[Federal Register Volume 85, Number 101 (Tuesday, May 26, 2020)]
[Notices]
[Pages 31559-31560]
[FR Doc No: 2020-11253]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. IA-5506]

Notice of Intention To Cancel Registration Pursuant to Section
203(H) of the Investment Advisers Act of 1940

May 20, 2020.
    Notice is given that the Securities and Exchange Commission (the
``Commission'') intends to issue an order, pursuant to Section 203(h)
of the Investment Advisers Act of 1940 (the ``Act''), cancelling the
registration of McDaniel Investments, LLC [File No. 801-108541],
hereinafter referred to as the ``registrant.''
    Section 203(h) provides, in pertinent part, that if the Commission
finds that any person registered under Section 203, or who has pending
an application for registration filed under that section, is no longer
in existence, is not engaged in business as an investment adviser, or
is prohibited from registering as an investment adviser under section
203A, the Commission shall by order, cancel the registration of such
person.
    The registrant has not filed a Form ADV amendment with the
Commission as required by rule 204-1 under the Act and appears to be no
longer in business as an investment adviser or is otherwise not engaged
in business as an investment adviser.\1\ Accordingly, the Commission
believes that reasonable grounds exist for a finding that this
registrant is no longer eligible to be registered with the Commission
as an investment adviser and that the registration should be cancelled
pursuant to section 203(h) of the Act.
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    \1\ Rule 204-1 under the Act requires any adviser that is
required to complete Form ADV to amend the form at least annually
and to submit the amendments electronically through the Investment
Adviser Registration Depository.
---------------------------------------------------------------------------

    Notice is also given that any interested person may, by June 15,
2020, at 5:30 p.m., submit to the Commission in writing a request for a
hearing on the cancellation, accompanied by a statement as to the
nature of his or her interest, the reason for such request, and the
issues, if any, of fact or law proposed to be controverted, and he or
she may request that he or she be

notified if the Commission should order a hearing thereon. Any such
communication should be emailed to the Commission's Secretary at
<EMAIL_ADDRESS>    At any time after June 22, 2020, the Commission may issue an order
cancelling the registration, upon the basis of the information stated
above, unless an order for a hearing on the cancellation shall be
issued upon request or upon the Commission's own motion. Persons who
requested a hearing, or who requested to be advised as to whether a
hearing is ordered, will receive any notices and orders issued in this
matter, including the date of the hearing (if ordered) and any
postponements thereof. Any adviser whose registration is cancelled
under delegated authority may appeal that decision directly to the
Commission in accordance with rules 430 and 431 of the Commission's
rules of practice (17 CFR 201.430 and 431).

ADDRESSES: The Commission<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Christopher Staley, Senior Counsel at
202-551-8475; SEC, Division of Investment Management, Investment
Adviser Regulation Office, 100 F Street NE, Washington, DC 20549-8549.

    For the Commission, by the Division of Investment Management,
pursuant to delegated authority.\2\
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    \2\ 17 CFR 200.30-5(e)(2).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-11253 Filed 5-22-20; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 227 (Tuesday, November 25, 2014)]
[Notices]
[Pages 70263-70264]
[FR Doc No: 2014-27881]

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SECURITIES AND EXCHANGE COMMISSION

[File No. 500-1]

 In the Matter of Bravo Enterprises Ltd.; Immunotech
Laboratories, Inc.; Myriad Interactive Media, Inc.; Wholehealth
Products, Inc.; Order of Suspension of Trading

November 20, 2014.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
the issuers listed below.
    1. Bravo Enterprises Ltd. is a Nevada corporation with its
principal place of business in Patchogue, New York. Questions have
arisen concerning the accuracy and adequacy of publicly disseminated
information, including information about the relationship between the
company's business prospects and the current Ebola crisis. The company
is quoted on OTC Link (previously ``Pink Sheets'') operated by OTC
Markets Group Inc. (``OTC Link''), under the stock symbol OGNG.
    2. Immunotech Laboratories, Inc. is a Nevada corporation with its
principal place of business in Monrovia, California. Questions have
arisen concerning the accuracy and adequacy of publicly disseminated
information, including information about the relationship between the
company's business prospects and the current Ebola crisis. The company
is quoted on OTC Link under the stock symbol IMMB.
    3. Myriad Interactive Media, Inc. is a Delaware corporation with
its principal place of business in Toronto, Canada. Questions have
arisen concerning the accuracy and adequacy of publicly disseminated
information, including information about the relationship between the
company's business prospects and the current Ebola crisis.

The company is quoted on OTC Link under the stock symbol MYRY.
    4. Wholehealth Products, Inc. is a Nevada corporation with its
principal place of business in Anaheim, California. Questions have
arisen concerning the accuracy and adequacy of publicly disseminated
information, including information about the relationship between the
company's business prospects and the current Ebola crisis. The company
is quoted on OTC Link under the stock symbol GWPC.
    The Commission is of the opinion that the public interest and the
protection of investors require the suspension of trading in the
securities of the above-listed companies.
    Therefore, it is ordered, pursuant to Section 12(k) of the
Securities Exchange Act of 1934, that trading in the securities of the
above-listed companies is suspended for the period from 9:30 a.m. EST,
on November 20, 2014, through 11:59 p.m. EST, on December 4, 2014.

    By the Commission.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2014-27881 Filed 11-20-14; 11:15 am]
BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 20 (Tuesday, January 31, 2023)]
[Notices]
[Pages 6252-6253]
[FR Doc No: 2023-01931]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP22-44-000]

Equitrans, L.P.; Notice of Availability of the Final
Environmental Impact Statement for the Proposed Ohio Valley Connector
Expansion Project

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) has prepared a final environmental impact statement (EIS)
for the Ohio Valley Expansion Project (Project), proposed by Equitrans,
LP (Equitrans) in the above-referenced docket. Equitrans requests
authorization to construct and operate approximately 5.5 miles of new
pipeline and pipeline loop; \1\ acquire and add compression to one non-
jurisdictional compressor station; and add compression at two existing
compression facilities in Pennsylvania, West Virginia, and Ohio. The
Project would provide approximately 350,000 dekatherms per day of
natural gas to mid-continent and Gulf Coast markets, create new
transportation paths, and provide long-term reliability.
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    \1\ A pipeline loop is a segment of pipe constructed next to an
existing pipeline to increase capacity.
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    The final EIS assesses the potential environmental effects of the
construction and operation of the Project in accordance with the
requirements of the National Environmental Policy Act (NEPA). FERC
staff concludes that approval of the proposed Project, with the
mitigation measures recommended in the EIS, would not result in
significant adverse impacts. Regarding climate change impacts, this EIS
is not characterizing the Project's greenhouse gas emissions as
significant or insignificant because the Commission is conducting a
generic proceeding to determine whether and how the Commission will
conclude significance going forward.\2\ The EIS also concludes that no
system, route, or other alternative would meet the Project objective
while providing a significant environmental advantage over the Project
as proposed.
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    \2\ Consideration of Greenhouse Gas Emissions in Natural Gas
Infrastructure Project Reviews, 178 FERC ] 61,108 (2022); 178 FERC ]
61,197 (2022).
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    The U.S. Army Corps of Engineers Huntington District (COE)
participated as a cooperating agency in the preparation of the EIS. A
cooperating agency has jurisdiction by law or special expertise with
respect to resources potentially affected by the proposal and
participate in the NEPA analysis. Although a cooperating agency
provides input to the conclusions and recommendations presented in an
EIS, the agency may present its own conclusions and recommendations in
any applicable Record of Decision for a project. Accordingly, the final
EIS for this Project is intended to fulfill the COE's NEPA obligations,
as applicable, and to support the COE's subsequent conclusions and
decisions.
    The final EIS addresses the potential environmental effects of the
construction and operation of the following Project facilities:

