[Federal Register: May 2, 2006 (Volume 71, Number 84)]
[Proposed Rules]
[Page 25800-25802]
[DOCID:fr02my06-22]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[Docket No. EPA-R02-OAR-2006-0303; FRL-8164-3]

Approval and Promulgation of Implementation Plans; New York Ozone
State Implementation Plan Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The EPA is proposing to approve a revision to the New York
State Implementation Plan (SIP) related to the control of oxides of
nitrogen (NOX) and volatile organic compounds (VOC) from
stationary sources. The SIP revision consists of amendments to New
York's Code of Rules and Regulations Parts 214, ``Byproduct Coke Oven
Batteries,'' and 216, ``Iron and/or Steel Processes.'' The revision was
submitted to comply with the 1-hour ozone Clean Air Act reasonably
available control technology requirements for major sources of VOC and
NOX not covered by Control Techniques Guidelines. The
intended effect of this action is to propose approval of control
strategies which will result in emission reductions that will help
achieve attainment of the national ambient air quality standard for
ozone.

DATES: Comments must be received on or before June 1, 2006.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R02-
OAR-2006-0303, by one of the following methods:
     http://www.regulations.gov: Follow the on-line

instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Mail: Raymond Werner, Chief, Air Programs Branch,
Environmental Protection Agency, Region 2 Office, 290 Broadway, 25th
Floor, New York, New York 10007-1866.
     Hand Delivery: Raymond Werner, Chief, Air Programs Branch,
Environmental Protection Agency, Region 2 Office, 290 Broadway, 25th
Floor, New York, New York 10007-1866. Such deliveries are only accepted
during the Regional Office's normal hours of operation. The Regional
Office's official hours of business are Monday through Friday, 8:30 to
4:30 excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R02-OAR-
2006-0303. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information

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

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

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

FOR FURTHER INFORMATION CONTACT: Kirk J. Wieber, Air Programs Branch,
Environmental Protection Agency, 290 Broadway, 25th Floor, New York,
New York 10007-1866,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. What Action is EPA Proposing Today?
II. What Are the Clean Air Act Requirements?
    A. What are the volatile organic compound (VOC) Reasonably
Available Control Technology (RACT) requirements?
    B. What are the oxides of nitrogen (NOX) RACT
requirements?
III. What Did New York Include in its Submittals?
IV. What Are the Revisions to Part 214, ``By-Product Coke Oven
Batteries'' and Part 216, ``Iron and/or Steel Processes''?
    A. What is the definition of generic RACT and do Parts 214 and
216 contain generic RACT provisions?
    B. How has New York addressed case-by-case RACT determinations?
V. Conclusion
VI. Statutory and Executive Order Reviews

I. What Action Is EPA Proposing Today?

    The EPA is proposing to approve a revision to the New York Ozone
State Implementation Plan (SIP). The SIP revision consists of
amendments to New York's Code of Rules and Regulations, Parts 214,
``Byproduct Coke Oven Batteries,'' and 216, ``Iron and/or Steel
Processes'' and is intended to comply with certain 1-hour ozone Clean
Air Act Reasonably Available Control Technology (RACT) requirements.

II. What Are the Clean Air Act Requirements?

A. What are the volatile organic compound (VOC) Reasonably Available
Control Technology (RACT) requirements?

    The Clean Air Act (Act) as amended in 1990 sets forth a number of
requirements that states with areas designated as nonattainment for
ozone must satisfy and a timetable for satisfying these requirements.
The specific requirements vary depending upon the severity of the ozone
problem. One of the requirements, and the subject of this proposed
rulemaking, requires states to adopt RACT rules for various VOC source
categories. EPA has defined RACT as the lowest emission limitation that
a particular source is capable of meeting by the application of control
technology that is reasonably available considering technological and
economic feasibility (44 FR 53762; September 17, 1979).
    Section 182 of the Act sets forth two separate RACT requirements
for ozone nonattainment areas. The first requirement, contained in
section 182(a)(2)(A) of the Act, and referred to as RACT fix-up,
requires the correction of RACT rules for which EPA identified
deficiencies before the Act was amended in 1990. The second
requirement, set forth in section 182(b)(2) of the Act, applies to
moderate (or worse) ozone nonattainment areas as well as to ozone
transport regions. The goal of this latter requirement is to ensure
that areas not required previously to adopt RACT for some or all of the
major stationary sources, adopt rules and ``catch-up'' to those areas
subject to more stringent RACT requirements.
    EPA issued three sets of Control Techniques Guideline (CTG)
documents, establishing a ``presumptive norm'' for RACT for various
categories of VOC sources. The three sets of CTGs were (1) Group I--
issued before January 1978 (15 CTGs); (2) Group II--issued in 1978 (9
CTGs); and (3) Group III--issued in the early 1980's (5 CTGs). Those

sources not covered by a CTG are referred to as non-CTG sources.
Section 182(b)(2) of the Act requires states with ozone nonattainment
areas classified as moderate or worse to develop RACT for all pre-
enactment CTG source categories, for all sources subject to post-
enactment CTGs and for all non-CTG major sources in those areas. Under
the pre-1990 Clean Air Act, ozone nonattainment areas were required to
adopt RACT rules for sources of VOC emissions.
    New York has previously addressed most of these requirements and
EPA has approved these revisions into the New York State Implementation
Plan (SIP).

B. What are the oxides of nitrogen (NOX) RACT requirements?

    The air quality planning requirements for the reduction of
NOX emissions using RACT are set out in section 182(f) of
the Act. EPA further defines the section 182(f) requirements in a
notice, ``State Implementation Plans; Nitrogen Oxides Supplement to the
General Preamble; Clean Air Act Amendments of 1990 Implementation of
Title I; Proposed Rule,'' published November 25, 1992 (57 FR 55620).
Refer to the November 25, 1992 notice for detailed information on the
NOX requirements. Also refer to additional guidance
memoranda that EPA released subsequent to the NOX
Supplement. The additional guidance includes but is not limited to: EPA
publication EPA-452/R-96-005 (March 1996) entitled ``NOX
Policy Documents for The Clean Air Act of 1990;'' EPA's policy
memorandum on the approval options for generic RACT rules submitted by
states entitled ``Approval Options for Generic RACT Rules Submitted to
Meet the non-CTG VOC RACT Requirement and Certain NOX RACT
Requirements'' (November 7, 1996); EPA's draft system-wide averaging
trading guidance (December 1993); and EPA's publications of
``Alternative Control Technique Documents,'' which are technical
documents identifying alternative controls for most categories of
stationary sources of NOX.
    The Act requires that states establish requirements, where
practicable, for major stationary sources to include NOX
RACT controls by May 31, 1995.

III. What Did New York Include in Its Submittals?

    On July 8, 1994, New York State Department of Environmental
Conservation (NYSDEC) submitted to EPA a request to revise its SIP. The
revisions consisted of amendments to New York's Code of Rules and
Regulations (NYCRR) Parts 214, ``Byproduct Coke Oven Batteries,'' and
216, ``Iron and/or Steel Processes.'' Parts 214 and 216 were adopted by
the State on July 8, 1994 and became effective on September 22, 1994.
These regulations are intended to address, at least in part, the
requirements of the Act explained in Section I of this notice. It
should be noted that because the specific requirements of the Act which
New York must address vary relative to the severity of the ozone
problem in a specific metropolitan area, the applicability of New
York's Parts 214 and 216 also varies accordingly. A summary of EPA's
review and findings concerning the revisions to Parts 214 and 216
follows.

IV. What Are the Revisions to Part 214, ``By-Product Coke Oven
Batteries'' and Part 216, ``Iron and/or Steel Processes''?

Part 214

    Revised Part 214 includes definitions which have been added for
convenience in interpreting the provisions of Part 214. Revised Part
214 also includes a new subdivision, subpart 214.9(b) which requires
facilities subject to this rule to comply with RACT requirements.
Facilities subject to this rule must submit a compliance plan which
identifies RACT for each NOX and VOC emission point or limit
the facility's potential to emit these contaminants below threshold
applicability levels through federally and state enforceable special
conditions in permits to construct and/or certificates to operate. A
compliance plan must identify the emission points not equipped with
RACT and must include a schedule for installation of RACT. Subpart
214.9(b) required that compliance plans be submitted to the NYSDEC by
October 20, 1994, and RACT implemented by May 31, 1995.
    VOC emission points which are subject to and are in compliance with
subparts L or FF of the national emission standards for hazardous air
pollutants in 40 CFR Part 61 are considered to be equipped with RACT
for purposes of compliance with subpart 214.9(b).
    Pursuant to subpart 214.9(b)(5), any other process specific RACT
determinations developed by the facilities, which have been determined
by the NYSDEC to be acceptable, must be submitted to EPA for approval
as SIP revisions.

