regulations define historic properties as any prehistoric or
historic district, site, building, structure, or object included in
or eligible for inclusion in the National Register of Historic
Places.
---------------------------------------------------------------------------

Environmental Mailing List

    The environmental mailing list includes federal, state, and local
government representatives and agencies; elected officials; Native
American Tribes; other interested parties; and local libraries and
newspapers. This list also includes all affected landowners (as defined
in the Commission's regulations) who are potential right-of-way
grantors, whose property may be used temporarily for project purposes,
or who own homes within certain distances of aboveground facilities,
and anyone who submits comments on the Project and includes a mailing
address with their comments. Commission staff will update the
environmental mailing list as the analysis proceeds to ensure that
Commission notices related to this environmental review are sent to all
individuals, organizations, and government entities interested in and/
or potentially affected by the proposed Project.
    If you need to make changes to your name/address, or if you would
like to remove your name from the mailing list, please complete one of
the following steps:
    (1) Send an email to [email protected] stating your
request. You must include the docket number CP24-8-000 in your request.
If you are requesting a change to your address, please be sure to
include your name and the correct address. If you are requesting to
delete your address from the mailing list, please include your name and
address as it appeared on this notice. This email address is unable to
accept comments.
OR
    (2) Return the attached ``Mailing List Update Form'' (appendix 2).

Additional Information

    Additional information about the Project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC website at www.ferc.gov using the eLibrary link. Click on the
eLibrary link, click on ``General Search'' and enter the docket number
in the ``Docket Number'' field. Be sure you have selected an
appropriate date range. For assistance, please contact FERC Online
Support at [email protected] or<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>. The eLibrary link also provides access to the
texts of all formal documents issued by the Commission, such as orders,
notices, and rulemakings.
    Public sessions or site visits would be posted on the Commission's
calendar located at https://www.ferc.gov/news-events/events along with
other related information.

    Dated: November 30, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-26762 Filed 12-5-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 117 (Tuesday, June 18, 2019)]
[Notices]
[Page 28311]
[FR Doc No: 2019-12834]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4420-DR; Docket ID FEMA-2019-0001]

Nebraska; Amendment No. 6 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Nebraska (FEMA-4420-DR), dated March 21, 2019, and
related determinations.

DATES: This amendment was issued May 6, 2019.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of Nebraska is hereby amended to include the following
areas among those areas determined to have been adversely affected by
the event declared a major disaster by the President in his declaration
of March 21, 2019.

    Clay, Dawson, Kearney, and Polk Counties for Public Assistance.
    Seward and York Counties for Public Assistance [Categories C-G]
(already designated for debris removal and emergency protective
measures [Categories A and B], including direct federal assistance,
under the Public assistance program).

The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050 Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.

Pete Gaynor,
Acting Administrator, Federal Emergency Management Agency.
[FR Doc. 2019-12834 Filed 6-17-19; 8:45 am]
 BILLING CODE 9111-23-P


[Federal Register Volume 76, Number 68 (Friday, April 8, 2011)]
[Proposed Rules]
[Pages 19724-19726]
[FR Doc No: 2011-8416]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0309; Directorate Identifier 2010-NM-255-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Model A300 B4-600, B4-600R, and
F4-600R Series Airplanes, and Model C4-605R Variant F Airplanes
(Collectively Called A300-600 Series Airplanes); and Model A310 Series
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above. This proposed AD results from mandatory
continuing airworthiness information (MCAI) originated by an aviation
authority of another country to identify and correct an unsafe
condition on an aviation product. The MCAI describes the unsafe
condition as:

    A specific failure case of the THSA [trimmable horizontal
stabilizer actuator] upper primary attachment, which may result in a
loading of the upper secondary attachment, has been identified by
analysis.
    Primary load path failure can be caused by bearing migration
from the upper attachment gimbal by failure or loss of a retention
bolt.
    In case of failure of the THSA upper primary attachment, the
THSA upper secondary attachment would engage. Because the upper
attachment secondary load path can only withstand the loads for a
limited period of time, the condition where it would be engaged
could lead, if not detected, to the failure of the secondary load
path, which would likely result in loss of control of the aeroplane.

The proposed AD would require actions that are intended to address the
unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by May 23, 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 W12-40, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Airbus SAS--EAW (Airworthiness Office), 1 Rond Point Maurice Bellonte,
31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61
93 44 51; e-mail<EMAIL_ADDRESS>Internet http://www.airbus.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 Operations office
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 Operations office (telephone<PHONE_NUMBER>) is
in the ADDRESSES section. Comments will be available in the AD docket
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-2125; fax<PHONE_NUMBER>.

