[Federal Register: June 29, 2010 (Volume 75, Number 124)]
[Notices]
[Page 37510-37515]
[DOCID:fr29jn10-113]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62349; File No. SR-NYSEArca-2010-51]

Self-Regulatory Organizations; Notice of Filing of Proposed Rule
Change by NYSE Arca, Inc. Relating to Listing and Trading of WisdomTree
Dreyfus Commodity Currency Fund Under NYSE Arca Equities Rule 8.600

June 22, 2010.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on June 10, 2010, NYSE Arca, Inc. (the ``Exchange'' or
``NYSE Arca'') filed with the

Securities and Exchange Commission (the ``Commission'') the proposed
rule change as described in Items I, II, and III below, which Items
have been prepared by the self-regulatory organization. The Commission
is publishing this notice to solicit comments on the proposed rule
change from interested persons.
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    \1\ 15 U.S.C.78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to list and trade shares of the following
fund of the WisdomTree Trust (``Trust'') under NYSE Arca Equities Rule
8.600: WisdomTree Dreyfus Commodity Currency Fund (``Fund''). The text
of the proposed rule change is available at the Exchange, the
Commission's Public Reference Room, and on the Exchange's Web site at
http://www.nyse.com.

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

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

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

1. Purpose
    The Exchange proposes to list and trade the Shares of the Fund
under NYSE Arca Equities Rule 8.600, which governs the listing and
trading of ``Managed Fund Shares'' on the Exchange.\4\ The Fund will be
an actively managed exchange traded fund. The Shares will be offered by
the Trust, which was established as a Delaware statutory trust on
December 15, 2005. The Trust is registered with the Commission as an
investment company.\5\
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    \4\ The Commission approved NYSE Arca Equities Rule 8.600 and
the listing and trading of certain funds of the PowerShares Actively
Managed Funds Trust on the Exchange pursuant to Rule 8.600 in
Securities Exchange Act Release No. 57619 (April 4, 2008) 73 FR
19544 (April 10, 2008) (SR-NYSEArca-2008-25). The Commission also
previously approved listing and trading on the Exchange of actively
managed funds under Rule 8.600. See, e.g., Securities Exchange Act
Release Nos. 57801 (May 8, 2008), 73 FR 27878 (May 14, 2008) (SR-
NYSEArca-2008-31) (order approving Exchange listing and trading of
twelve actively-managed funds of the WisdomTree Trust); 58564
(September 17, 2008), -- [sic] 73 FR 55194 (September 24, 2008) (SR-
NYSEArca-2008-86) (order approving Exchange listing and trading of
WisdomTree Dreyfus Emerging Currency Fund); 60975 (November 10,
2009), 74 FR 59590 (November 18, 2009) (SR-NYSEArca-2009-83) (order
approving listing of Grail American Beacon International Equity
ETF); 60981 (November 10, 2009), 74 FR 59594 (November 18, 2009)
(SR-NYSEArca-2009-79) (order approving listing of five fixed income
funds of the PIMCO ETF Trust).
    \5\ See Post-Effective Amendment No. 32 to Registration
Statement on Form N-1A for the Trust, dated March 19, 2010 (File
Nos. 333-132380 and 811-21864), as supplemented on June 8, 2010 (the
``Registration Statement''). The descriptions of the Fund and the
Shares contained herein are based on information in the Registration
Statement.
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Description of the Shares and the Fund
    WisdomTree Asset Management, Inc. (``WisdomTree Asset Management'')
is the investment adviser (``Adviser'') to the Fund.\6\ WisdomTree
Asset Management is not affiliated with any broker-dealer. The Dreyfus
Corporation (``Dreyfus'') serves as sub-adviser (``Sub-Adviser'') for
the Fund. The Bank of New York is the administrator, custodian and
transfer agent for the Trust. ALPS Distributors, Inc. serves as the
distributor for the Trust.\7\
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    \6\ WisdomTree Investments, Inc. (``WisdomTree Investments'') is
the parent company of WisdomTree Asset Management.
    \7\ The Commission has issued an order granting certain
exemptive relief to the Trust under the Investment Company Act of
1940 (15 U.S.C. 80a-1) (``1940 Act''). See Investment Company Act
Release No. 28174 (February 27, 2008) (File No. 812-13470). In
compliance with Commentary .05 to NYSE Arca Equities Rule 8.600,
which applies to Managed Fund Shares based on an international or
global portfolio, the Trust's application for exemptive relief under