Part 216

    Revised Part 216 includes definitions which have been added for
convenience in interpreting the provisions of Part 216. Revised Part
216 also includes a new subdivision, subpart 216.5 which requires
facilities subject to this rule to comply with RACT requirements.
Facilities subject to this rule must submit a compliance plan which
identifies RACT for each NOX and VOC emission point or limit
the facility's potential to emit these contaminants below threshold
applicability levels through federally and state enforceable special
conditions in permits to construct and/or certificates to operate. A
compliance plan must identify the emission points not equipped with
RACT and must include a schedule for installation of RACT. Subpart
216.5 required that compliance plans be submitted to the NYSDEC by
October 20, 1994, and RACT implemented by May 31, 1995.
    Pursuant to subpart 216.5(c)(4), any process specific RACT
determinations developed by the facilities, which have been determined
by the NYSDEC to be acceptable, must be submitted to EPA for approval
as SIP revisions.

A. What Is the Definition of Generic RACT and Do Parts 214 and 216
Contain Generic RACT Provisions?

    Generic provisions are those portions of a regulation which require
the application of RACT to an emission point, but the degree of control
is not specified in the rule and is to be determined on a case-by-case
basis taking technological and economic factors into consideration. New
York refers to these as ``process specific RACT demonstrations.'' Under
the Act, these individually determined RACT limits would then need to
be submitted by a state as a SIP revision for EPA approval. On November
7, 1996, EPA issued a policy memorandum providing additional guidance
for approving regulations which contain these ``generic provisions''.
(Sally Shaver, Director, Air Quality Strategies and Standards Division,
memorandum to EPA Division Directors, ``Approval Options for Generic
RACT Rules Submitted to Meet the non-CTG VOC RACT Requirement and
Certain NOX RACT Requirements'').
    EPA policy allows for the full approval of state rules containing
generic RACT requirements prior to actual EPA approval of SIP revisions
establishing RACT for each individual major source making use of the
generic RACT requirements. However, to allow this, the state must
provide an analysis that shows that the sources likely to make use of
these generic requirements would only represent a small amount or de-
minimis level of emissions and that the majority of emissions would be
regulated by a specified RACT level of

control included in the general rule. An EPA approval of this generic
provision does not exempt the remaining sources from complying with
RACT, but does provide an opportunity for EPA to make a determination
that the state has met a non-CTG requirement prior to taking action on
all of the individual case-by-case RACT determinations. Parts 214 and
216 both include generic RACT provisions requiring the application of
RACT on a case-by-case basis for any item of equipment, process or
source where the degree of control has not been specified in the
general rule.

B. How Has New York Addressed the Case-by-Case RACT Determinations?

    In a letter dated March 1, 2006, New York provided sufficient data
for EPA to evaluate the de-minimis level of NOX emissions
from generic sources in the State that are subject to Parts 214 and
216. New York also determined that there are no sources located in New
York State which are subject to the VOC RACT requirements of Parts 214
and 216 which would need to submit individual case-by-case RACT
determinations as single source SIP revisions. Therefore, New York
provided de-minimis data for NOX sources only.
    Given the State's data, EPA determined that 0.50 percent of the
NOX emissions subject to RACT controls have either not yet
been submitted to EPA as single source SIP revisions or, if submitted,
have not yet been approved by EPA. This 0.50 percent level includes
NOX emissions from four facilities for which New York is
required to submit single source SIP revisions addressing
NOX RACT requirements for these facilities. EPA policy
indicates that 0.50 percent is below the de-minimis level.\1\ EPA has
determined that New York's NOX RACT regulation conforms to
EPA's policy regarding the approval of generic RACT provisions or
rules. Therefore, EPA proposes full approval of the generic RACT
provisions of Part 214 and 216. Subparts 214.9(b)(5) and 216.5(c)(4)
require New York to submit any remaining case-by-case RACT
determinations for the NOX sources to EPA for approval as
single source SIP revisions.
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    \1\ EPA guidance (``Approval Options for Generic RACT Rules
Submitted to Meet the non-CTG VOC RACT Requirement and Certain
NOX RACT Requirements,'' November 7, 1996) provides that
where the non-approved RACT requirements concern sources whose
emissions represent less than 5 percent of the 1990 stationary
source NOX inventory, excluding utility boilers, it may
be appropriate to issue a full approval of the generic RACT
regulation.
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V. Conclusion

    EPA has evaluated New York's submittal for consistency with the
Act, EPA regulations, and EPA policy. EPA is proposing to approve the
revisions to Part 214, ``By-Product Coke Oven Batteries'' and Part 216,
``Iron and/or Steel Processes'' of New York's regulations as meeting
the VOC and NOX RACT ``catch-up'' requirements under
sections 182(b)(2) and 182(f) of the Act for non-CTG major sources.

VI. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
proposed action is not a ``significant regulatory action'' and
therefore is not subject to review by the Office of Management and
Budget. For this reason, this action is also not subject to Executive
Order 13211, ``Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This
proposed action merely proposes to approve state law as meeting Federal
requirements and imposes no additional requirements beyond those
imposed by state law. Accordingly, the Administrator certifies that
this proposed rule will not have a significant economic impact on a
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). Because this rule proposes to approve pre-
existing requirements under state law and does not impose any
additional enforceable duty beyond that required by state law, it does
not contain any unfunded mandate or significantly or uniquely affect
small governments, as described in the Unfunded Mandates Reform Act of
1995 (Pub. L. 104-4).
    This proposed rule also does not have tribal implications because
it will not have a substantial direct effect on one or more Indian
tribes, on the relationship between the Federal Government and Indian
tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian tribes, as specified by Executive
Order 13175 (65 FR 67249, November 9, 2000). This action also does not
have Federalism implications because it does not have substantial
direct effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government, as specified
in Executive Order 13132 (64 FR 43255, August 10, 1999). This action
merely proposes to approve a state rule implementing a Federal
standard, and does not alter the relationship or the distribution of
power and responsibilities established in the Act. This proposed rule
also is not subject to Executive Order 13045 Protection of Children
from Environmental Health Risks and Safety Risks (62 FR 19885, April
23, 1997), because it is not economically significant.
    In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Act. Thus, the requirements of section
12(d) of the National Technology Transfer and Advancement Act of 1995
(15 U.S.C. 272 note) do not apply. This proposed rule does not impose
an information collection burden under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

List of Subjects in 40 CFR Part 52

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

    Dated: April 24, 2006.
Alan J. Steinberg,
Regional Administrator, Region 2.
[FR Doc. E6-6618 Filed 5-1-06; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 41 (Monday, March 3, 2014)]
[Proposed Rules]
[Pages 11722-11723]
[FR Doc No: 2014-04349]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0876; Directorate Identifier 2013-NE-27-AD]
RIN 2120-AA64

Airworthiness Directives; Rolls-Royce plc Turbofan Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Rolls-Royce plc (RR) RB211 Trent 768-60, 772-60, and 772B-60
turbofan engines. This proposed AD was prompted by an uncontained
multiple turbine blade failure on an RR RB211 Trent 772B turbofan
engine. This proposed AD would require modification of the engine by
removing an electronic engine control (EEC) incorporating EEC software
standard A14 or earlier and installing an EEC eligible for
installation. We are proposing this AD to prevent failure of the
intermediate pressure (IP) turbine disk drive arm or burst of the high
pressure turbine disk, which could lead to uncontained engine failure
and damage to the airplane.

DATES: We must receive comments on this proposed AD by May 2, 2014.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the instructions for sending your
comments electronically.
     Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
     Fax:<PHONE_NUMBER>.
    For service information identified in this proposed AD, contact
Rolls-Royce plc, Corporate Communications, P.O. Box 31, Derby, England,
DE248BJ; phone: 011-44-1332-242424; fax: 011-44-1332-249936; email:
http://www.rolls-royce.com/contact/civil_team.jsp; or Web site:
https://www.aeromanager.com. You may view this service information at
the FAA, Engine & Propeller Directorate, 12 New England Executive Park,
Burlington, MA. 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-2013-
0876; 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 mandatory continuing airworthiness
information (MCAI), the regulatory evaluation, any comments received,
and other information. The street address for the Docket Operations
office (phone:<PHONE_NUMBER>) is the same as the Mail address provided
in the ADDRESSES section. Comments will be available in the AD docket
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Anthony W. Cerra Jr., Aerospace
Engineer, Engine Certification Office, FAA, Engine & Propeller
Directorate, 12 New England Executive Park, Burlington, MA 01803;
phone:<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-2013-0876;
Directorate Identifier 2013-NE-27-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
with FAA personnel concerning this proposed AD. Using the search
function of the Web site, anyone can find and read the comments in any
of our dockets, including, if provided, the name of the individual who
sent the comment (or signed the comment on behalf of an association,
business, labor union, etc.). You may review the DOT's complete Privacy
Act Statement in the Federal Register published on April 11, 2000 (65
FR 19477-78).