Greene County, Pennsylvania

     Acquisition of the existing non-jurisdictional Cygrymus
Compressor Station and addition of two Solar Taurus 70 turbines;
     approximately 0.5 mile of new 16-inch-diameter natural gas
pipeline (H-327);
     approximately 0.5 mile of new 12-inch-diameter natural gas
pipeline (H-328); and
     ancillary facilities, such as a valve yard, taps, and
internal inspection device (e.g., pig launchers and receivers\3\).
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    \3\ A ``pig'' is a tool that the pipeline company inserts into
and pushes through the pipeline for cleaning, conducting internal
inspections, or other purposes.

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Wetzel County, West Virginia

     addition of one Solar Mars 100 compressor at the existing
Corona Compressor Station;
     approximately 3.7 miles of new 24-inch-diameter natural
gas pipeline (H-326);
     approximately 129 feet of new 8-inch-diameter natural gas
pipeline (H-329);
     approximately 0.7 mile of new 16-inch-diameter natural gas
pipeline (H-330);
     approximately 0.09 mile of new 16-inch-diameter natural
gas pipeline (H-330 Spur);
     approximately 160 feet of new 12-inch-diameter natural gas
pipeline; and
     ancillary facilities, such as mainline valves, valve
yards, measuring equipment, and pigging facilities.

Monroe County, Ohio

     addition of one Solar Titan 130 compressor at the existing
Plasma Compressor Station.
    The Commission mailed a copy of the Notice of Availability of the
final EIS to federal, state, and local government representatives and
agencies; elected officials; environmental and public interest groups;
Native American tribes; potentially affected landowners and other
interested individuals and groups; and newspapers and libraries in the
Project area. The final EIS is only available in electronic format. It
may be viewed and downloaded from the FERC's website (www.ferc.gov), on
the natural gas environmental documents page (https://www.ferc.gov/industries-data/natural-gas/environment/environmental-documents). In
addition, the final EIS may be accessed by using the eLibrary link on
the FERC's website. Click on the eLibrary link (https://elibrary.ferc.gov/eLibrary/search) select ``General Search'' and enter
the docket number in the ``Docket Number'' field, excluding the last
three digits (i.e., CP22-44). Be sure you have selected an appropriate
date range. For assistance, please contact FERC Online Support at
[email protected] or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>.
    In accordance with the Council on Environmental Quality's (CEQ)
regulations implementing NEPA, no agency decision on a proposed action
may be made until 30 days after the U.S. Environmental Protection
Agency publishes a notice of availability of the final EIS in the
Federal Register. However, the CEQ regulations provide an exception to
this rule when an agency decision is subject to a formal internal
appeal process that allows other agencies or the public to make their
views known. In such cases, the agency decision may be made at the same
time the notice of the final EIS is published, allowing both periods to
run concurrently. The Commission decision for this proposed action is
subject to a 30-day rehearing period.
    The final EIS is not a decision document. It presents Commission
staff's independent analysis of the environmental issues for the
Commission to consider when addressing the merits of all issues in this
proceeding.
    Additional information about the Project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC website (www.ferc.gov) using the eLibrary link. The eLibrary link
also provides access to the texts of all formal documents issued by the
Commission, such as orders, notices, and rulemakings.
    In addition, the Commission offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries, and direct links to
the documents. Go to https://www.ferc.gov/

ferc-online/overview to register for eSubscription.

    Dated: January 20, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-01931 Filed 1-30-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 246 (Wednesday, December 26, 2018)]
[Proposed Rules]
[Pages 66209-66210]
[FR Doc No: 2018-27906]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R07-OAR-2018-0812; FRL-9988-10-Region 7]

Approval of State Plans for Designated Facilities and Pollutants;
Kansas; Sewage Sludge Incineration Units

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
accept the negative declaration submitted by the State of Kansas, for
Sewage Sludge Incineration (SSI) units. This negative declaration
submitted by the Kansas Department of Health and Environment (KDHE)
certifies that SSI units subject to sections 111(d) and 129 of the
Clean Air Act (CAA) do not exist within the jurisdiction of the State
of Kansas. The EPA is accepting the negative declaration in accordance
with the requirements of the CAA.

DATES: Comments must be received on or before January 25, 2019.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-R07-
OAR-2018-0812, to https://www.regulations.gov. Follow the online
instructions for submitting comments.
    Instructions: All submissions received must include the Docket ID
No. for this rulemaking. Comments received will be posted without
change to https://www.regulations.gov/, including any personal
information provided. For detailed instructions on sending comments and
additional information on the rulemaking process, see the ``Written
Comments'' heading of the SUPPLEMENTARY INFORMATION section of this
document.

FOR FURTHER INFORMATION CONTACT: Larry Gonzalez, Environmental
Protection Agency, Air Planning and Development Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219; telephone number<PHONE_NUMBER>; email
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or
``our'' refer to EPA.

Table of Contents

I. Written Comments
II. Background
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews

I. Written Comments

    Submit your comments, identified by Docket ID No. EPA-R07-OAR-2018-
0812, at https://www.regulations.gov. Once submitted, comments cannot
be edited or removed from Regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

II. Background

    The CAA requires that state regulatory agencies implement emission
guidelines and associated compliance times using a state plan developed
under sections 111(d) and 129 of the CAA.
    The general provisions for the submittal and approval of state
plans are codified in 40 Code of Federal Regulations (CFR) part 60,
subpart B and 40 CFR part 62, subpart A. Section 111(d) establishes
general requirements and procedures on state plan submittals for the
control of designated pollutants. Section 129 requires emission
guidelines to be promulgated for all categories of solid waste
incineration units, including SSI units. SSI units are defined at 40
CFR part 60.5250 as ``an incineration unit combusting sewage sludge for
the purpose of reducing the volume of the sewage sludge by removing
combustible matter. Sewage sludge incineration unit designs include
fluidized bed and multiple hearth. An SSI unit also includes, but is
not limited to, the sewage sludge feed system, auxiliary fuel feed
system, grate system, flue gas system, waste heat recovery equipment,
if any, and bottom ash system. The SSI unit includes all ash handling
systems connected to the bottom ash handling system. The combustion
unit bottom ash system ends at the truck loading station or similar
equipment that transfers the ash to final disposal. The SSI unit does
not include air pollution control equipment or the stack.''
    Section 129 mandates that all plan requirements be at least as
protective as the promulgated emission guidelines. This includes fixed
final compliance dates, fixed compliance schedules, and Title V
permitting requirements for all affected sources. Section 129 also
requires that state plans be submitted to EPA within one year after
EPA's promulgation of the emission guidelines and compliance times.
    States have options other than submitting a state plan in order to
fulfill their obligations under CAA sections 111(d) and 129. If a state
does not have any existing SSI units for the relevant emission
guidelines, a letter can be submitted certifying that no such units
exist within the state (i.e., negative declaration) in lieu of a state
plan, in accordance with 40 CFR 60.5010. The negative declaration
exempts the state from the requirements of subpart B that