the 1940 Act states that the Fund will comply with the federal
securities laws in accepting securities for deposits and satisfying
redemptions with redemption securities, including that the
securities accepted for deposits and the securities used to satisfy
redemption requests are sold in transactions that would be exempt
from registration under the Securities Act of 1933 (15 U.S.C. 77a).
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    Commentary .06 \8\ to Rule 8.600 provides that, if the investment
adviser to the Investment Company issuing Managed Fund Shares is
affiliated with a broker-dealer, such investment adviser shall erect a
``fire wall'' between the investment adviser and the broker-dealer with
respect to access to information concerning the composition and/or
changes to such Investment Company portfolio.\9\ In addition,
Commentary .06 further requires that personnel who make decisions on
the open-end fund's portfolio composition must be subject to procedures
designed to prevent the use and dissemination of material nonpublic
information regarding the open-end fund's portfolio. Commentary .06 to
Rule 8.600 is similar to Commentary .03(a)(i) and (iii) to NYSE Arca
Equities Rule 5.2(j)(3); however, Commentary .06 in connection with the
establishment of a ``fire wall'' between the investment adviser and the
broker-dealer reflects the applicable open-end fund's portfolio, not an
underlying benchmark index, as is the case with index-based funds.
Dreyfus is affiliated with multiple broker-dealers and has implemented
a ``fire wall'' with respect to such broker-dealers regarding access to
information concerning the composition and/or changes to the Fund's
portfolio.\10\
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    \8\ See June 17, 2010 e-mail from Michael Cavalier, Exchange, to
Joseph Morra, Commission (correcting references from Commentary .07
of Rule 8.600 to Commentary .06 of Rule 8.600).
    \9\ An investment adviser to an open-end fund is required to be
registered under the Investment Advisers Act of 1940 (the ``Advisers
Act''). As a result, the Adviser and Sub-adviser are subject to the
provisions of Rule 204A-1 under the Advisers Act relating to codes
of ethics. This Rule requires investment advisers to adopt a code of
ethics that reflects the fiduciary nature of the relationship to
clients as well as compliance with other applicable securities laws.
Accordingly, procedures designed to prevent the communication and
misuse of non-public information by an investment adviser must be
consistent with Rule 204A-1 under the Advisers Act.
    \10\ The Exchange represents that the Adviser and Sub-Adviser,
and their related personnel, are subject to Investment Advisers Act
Rule 204A-1. This Rule specifically requires the adoption of a code
of ethics by an investment adviser to include, at a minimum: (i)
Standards of business conduct that reflect the firm's/personnel
fiduciary obligations; (ii) provisions requiring supervised persons
to comply with applicable federal securities laws; (iii) provisions
that require all access persons to report, and the firm to review,
their personal securities transactions and holdings periodically as
specifically set forth in Rule 204A-1; (iv) provisions requiring
supervised persons to report any violations of the code of ethics
promptly to the chief compliance officer (``CCO'') or, provided the
CCO also receives reports of all violations, to other persons
designated in the code of ethics; and (v) provisions requiring the
investment adviser to provide each of the supervised persons with a
copy of the code of ethics with an acknowledgement by said
supervised persons. In addition, Rule 206(4)-7 under the Advisers
Act makes it unlawful for an investment adviser to provide
investment advice to clients unless such investment adviser has (i)
Adopted and implemented written policies and procedures reasonably
designed to prevent violation, by the investment adviser and its
supervised persons, of the Advisers Act and the Commission rules
adopted thereunder; (ii) implemented, at a minimum, an annual review
regarding the adequacy of the policies and procedures established
pursuant to subparagraph (i) above and the effectiveness of their
implementation; and (iii) designated an individual (who is a
supervised person) responsible for administering the policies and
procedures adopted under subparagraph (i) above.
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WisdomTree Commodity Currency Fund
    The WisdomTree Dreyfus Commodity Currency Fund (the ``Fund'') seeks
to achieve total returns reflective of money market rates in selected
commodity-producing countries and changes to the