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
AD 2013-0190, dated August 20, 2013 (referred to hereinafter as ``the
MCAI''), to correct an unsafe condition for the specified products. The
MCAI states:

    An operator of an A330 aeroplane fitted with RR Trent 772B
engines experienced an engine uncontained multiple turbine blade
failure. Investigation results showed that High Pressure/
Intermediate Pressure (HP/IP) oil vent tubes may be affected by
carbon deposit and may also be damaged by their outer heat shields,
which in this case led to combustion inside the tube. The consequent
chain of events resulted in an engine internal fire which caused the
failure of the IP Turbine (IPT) disc drive arm.
    This condition, if not corrected, could lead to uncontained
multiple turbine blade failures or an HP/IP turbine disc burst,
possibly resulting in damage to, and reduced control of, the
aeroplane.

You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating it in Docket No. FAA-
2013-0876.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of the
United Kingdom and is approved for operation in the United States.
Pursuant to our bilateral agreement with the European Community, EASA
has 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 provided by EASA and determined the unsafe
condition exists and is likely to exist or develop on other products of
the same type design. This proposed AD would require modification of
the engine by removing an EEC incorporating EEC software standard A14
or earlier and installing an EEC eligible for installation.

Costs of Compliance

    We estimate that this proposed AD would affect about 72 engines
installed on airplanes of U.S. registry. We also estimate that it would
take about 1 hour per product to comply with this proposed AD. The
average labor rate is $85 per hour. There are no required parts. Based
on these figures, we estimate the cost of the proposed AD on U.S.
operators to be $6,120.

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 to the extent
that it justifies making a regulatory distinction, 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.
    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

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 airworthiness
directive (AD):

Rolls-Royce plc: Docket No. FAA-2013-0876; Directorate Identifier
2013-NE-27-AD.

(a) Comments Due Date

    We must receive comments by May 2, 2014.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Rolls-Royce plc (RR) RB211 Trent 768-60,
772-60, and 772B-60 turbofan engines prior to engine serial number
42066.

(d) Reason

    This AD was prompted by an uncontained multiple turbine blade
failure on an RR RB211 Trent 772B turbofan engine. We are issuing
this AD to prevent failure of the intermediate pressure turbine disc
drive arm or burst of the high pressure turbine disk, which could
lead to uncontained engine failure and damage to the airplane.

(e) Actions and Compliance

    After the effective date of this AD, at the next engine shop
visit or by December 31, 2018, whichever occurs first, modify the
engine by removing any electronic engine control (EEC) that
incorporates EEC software standard A14 or earlier and installing an
EEC eligible for installation.

(f) Installation Prohibition

    After modification of an engine as required by paragraph (e) of
this AD, do not install an EEC with software standard A14 or earlier
into that engine.

(g) Definition

    (1) For the purposes of this AD, an ``engine shop visit'' is the
induction of an engine into the shop for maintenance involving the
separation of pairs of major mating engine flanges, except that the
separation of engine flanges solely for the purposes of
transportation without subsequent engine maintenance does not
constitute an engine shop visit.
    (2) For the purposes of this AD, an EEC ``eligible for
installation'' in paragraph (e) of this AD is any EEC that does not
contain software standard A14 or earlier.

(h) Credit for Previous Actions

    If before the effective date of this AD you removed from an
engine any EEC that had EEC software standard A14 or earlier and
your engine no longer has an EEC with software standard A14 or
earlier, you have met the requirements of this AD.

(i) Alternative Methods of Compliance (AMOCs)

    The Manager, Engine Certification Office, FAA, may approve AMOCs
to this AD. Use the procedures found in 14 CFR 39.19 to make your
request.

(j) Related Information

    (1) For more information about this AD, contact Anthony W.
Cerra, Jr., Aerospace Engineer, Engine Certification Office, FAA,
Engine & Propeller Directorate, 12 New England Executive Park,
Burlington, MA 01803; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (2) Refer to MCAI European Aviation Safety Agency AD 2013-0190,
dated August 20, 2013, for more information. You may examine the
MCAI in the AD docket on the Internet at http://www.regulations.gov
by searching for and locating it in Docket No. FAA-2013-0876.
    (3) RR Alert Service Bulletin No. RB.211-73-AG829, dated April
18, 2012, which is not incorporated by reference in this AD, can be
obtained from Rolls-Royce plc using the contact information in
paragraph (j)(4) of this AD.
    (4) For service information identified in this AD, contact
Rolls-Royce plc, Corporate Communications, P.O. Box 31, Derby,
England, DE248BJ; phone: 011-44-1332-242424; fax: 011-44-1332-
249936; email: http://www.rolls-royce.com/contact/civil_team.jsp;
or Web site: https://www.aeromanager.com.
    (5) You may view this service information at the FAA, Engine &
Propeller Directorate, 12 New England Executive Park, Burlington,
MA. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.

    Issued in Burlington, Massachusetts, on February 20, 2014.
Colleen M. D'Alessandro,
Assistant Directorate Manager, Engine & Propeller Directorate, Aircraft
Certification Service.
[FR Doc. 2014-04349 Filed 2-28-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: July 21, 2010 (Volume 75, Number 139)]
[Notices]
[Page 42458-42459]
[DOCID:fr21jy10-84]

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

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-1907-DR; Docket ID FEMA-2010-0002]

North Dakota; Amendment No. 4 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 North Dakota (FEMA-1907-DR), dated April 30, 2010, and
related determinations.

DATES: Effective Date: July 15, 2010.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Recovery Directorate,
Federal Emergency Management Agency, 500 C Street, SW., Washington, DC
20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that the incident
period for this disaster is closed effective July 15, 2010.

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.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2010-17766 Filed 7-20-10; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register: December 27, 2007 (Volume 72, Number 247)]
[Notices]
[Page 73397-73401]
[DOCID:fr27de07-109]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-56987; File No. SR-NYSEArca-2007-119]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Order Granting Accelerated Approval of Proposed Rule Change, as
Modified by Amendment No. 1 Thereto, To List and Trade the BearLinx\SM\
Alerian MLP Select Index ETN

December 18, 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 16, 2007, NYSE Arca, Inc. (``Exchange''), through its
wholly-owned subsidiary NYSE Arca Equities, Inc. (``NYSE Arca
Equities'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been substantially prepared by the Exchange.
On November 20, 2007, NYSE Arca filed Amendment No. 1 to the proposed
rule change. The Commission is publishing this notice to solicit
comments on the proposed rule change, as amended, from interested
persons and to approve the proposed rule change, as modified by
Amendment No. 1, on an accelerated basis.
---------------------------------------------------------------------------

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

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

    The Exchange, through its wholly-owned subsidiary NYSE Arca
Equities, proposes to list and trade the BearLinx\SM\ Alerian MLP
Select Index ETN (``Notes'') of Bear Stearns Companies Inc.
(``Company''), which are linked to the performance of the Alerian MLP
Select Index (``Index''), pursuant to NYSE Arca Equities Rule
5.2(j)(6). The text of the proposed rule change is available at http://www.nyse.com
, at the Exchange and at the Commission's Public Reference

Room.