would otherwise require the submittal of a CAA section 111(d)/129 plan.
    On March 21, 2011, EPA finalized emission guidelines for SSI units
at 76 FR 15372, (found at 40 CFR part 60, subpart MMMM). Following the
2011 final rule, KDHE determined that there were two SSI units
operating at a single facility in Kansas, but those units were
permanently shut down on June 14, 2014 and September 7, 2016. Prior to
shutdown of the two units at the single facility in Kansas, the two
units were regulated via the Federal plan under the enforcement
oversight of EPA Region 7. In response and following the shutdown of
the units, KDHE submitted a negative declaration for SSI units on April
30, 2018.
    EPA is proposing to accept KDHE's negative declaration submission
made on April 30, 2018. This action applies to the state's regulatory
requirements for existing facilities and not new sources.

III. What action is EPA proposing to take?

    In this proposed action the EPA proposes to amend 40 CFR part 62 to
reflect receipt of the negative declaration letter from KDHE certifying
that there are no existing SSI units subject to 40 CFR part 60, subpart
MMMM, in accordance with section 111(d) of the CAA.

IV. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review under Executive Orders 12866 and 13563 (76 FR 3821,
January 21, 2011). This proposed action is also not subject to
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001). This action merely proposes to approve the
state's negative declaration as meeting Federal requirements and
imposes no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rulemaking will not
have a significant economic impact on a substantial number of small
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
Because this proposed action does not impose an enforceable duty upon
State, local, or tribal governments, and does not reduce or eliminate
the amount of authorization of Federal appropriations, and because it
contains no regulatory requirements applicable to small governments,
this proposed action does not contain any unfunded mandate or
significantly or uniquely affect small governments, as described in the
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4).
    This action is not approved to apply on any Indian reservation land
or in any other area where EPA or an Indian tribe has demonstrated that
a tribe has jurisdiction. In those areas of Indian country, the rule
does not have tribal implications and will not impose substantial
direct costs on tribal governments or preempt tribal law as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000).
    This action also does not have Federalism implications because it
does not have substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132 (64 FR 43255, August
10, 1999). Thus, Executive Order 13132 does not apply to this action.
This action merely proposes to approve a state negative declaration
submitted in response to a Federal standard and does not alter the
relationship or the distribution of power and responsibilities
established in the CAA. This rulemaking also is not subject to
Executive Order 13045, ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997) because
it proposes to approve a state submission in response to a Federal
standard.
    This proposed action does not impose an information collection
burden under the provisions of the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.). Burden is defined at 5 CFR 1320.3(b).

List of Subjects in 40 CFR Part 62

    Environmental protection, Air pollution control, Administrative
practice and procedure, Sewage sludge incineration units.

    Dated: December 14, 2018.
James B. Gulliford,
Regional Administrator, Region 7.

    For the reasons stated in the preamble, EPA proposes to amend 40
CFR part 62 as set forth below:

PART 62--APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED
FACILITIES AND POLLUTANTS

0
1. The authority citation for part 62 continues to read as follows:

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

Subpart R--Kansas

0
2. Amend Subpart R by adding paragraph Sec.  62.4183 to read as
follows: Air Emissions From Existing Sewage Sludge Incineration Units.

Sec.  62.4183  Identification of plan--negative declaration.

    Letter from the Kansas Department of Health and Environment
submitted April 30, 2018, certifying that there are no sewage sludge
incineration units subject to 40 CFR 60, subpart MMMM.

[FR Doc. 2018-27906 Filed 12-21-18; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 146 (Tuesday, July 30, 2019)]
[Notices]
[Page 36909]
[FR Doc No: 2019-16119]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ID-8750-000]

Notice of Filing: Donald G Keairns

    Take notice that on July 23, 2019, Donald G. Keairns filed an
application for authorization to hold interlocking positions, pursuant
to section 305(b) of the Federal Power Act, 16 U.S.C. 825d(b), and Part
45 of the Federal Energy Regulatory Commission's (Commission)
regulations, 18 CFR part 45 (2019).
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the eFiling link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 5 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE, Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
eLibrary link and is available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
eSubscription link on the website that enables subscribers to receive
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on August 13, 2019.

    Dated: July 23, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2019-16119 Filed 7-29-19; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 209 (Wednesday, October 29, 2014)]
[Proposed Rules]
[Pages 64347-64349]
[FR Doc No: 2014-25740]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0876; Directorate Identifier 2014-CE-032-AD]
RIN 2120-AA64

Airworthiness Directives; Costruzioni Aeronautiche Tecnam srl
Airplanes

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for
Costruzioni Aeronautiche Tecnam srl Model P2006T airplanes. 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 cracking found in the engine
exhaust pipe. We are issuing this proposed AD to require actions to
address the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by December 15,
2014.

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
Costruzioni Aeronautiche Tecnam Airworthiness Office, Via Maiorise-
81043 Capua (CE) Italy; telephone: +39 0823 997538; fax: +39 0823
622899; email<EMAIL_ADDRESS>Internet: http://www.tecnam.com/Customer-Care/Service-Bulletins.aspx. You may review
this referenced service information at the FAA, Small Airplane
Directorate, 901 Locust, Kansas City, Missouri 64106. For information
on the availability of this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0876; 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: Albert Mercado, Aerospace Engineer,
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2014-0876;
Directorate Identifier 2014-CE-032-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://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 AD
No.: 2014-0220, dated September 30, 2014 (referred to after this as
``the MCAI''), to correct an unsafe condition for Costruzioni
Aeronautiche Tecnam srl Model P2006T airplanes. The MCAI states:

    During a pre-flight inspection of a P2006T aeroplane, which
included the opening of engine nacelle, a crack was found on the
engine exhaust pipe Part Number (P/N) 26-7-1800-1.
    This condition, if not detected and corrected, could lead to
engine damage, possibly resulting in damage to the aeroplane and
injury to the occupants.
    To address this potential unsafe condition, Costruzioni
Aeronautiche TECNAM issued Service Bulletin (SB) SB 170-CS-Ed 1
Rev1.
    For the reason described above, this AD requires a one-time
inspection of the affected engine exhaust pipes and, depending on
findings, replacement.

You may examine the MCAI on the Internet at http://www.regulations.gov
by searching for and locating Docket No. FAA-2014-0876.

Relevant Service Information

    Costruzioni Aeronautiche Tecnam srl has issued Mandatory Service
Bulletin No. SB 170-CS-ED 1, Rev 1, dated September 25, 2014. The
actions described in this service information are intended to correct
the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of the 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 this State of Design Authority, they
have notified us of the unsafe condition described in the MCAI and
service information referenced above. We are proposing this AD because
we evaluated all information and determined the unsafe condition exists
and is likely to exist or develop on other products of the same type
design.