value of such countries' currencies relative to the U.S. dollar.
    The term ``commodity currency'' generally is used to describe the
currency of a country whose economic success is commonly identified
with the production and export of commodities (such as precious metals,
oil, agricultural products or other raw materials) and whose value is
closely linked to the value of such commodities. As the demand for, or
price of, such commodities increases money tends to flow into the
country. Conversely, declines in the demand for, or value of, such
commodities historically have contributed to declines in the relative
value of these countries' currencies.
    The Fund is designed to provide exposure to both the currencies and
money market rates available to foreign investors in selected
commodity-producing countries. The Fund intends to invest in commodity-
producing countries such as Australia, Brazil, Canada, Chile,
Indonesia, Mexico, New Zealand, Norway, Russia and South Africa. In
addition to seeking broad exposure across countries and currencies, the
Fund intends to seek exposure across currencies correlated to each of
the key commodity groups: industrial metals, precious metals, energy,
agriculture and livestock. The Fund generally will invest only in
currencies that ``float'' relative to other currencies. The value of a
floating currency is largely determined by supply and demand and
prevailing market rates. In contrast, the value of a ``fixed'' currency
generally is set by a government or central bank at an official
exchange rate. The Fund generally does not intend to invest in the
currencies of notable commodity producers, such as China, Saudi Arabia
and the United Arab Emirates, since they are fixed or otherwise closely
linked to the U.S. dollar. The Fund will only invest in currencies that
it deems to be sufficiently liquid and accessible.\11\
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    \11\ The Fund may pursue its objectives through direct
investments in money market instruments issued by entities in the
applicable foreign country and denominated in the applicable non-
U.S. currency when WisdomTree Asset Management believes it is in the
best interest of the Fund to do so. The decision to secure exposure
directly or indirectly will be a function of, among other things,
market accessibility, credit exposure, and tax ramifications for
foreign investors. If the Fund pursues direct investment, eligible
investments include short-term securities issued by the applicable
foreign government and its agencies or instrumentalities, bank debt
obligations and time deposits, bankers' acceptances, commercial
paper, and short-term, high-quality corporate debt obligations
designed to provide exposure to the applicable non-U.S. currency and
money market rates, and U.S. dollar money market instruments.
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    The Fund intends to achieve exposure to selected commodity-
producing countries available to U.S. investors by investing primarily
in short-term U.S. money market securities and forward currency
contracts and swaps. The combination of money market securities with
forward currency contracts and currency swaps is designed to create a
position economically similar to a money market instrument denominated
in a non-U.S. currency. A forward currency contract is an agreement to
buy or sell a specific currency at a future date at a price set at the
time of the contract. A currency swap is an agreement between two
parties to exchange one currency for another at a future rate.
    In order to reduce interest rate risk, the Fund generally expects
to maintain an average portfolio maturity of 90 days or less. The
``average portfolio maturity'' of the Fund is the average of all the
current maturities of the individual securities in the Fund's
portfolio. All money market securities acquired by the Fund will be
rated in the upper two short-term ratings by at least two nationally
recognized statistical rating organizations (``NRSROs'') or, if
unrated, deemed by the Adviser to be of equivalent quality.
    As a matter of general policy, the Fund will invest, under normal
circumstances, at least 80% of its net assets, plus the amount of any
borrowings for investment purposes, in investments that are tied
economically to selected commodity-producing countries available to
U.S. investors that make a significant contribution to the global
export of commodities. If, subsequent to an investment, the 80%
requirement is no longer met, the Fund's future investments will be
made in a manner that will bring the Fund into compliance with this
policy.
    According to the Registration Statement, the Fund is considered to
be ``non-diversified'' and is not limited by the 1940 Act with regard
to the percentage of assets that may be invested in the securities of a
single issuer. As a result, the Fund may invest more of its assets in
the securities of a single issuer or a smaller number of issuers than
if it were classified as a diversified fund. The Fund will maintain the
level of diversification necessary to qualify as a regulated investment
company (``RIC'') under Subchapter M of the Code. The Subchapter M
diversification tests generally require that (i) a Fund invest no more
than 25% of its total assets in securities (other than securities of
the U.S. government or other RICs) of any one issuer or two or more
issuers that are controlled by a Fund and that are engaged in the same,
similar or related trades or businesses, and (ii) at least 50% of a
Fund's total assets consist of cash and cash items, U.S. government
securities, securities of other RICs and other securities, with
investments in such other securities limited in respect of any one
issuer to an amount not greater than 5% of the value of the Fund's
total assets and 10% of the outstanding voting securities of such
issuer. These tax requirements are generally applied at the end of each
quarter of a Fund's taxable year.
    In addition to satisfying the above referenced RIC diversification
requirements, no portfolio security held by a Fund (other than U.S.
government securities and non-U.S. government securities) will
represent more than 30% of the weight of a Fund and the five highest
weighted portfolio securities of a Fund (other than U.S. government
securities and/or non-U.S. government securities) will not in the
aggregate account for more than 65% of the weight of a Fund. For these
purposes, a Fund may treat repurchase agreements collateralized by U.S.
government securities or non-U.S. government securities as U.S. or non-
U.S. government securities, as applicable.
    All U.S. money market securities acquired by the Fund will be rated
in the upper two short-term ratings by at least two NRSROs or, if
unrated, deemed to be of equivalent quality. The Fund may purchase
short-term obligations issued or guaranteed by the U.S. Treasury or the
agencies or instrumentalities of the U.S. government.
    The Fund may invest in short-term securities issued or guaranteed
by non-U.S. governments, agencies and instrumentalities; and deposits
and other obligations of U.S. and non-U.S. banks and financial
institutions. Deposits and obligations of banks and financial
institutions include certificates of deposit, time deposits, and
bankers' acceptances. The Fund may purchase floating rate and
adjustable rate obligations, such as demand notes, bonds, and
commercial paper; and mortgage-backed and asset-backed securities.
    The Fund may engage in foreign currency transactions and may invest
directly in foreign currencies in the form of bank and financial
institution deposits, certificates of deposit, and bankers acceptances
denominated in a specified non-U.S. currency and may enter into foreign
currency exchange transactions. The Fund will conduct its foreign
currency exchange transactions