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of, and basis for, the proposed rule change. The
text of these statements may be examined at the places specified in
Item III 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
    Under NYSE Arca Equities Rule 5.2(j)(6), the Exchange may approve
for listing and trading Equity Index-Linked Securities. The Exchange
proposes to list and trade the Notes, which are linked to the
performance of the Index, under NYSE Arca Equities Rule 5.2(j)(6). The
Index is published by Standard & Poor's, a division of The McGraw-Hill
Companies, Inc. (``Sponsor''), in consultation with Alerian Capital
Management LLC (``Alerian''). The Notes are currently listed and traded
on the New York Stock Exchange LLC (``NYSE'').\3\ Following Commission
approval of this proposed rule change, the Notes will list and trade on
the Exchange and will cease trading on NYSE.
---------------------------------------------------------------------------

    \3\ The Notes were originally listed on the NYSE under Rule
703.22 of the NYSE's Listed Company Manual (generic listing
standards for Equity Index-Linked Securities). See e-mail dated
December 14, 2007 from Tim J. Malinowski, Director, NYSE Euronext to
Mitra Mehr, Special Counsel, Division of Trading and Markets,
Commission (``NYSEArca E-mail'').
---------------------------------------------------------------------------

    The Exchange represents that the Notes meet each of the ``generic''
listing requirements of NYSE Arca Equities Rule 5.2(j)(6) applicable to
listing of Equity Index-Linked Securities, except for one requirement.
Specifically, the Index does not meet the requirement of NYSE Arca
Equities Rule 5.2(j)(6)(B)(I)(1)(b)(2)(ii), that each component
security have a trading volume in each of the last six months of not
less than one million shares per month. The rule provides an exception
for each of the lowest dollar weighted component securities in the
Index that in the aggregate account for no more than 10% of the dollar
weight of the Index; each of these component securities must have a
trading volume of at least 500,000 shares per month in each of the last
six months. According to the Exchange, one component security of the
Index had a trading volume of 416,447 shares in September 2007.\4\
---------------------------------------------------------------------------

    \4\ This component is among the lowest dollar weighted component
securities, requiring a trading volume of at least 500,000 shares
per month in each of the last six months as required by NYSE Arca
Equities Rule 5.2(j)(6)(B)(I)(b)(2)(ii). See NYSE Arca E-mail, supra
note 3.
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Description of the Notes

    The Notes are a series of medium-term debt of the Company that
provide for a cash payment at maturity or upon earlier exchange at the
holder's option, based on the performance of the Index subject to the
adjustments described below. The principal amount of each Note is
$38.8915 (``Principal Amount'').\5\ The Notes will trade on the NYSE
Arca Marketplace and the Exchange's existing equity trading rules will
apply to trading in the Notes. According to the Prospectus, the Notes
will not have a minimum principal amount that will be repaid and,
accordingly, payment on the Notes prior to or at maturity may be less
than the original issue price of the Notes. In fact, the value of the
Index must increase for the investor to receive at least the Principal
Amount per Note at maturity or upon exchange or redemption. The Notes
will have a term of 20 years. The calculation agent for the Notes will
be Bear Stearns & Co. Inc. The Notes may be redeemed in amounts of at
least 75,000 Notes subject to adjustment by the calculation agent.\6\
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    \5\ Free Writing Prospectus filed pursuant to Rule 433 under the
Securities Act of 1933, Registration No. 333-136666, dated July 20,
2007 (incorporating Pricing Supplement to Prospectus dated August
16, 2006 and Prospectus Supplement dated August 16, 2006)
(collectively referred to herein as the ``Prospectus'').
    \6\ For a detailed discussion of coupon payments, payment at
maturity, redemption, the discontinuance of and adjustments to the
Index, market disruption events, events of default and acceleration,
settlement and payment, the calculation agent, float adjustment,
Index rebalancing, the computation of the Index, historical data and
license agreement, see Prospectus, supra note 5.
---------------------------------------------------------------------------

Description of the Index

    The Sponsor maintains and calculates the Index in consultation with
Alerian, a registered investment adviser that manages portfolios
exclusively focused on midstream energy master limited partnerships
(``MLPs''). The Index value is a composite of energy MLPs and is
calculated by the Sponsor using a float-adjusted, market
capitalization-weighted methodology. The Index is disseminated at least
every 15 seconds on a price return basis from 9:30 a.m. to 4:00 p.m.
Eastern time by the Chicago Mercantile Exchange under the ticker symbol
``AMZS.'' Quotation and last-sale information for the Notes will be
widely disseminated pursuant to the CTA Plan.\7\
---------------------------------------------------------------------------

    \7\ See NYSE Arca E-mail, supra note 3.
---------------------------------------------------------------------------

    The Index began publishing on May 16, 2007. In addition, the
Sponsor has calculated over 11 years of historical index data on both a
price and total return basis based upon the application of the Index
methodology described herein. Alerian publishes relevant constituent
data points, such as total market capitalization and dividend yield, on
a daily basis. MLPs are added or removed by Alerian based on the
methodology described below. According to the Prospectus, as of June
21, 2007, shares of 25 of the Index Components are traded on the New
York Stock Exchange and shares of 12 of Index Components are traded on
The Nasdaq Stock Market. Alerian will announce changes to the Index on
its publicly available Web site, http://www.alerian.com.

Construction of the Index

    All of the following requirements must be met in order for a MLP to
be eligible for inclusion in the Index: \8\
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    \8\ These requirements are in addition to the relevant
``generic'' listing requirements of NYSE Arca Equities Rule
5.2(j)(6).
---------------------------------------------------------------------------

     The constituent security must be U.S.-based. The Index
uses several factors in determining a MLP's nationality including, but
not limited to, registration location, accounting principles used for
financial reporting, and location of headquarters.
     The constituent security must be an ``NMS stock'' as
defined in Rule 600 of Regulation NMS under the Act,\9\ and must be
listed on the NYSE, The American Stock Exchange LLC, or The NASDAQ
Stock Market LLC.
---------------------------------------------------------------------------

    \9\ See NYSE Arca E-mail.
---------------------------------------------------------------------------

     The constituent security must have at least six months of
trading history.
     The constituent security must be a publicly traded
partnership or limited liability company exempt from corporate taxation
as a result of the 1986 Tax Reform Act, and engaged in the
transportation, storage, processing, or production of energy
commodities.
     The constituent security must represent either the limited
or general partner interests, or both, of a partnership that is an
operating company, or common units of a limited liability company that
is an operating company. Closed-end funds, exchange-traded funds,
investment vehicles, and royalty or income trusts are not eligible for
inclusion.
    According to the Prospectus, going forward, additional market

capitalization, trading liquidity, and financial viability requirements
must also be satisfied. These requirements have not been applied
historically so as to eliminate any selection bias in the calculation
of the Index. The Index has been created to provide a comprehensive
benchmark for the historical performance of the energy MLP universe,
necessitating the objectivity and transparency of inclusion of all MLPs
engaged in energy-related businesses. All current Index Components will
remain in future Index calculations and will be exempt from additional
Index criteria, subject to review. New Index Components, however, in
addition to the requirements listed above, will also be subject to the
following conditions:
     Market capitalization. Each constituent security must have
a market capitalization of at least $500 million. This minimum
requirement is reviewed from time to time to ensure consistency with
market conditions.
     Public float. Each constituent security must have a public
float of at least 50% of the total outstanding units.
     Financial viability. Each constituent security must
maintain trailing twelve months distributable cash flow that exceeds
cash distributions paid to unit-holders, where distributable cash flow
is defined as GAAP net income excluding discontinued operations and
extraordinary items, plus non-cash charges such as depreciation and
amortization, and minus maintenance capital expenditures.\10\
---------------------------------------------------------------------------

    \10\ See NYSE Arca E-mail, supra note 3.
---------------------------------------------------------------------------

    Continued Index membership is not necessarily subject to these
guidelines. Alerian will announce changes to the Index on its publicly
available Web site, http://www.alerian.com.

Continued Listing Criteria

    The Exchange represents that the Notes will meet the Continued
Listing Standards for equity index-linked securities set forth in NYSE
Arca Equities Rule 5.2(j)(6)(B)(I)(2).\11\ The Exchange prohibits the
initial and/or continued listing of any security that is not in
compliance with Rule 10A-3 under the Act.\12\
---------------------------------------------------------------------------

    \11\ Id.
    \12\ 17 CFR 240.10A-3 (setting forth listing standards relating
to audit committees).
---------------------------------------------------------------------------

    The Exchange will commence delisting or removal proceedings (unless
the Commission has approved the continued trading of the Notes), under
any of the following circumstances:
     If the aggregate market value or the principal amount of
the Notes publicly held is less than $400,000;
     If the value of the Index is no longer calculated or
widely disseminated through one or more major market data vendors or
the Sponsor on at least a 15-second basis from 9:30 a.m. to 4:00 p.m.
Eastern time; or
     If such other event shall occur or condition exists which
in the opinion of the Exchange makes further dealings on the Exchange
inadvisable.