Costs of Compliance

    We estimate that this proposed AD will affect 10 products of U.S.
registry. We also estimate that it would take about .5 work-hour per
product to comply with the basic requirements of this proposed AD. The
average labor rate is $85 per work-hour.
    Based on these figures, we estimate the cost of the proposed AD on
U.S. operators to be $425, or $42.50 per product.
    In addition, we estimate that any necessary follow-on actions would
take about .5 work-hour and require parts costing $343, for a cost of
$385.50 per product. We have no way of determining the number of
products that may need these actions.

Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not
required to respond to, nor shall a person be subject to penalty for
failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act unless that collection of

information displays a current valid OMB control number. The control
number for the collection of information required by this AD is 2120-
0056. The paperwork cost associated with this AD has been detailed in
the Costs of Compliance section of this document and includes time for
reviewing instructions, as well as completing and reviewing the
collection of information. Therefore, all reporting associated with
this AD is mandatory. Comments concerning the accuracy of this burden
and suggestions for reducing the burden should be directed to the FAA
at 800 Independence Ave. SW., Washington, DC 20591. ATTN: Information
Collection Clearance Officer, AES-200.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. Amend Sec.  39.13 by adding the following new AD:

Costruzioni Aeronautiche Tecnam srl: Docket No. FAA-2014-0876;
Directorate Identifier 2014-CE-032-AD.

(a) Comments Due Date

    We must receive comments by December 15, 2014.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Costruzioni Aeronautiche Tecnam srl P2006T
airplanes, all serial numbers, certificated in any category.

(d) Subject

    Air Transport Association of America (ATA) Code 78: Engine
Exhaust.

(e) Reason

    This AD was prompted by 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 cracking found
in the engine exhaust pipe. We are issuing this proposed AD to
detect and correct cracked engine exhaust pipes, which could lead to
engine damage, possibly resulting in damage to the airplane and
injury to the occupants.

(f) Actions and Compliance

    Unless already done, do the following actions as specified in
paragraphs (f)(1) through (f)(3) of this AD:
    (1) Within 25 hours time-in-service (TIS) after the effective
date of this AD or within the next 30 days after the effective date
of this AD, whichever occurs first, do a detailed inspection of all
engine exhaust pipes following the inspection instructions in
Costruzioni Aeronautiche TECNAM Service Bulletin No. SB 170-CS-ED 1,
Rev 1, dated September 25, 2014.
    (2) If any deformation, cracks, or any other defects are
detected during the inspection as required by paragraph (f)(1) of
this AD, before further flight, replace the affected pipe with an
airworthy part or contact Costruzioni Aeronautiche TECNAM for FAA-
approved repair instructions approved specifically for compliance
with this AD and incorporate those instructions.
    (3) Within 30 days after the inspection required by paragraph
(f)(1) of this AD or within 30 days after the effective date of this
AD, whichever occurs later, report the results (including no
findings) by using the occurrence report in Costruzioni Aeronautiche
TECNAM Service Bulletin No. SB 170-CS-ED 1, Rev 1, dated September
25, 2014.

(g) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Office, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. Send
information to ATTN: Albert Mercado, Aerospace Engineer, FAA, Small
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>Before using any approved AMOC on any
airplane to which the AMOC applies, notify your appropriate
principal inspector (PI) in the FAA Flight Standards District Office
(FSDO), or lacking a PI, your local FSDO.
    (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.
    (3) Reporting Requirements: For any reporting requirement in
this AD, a federal agency may not conduct or sponsor, and a person
is not required to respond to, nor shall a person be subject to a
penalty for failure to comply with a collection of information
subject to the requirements of the Paperwork Reduction Act unless
that collection of information displays a current valid OMB Control
Number. The OMB Control Number for this information collection is
2120-0056. Public reporting for this collection of information is
estimated to be approximately 5 minutes per response, including the
time for reviewing instructions, completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Comments concerning the accuracy of this
burden and suggestions for reducing the burden should be directed to
the FAA at: 800 Independence Ave. SW., Washington, DC 20591, Attn:
Information Collection Clearance Officer, AES-200.

(h) Related Information

    Refer to European Aviation Safety Agency (EASA) AD No.: 2014-
0220, dated September 30, 2014, for related information. You may
examine the MCAI on the Internet at http://www.regulations.gov by
searching for and locating Docket No. FAA-2014-0876. For

service information related to this AD, contact Costruzioni
Aeronautiche Tecnam Airworthiness Office, Via Maiorise-81043 Capua
(CE) Italy; telephone: +39 0823 997538; fax: +39 0823 622899; email:
<EMAIL_ADDRESS>Internet: http://www.tecnam.com/Customer-Care/Service-Bulletins.aspx. You may review this referenced
service information at the FAA, Small Airplane Directorate, 901
Locust, Kansas City, Missouri 64106. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.

    Issued in Kansas City, Missouri, on October 22, 2014.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2014-25740 Filed 10-28-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 235 (Friday, December 7, 2018)]
[Notices]
[Pages 63194-63196]
[FR Doc No: 2018-26597]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Dockets No. FMCSA-2017-0243, FMCSA-2017-0296, FMCSA-2017-0337, FMCSA-
2017-0340, FMCSA-2017-0342, FMCSA-2017-0356, FMCSA-2017-0361, FMCSA-
2017-0373, FMCSA-2018-0003, FMCSA-2017-0336]

Hours of Service (HOS) of Drivers; Applications for Exemption
From the Electronic Logging Device Rule

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of final disposition; denial of applications for
exemption.

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

SUMMARY: As required by statute, FMCSA announces denials of 10
applications for exemptions from the hours-of service (HOS) electronic
logging device (ELD) rule. The applicants are as follows: Power and
Construction Contractors Association; Western Equipment Dealers
Association; Association of Energy Service Companies; Cudd Energy
Services, Inc.; SikhsPAC and North American Punjabi Trucker
Association; Owner- Operator Independent Drivers Association, Inc.;
American Disposal Service; Towing and Recovery Association of America;
National Electrical Contractors Association; and the Agricultural
Retailers Association. The Agency reviewed each application and any
comments received and rendered each decision based upon the merits of
the application.

DATES: On June 16, 2018, FMCSA denied 9 applications for exemption and
on July 26, 2018, the Agency denied the application of the Agricultural
Retailers Association.

FOR FURTHER INFORMATION CONTACT: Ms. Pearlie Robinson, FMCSA Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards; Telephone:<PHONE_NUMBER>. Email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant
exemptions from certain parts of the Federal Motor Carrier Safety
Regulations. FMCSA must publish a notice of each exemption request in
the Federal Register (49 CFR 381.315(a)). The Agency must provide the
public an opportunity to inspect the information relevant to the
application, including any safety analyses that have been conducted.
The Agency must provide an opportunity for public comment on the
request.
    The Agency reviews safety analyses and public comments submitted
and determines whether granting the exemption would likely achieve a
level of safety equivalent to, or greater than, the level that would be
achieved by the current regulation (49 CFR 381.305). The decision of
the Agency must be published in the Federal Register (49 CFR
381.315(b)) with the reasons for denying or granting the application
and, if granted, the name of the person or class of persons receiving
the exemption, and the regulatory provision from which the exemption is
granted. In the case of denials, 49 U.S.C. 31315 explicitly states that
the Agency may meet the requirements by periodically publishing in the
Federal Register the names of persons denied exemptions and the reasons
for the denials.