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-2011-0309;
Directorate Identifier 2010-NM-255-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 based on 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

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Airworthiness Directive 2010-0224, dated November 4, 2010 (referred to
after this as ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:

    A specific failure case of the THSA [trimmable horizontal
stabilizer actuator] upper primary attachment, which may result in a
loading of the upper secondary attachment, has been identified by
analysis.
    Primary load path failure can be caused by bearing migration
from the upper attachment gimbal by failure or loss of a retention
bolt.
    In case of failure of the THSA upper primary attachment, the
THSA upper secondary attachment would engage. Because the upper
attachment secondary load path can only withstand the loads for a
limited period of time, the condition where it would be engaged
could lead, if not detected, to the failure of the secondary load
path, which would likely result in loss of control of the aeroplane.
    For the reasons explained above, this AD requires installation
of three secondary retention plates for the gimbal bearings on the
THSA upper primary attachment.

You may obtain further information by examining the MCAI in the AD
docket.

Relevant Service Information

    Airbus has issued Mandatory Service Bulletins A300-27-6066 (for
Model A300-600 series airplanes) and A310-27-2103 (for Model A310
series

airplanes), both dated June 10, 2010. The actions described in this
service information are intended to correct the unsafe condition
identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a NOTE within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
would affect 215 products of U.S. registry. We also estimate that it
would take 4 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $85 per
work-hour. Required parts would cost about $3,021 per product. Where
the service information lists required parts costs that are covered
under warranty, we have assumed that there will be no charge for these
costs. As we do not control warranty coverage for affected parties,
some parties may incur costs higher than estimated here. Based on these
figures, we estimate the cost of the proposed AD on U.S. operators to
be $722,615, or $3,361 per product.

Authority for This Rulemaking

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

Regulatory Findings

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

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 adding the following new AD:

Airbus: Docket No. FAA-2011-0309; Directorate Identifier 2010-NM-
255-AD.

Comments Due Date

    (a) We must receive comments by May 23, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Airbus Model A300 B4-601, B4-603, B4-
620, and B4-622 airplanes, Model A300 B4-605R and B4-622R airplanes,
Model A300 F4-605R and F4-622R airplanes, and Model A300 C4-605R
Variant F airplanes; and Model A310-203, -204, -221, -222, -304, -
322, -324, and -325 airplanes; certificated in any category.

Subject

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

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:
    A specific failure case of the THSA [trimmable horizontal
stabilizer actuator] upper primary attachment, which may result in a
loading of the upper secondary attachment, has been identified by
analysis.
    Primary load path failure can be caused by bearing migration
from the upper attachment gimbal by failure or loss of a retention
bolt.
    In case of failure of the THSA upper primary attachment, the
THSA upper secondary attachment would engage. Because the upper
attachment secondary load path can only withstand the loads for a
limited period of time, the condition where it would be engaged
could lead, if not detected, to the failure of the secondary load
path, which would likely result in loss of control of the aeroplane.

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.

Installation

    (g) Within 30 months after the effective date of this AD,
install three retention plates on the THSA upper primary attachment,
in accordance with the Accomplishment Instructions of Airbus
Mandatory Service Bulletin A300-27-6066 (for Model A300-600 series
airplanes) or Airbus Mandatory Service Bulletin A310-27-2103 (for
Model A310 series airplanes), both dated June 10, 2010.

FAA AD Differences

    Note 1:  This AD differs from the MCAI and/or service
information as follows: No differences.

Other FAA AD Provisions

    (h) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19.

In accordance with 14 CFR 39.19, send your request to your principal
inspector or local Flight Standards District Office, as appropriate.
If sending information directly to the International Branch, send it
to ATTN: Dan Rodina, Aerospace Engineer, International Branch, ANM-
116, Transport Airplane Directorate, FAA, 1601 Lind Avenue, SW.,
Renton, Washington 98057-3356; telephone<PHONE_NUMBER>; fax (425)
227-1149. Information may be e-mailed to<EMAIL_ADDRESS>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. The AMOC approval letter must
specifically reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.

Related Information

    (i) Refer to MCAI European Aviation Safety Agency (EASA)
Airworthiness Directive 2010-0224, dated November 4, 2010; and
Airbus Mandatory Service Bulletins A300-27-6066 and A310-27-2103,
both dated June 10, 2010.

    Issued in Renton, Washington, on March 31, 2011.
Kalene C. Yanamura,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-8416 Filed 4-7-11; 8:45 am]
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[Federal Register Volume 85, Number 134 (Monday, July 13, 2020)]
[Notices]
[Pages 42013-42015]
[FR Doc No: 2020-15058]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2013-0017]

QAI Laboratories Ltd.: Request for Renewal of Recognition

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

ACTION: Notice.