Trading Rules

    The Exchange deems the Notes to be equity securities, thus
rendering trading in the Notes subject to the Exchange's existing rules
governing the trading of equity securities. Notes will trade on the
NYSE Arca Marketplace from 4 a.m. to 8 p.m. Eastern time in accordance
with NYSE Arca Equities Rule 7.34 (Opening, Core and Late Trading
Sessions). The Exchange has appropriate rules to facilitate
transactions in the Notes during all trading sessions. The minimum
trading increment for Notes on the Exchange will be $0.01.
    With respect to trading halts, the Exchange may consider all
relevant factors in exercising its discretion to halt or suspend
trading in the Notes. Trading may be halted because of market
conditions or for reasons that, in the view of the Exchange, make
trading in the Notes inadvisable. These may include: (1) The extent to
which trading is not occurring in the securities underlying the Index;
or (2) whether other unusual conditions or circumstances detrimental to
the maintenance of a fair and orderly market are present. In addition,
trading in Notes could be halted pursuant to the Exchange's ``circuit
breaker'' rule \13\ or by the halt or suspension of trading of the
underlying securities. If the value of the underlying index is not
being disseminated as required, the Exchange may halt trading during
the day on which such interruption first occurs. If such interruption
persists past the trading day in which it occurred, the Exchange will
halt trading no later than the beginning of the trading day following
the interruption.\14\
---------------------------------------------------------------------------

    \13\ See NYSE Arca Equities Rule 7.12.
    \14\ See NYSE Arca E-mail.
---------------------------------------------------------------------------

Surveillance

    The Exchange intends to utilize its existing surveillance
procedures applicable to derivative products to monitor trading in the
Notes. The Exchange represents that these procedures are adequate to
properly monitor Exchange trading of the Notes in all trading sessions
and to deter and detect violations of Exchange rules. The Exchange's
current trading surveillance focuses on detecting securities trading
outside their normal patterns. When such situations are detected,
surveillance analysis follows and investigations are opened, where
appropriate, to review the behavior of all relevant parties for all
relevant trading violations.
    The Exchange may obtain information via the Intermarket
Surveillance Group (``ISG'') from other exchanges who are members or
affiliates of the ISG.\15\ In addition, the Exchange also has a general
policy prohibiting the distribution of material, non-public information
by its employees.
---------------------------------------------------------------------------

    \15\ For a list of the current members and affiliate members of
ISG, see http://www.isgportal.com.

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

Information Bulletin

    Prior to the commencement of trading, the Exchange will inform its
ETP Holders in an Information Bulletin of the special characteristics
and risks associated with trading the Notes. Specifically, the
Information Bulletin will discuss the following: (1) The procedures for
redemptions of Notes in amounts of 75,000 Notes or greater (and that
Notes are not individually redeemable); (2) NYSE Arca Equities Rule
9.2(a),\16\ which imposes a duty of due diligence on its ETP Holders to
learn the essential facts relating to every customer prior to trading
the Notes; (3) the requirement that ETP Holders deliver a prospectus to
investors purchasing newly issued Notes prior to or concurrently with
the confirmation of a transaction; and (4) trading information.
    The Information Bulletin will also discuss any exemptive, no-action
and interpretive relief granted by the Commission from any rules under
the Act.\17\
---------------------------------------------------------------------------

    \16\ NYSE Arca Equities Rule 9.2(a) provides that ETP Holders,
before recommending a transaction, must have reasonable grounds to
believe that the recommendation is suitable for the customer based
on any facts disclosed by the customer as to his other security
holdings and as to his financial situation and needs. Further, the
rule provides, with a limited exception, that prior to the execution
of a transaction recommended to a non-institutional customer, the
ETP Holders shall make reasonable efforts to obtain information
concerning the customer's financial status, tax status, investment
objectives, and any other information that they believe would be
useful to make a recommendation.
    \17\ The Exchange intends to rely on the guidance provided by
the Commission in a Letter dated July 27, 2006, from James A.
Brigagliano, Division of Market Regulation, to George H. White (
``Letter''), with respect to transactions in the Notes. The Exchange
understands that the Company has advised NYSE of its view that such
relief may be relied upon. The Letter provides certain relief with
respect to Regulation M, Section 11(d)(1) of the Act and Rule 11d1-2
under the Act.

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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with section 6(b) \18\ of the Act in general, and furthers the
objectives of section 6(b)(5) \19\ 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 facilitating transactions in
securities, and 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.
---------------------------------------------------------------------------

    \18\ 15 U.S.C. 78f(b).
    \19\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.

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

    The Exchange has neither solicited nor received written comments on
the proposed rule change.

III. Solicitation of Comments

    Interested persons are invited to submit written data, views and
arguments concerning the foregoing, including whether the proposed rule
change, as amended, 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 e-mail to<EMAIL_ADDRESS>Please include File

Number SR-NYSEArca-2007-119 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2007-119. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments,

all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room, 100 F Street,
NE., Washington, DC 20549, on official business days between the hours
of 10 a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSEArca-2007-119 and should
be submitted on or before January 17, 2008.

IV. Commission's Findings and Order Granting Accelerated Approval of
the Proposed Rule Change

    After careful consideration, the Commission finds that the proposed
rule change, as amended, is consistent with the requirements of the Act
and the rules and regulations thereunder applicable to a national
securities exchange.\20\ In particular, the Commission finds that the
proposed rule change is consistent with section 6(b)(5) of the Act,\21\
which requires that the rules of an exchange be designed, among other
things, to promote just and equitable principles of trade, 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. Although NYSE Arca Equities Rule 5.2(j)(6) permits the
Exchange to either originally list and trade equity index-linked
securities, the Notes do not meet the ``generic'' listing requirements
of NYSE Arca Rule 5.2(j)(6) (permitting listing in reliance upon Rule
19b-4(e) under the Act \22\) because the components of the Index
underlying the Fund do not meet the initial listing requirements of
NYSE Arca Equities Rule 5.2(j)(6)(B)(I)(1)(b)(ii). This section
requires that, upon the initial listing of any series of equity index-
linked securities, each component of the index on which the index-
linked security is based have a trading volume in each of the last six
months of not less than 1,000,000 shares per month. This section
provides an exception for each of the lowest dollar weighted component
securities in the index that in the aggregate account for no more than
10% of the dollar weight of the index for which the trading volume
shall be at least 500,000 shares per month in each of the last six
months. The Exchange represents that, in September 2007, one of the
lowest dollar weighted component securities in the index that is among
the component securities with lowest 10% of the dollar weight of the
index, had a trading volume 416,447 shares. Because such percentage
misses the minimum required threshold by approximately 83,553 shares,
the Notes cannot be listed and traded pursuant to Rule 19b-4(e) under
the Act via NYSE Arca Equities Rule 5.2(j)(6). The Commission believes,
however, that the listing and trading of the Notes, would be consistent
with the Act. The Commission notes that it has previously approved
exchange rules that contemplate the listing and trading of derivative
securities products based on indices that were composed of securities
that did not meet certain quantitative generic listing criteria by only
a slight margin.\23\
---------------------------------------------------------------------------

    \20\ In approving this rule change, the Commission notes that it
has considered the proposed rule's impact on efficiency,
competition, and capital formation. See 15 U.S.C. 78c(f).
    \21\ 15 U.S.C. 78f(b)(5).
    \22\ 17 CFR 240.19b-4(e).
    \23\ See Securities Exchange Act Release Nos. 55890 (June 8,
2007), 72 FR 33264 (June 15, 2007) (NYSEArca-2007-37) (approving the
listing and trading of shares of four funds of StateShares, Inc.
where the Underlying Index of each fund did not meet the requirement
of NYSE Arca's generic listing standards that component stocks
representing at least 90% of the weight of each Underlying Index
have a minimum monthly trading volume during each of the last six
months of at least 250,000 shares); 55699 (May 3, 2007), 72 FR 26435
(May 9, 2007) (SR-NYSEArca-2007-27) (approving the listing and
trading of shares of the iShares FTSE NAREIT Residential Index Fund
where the weighting of the five highest components of the underlying
index was marginally higher than that required by NYSE Arca's
generic listing standards); and 52826 (November 22, 2005), 70 FR
71874 (November 30, 2005) (SR-NYSEArca-2005-67) (approving the
listing and trading of shares of the iShares Dow Jones U.S. Energy
Sector Index Fund and the iShares Dow Jones U.S. Telecommunications
Sector Index Fund where the weightings of the most heavily weighted
component stock and the five highest components of the underlying
indexes, respectively, were higher than that required by NYSE Arca
Inc.'s relevant generic listing standards). See also Securities
Exchange Act Release No. 46306 (August 2, 2002), 67 FR 51916 (August
9, 2002) (SR-NYSE-2002-28) (approving the trading pursuant to
unlisted trading privileges of shares of Vanguard Total Stock Market
VIPERs, iShares Russell 2000 Index Funds, iShares Russell 2000 Value
Index Funds and iShares Russell 2000 Growth Funds, none of which met
the trading volume requirement of the generic listing criteria for
NYSE).