Applications for Exemption

    The current hours-of-service (HOS) regulations in 49 CFR 395.8(a)
require motor carriers subject to the regulation to ensure their
drivers use ELDs in place of written logs to record their duty status
for each 24-hour period. Additionally, Part 395 lists certain ELD
exceptions for short-haul operations within a 100 air-mile radius and
agricultural operations within a 150 air-mile radius.
    The 10 applicants cited below applied for an exemption from the
requirement to use an ELD to record HOS for drivers subject to the
regulation for various reasons. FMCSA published Federal Register
notices requesting public comment on each application. Each notice
established a docket to provide the public an opportunity to inspect
the application and other docketed information, such as comments of
others submitted to the docket. Details of the Agency's analysis
follows.

Power and Construction Association (PCCA)

    The PCCA requested that motor carriers and drivers operating
commercial motor vehicles (CMVs) in the power and communication
construction industry be allowed to use paper records of duty status
(RODS) instead of ELDs. PCCA noted that construction contractors spend
considerable time off-road on varying jobsites; a single CMV may have
several different drivers over the course of a day, moving the vehicle
short distances around the jobsite. Due to the limited time that their
drivers spend driving on public roads within a workday, PCCA states
that the ELD and RODS requirements for drivers in its industries do not
result in a significant safety benefit.
    FMCSA reviewed the application and the 259 public comments
submitted. On June 16, 2018, FMCSA denied PCCA's application for
exemption because the Agency could not ensure that the exemption would
provide the requisite level of safety. A copy of the denial letter is
available for review in the docket (FMCSA-2017-0243).

Western Equipment Dealers Association (WEDA)

    WEDA requested this exemption from ELD use on behalf of several
organizations and their members. Effectively, the requested exemption
would eliminate the requirement for agricultural equipment dealers to
install ELDs on their CMVs. WEDA stated that equipment dealer
operations in agriculture present unique circumstances that warrant the
requested exemption and that the failure to grant it would pose an
undue burden on equipment dealers and their customers without a
measurable safety benefit.
    FMCSA reviewed the application and the 125 public comments
submitted. On June 16, 2018, FMCSA denied WEDA's application for
exemption because the Agency could not ensure that the exemption would
provide the requisite level of safety. A copy of the denial letter is
available for review in the docket (FMCSA-2017-0296).

Association of Energy Service Companies (AESC)

    AESC requested this exemption to allow all drivers of well service
rigs to complete paper RODS instead of using an ELD whenever the
drivers exceeded the requirements of the short-haul exception.
According to AESC, complying with the ELD requirement would be overly
burdensome for well

service rig contractors without providing any measurable safety
benefit. AESC further explained that well service rig drivers spend
very little time on public roads, in contrast to long-haul truck
drivers who spend most of their on-duty hours driving on public roads.
    FMCSA reviewed the application and the 8 public comments submitted.
On June 16, 2018, FMCSA denied AESC's application for exemption because
the Agency could not ensure that the exemption would provide the
requisite level of safety. A copy of the denial letter is available for
review in the docket (FMCSA-2017-0337).

Cudd Energy Services, Inc. (CES)

    CES requested an exemption from the ELD requirements for its
specially trained drivers of specially constructed CMVs used in
oilfield operations to allow drivers of these infrequently driven CMVs
to complete paper RODS instead of using an ELD. FMCSA regulations
prohibit these drivers from using the short-haul exceptions to the HOS
rules. CES believes that the exemption would not have any adverse
impacts on operational safety because drivers would remain subject to
the HOS regulations as well as the requirements to maintain paper RODS.
    FMCSA reviewed the application and the 8 comments submitted. None
of the comments supported the exemption. On June 16, 2018, FMCSA denied
AESC's application for exemption because the Agency could not ensure
that the exemption would provide the requisite level of safety. A copy
of the denial letter is available for review in the docket (FMCSA-2017-
0340).

SikhsPAC and North American Punjabi Trucker Association (Applicants)

    These applicants requested an exemption from the ELD requirements
on behalf of their members (fresh produce shippers and small truck
businesses). According to the applicants, many of their members were
not fully prepared to meet the December 18, 2017, compliance date. The
exemption would allow members involved in segments of America's
agricultural transportation industry to delay using ELDs for one year.
The applicants asserted that the exemption, if granted, would give the
marketplace time necessary to develop cost-effective and practical
solutions for the specific needs of impacted stakeholders and would
allow FMCSA time to address training programs with compliant ELD
options.
    FMCSA reviewed the application and the 41 comments submitted. On
June 16, 2018, FMCSA denied the application. The information provided
by the applicants failed to distinguish the drivers who would be
included under the exemption. The applicants failed to indicate how
they could ensure that the exemption would achieve a level of safety
equivalent to, or greater than, the level of safety that would be
obtained by compliance with the HOS regulation. A copy of the denial
letter is available for review in the docket (FMCSA-2017-0342).

Owner-Operator Independent Drivers Association, Inc. (OOIDA)

    OOIDA requested a five-year exemption from the ELD rule for certain
motor carriers considered to be a small transportation trucking
business under 13 CFR 121.201. If granted, the exemption would cover
small trucking businesses that do not have a carrier safety rating of
``unsatisfactory,'' and that can document a proven history of safety
performance with no attributable at-fault crashes.
    FMCSA reviewed the application and approximately 4,090 comments
submitted. An estimated 96 percent of the comments were from owner-
operators in favor of the exemption. Approximately 4 percent of the
comments were in opposition to the proposed exemption. On June 16,
2018, FMCSA denied the application. FMCSA noted that most of the
content of the application challenges the basis of the ELD rule itself,
rather than justifying an exemption for a specific segment of drivers
under applicable statutory standards. FMCSA noted further that the
application provided no consideration of the significant difficulty
that would be encountered in trying to identify and validate drivers
who meet the proposed exemption criteria, especially during roadside
inspections. A copy of the denial letter is available for review in the
docket (FMCSA-2017-0356).

American Disposal Service (ADS)

    ADS is a trash hauling and recycling company operating in four
States, with over 300 drivers who hold CDLs. ADS has been using the
multiple stop rule, ``treating all the stops in a village, town or city
as one.'' ADS operations fall under the 100 air-mile short haul
exemption in Section 395.1(e)(1). When drivers exceed the 12-hour
limitation more than 8 times in any 30 consecutive days, ADS is
required to install and use ELDs in its CMVs.
    ADS applied for the exemption from the ELD and paper RODS
requirements because the company does not believe ELDs can accurately
record driving time when the CMV makes constant short movements with
the driver often exiting the vehicle. FMCSA reviewed the application
and the 10 comments submitted. On June 16, 2018, FMCSA denied the
application. FMCSA concluded that ADS had not clearly explained how its
non-use of ELDs and its discontinued use of paper RODS would reach the
current level of safety that compliance with the HOS rules provides. A
copy of the denial letter is available for review in the docket (FMCSA-
2017-0361).