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

SUMMARY: In this notice, OSHA announces the application of QAI
Laboratories Ltd. (QAI) requesting renewal of recognition as a
Nationally Recognized Testing Laboratory (NRTL).

DATES: Submit comments, information, and documents in response to this
notice, or requests for an extension of time to make a submission, on
or before July 28, 2020.

ADDRESSES: Submit comments by any of the following methods:
    Electronically: You may submit comments and attachments
electronically at: https://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions online for submitting
comments.
    Facsimile: If your comments, including attachments, are not longer
than 10 pages, you may fax them to the OSHA Docket Office at (202) 693-
1648.
    Mail, hand delivery, express mail, messenger, or courier service:
When using this method, you must submit a copy of your comments and
attachments to the OSHA Docket Office, Docket No. OSHA-2013-0017,
Occupational Safety and Health Administration, U.S. Department of
Labor, Room N-3653, 200 Constitution Avenue NW, Washington, DC 20210.
Deliveries (hand, express mail, messenger, and courier service) are
accepted during the Docket Office's normal business hours, 10:00 a.m.
to 3:00 p.m., ET.
    Instructions: All submissions must include the agency name and the
OSHA docket number (OSHA-2013-0017). OSHA places comments and other
materials, including any personal information, in the public docket
without revision, and these materials will be available online at
http://www.regulations.gov. Therefore, the agency cautions commenters
about submitting statements they do not want

made available to the public, or submitting comments that contain
personal information (either about themselves or others) such as Social
Security numbers, birth dates, and medical data.
    Docket: To read or download comments or other material in the
docket, go to https://www.regulations.gov or the OSHA Docket Office at
the above address. All documents in the docket (including this Federal
Register notice) are listed in the https://www.regulations.gov index;
however, some information (e.g., copyrighted material) is not publicly
available to read or download through the website. All submissions,
including copyrighted material, are available for inspection at the
OSHA Docket Office. Contact the OSHA Docket Office for assistance in
locating docket submissions.
    Extension of comment period: Submit requests for an extension of
the comment period on or before July 28, 2020 to the Office of
Technical Programs and Coordination Activities, Directorate of
Technical Support and Emergency Management, Occupational Safety and
Health Administration, U.S. Department of Labor, 200 Constitution
Avenue NW, Room N-3653, Washington, DC 20210, or by fax to (202) 693-
1644.

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

I. Background

    OSHA recognition of a NRTL signifies that the organization meets
the requirements in Sec.  1910.7 of title 29, Code of Federal
Regulations (29 CFR 1910.7). Recognition is an acknowledgment that the
organization can perform independent safety testing and certification
of the specific products covered within its scope of recognition and is
not a delegation or grant of government authority. As a result of
recognition, employers may use products properly approved by the NRTL
to meet OSHA standards that require testing and certification. OSHA
maintains an informational web page for each NRTL that details its
scope of recognition available at http://www.osha.gov/dts/otpca/nrtl/index.html.
    The agency processes applications by a NRTL for renewal of
recognition following requirements in appendix A to 29 CFR 1910.7. OSHA
conducts renewals in accordance with the procedures in 29 CFR 1910.7,
appendix A, paragraph II.C. In accordance with these procedures, NRTLs
submit a renewal request to OSHA, not less than nine months or no more
than one year, before the expiration date of its current recognition.
The submission includes a request for renewal and any additional
information the NRTL wishes to submit to demonstrate its continued
compliance with the terms of its recognition and 29 CFR 1910.7. If OSHA
has not conducted an on-site assessment of the NRTL's headquarters and
key sites within the past 18 to 24 months, it will schedule the
necessary on-site assessments prior to the expiration date of the
NRTL's recognition. Upon review of the submitted material and, as
necessary, the successful completion of the on-site assessment, OSHA
announces its preliminary decision to grant or deny renewal in the
Federal Register and solicit comments from the public. OSHA then
publishes a final Federal Register notice responding to any comments
and renewing the NRTL's recognition for a period of five years, or
denying the renewal of recognition.
    QAI initially received OSHA recognition as a NRTL on December 19,
2014 (79 FR 75841) for a five-year period expiring on December 19,
2019. QAI submitted a timely request for renewal, dated March 13, 2019
(OSHA-2013-0017-0011), and retains its recognition pending OSHA's final
decision in this renewal process. The current addresses of the QAI
facilities recognized by OSHA and included as part of the renewal
request are:
    1. QAI Laboratories Ltd, Coquitlam, 3980 North Fraser Way, Burnaby,
British Columbia, Canada V5J 5k5; and
    2. QAI Laboratories Ltd, Los Angeles, 8385 White Oak Avenue, Rancho
Cucamonga, California, 91730.