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

    The Commission further believes that the proposal is consistent
with section 11A(a)(1)(C)(iii) of the Act,\24\ which sets forth
Congress' finding that it is in the public interest and appropriate for
the protection of investors and the maintenance of fair and orderly
markets to assure the availability to brokers, dealers, and investors
of information with respect to quotations for and transactions in
securities. Quotation and last-sale information for the Notes will be
widely disseminated pursuant to the CTA Plan. Moreover, the Index value
will be calculated and disseminated at least every 15 seconds on a
price return basis from 9:30 a.m. to 4 p.m. Eastern time by the Chicago
Mercantile Exchange. In addition, Alerian will announce any changes to
the Index on its publicly available Web site. In sum, the Commission
believes that the proposal is reasonably designed to facilitate access
to and provide fair disclosure of information that could assist
investors in properly valuing the Notes.
---------------------------------------------------------------------------

    \24\ 15 U.S.C. 78k-1(a)(1)(C)(iii).
---------------------------------------------------------------------------

    The Commission finds that the Exchange's proposed rules and
procedures for trading of the Notes are consistent with the Act. The
Notes will trade as equity securities, thus rendering trading in the
Notes subject to the Exchange's existing rules governing the trading of
equity securities.
    In support of this proposal, the Exchange has made the following
representations:
    1. The Exchange would utilize its existing surveillance procedures
applicable to derivative products to monitor trading in the Notes.
These procedures are adequate to properly monitor Exchange trading of
the Notes in all trading sessions and to deter and detect violations of
Exchange rules. The Exchange may obtain information via the ISG from
other exchanges that are members or affiliates of the ISG.
    2. If the Index value applicable to a series of Notes is not being
calculated and disseminated as required, the Exchange may halt trading
during the day in which the interruption to the calculation or
dissemination of the Index value occurs. If the interruption to the
calculation and dissemination of the Index value persists past the
trading day in which it occurred, the Exchange would halt trading no
later than the beginning of the trading day following the interruption.
    3. Prior to the commencement of trading, the Exchange will inform
its ETP Holders in an Information Bulletin of the special
characteristics and risks associated with trading the Notes.
    This order is conditioned on the Exchange's adherence to the
foregoing representations.
    The Commission finds good cause for approving this proposal before
the thirtieth day after the publication of notice thereof in the
Federal Register. The Commission notes that it has previously approved
exchange rules that contemplate the listing and trading of derivative
securities products based on indices that were composed of stocks that
did not meet certain generic listing criteria by similar amounts.\25\
Although the Notes do not meet the initial ``generic'' listing
requirement of NYSE Arca Equities Rule 5.2(j)(6) and therefore cannot
be listed pursuant to Rule 19b-4(e) under the Act, the Commission
believes that the Notes are substantially similar to the other equity
index-linked securities trading on the Exchange and will otherwise
comply with all other ``generic'' listing requirements applicable to
Equity Index-Linked Securities under NYSE Arca Equities Rule
5.2(j)(6)(B)(I)(1).\26\ The listing and trading of the Notes do not
appear to present any new or significant regulatory concerns.
Therefore, the Commission believes that accelerating approval of this
proposal would allow the Notes to trade on the Exchange without undue
delay and should generate additional competition in the market for such
products.
---------------------------------------------------------------------------

    \25\ See supra note 23.
    \26\ Id.
---------------------------------------------------------------------------

V. Conclusion

    IT IS THEREFORE ORDERED, pursuant to section 19(b)(2) of the
Act,\27\ that the proposed rule change (SR-NYSEArca-2007-119) as
modified by Amendment No. 1 thereto, be and it hereby is, approved on
an accelerated basis.
---------------------------------------------------------------------------

    \27\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\28\
Florence E. Harmon,
Deputy Secretary.
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    \28\ 17 CFR 200.30-3(a)(12).
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 [FR Doc. E7-24990 Filed 12-26-07; 8:45 am]

BILLING CODE 8011-01-P


MEMORANDUM

SUBJECT:	Registration Approach for Fuel Producers Transitioning from Non-Food Grade Corn Oil to Distillers Corn Oil Feedstock

FROM:	Madison Le, Director, Fuels Compliance Center  -  Policy

DATE:	July 20, 2018 		   TO:	Docket for Renewable Fuel Standard Program: Grain Sorghum Oil Pathway Final Rule (EPA-HQ-OAR-2017-0655)

      As discussed in section IV of the preamble for the final rule titled Renewable Fuel Standard Program: Grain Sorghum Oil Pathway (hereafter "this rule"), EPA is amending the RFS regulations to add a new definition for "distillers corn oil." This new term, distillers corn oil, will replace the existing term, "non-food grade corn oil" in rows F and H of Table 1 to 40 CFR 80.1426. Fuel producers who are currently registered for pathways that include non-food grade corn oil as a feedstock will need to update their registration to include distillers corn oil feedstock through a company update in EPA's Central Data Exchange (CDX). This memo provides the process guidelines and other clarifying points on how a facility can update its registration to reflect this change. This update is required for producers to continue to generate RINs under this pathway after the effective date of this rule (which is 60 days from the date of publication in the Federal Register).               To implement this change, the EPA system will be updated to add a new feedstock code for "distillers corn oil" while also removing the code for "non-food grade corn oil." Therefore, the new code for "distillers corn oil" must be added to a party's updated registration in order for that party to be able to select the new feedstock code for RIN generation under this pathway. In advance of the effective date of this rule, EPA is requesting that companies ensure that their Responsible Corporate Officer (RCO) has an Electronic Signature Agreement (ESA) in place to be able to make timely company updates in CDX. Also, due to system safeguards that restrict one request per facility to be processed at a time, if a facility has a pending request in CDX, the RCO may have to withdraw the existing request in the queue and resubmit a new request to make this feedstock update to their facility registration. Upon the effective date, companies are expected to generate RINs using the new feedstock code for "distillers corn oil" instead of the existing code for "non-food grade corn oil." However, since EPA estimates about 200 facilities are currently registered to use non-food grade corn oil as a feedstock, and registration updates for all of these facilities have to be processed in a short period of time, we will allow an additional 60 days from the effective date of this rule for these registration updates. During this transitional period, feedstock codes for both "non-food grade corn oil" and "distillers corn oil" will be available in EMTS in order to ensure a facility continues to have the ability to generate RINs if its new registration update has not yet been processed by the effective date of this rule. However, for those facilities generating RINs after the effective date of this rule using the "non-food grade corn oil" feedstock code, the company will need to correct these events by reporting a "Transactional Error" to the updated "distillers corn oil" feedstock code. This will help ensure proper recordkeeping and accounting of RINs generated under the new "distillers corn oil" feedstock code. Although fuel producers will need to remove the non-food grade corn oil feedstock from their registration after "distillers corn oil" is added, EPA advises that these two updates be done in sequential order to ensure producers continue to have the ability to generate RINs under at least one of the feedstock codes during this transitional period. Producers may opt to add the registration update to remove the non-food grade corn oil at the next earliest opportunity to update their registration, or at their 3-year facility registration update.

      EPA determined that updating registrations was necessary to avoid implementation difficulties that would arise from continuing to administer registrations with obsolete terms (i.e., non-food grade corn oil), and to maintain historical EMTS data quality for RINs generated in the past for fuel from non-food grade corn oil. We believe the approach described above will minimize impacts on RFS registration systems and fuel producers.              In making this decision, we also considered past practice, including that a similar approach was taken when the July 2014 Pathways II rule (79 FR 42128) changed the names of the fuels and feedstocks for the biogas pathways currently listed in rows Q and T of Table 1 to 40 CFR 80.1426.


[Federal Register Volume 83, Number 203 (Friday, October 19, 2018)]
[Notices]
[Pages 53149-53150]
[FR Doc No: 2018-22836]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0480]

Commercial Driver's License Standards: Application for Exemption;
CRST Expedited

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

ACTION: Notice of final disposition; grant of application for
exemption.