either on a spot (i.e., cash) basis at the spot rate prevailing in the
foreign currency exchange market, or by entering into forward currency
contracts to purchase or sell foreign currencies or forward currency
swaps to exchange cash flows based on the notional difference among two
or more currencies.
    The Fund may enter into swap agreements, including interest rate
swaps and currency swaps; may buy or sell put and call options on
foreign currencies either on exchanges or in the over-the-counter
market; may use futures contracts and related options: (i) To attempt
to gain exposure to foreign currencies, and (ii) to attempt to gain
exposure to a particular market, instrument or index; may use swap
agreements; may enter into repurchase agreements with counterparties
that are deemed to present acceptable credit risks; may enter into
reverse repurchase agreements, which involve the sale of securities
held by a [sic] Fund subject to its agreement to repurchase the
securities at an agreed upon date or upon demand and at a price
reflecting a market rate of interest; and may invest in the securities
of other investment companies (including money market funds). Each
[sic] Fund may use derivative instruments as part of its investment
strategies, as described in the Registration Statement.
    The Fund may invest up to an aggregate amount of 10% of its net
assets in illiquid securities. Illiquid securities include securities
subject to contractual or other restrictions on resale and other
instruments that lack readily available markets.
    The Fund may invest in very short-term money market securities
denominated in various foreign currencies and/or investments designed
to provide exposure to such currencies and money market rates. Such
currencies include the Australian dollar; Brazilian Real; Canadian
Dollar; Chilean Peso; Chinese Yuan; Indian Rupee; Indonesian Rupiah;
Japanese Yen; Mexican Peso; New Zealand Dollar; Norwegian Kroner;
Russian Ruble; South African Rand. In addition, the Funds may invest
assets in a market or markets considered to be ``emerging'' or
``developing'' or in securities that provide exposure to such
market(s).\12\
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    \12\ Data for these currencies is included in the Bank for
International Settlements Triennial Central Bank Survey, December
2007 (``BIS Survey''). The Fund will invest in instruments that
provide exposure to currencies selected from the top 42 currencies
in the chart included in the BIS Survey (``Currency distribution of
foreign exchange turnover''), reflecting the percentage share of
average daily turnover for the applicable month and year.
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    The Fund will not invest in non-U.S. equity securities.
The Shares
    The Fund issues and redeems Shares on a continuous basis at net
asset value (``NAV'') \13\ only in large blocks of shares (``Creation
Units'') in transactions with authorized participants. Currently,
Creation Units generally consist of 50,000 shares, though this may
change from time to time. Creation Units are not expected to consist of
less than 25,000 shares. The Fund generally issues and redeems Creation
Units in exchange for a portfolio of money market securities closely
approximating the holdings of a [sic] Fund or a designated basket of
non-U.S. currency and/or an amount of U.S. cash. Once created, Shares
of the Funds [sic] trade on the secondary market in amounts less than a
Creation Unit. For more information regarding the Shares and the Fund,
including investment strategies, risks, creation and redemption
procedures, fees, portfolio holdings disclosure policies, distributions
and taxes, see the Registration Statement.
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    \13\ The NAV of the Fund's shares generally is calculated once
daily Monday through Friday as of the close of regular trading on
the New York Stock Exchange, generally 4:00 p.m. Eastern time (the
``NAV Calculation Time''). NAV per share is calculated by dividing a