Towing and Recovery Association of America (TRAA)

    TRAA is the national towing association representing more than
35,000 towing companies in all 50 states. TRAA has requested a 5-year
exemption for all operators of CMVs owned or leased to providers of
motor vehicle towing, recovery, and roadside repair services while
providing such services. TRAA states that towing industry operations
represent a unique and vital segment of the overall transportation
industry in America that warrants exemption from the ELD regulations.
TRAA believes that failure to grant the exemption will cause confusion
and create an overly complex regulatory framework that will pose an
undue burden on towers and their customers without any measurable
benefit to public safety.
    FMCSA reviewed the application and the 250 comments submitted. On
June 16, 2018, FMCSA denied the application. FMCSA concluded that
TRAA's plan for the continued use of paper RODS and the process for
reviewing the RODS to verify accuracy would be comparable to the level
of safety provided by paper RODS prior to the implementation of the ELD
rule but would not achieve the equivalent level of safety that would be
achieved by the use of ELDs. A copy of the denial letter is available
for review in the docket (FMCSA-2017-0373).

National Electrical Contractors Association (NECA)

    NECA requested an exemption from the requirement to use an ELD on
CMVs used by 4,000 contractor members who install, repair, and maintain
the infrastructure of electrical utilities. NECA believes the ELD
requirement burdens its members' operations unnecessarily. It proposed
to continue to use paper logs to record their HOS.
    FMCSA reviewed the application and the 275 comments submitted. Many
of the comments were form letters in support of the application. On
June 16, 2018, FMCSA denied the application. FMCSA was unable to
determine from

the application and the public comments whether operations under the
requested exemption would provide a requisite level of safety. A copy
of the denial letter is available for review in the docket (FMCSA-2018-
0003).

Agricultural Retailers Association (ARA)

    ARA applied for exemption from the ELD requirement on behalf of its
members who are retailers and distributors of farm-related products and
services. ARA members rely on CMVs to deliver their products and
services to farms. ARA asserted that its members were not prepared to
meet the December 18, 2017 deadline for complying with the ELD rule and
sought to obtain postponement of the deadline.
    FMCSA reviewed the application and the 117 comments submitted. On
July 26, 2018, FMCSA denied the application. FMCSA was unable to
determine from the application and the public comments whether
operations under the requested exemption would provide a requisite
level of safety. A copy of the denial letter is available for review in
the docket (FMCSA-2017-0336).

Conclusion

    FMCSA has reviewed these applications carefully and the comments
received and has concluded that each application lacks sufficient merit
to justify the exemptions sought. Accordingly, FMCSA denies each
application.

    Issued on: November 30, 2018.
Raymond A. Martinez,
Administrator.
[FR Doc. 2018-26597 Filed 12-6-18; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register Volume 84, Number 207 (Friday, October 25, 2019)]
[Notices]
[Pages 57443-57444]
[FR Doc No: 2019-23274]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2013-N-0514]

Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; Administrative
Procedures for Clinical Laboratory Improvement Amendments
Categorization

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA or we) is announcing
that a proposed collection of information has been submitted to the
Office of Management and Budget (OMB) for review and clearance under
the Paperwork Reduction Act of 1995.

DATES: Fax written comments on the collection of information by
November 25, 2019.

ADDRESSES: To ensure that comments on the information collection are
received, OMB recommends that written comments be faxed to the Office
of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer,
Fax:<PHONE_NUMBER>, or emailed to<EMAIL_ADDRESS>All
comments should be identified with the OMB control number 0910-0607.
Also include the FDA docket number found in brackets in the heading of
this document.

FOR FURTHER INFORMATION CONTACT: Amber Sanford, Office of Operations,
Food and Drug Administration, Three White Flint North, 10A-12M, 11601
Landsdown St., North Bethesda, MD 20852,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has
submitted the following proposed collection of information to OMB for
review and clearance.

Administrative Procedures for Clinical Laboratory Improvement
Amendments of 1988 Categorization--42 CFR 493.17

OMB Control Number 0910-0607--Extension

    FDA's guidance entitled ``Administrative Procedures for CLIA
Categorization''\1\ describes procedures FDA uses to assign the
complexity category to a device, which affects what type of Clinical
Laboratory Improvement Amendments of 1988 (CLIA) certificate the
laboratory obtains. Typically, FDA assigns complexity categorizations
to devices at the time of clearance or approval of the device. In some
cases, however, a manufacturer may request CLIA categorization even if
FDA is not simultaneously reviewing a 510(k) or premarket approval
application (PMA). One example is when a manufacturer requests that FDA
assign CLIA categorization to a previously cleared device that has
changed names since the original CLIA categorization. Another example
is when a device is exempt from premarket review. In such cases, the
guidance recommends that manufacturers provide FDA with a copy of the
package insert for the device and a cover letter indicating why the
manufacturer is requesting a categorization (e.g., name change, exempt
from 510(k) review). The guidance recommends that in the correspondence
to FDA the manufacturer should identify the product code and
classification as well as reference to the original 510(k) when this is
available.
---------------------------------------------------------------------------

    \1\ Available at https://www.fda.gov/media/71065/download.
---------------------------------------------------------------------------

    In the Federal Register of June 26, 2019 (84 FR 30127), FDA
published a 60-day notice requesting public comment on the proposed
collection of information. No comments were received.
    FDA estimates the burden of this collection of information as
follows:

                                                     Table 1--Estimated Annual Reporting Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                        Number of                                                        Total operating
                     Activity                          Number of      responses per     Total annual    Average burden    Total hours    and maintenance
                                                      respondents       respondent       responses       per response                         costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
Request for CLIA categorization...................              80                5              400                1              400           $2,000
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs associated with this collection of information.

    Based on recent receipt data for requests for CLIA categorization
separate from a product application, the number of respondents is
approximately 80. On average, each respondent requests such
categorizations five times per year.
    The cost, not including personnel, is estimated at $5 per
submission (5 x 400), totaling $2,000. This includes the cost of
copying and mailing copies of package inserts and a cover letter. The
burden hours are based on FDA familiarity with the types of
documentation typically included in a sponsor's categorization
requests, and costs for basic office supplies (e.g., paper). Upon
review of this information collection, we have adjusted the estimated
cost per submission (previously $52). Because the submissions are
typically only a few pages per package insert and copying or printing
and postage for a few pages is not expected to be more than $5, we
believe this is a more appropriate cost burden estimate.
    Our estimated burden for the information collection reflects an
overall decrease of 500 hours. We attribute this adjustment to a
decrease in the number of submissions we received over the last few
years. Also, upon review of this information collection, we believe the
previous estimate may have included requests for categorization
associated with a premarket submission, the burden estimate of which is
included under the OMB approval for the applicable premarket
submission. We have therefore revised the number of respondents/
responses to include only those that are separate from a product
application, consistent with the scope of this information collection.