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SUMMARY: FMCSA announces its decision to renew CRST Expedited (CRST)
exemption from the regulation that requires a commercial learner's
permit (CLP) holder to be accompanied by a commercial driver's license
(CDL) holder with the proper CDL class and endorsements, seated in the
front seat of the vehicle while the CLP holder performs behind-the-
wheel training on public roads or highways. Under the terms and
conditions of this exemption, a CLP holder who has documentation of
passing the CDL skills test may drive a commercial motor vehicle (CMV)
for CRST without being accompanied by a CDL holder in the front seat of
the vehicle. The exemption enables CLP holders to drive as part of a
team with the same regulatory flexibility as CRST team drivers with
CDLs. FMCSA has analyzed the exemption application and the public
comments and has determined that the exemption, subject to the terms
and conditions imposed, will achieve a level of safety that is
equivalent to, or greater than, the level that would be achieved absent
such exemption.

DATES: This exemption is effective September 23, 2018 and expires
September 24, 2023.

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]. If
you have questions on viewing or submitting material to the docket,
contact Docket Services, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to www.regulations.gov and insert
the docket number, FMCSA-2015-0480, in the ``Keyword'' box and click
``Search.'' Next, click the ``Open Docket Folder'' button and choose
the document to review. If you do not have access to the internet, you
may view the docket online by visiting the Docket Management Facility
in Room W12-140 on the ground floor of the DOT West Building, 1200 New
Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m.,
e.t., Monday through Friday, except Federal holidays.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) to grant
exemptions from certain Federal Motor Carrier Safety Regulations
(FMCSRs). 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 also 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. The notice must also specify the effective period (up to 5
years) and explain the terms and conditions of the exemption. The
exemption may be renewed (49 CFR 381.300(b)).

III. Request for Exemption

    CRST's initial exemption application from the provisions of 49 CFR
383.25(a)(1) was submitted in 2015; a copy is in the docket identified
at the beginning of this notice. The 2015 application described fully
the nature of the CRST's operations and CMV drivers. The exemption was
originally granted on September 23, 2016 (81 FR 65696) for a two-year
period. CRST now requests a renewal of the exemption.
    The current exemption excuses CRST from the requirement that a
driver accompanying a CLP holder must be physically present at all
times in the front seat of a CMV, on the condition that the CLP holder
has successfully passed an approved CDL skills test. CRST's 2015
application argued that the existing requirement is inefficient and
unproductive, as the company must incur added expense to send the
driver

to his or her home State to collect a CDL document. Under the rule, the
driver is not only unable to utilize newly acquired driving skills, but
must also forego compensation before obtaining a CDL. CRST believes
that FMCSA should renew the exemption for an additional 5-year period
because it results in safer drivers. It allows CRST to foster a more
productive and efficient training environment by allowing CLP holders
to hone their recently acquired driving skills through on-the job-
training and to begin earning an income right away, producing immediate
benefits for the driver, the carrier, and the economy as a whole.

Method To Ensure an Equivalent or Greater Level of Safety

    CRST states that the exemption does not negatively affect safety
outcomes. Instead, the exemption allows drivers trained out-of-State to
obtain on-the-job experience in CRST's comprehensive training program
while avoiding significant delays and skill degradation. The exemption
creates immediate economic and safety benefits for both the CLP holders
and CRST--drivers earn an income as part of a team operation while
improving their driver skills and gaining valuable experience.
    CRST indicated in its renewal application that data show that
drivers utilizing the exemption demonstrated better safety outcomes
than non-exempt drivers. Through the end of 2017, CRST reported zero
accidents to FMCSA involving drivers utilizing the exemption.
    In the June 12, 2017, Federal Register, FMCSA granted the renewal
of a similar exemption from 49 CFR 383.25(a)(1) to C.R. England, Inc.
(C.R. England) for a five-year period. Under the terms and conditions
of that exemption, a CLP holder who has documentation of passing the
CDL skills test may drive a CMV for C.R. England without being
accompanied by a CDL holder in the front seat. The Agency believed that
C.R. England's request for exemption would achieve a level of safety
that is equivalent to, or greater than, the level of safety achieved
without the exemption (82 FR 26975).

Public Comments

    On August 9, 2018, FMCSA published notice of this application and
requested public comment (83 FR 39495). The Agency received eight
comments. Seven individuals posted comments in opposition to renewal of
the exemption. For example, Mr. Jarrod Hough wrote, ``Why would FMCSA
even consider this? The roads and traffic is bad enough already. Permit
holders don't have the experience to operate a commercial vehicle by
themselves without the trainer sitting upfront and in the passenger
seat. That is what a trainer is for, to teach and give guidance to the
student. Not to be in the sleeper berth while the student is left
alone.'' Mr. Joe Ammons supported the exemption if CRST was required to
meet certain conditions, such as showing the exemption was not
continued beyond a reasonable period of time before dispatching a
permitted driver to his/her home State to complete the licensing
process.

FMCSA Response and Decision

    FMCSA has evaluated CRST's application for exemption and the public
comments. The Agency believes that CRST's overall safety performance,
as reflected in its ``satisfactory'' safety rating, will enable it to
achieve a level of safety that is equivalent to, or greater than, the
level of safety achieved without the exemption (49 CFR 381.305(a)). The
exemption is restricted to CRST's CLP holders who have documentation
that they have passed the CDL skills test. The exemption will enable
these drivers to operate a CMV as a team driver without requiring the
accompanying CDL holder be on duty and in the front seat while the
vehicle is moving. Because these drivers have already met all the
requirements for a CDL, but have yet to pick up the CDL document from
their State of domicile, their safety performance is expected to be the
same as any other newly-credentialed CDL holder.

Terms and Conditions of the Exemption

Period of the Exemption

    This exemption from the requirements of 49 CFR 383.25(a)(1) is
effective during the period of September 23, 2018 through September 24,
2023.

Extent of the Exemption

    The exemption is contingent upon CRST maintaining USDOT
registration, minimum levels of public liability insurance, and not
being subject to any ``imminent hazard'' or other out-of- service (OOS)
order issued by FMCSA. Each driver covered by the exemption must
maintain a valid driver's license and CLP with the required
endorsements, not be subject to any OOS order or suspension of driving
privileges, and meet all physical qualifications required by 49 CFR
part 391.
    This exemption from 49 CFR 383.25(a)(1) will allow CRST drivers who
hold a CLP and have successfully passed a CDL skills test, to drive a
CMV without a CDL holder being present in the front seat of the
vehicle. The CDL holder must remain in the vehicle at all times while
the CLP holder is driving--just not in the front seat.

Preemption

    During the period this exemption is in effect, no State may enforce
any law or regulation that conflicts with or is inconsistent with the
exemption with respect to a person or entity operating under the
exemption (49 U.S.C. 31315(d)).

FMCSA Accident Notification

    CRST must notify FMCSA within 5 business days of any accidents (as
defined by 49 CFR 390.5) involving the operation of any of its CMVs
while utilizing this exemption. The notification must be by email to
[email protected], and include the following information:
    a. Exemption Identifier: ``CRST''
    b. Date of the accident,
    c. City or town, and State, in which the accident occurred, or
which is closest to the scene of the accident,
    d. Driver's name and driver's license number,
    e. Vehicle number and State license number,
    f. Number of individuals suffering physical injury,
    g. Number of fatalities,
    h. The police-reported cause of the accident,
    i. Whether the driver was cited for violation of any traffic laws,
or motor carrier safety regulations, and
    j. The total driving time and the total on-duty time of the CMV
driver at the time of the accident.

Termination

    The FMCSA does not believe the CLP-holders covered by the exemption
will experience any deterioration of their safety record. However,
should this occur, FMCSA will take all steps necessary to protect the
public interest, including revocation of the exemption. The FMCSA will
immediately revoke the exemption for failure to comply with its terms
and conditions.

    Issued on: October 12, 2018.
Raymond P. Martinez,
Administrator.
[FR Doc. 2018-22836 Filed 10-18-18; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register Volume 80, Number 236 (Wednesday, December 9, 2015)]
[Notices]
[Page 76601]
[FR Doc No: 2015-30866]

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SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

Upon Written Request Copies Available From: Securities and Exchange
Commission, Office of Investor Education and Advocacy, Washington, DC
20549-0213.