Fund's net assets by the number of Fund shares outstanding. For more
information regarding the valuation of Fund investments in
calculating a Fund's NAV, see the Registration Statement.
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Availability of Information
    The Fund's Web site (http://www.wisdomtree.com), which will be
publicly available prior to the public offering of Shares, will include
a form of the Prospectus for the Fund that may be downloaded. The Web
site will include additional quantitative information updated on a
daily basis, including, for the Fund: (1) The prior business day's
reported NAV, mid-point of the bid/ask spread at the time of
calculation of such NAV (the ``Bid/Ask Price''),\14\ and a calculation
of the premium and discount of the Bid/Ask Price against the NAV; and
(2) data in chart format displaying the frequency distribution of
discounts and premiums of the daily Bid/Ask Price against the NAV,
within appropriate ranges, for each of the four previous calendar
quarters. On each business day, before commencement of trading in
Shares in the Core Trading Session \15\ on the Exchange, the Trust will
disclose on its Web site the identities and quantities of the portfolio
of securities and other assets (the ``Disclosed Portfolio'') held by
the Fund that will form the basis for the Fund's calculation of NAV at
the end of the business day.\16\ The Web site and information will be
publicly available at no charge.
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    \14\ The Bid/Ask Price of a Fund is determined using the
midpoint of the highest bid and the lowest offer on the Exchange as
of the time of calculation of such Fund's NAV. The records relating
to Bid/Ask Prices will be retained by the Fund and its service
providers.
    \15\ The Core Trading Session is 9:30 a.m. to 4 p.m. Eastern
time.
    \16\ Under accounting procedures followed by the Fund, trades
made on the prior business day (``T'') will be booked and reflected
in NAV on the current business day (``T+1''). Notwithstanding the
foregoing, portfolio trades that are executed prior to the opening
of the Exchange on any business day may be booked and reflected in
NAV on such business day. Accordingly, the Fund will be able to
disclose at the beginning of the business day the portfolio that
will form the basis for the NAV calculation at the end of the
business day.
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    In addition, for the Fund, an estimated value, defined in Rule
8.600 as the ``Portfolio Indicative Value,'' that reflects an estimated
intraday value of the Fund's portfolio, will be disseminated. The
Portfolio Indicative Value will be based upon the current value for the
components of the Disclosed Portfolio and will be updated and
disseminated by one or more major market data vendors at least every 15
seconds during the Core Trading Session on the Exchange. The
dissemination of the Portfolio Indicative Value, together with the
Disclosed Portfolio, will allow investors to determine the value of the
underlying portfolio of the Fund on a daily basis and to provide a
close estimate of that value throughout the trading day.
    Information regarding market price and volume of the Shares is and
will be continually available on a real-time basis throughout the day
on brokers' computer screens and other electronic services. The
previous day's closing price and trading volume information will be
published daily in the financial section of newspapers. Quotation and
last sale information for the Shares will be available via the
Consolidated Tape Association high-speed line.
Initial and Continued Listing
    The Shares will be subject to Rule 8.600(d), which sets forth the
initial and continued listing criteria applicable to Managed Fund
Shares. The Exchange represents that, for initial and/or continued
listing, the Shares must be in compliance with Rule 10A-3 \17\ under
the Exchange Act, as provided by NYSE Arca Equities Rule 5.3. A minimum
of 100,000 Shares will be outstanding at the commencement of trading on
the Exchange. The Exchange will obtain a