II. Notice of Preliminary Findings

    OSHA is providing notice that QAI is applying for renewal of its
recognition as a NRTL. This renewal covers QAI's existing NRTL scope of
recognition. OSHA evaluated QAI's application for renewal and
preliminarily determined that QAI can continue to meet the requirements
prescribed by 29 CFR 1910.7 for recognition. Accordingly, OSHA is
making a determination that it does not need to conduct an additional
on-site review of QAI's facilities based on its evaluations of QAI's
application and all other available information. This information
includes OSHA's audits of QAI's recognized NRTL sites during this
recognition period, and the satisfactory resolution of non-conformances
with the requirements of 29 CFR 1910.7. This preliminary finding does
not constitute an interim or temporary approval of the application.
    OSHA welcomes public comment as to whether QAI meets the
requirements of 29 CFR 1910.7 for renewal of their recognition as a
NRTL. Comments should consist of pertinent written documents and
exhibits. Commenters needing more time to comment must submit a request
in writing, stating the reasons for the request. OSHA must receive the
written request for an extension by the due date for comments. OSHA
will limit any extension to 30 days unless the requester justifies a
longer period. OSHA may deny a request for an extension if it is not
adequately justified. To obtain or review copies of the publicly
available information in QAI's application and other pertinent
documents (including exhibits), as well as all submitted comments,
contact the Docket Office, Room N-3653, Occupational Safety and Health
Administration, U.S. Department of Labor, at the above address; these
materials also are available online at http://www.regulations.gov under
Docket No. OSHA-2013-0017.
    OSHA staff will review all comments to the docket submitted in a
timely manner and, after addressing the issues raised by these
comments, will make a recommendation to the Assistant Secretary on
whether to grant QAI's application for renewal. The Assistant Secretary
will make the final decision on granting the application and, in making
this decision, may undertake other proceedings prescribed in appendix A
to 29 CFR 1910.7.
    OSHA will publish a public notice of this final decision in the
Federal Register.

III. Authority and Signature

    Loren Sweatt, Principal Deputy Assistant Secretary of Labor for
Occupational Safety and Health, U.S. Department of Labor, Washington,
DC 20210, authorized the preparation of this notice. Accordingly, the
agency is issuing this notice pursuant to 29 U.S.C. 657(g)(2),
Secretary of Labor's Order No. 1-2012 (77 FR 3912, Jan. 25, 2012), and
29 CFR 1910.7.

    Signed at Washington, DC, on July 7, 2020.
Loren Sweatt,
Principal Deputy Assistant Secretary of Labor for Occupational Safety
and Health.
[FR Doc. 2020-15058 Filed 7-10-20; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register Volume 77, Number 106 (Friday, June 1, 2012)]
[Notices]
[Pages 32644-32645]
[FR Doc No: 2012-13224]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2011-P-0882]

Medical Devices; Exemption From Premarket Notification:
Wheelchair Elevator

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing that it
has received a petition requesting exemption from the premarket
notification requirements for wheelchair elevator devices commonly
known as inclined platform lifts and vertical platform lifts. These
devices are used to provide a means for a disabled person to move a
wheelchair from one level to another. FDA is publishing this notice to
obtain comments in accordance with procedures established by the Food
and Drug Administration Modernization Act of 1997 (FDAMA).

DATES: Submit either electronic or written comments by July 2, 2012.

ADDRESSES: You may submit comments, identified with the FDA docket
number found in brackets in the heading of this document, by any of the
following methods:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.

Written Submissions

    Submit written submissions in the following ways:
     FAX:<PHONE_NUMBER>.
     Mail/Hand delivery/Courier (for paper, disk, or CD-ROM
submissions): Division of Dockets Management (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852.
    Instructions: All submissions received must include the Agency name
and docket number for this notice. All comments received may be posted
without change to http://www.regulations.gov, including any personal
information provided. For additional information on submitting
comments, see the ``Comments'' heading of the SUPPLEMENTARY INFORMATION
section of this document.
    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov and insert the
docket number, found in brackets in the heading of this document, into
the ``Search'' box and follow the prompts and/or go to the Division of
Dockets Management, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Rebecca Nipper, Center for Devices and
Radiological Health, Food and Drug Administration, 10903 New Hampshire
Ave., Bldg. 66, rm. 1540, Silver Spring, MD 20993-0002,<PHONE_NUMBER>,
FAX:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Statutory Background