Extension: Rules 6a-1 and 6a-2, Form 1.
    SEC File No. 270-0017, OMB Control No. 3235-0017.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.) (``PRA''), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the existing
collection of information provided for in Rule 6a-1 (17 CFR 240.6-1),
Rule 6-2 (17 CFR 240.6-2), and Form 1 (17 CFR 249.1) under the
Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) (``Exchange
Act'' or Act''). The Commission plans to submit this existing
collection of information to the Office of Management and Budget
(``OMB'') for extension and approval.
    The Exchange Act sets forth a regulatory scheme for national
securities exchanges. Rule 6-1 under the Act generally requires an
applicant for initial registration as a national securities exchange to
file an application with the Commission on Form 1. An exchange that
seeks an exemption from registration based on limited trading volume
also must apply for such exemption on Form 1. Rule 6-2 under the Act
requires registered and exempt exchanges: (1) To amend the Form 1 if
there are any material changes to the information provided in the
initial Form 1; and (2) to submit periodic updates of certain
information provided in the initial Form 1, whether such information
has changed or not. The information required pursuant to Rules 6-1 and
6-2 is necessary to enable the Commission to maintain accurate files
regarding the exchange and to exercise its statutory oversight
functions. Without the information submitted pursuant to Rule 6-1 on
Form 1, the Commission would not be able to determine whether the
respondent has met the criteria for registration (or an exemption from
registration) set forth in Section 6 of the Exchange Act. The
amendments and periodic updates of information submitted pursuant to
Rule 6-2 are necessary to assist the Commission in determining whether
a national securities exchange or exempt exchange is continuing to
operate in compliance with the Exchange Act.
    Initial filings on Form 1 by new exchanges are made on a one-time
basis. The Commission estimates that it will receive approximately one
initial Form 1 filing per year and that each respondent would incur an
average burden of 880 hours to file an initial Form 1 at an average
internal labor cost per response of approximately $302,694. Therefore,
the Commission estimates that the annual burden for all respondents to
file the initial Form 1 would be 880 hours (one response/respondent x
one respondents x 880 hours/response) and an internal cost of
compliance of $302,694 (one response/respondent x one respondents x
$302,694/response).
    There currently are 18 entities registered as national securities
exchanges. The Commission estimates that each registered or exempt
exchange files nine amendments or periodic updates to Form 1 per year,
incurring an average burden of 25 hours to comply with Rule 6-2. The
SEC estimates that the average internal labor cost for a national
securities exchange per response would be approximately $9,445. The
Commission estimates that the annual burden for all respondents to file
amendments and periodic updates to the Form 1 pursuant to Rule 6-2 is
4,050 hours (18 respondents x 25 hours/response x nine responses/
respondent per year) and an internal cost of compliance of $1,530,090
(18 respondents x $9,445/response x nine responses/respondent per
year).
    Written comments are invited on: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the Commission, including whether the information
shall have practical utility; (b) the accuracy of the Commission's
estimate of the burden of the proposed collection of information; (c)
ways to enhance the quality, utility, and clarity of the information to
be collected; and (d) ways to minimize the burden of the collection of
information on respondents, including through the use of automated
collection techniques or other forms of information technology.
Consideration will be given to comments and suggestions submitted in
writing within 60 days of this publication.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information under the PRA unless it
displays a currently valid OMB control number.
    Please direct your written comments to: Pamela Dyson, Director/
Chief Information Officer, Securities and Exchange Commission, c/o Remi
Pavlik-Simon, 100 F Street NE., Washington, DC 20549, or send an email
to<EMAIL_ADDRESS>
     Dated: December 2, 2015.
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-30866 Filed 12-8-15; 8:45 am]
BILLING CODE 8011-01-P


55925 Federal Register / Vol. 68, No. 188 / Monday, September 29, 2003 / Proposed Rules have substantial direct effects on tribal governments, on the relationship between the Federal government and Indian tribes, or on the distribution of power and responsibilities between the Federal government and Indian tribes. Thus, Executive Order 13175 does not apply to this rule. EPA specifically solicits additional comment on this proposed rule from tribal officials.

G. Executive Order 13045, Protection of Children From Environmental Health Risks and Safety Risks Protection of Children from Environmental Health Risks and Safety Risks ( 62 FR 19885, April 23, 1997), applies to any rule that: ( 1) Is determined to be `` economically significant'' as defined under Executive Order 12866, and ( 2) concerns an environmental health or safety risk that EPA has reason to believe may have a disproportionate effect on children. If the regulatory action meets both criteria, the Agency must evaluate the environmental health or safety effects of the planned rule on children, and explain why the planned regulation is preferable to other potentially effective and reasonably feasible alternatives considered by the Agency. This rule is not subject to Executive Order 13045 because it does not involve decisions intended to mitigate environmental health or safety risks.

H. Executive Order 13211, Actions That Significantly Affect Energy Supply, Distribution, or Use This rule is not subject to Executive Order 13211, `` Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use'' ( 66 FR 28355, May 22, 2001) because it is not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act Section 12 of the National Technology Transfer and Advancement Act ( NTTAA) of 1995 requires Federal agencies to evaluate existing technical standards when developing a new regulation. To comply with NTTAA, EPA must consider and use `` voluntary consensus standards'' ( VCS) if available and applicable when developing programs and policies unless doing so would be inconsistent with applicable law or otherwise impractical. The EPA believes that VCS are inapplicable to this action. Today's action does not require the public to perform activities conducive to the use of VCS. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Intergovernmental regulations, Ozone, Particulate matter, Reporting and recordkeeping requirements.

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

Dated: September 4, 2003. Wayne Nastri, Regional Administrator, Region 9. [ FR Doc. 03   24557 Filed 9   26   03; 8: 45 am]

BILLING CODE 6560   50   P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 432 [ FRL   7565   2]

RIN 2040   AD56 Extension of Comment Period on the Notice of Data Availability for the Effluent Limitations Guidelines and New Source Performance Standards for the Meat and Poultry Products Point Source Category AGENCY: Environmental Protection Agency ( EPA). ACTION: Extension of comment period.

SUMMARY: On August 13, 2003, EPA published a Notice of Data Availability for the proposed effluent limitations guidelines and standards for the meat and poultry products ( MPP) point source category ( 68 FR 48472). The notice presented a summary of new data and described how EPA might use the data to develop final MPP regulations. This action extends the comment period for the Notice of Data Availability to October 14, 2003. DATES: Comments on the Notice of Data Availability will be accepted through October 14, 2003. Comments provided electronically will be considered timely if they are submitted by 11: 59 p. m. Eastern Time on October 14, 2003. ADDRESSES: Public comments regarding this document should be mailed to Water Docket, U. S. Environmental Protection Agency, Mailcode 4101T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460, Attention Docket ID No. OW   2002   0014, or submitted electronically at http:// www. epa. gov/ edocket. FOR FURTHER INFORMATION CONTACT: For additional information, contact Ms. Samantha Lewis at ( 202) 566   1058 or at the following e mail address: lewis. samantha@ epa. gov or Ms. Shari Barash at ( 202) 566   0996 or at the following e mail address: barash. shari@ epa. gov. SUPPLEMENTARY INFORMATION: In February 2002, EPA proposed effluent limitations guidelines and standards for wastewater discharges from meat and poultry processing facilities ( 67 FR 8582, February 25, 2002). The proposed regulation included revised effluent standards for wastewater discharges associated with the operation of new and existing meat processing and independent rendering facilities, and also proposed new effluent limitations for poultry slaughtering and poultry further processing facilities. In the proposal, EPA specifically solicited comment on 20 issues. EPA received comments on these and other issues from various stakeholders, including State and local regulatory authorities, environmental groups, individual industrial facilities and industry groups, and private citizens. On August 13, 2003, EPA published a Notice of Data Availability for the proposed rule ( 68 FR 48472). The Notice of Data Availability presented a summary of data received in comments and additional data collected by EPA along with descriptions of how the data may be used by EPA in developing final regulations. The comment period for the Notice of Data Availability was originally scheduled to end on September 29, 2003. This action extends the comment period to October 14, 2003. To submit comments, or access the official public docket, please follow the detailed instructions as provided in Unit C of the SUPPLEMENTARY INFORMATION section of the August 13, 2003 Federal Register notice. If you have questions, consult the person listed under the FOR FURTHER INFORMATION CONTACT section of this notice.

Dated: September 23, 2003.

G. Tracy Mehan, III,

Assistant Administrator, Office of Water. [ FR Doc. 03   24770 Filed 9   26   03; 8: 45 am]

BILLING CODE 6560   50   P VerDate jul< 14> 2003 17: 30 Sep 26, 2003 Jkt 200001 PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 E:\ FR\ FM\ 29SEP1. SGM 29SEP1