representation from the issuer of the Shares that the net asset value
per share for the Fund will be calculated daily and that the net asset
value and the Disclosed Portfolio will be made available to all market
participants at the same time.
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    \17\ See 17 CFR 240.10A-3.
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Trading Halts
    With respect to trading halts, the Exchange may consider all
relevant factors in exercising its discretion to halt or suspend
trading in the Shares of a Fund. Shares of the Fund will be halted if
the ``circuit breaker'' parameters in NYSE Arca Equities Rule 7.12 are
reached. Trading may be halted because of market conditions or for
reasons that, in the view of the Exchange, make trading in the Shares
inadvisable. These may include: (1) The extent to which trading is not
occurring in the securities comprising the Disclosed Portfolio and/or
the financial instruments of a Fund; or (2) whether other unusual
conditions or circumstances detrimental to the maintenance of a fair
and orderly market are present. Trading in the Shares will be subject
to Rule 8.600(d)(2)(D), which sets forth circumstances under which
Shares of a Fund may be halted.
Trading Rules
    The Exchange deems the Shares to be equity securities, thus
rendering trading in the Shares subject to the Exchange's existing
rules governing the trading of equity securities. Shares 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 Shares during all trading sessions. The minimum
trading increment for Shares on the Exchange will be $0.01.
Surveillance
    The Exchange intends to utilize its existing surveillance
procedures applicable to derivative products (which includes Managed
Fund Shares) to monitor trading in the Shares. The Exchange represents
that these procedures are adequate to properly monitor Exchange trading
of the Shares in all trading sessions and to deter and detect
violations of Exchange rules and applicable federal securities laws.
    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 of
the ISG.\18\
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    \18\ For a list of the current members and affiliate members of
ISG, see http://www.isgportal.org. The Exchange notes that not all
of the components of the Disclosed Portfolio for the Fund may trade
on exchanges that are members of the ISG or with which the Exchange
has in place a comprehensive surveillance sharing agreement.
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    In addition, the Exchange also has a general policy prohibiting the
distribution of material, non-public information by its employees.
Information Bulletin
    Prior to the commencement of trading, the Exchange will inform its
ETP Holders in an Information Bulletin (``Bulletin'') of the special
characteristics and risks associated with trading the Shares.
Specifically, the Bulletin will discuss the following: (1) The
procedures for purchases and redemptions of Shares in Creation Unit
aggregations (and that Shares are not individually redeemable); (2)
NYSE Arca Equities Rule 9.2(a), which imposes a duty of due diligence
on its ETP Holders to learn the essential facts relating to every
customer prior to trading the Shares; (3) the risks involved in trading
the Shares during the Opening and Late Trading Sessions when an updated
Portfolio Indicative Value will not be calculated or publicly
disseminated; (4) how information regarding the Portfolio Indicative
Value is disseminated; (5) the requirement that ETP Holders deliver a
prospectus to investors purchasing newly issued Shares prior to or
concurrently with the confirmation of a transaction; and (6) trading
information.
    In addition, the Bulletin will reference that the Fund is subject
to various fees and expenses described in the Registration Statement.
The Bulletin will discuss any exemptive, no-action, and interpretive
relief granted by the Commission from any rules under the Exchange Act.
The Bulletin will also disclose that the NAV for the Shares will be
calculated after 4:00 p.m. Eastern time each trading day.
2. Statutory Basis
    The basis under the Exchange Act for this proposed rule change is
the requirement under Section 6(b)(5) \19\ that an exchange have rules
that are designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to remove
impediments to, and perfect the mechanism of a free and open market
and, in general, to protect investors and the public interest. The
Exchange believes that the proposed rule change will facilitate the
listing and trading of an additional type of exchange-traded product
that will enhance competition among market participants, to the benefit
of investors and the marketplace. In addition, the listing and trading
criteria set forth in Rule 8.600 are intended to protect investors and
the public interest.
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    \19\ 15 U.S.C. 78f(b)(5).
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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 Other