    Dated: October 18, 2019.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2019-23274 Filed 10-24-19; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 79, Number 155 (Tuesday, August 12, 2014)]
[Notices]
[Pages 47102-47103]
[FR Doc No: 2014-19024]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER14-2597-000]

Town of Hanover; 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
the Town of Hanover'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 26, 2014.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for review in the Commission's
Public

Reference Room in Washington, DC. There is an eSubscription link on the
Web site that enables subscribers to receive email notification when a
document is added to a subscribed docket(s). For assistance with any
FERC Online service, please email<EMAIL_ADDRESS>or call
(866) 208-3676 (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: August 6, 2014.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2014-19024 Filed 8-11-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 142 (Tuesday, July 24, 2012)]
[Notices]
[Pages 43407-43408]
[FR Doc No: 2012-17978]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-67459; File No. SR-OCC-2012-08]

Self-Regulatory Organizations; The Options Clearing Corporation;
Order Approving Proposed Rule Change Relating to Amendments to Certain
Rules Applicable to Stock Futures

July 18, 2012.

I. Introduction

    On May 24, 2012, The Options Clearing Corporation (``OCC'') filed
with the Securities and Exchange Commission (``Commission'') proposed
rule change SR-OCC-2012-08 pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4
thereunder.\2\ The proposed rule change was published for comment in
the Federal Register on June 7, 2012.\3\ The Commission received no
comment letters on the proposal. For the reasons discussed below, the
Commission is granting approval of the proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Securities Exchange Act Release No. 34-67095 (Jun. 1, 2012),
77 FR 33794 (Jun. 7, 2012).
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II. Description

    The proposed rule change would clarify the applicability of OCC's
By-Laws and Rules to security futures on index-linked securities such
as exchange-traded notes, which are currently traded on OneChicago,
LLC. Index-linked securities are non-convertible debt of a major
financial institution that typically have a term of at least one year
but not greater than thirty years and that provide for payment at
maturity based upon the performance of an index or indexes of equity
securities or futures contracts, one or more physical commodities,
currencies or debt securities, or a combination of any of the
foregoing. Index-linked securities are traded on national securities
exchanges and, although they are technically debt securities, meet the
definition of ``NMS stock'' under Regulation NMS.\4\ Furthermore,
index-linked securities traded on designated contract markets meet the
requirements of Commodity Futures Trading Commission Regulation 41.21
for the underlying securities of security futures products that are
eligible to be treated as a single security. OneChicago therefore
treats security futures on index-linked securities as security futures
on single securities, or ``single stock futures,'' for listing and
trading purposes, and trading in them will generally be governed by the
same rules that are applicable to other single stock futures. OCC
similarly treats futures on index-linked securities as single stock
futures, and accordingly is proposing to amend the definition of
``stock future'' in Article I of its By-Laws to explicitly include
index-linked securities.\5\
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    \4\ ``NMS stock'' is defined in Rule 600(b)(47) of Regulation
NMS to mean ``any NMS security other than an option.'' ``NMS
security'' is defined in Rule 600(b)(46) to mean any security for
which transaction reports are collected and disseminated under an
effective national market system plan, and because index-linked
securities are exchange traded they fall within this definition.
    \5\ Article I of OCC's By-Laws defines ``index-linked security''
to mean ``a debt security listed on a national securities exchange,
the payment upon maturity of which is based in whole or in part upon
the performance of an index or indexes of equity securities or
futures contracts, one or more physical commodities, currencies or
debt securities, or a combination of any of the foregoing.''
---------------------------------------------------------------------------

    In addition to amending the definition of ``stock future'' to
reference index-linked securities, OCC is amending Interpretation and
Policy .05 to Article XII, Section 3 of its By-Laws to clarify that a
call of an entire class of index-linked securities will result in an
adjustment of security futures on index-linked securities similar to
the adjustment that would be made to other stock futures in the event
of a cash merger, but that a partial call will not result in an
adjustment. OCC is also adding Interpretation and Policy .11 to Article
XII, Section 3 of its By-Laws to establish that interest payments on
index-linked securities will generally be considered ``ordinary cash
dividends or distributions'' within the meaning of paragraph (c) of
Section 3. The amendments parallel amendments previously made to
Article VI, Section 11A of the By-Laws to accommodate options on index-
linked securities.\6\
---------------------------------------------------------------------------

    \6\ Securities Exchange Act Release No. 34-60872 (October 23,
2009), 74 FR 55878 (October 29, 2009).
---------------------------------------------------------------------------

    The proposed rule change also would amend Interpretation and Policy
.08 to Article XII, Section 3, which provides that OCC will ordinarily
adjust for capital gains distributions on underlying ``fund shares,''
i.e., shares of exchange-traded funds (``ETFs'') but with a de minimis
exception under which no adjustment will be made in respect of
distributions of less than $.125 per fund share. (An equivalent de
minimis provision is contained in the Interpretations and Policies to
Article VI, Section 11A, governing stock options.) However, in the case
of stock futures, OneChicago, the only futures exchange clearing
through OCC that currently trades such futures, has requested that
adjustments be made for capital gains distributions in respect of fund
shares without exception in order to permit the stock futures on ETFs
to more closely reflect the economic characteristics of the ETFs'
underlying stocks. This revision to the provision for fund shares
futures will establish consistency with Interpretation and Policy
.01(b) to Article XII, Section 3 which also does not contain a de
minimis threshold for stock futures adjusted for cash distributions.
Accordingly, OCC is amending Interpretation and Policy .08 to eliminate
the de minimis exception.
    Additionally, OCC is making a technical correction to Rule 1304,
which permits the acceleration of the maturity date for stock futures
adjusted to require the delivery of cash, and Rule 807, which permits
the acceleration of the expiration date of stock options adjusted to
require the delivery of cash. Rules 1304 and 807 contain language that
could be read to suggest that such acceleration would occur only in the
event of a cash-out merger. However, cash-outs also may occur as a
result of bankruptcies, ADS liquidations, and other events, and there
is no reason to limit such accelerations to cash-out merger events.
Accordingly, OCC is amending Rules 1304 and 807 to delete language that
may be perceived to limit OCC's ability to accelerate a maturity or
expiration date to such events. OCC is also deleting as obsolete a
version of Rule 807 that was effective before January 1, 2008, and
related language regarding the effective date in what would now be the
only version of Rule 807.

III. Discussion

    Section 19(b)(2)(B) of the Act directs the Commission to approve a
proposed rule change of a self-regulatory organization if it finds that
such proposed rule change is consistent with the requirements of the
Act and the

rules and regulations thereunder applicable to such organization.\7\
Section 17A(b)(3)(F) of the Act requires that a clearing agency, among
other things, have the capacity to facilitate the prompt and accurate
clearance and settlement of securities transactions for which it is
responsible.\8\
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(2)(B).
    \8\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

    The Commission believes that the change is consistent with the
purposes and requirements of Section 17A of the Act \9\ and the rules
and regulations thereunder applicable to OCC. In particular, the
Commission believes that clarifying the applicability of OCC's By-Laws
and Rules to security futures on index-linked securities should
facilitate the clearance and settlement of such products and, thus,
should help promote the prompt and accurate clearance and settlement of
securities transactions for which OCC is responsible.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78q-1.
---------------------------------------------------------------------------

IV. Conclusion

    On the basis of the foregoing, the Commission finds that the
proposal is consistent with the requirements of the Act and in
particular with the requirements of Section 17A of the Act \10\ and the
rules and regulations thereunder.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78q-1.
---------------------------------------------------------------------------

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\11\ that the proposed rule change (File No. SR-OCC-2012-08) be,
and hereby is, approved.\12\
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(2).
    \12\ In approving the proposed rule change, the Commission
considered the proposal's impact on efficiency, competition, and
capital formation. 15 U.S.C. 78c(f).