    Under section 513 of the Federal Food, Drug, and Cosmetic Act (FD&C
Act) (21 U.S.C. 360c), FDA must classify devices into one of three
regulatory classes: Class I, class II, or class III. FDA classification
of a device is determined by the amount of regulation necessary to
provide a reasonable assurance of safety and effectiveness. Under the
Medical Device Amendments of 1976 (1976 amendments) (Pub. L. 94-295)),
as amended by the Safe Medical Devices Act of 1990 (SMDA) (Pub. L. 101-
629)), devices are to be classified into class I (general controls) if
there is information showing that the general controls of the FD&C Act
are sufficient to assure safety and effectiveness; into class II
(special controls), if general controls, by themselves, are
insufficient to provide reasonable assurance of safety and
effectiveness, but there is sufficient information to establish special
controls to provide such assurance; and into class III (premarket
approval), if there is insufficient information to support classifying
a device into class I or class II and the device is a life sustaining
or life supporting device or is for a use which is of substantial
importance in preventing impairment of human health or presents a
potential unreasonable risk of illness or injury.
    Most generic types of devices that were on the market before the
date of the 1976 amendments (May 28, 1976) (generally referred to as
preamendments devices) have been classified by FDA under the procedures
set forth in section 513(c) and (d) of the FD&C Act through the
issuance of classification regulations into one of these three
regulatory classes. Devices introduced into interstate commerce for the
first time on or after May 28, 1976 (generally referred to as
postamendments devices), are classified through the premarket
notification process under section 510(k) of the FD&C Act (21 U.S.C.
360(k)). Section 510(k) of the FD&C Act and the implementing
regulations, 21 CFR part 807, require persons who intend to market a
new device to submit a premarket notification (510(k)) containing
information that allows FDA to determine whether the new device is
``substantially equivalent'' within the meaning of section 513(i) of
the FD&C Act to a legally marketed device that does not require
premarket approval.
    On November 21, 1997, the President signed into law FDAMA (Pub. L.
105-115). Section 206 of FDAMA, in part, added a new section 510(m) to
the FD&C Act. Section 510(m)(1) of the FD&C Act requires FDA, within 60
days after enactment of FDAMA, to publish in the Federal Register a
list of each type of class II device that does not require a report
under section 510(k) of the FD&C Act to provide reasonable assurance of
safety and effectiveness. Section 510(m) of the FD&C Act further
provides that a 510(k) will no longer be required for these devices
upon the date of publication of the list in the Federal Register. FDA
published that list in the Federal Register of January 21, 1998 (63 FR
3142).
    Section 510(m)(2) of the FD&C Act provides that, 1 day after date
of publication of the list under section 510(m)(1), FDA may exempt a
device on its own initiative or upon petition of an interested person,
if FDA determines that a 510(k) is not necessary to provide reasonable
assurance of the safety and effectiveness of the device. This section
requires FDA to publish in the Federal Register a notice of intent to
exempt a device, or of the petition, and to provide a 30-day comment
period. Within 120 days of publication of this document, FDA must
publish in the Federal Register its final determination regarding the
exemption of the device that was the subject of the notice. If FDA
fails to respond to a petition under this section within 180 days of
receiving it, the petition shall be deemed granted.

II. Criteria for Exemption

    There are a number of factors FDA may consider to determine whether
a 510(k) is necessary to provide reasonable assurance of the safety and
effectiveness of a class II device. These factors are discussed in the
guidance the agency issued on February 19, 1998, entitled ``Procedures
for Class II Device Exemptions from Premarket Notification, Guidance
for Industry and CDRH Staff.'' That guidance is available through the
Internet at http://www.fda.

gov/downloads/MedicalDevices/DeviceRegulationandGuidance/
GuidanceDocuments/UCM080199.pdf or by sending an email request to
<EMAIL_ADDRESS>to receive an electronic copy of the document or
send a fax request to<PHONE_NUMBER> to receive a hard copy. Please use
the document number 159 to identify the guidance you are requesting.

III. Proposed Class II Device Exemptions

    FDA has received the following petition requesting an exemption
from premarket notification for a class II device: Richard Keller, on
behalf of Bruno Independent Living Aids, Inc., for wheelchair elevator
devices (commonly known as inclined platform lifts and vertical
platform lifts), classified under 21 CFR 890.3930.

IV. Comments

    Interested persons may submit to the Division of Dockets Management
(see ADDRESSES), either electronic or written comments regarding this
document. It is only necessary to send one set of comments. Identify
comments with the docket number found in brackets in the heading of
this document. Received comments may be seen in the Division of Dockets
Management between 9 a.m. and 4 p.m., Monday through Friday.

    Dated: May 25, 2012.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2012-13224 Filed 5-31-12; 8:45 am]
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