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

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

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2010-51 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary,

Securities and Exchange Commission, 100 F Street, NE., Washington, DC
20549-1090.

All submissions should refer to File Number SR-NYSEArca-2010-51. 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 Web site
viewing and printing 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 NYSE
Arca. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
publicly available. All submissions should refer to File Number SR-
NYSEArca-2010-51 and should be submitted on or before July 20, 2010.
    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\20\
---------------------------------------------------------------------------

    \20\ 17 CFR 200.30-3(a)(12).

Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-15750 Filed 6-28-10; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 224 (Wednesday, November 20, 2013)]
[Proposed Rules]
[Pages 69597-69600]
[FR Doc No: 2013-27837]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0967; Directorate Identifier 2013-CE-042-AD]
RIN 2120-AA64

Airworthiness Directives; Piaggio Aero Industries S.p.A Airplanes

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

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for
Piaggio Aero Industries S.p.A Model P-180 airplanes that would
supersede an existing AD. This proposed AD results from mandatory
continuing airworthiness information (MCAI)

originated by an aviation authority of another country to identify and
correct an unsafe condition on an aviation product. The MCAI describes
the unsafe condition as cases of un-commanded operation of switched off
nose-wheel steering system caused by internal leakage of a steering
select/bypass valve, which could lead to loss of directional control on
ground during take-off or landing, possibly resulting in a runway
excursion. We are issuing this proposed AD to require actions to
address the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by January 6, 2014.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Piaggio Aero Industries S.p.A-Airworthiness Office, Via Luigi Cibrario,
4-16154 Genova-Italy; phone: +39<PHONE_NUMBER>; fax: +39<PHONE_NUMBER>;
email<EMAIL_ADDRESS>Internet: http://www.piaggioaero.com/#/en/aftersales/service-support. You may review
copies of the referenced service information at the FAA, Small Airplane
Directorate, 901 Locust, Kansas City, Missouri 64106. For information
on the availability of this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating it in Docket No. FAA-
2013-0967; or in person at the Docket Management Facility between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this proposed AD, the regulatory evaluation, any
comments received, and other information. The street address for the
Docket Office (telephone<PHONE_NUMBER>) is in the ADDRESSES section.
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Mike Kiesov, Aerospace Engineer, FAA,
Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2013-0967;
Directorate Identifier 2013-CE-042-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    On December 30, 2009, we issued AD 2009-21-08 R1, Amendment 39-
16169 (75 FR 904, January 7, 2010). That AD required actions intended
to address an unsafe condition on the products listed above.
    Since we issued AD 2009-21-08 R1, Amendment 39-16169 (75 FR 904,
January 7, 2010), the manufacturer has developed a modification that
will terminate the required repetitive functional tests required in AD
2009-21-08 R1.
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued AD
No. 2013-0242R1, dated October 9, 2013 (referred to after this as ``the
MCAI''), to correct an unsafe condition for the specified products. The
MCAI states:

    Cases of un-commanded operation of switched off nose-wheel
steering system were reported. Internal leakage of a Steering
Select/Bypass Valve, installed in the nose landing gear (NLG)
Steering Manifold, was identified as a failure cause.
    This condition, if not detected and corrected, could lead to
loss of directional control on ground during take-off or landing,
possibly resulting in a runway excursion.
    To address this unsafe condition, EASA issued AD 2009-0129 to
require repetitive functional checks of the Steering Manifold to
verify internal leakage proofness and accomplishment of the
functional check upon installation of a replacement Steering
Manifold on an aeroplane.
    Since that AD was issued, PAI issued Service Bulletin (SB) 80-
0249 at revision 3, providing improved testing procedures.
    For the reasons described above, this AD retains the
requirements of EASA AD 2009-0129, which is superseded, but requires
accomplishment of the functional checks in accordance with the
improved procedures and additionally, before release to service of
an aeroplane after installation of a replacement NLG. This AD also
introduces an optional modification, which constitutes terminating
action for the repetitive functional checks required by this AD.
    This AD is revised to introduce a relieving compliance time for
aeroplanes earlier inspected in accordance with EASA AD 2009-0129.