    For the Commission by the Division of Trading and Markets,
pursuant to delegated authority.\13\
---------------------------------------------------------------------------

    \13\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-17978 Filed 7-23-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 75, Number 140 (Thursday, July 22, 2010)]
[Proposed Rules]
[Pages 42631-42633]
[FR Doc No: 2010-17954]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2010-0321; Airspace Docket No. 10-ANE-104]

Proposed Establishment of Class E Airspace; Wolfeboro, NH

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to establish Class E Airspace at
Wolfeboro, NH, to accommodate a new Area Navigation (RNAV) Global
Positioning System (GPS) Special Standard

Instrument Approach Procedure (SIAP) serving Huggins Hospital. This
action would enhance the safety and airspace management of Instrument
Flight Rules (IFR) operations within the National Airspace System.

DATES: Comments must be received on or before September 7, 2010.

ADDRESSES: Send comments on this rule to: U. S. Department of
Transportation, Docket Operations, West Building Ground Floor, Room
W12-140, 1200 New Jersey, SE., Washington, DC 20590-0001; Telephone: 1-
800-647-5527; Fax:<PHONE_NUMBER>. You must identify the Docket Number
FAA-2010-0321; Airspace Docket No. 10-ANE-104, at the beginning of your
comments. You may also submit and review received comments through the
Internet at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Richard Horrocks, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, P.O.
Box 20636, Atlanta, Georgia 30320; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to comment on this rule by
submitting such written data, views, or arguments, as they may desire.
Comments that provide the factual basis supporting the views and
suggestions presented are particularly helpful in developing reasoned
regulatory decisions on the proposal. Comments are specifically invited
on the overall regulatory, aeronautical, economic, environmental, and
energy-related aspects of the proposal.
    Communications should identify both docket numbers (FAA Docket No.
FAA-2010-0321; Airspace Docket No. 10-ANE-104) and be submitted in
triplicate to the Docket Management System (see ADDRESSES section for
address and phone number). You may also submit comments through the
Internet at http://www.regulations.gov.
    Comments wishing the FAA to acknowledge receipt of their comments
on this action must submit with those comments a self-addressed stamped
postcard on which the following statement is made: ``Comments to Docket
No. FAA-2010-0321; Airspace Docket No. 10-ANE-104.'' The postcard will
be date/time stamped and returned to the commenter.
    All communications received before the specified closing date for
comments will be considered before taking action on the proposed rule.
The proposal contained in this notice may be changed in light of the
comments received. A report summarizing each substantive public contact
with FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded from and
comments submitted through http://www.regulations.gov. Recently
published rulemaking documents can also be accessed through the FAA's
Web page at http://www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received and any final disposition in person in the Dockets
Office (see the ADDRESSES section for address and phone number) between
9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. An
informal docket may also be examined during normal business hours at
the office of the Eastern Service Center, Federal Aviation
Administration, room 210, 1701 Columbia Avenue, College Park, Georgia
30337.
    Persons interested in being placed on a mailing list for future
NPRM's should contact the FAA's Office of Rulemaking,<PHONE_NUMBER>,
to request a copy of Advisory circular No. 11-2A, Notice of Proposed
Rulemaking distribution System, which describes the application
procedure.

The Proposal

    The FAA is considering an amendment to Title 14, Code of Federal
Regulations (14 CFR) part 71 to establish Class E airspace at
Wolfeboro, NH to provide controlled airspace required to support the
special SIAPs for Huggins Hospital. The existing Class E airspace
extending upward from 1,200 feet above the surface would be modified
for the safety and management of IFR operations by lowering the base of
the controlled airspace to 700 feet above the surface.
    Class E airspace designations are published in Paragraph 6005 of
FAA order 7400.9T, signed August 27, 2009, and effective September 15,
2009, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designation listed in this document will be published
subsequently in the Order.
    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore, (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a Regulatory Evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this proposed rule, when promulgated, would not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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. This proposed rulemaking is promulgated under the authority
described in subtitle VII, part, A, subpart I, section 40103. Under
that section, the FAA is charged with prescribing regulations to assign
the use of airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. This proposed regulation is within the scope
of that authority as it would establish Class E airspace at Huggins
Hospital, Wolfeboro, NH.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (Air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND CLASS E AIRSPACE
AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

    1. The authority citation for part 71 continues to read as follows:

    Authority:  49 U.S.C. 106(g); 40103, 40113, 40120; E.O. 10854,
24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of Federal
Aviation Administration Order 7400.9T, Airspace Designations and
Reporting Points, signed August 27, 2009, effective September 15, 2009,
is amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward from 700
Feet or More Above the Surface of the Earth.

* * * * *

ANE NH E5 Wolfeboro, NH [New]

Huggins Hospital, NH

    (Lat. 43[deg]34'56'' N., long. 71[deg]12'06'' W.)
Point in Space Coordinates
    (Lat. 43[deg]35'15'' N., long. 71[deg]11'19'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6-mile radius of the Point in Space Coordinates (lat.
43[deg]35'15'' N., long. 71[deg]11'19'' W.) serving the Huggins
Hospital.

    Issued in College Park, Georgia, on July 13, 2010.
Mark D. Ward,
Manager, Operations Support Group, Eastern Service Center, Air Traffic
Organization.
[FR Doc. 2010-17954 Filed 7-21-10; 8:45 am]
BILLING CODE 4910-13-P


 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

WASHINGTON, D.C.  20460

OFFICE OF

PREVENTION, PESTICIDES

AND TOXIC SUBSTANCES

February 20, 2007

MEMORANDUM

SUBJECT:   	Maleic Hydrazide (Chemical No. 051501).  Close-out of the
Tolerance 	Reassessment Eligibility Decision (TRED) document.

This memorandum serves to finalize the Agency’s actions regarding the
Maleic Hydrazide Tolerance Reassessment Eligibility Decision (TRED)
document.  During the public comment period for the TRED document, the
Agency received and reviewed several comments submitted from the
registrants.  Thus, a response to comments document and an addendum to
the TRED residue chemistry chapter were prepared by the Agency to
address all concerns.  As a result, the Agency considers the maleic
hydrazide decision document to be complete and final.  The response to
comments document as well as all other supporting documents pertaining
to maleic hydrazide are available via the Agency’s electronic docket
on the internet at   HYPERLINK "http://www.regulations.gov"
http://www.regulations.gov  under docket number EPA-HQ-OPP-2005-0290.