You may examine the MCAI on the Internet at http://www.regulations.gov
by searching for and locating it in Docket No. FAA-2013-0967.

Relevant Service Information

    PIAGGIO AERO INDUSTRIES S.p.A has issued Mandatory Service Bulletin
N. 80-0249, Rev. 3, dated July 22, 2013; Recommended Service Bulletin
N. 80-0285, and Recommended Service Bulletin N. 80-0286, Rev. 1, both
dated September 30, 2013. The actions described in this service
information are intended to correct the unsafe condition identified in
the MCAI.

FAA's Determination and Requirements of the Proposed AD

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

Costs of Compliance

    We estimate that this proposed AD will affect 112 products of U.S.
registry. We also estimate that it would take about 2 work-hours per
product to comply with the basic functional test requirements of this
proposed AD. The average labor rate is $85 per work-hour.
    Based on these figures, we estimate the cost of the proposed AD on
U.S. operators to be $19,040, or $170 per product.
    In addition, we estimate the following cost to do the proposed
optional modification to terminate the proposed required repetitive
functional tests. For Model P-180 Avanti airplanes, it would take about
40 work-hours and require

parts costing $2,000, for a cost of $5,400 per product. For Model P-180
Avanti II airplanes, it would take about 40 work-hours and require
parts costing $4,000, for a cost of $7,400 per product. We have no way
of determining the number of operators that may choose this optional
action.

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 proposed regulation is
within the scope of that authority because it addresses an unsafe
condition that is likely to exist or develop on products identified in
this rulemaking action.

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing Amendment 39-16169 (75 FR
904, January 7, 2010), and adding the following new AD:

PIAGGIO AERO INDUSTRIES S.p.A: Docket No. FAA-2013-0967; Directorate
Identifier 2013-CE-042-AD.

(a) Comments Due Date

    We must receive comments by January 6, 2014.

(b) Affected ADs

    This AD supersedes AD 2009-21-08 R1, Amendment 39-16169 (75 FR
904, January 7, 2010).

(c) Applicability

    This AD applies to PIAGGIO AERO INDUSTRIES S.p.A Model P-180
airplanes, serial numbers 1004 through 1218, certificated in any
category.

(d) Subject

    Air Transport Association of America (ATA) Code 32: Landing
Gear.

(e) Reason

    This AD was prompted by mandatory continuing airworthiness
information (MCAI) originated by an aviation authority of another
country to identify and correct an unsafe condition on an aviation
product. The MCAI describes the unsafe condition as cases of un-
commanded operation of switched off nose-wheel steering system
caused by internal leakage of a steering select/bypass valve. We are
issuing this AD to prevent loss of directional control on ground
during take-off or landing, which could result in a runway
excursion.

 (f) Actions and Compliance

    Unless already done, do the actions required in paragraphs
(f)(1) through (f)(5) of this AD, including all subparagraphs:
    (1) At whichever of the compliance times specified in paragraphs
(f)(1)(i) and (f)(1)(ii) of this AD that occurs first and
repetitively thereafter at intervals not to exceed 165 hours TIS, do
a functional test of the nose landing gear (NLG) steering manifold
following Part A2 of the ACCOMPLISHMENT INSTRUCTIONS in PIAGGIO AERO
INDUSTRIES S.p.A. Service Bulletin (Mandatory) N. 80-0249, Rev. 3,
dated July 22, 2013 (includes CONFIRMATION SLIP).
    (i) Within the next 165 hours time-in-service (TIS) after the
effective date of this AD or within the next 6 months after the
effective date of this AD, whichever occurs first; or
    (ii) Within the next 165 hours TIS after the last inspection
done in compliance with AD 2009-21-08 R1, Amendment 39-16169 (75 FR
904, January 7, 2010).
    (2) Within the next 220 hours TIS or the next 6 months after the
effective date of this AD, whichever occurs first, and repetitively
thereafter at intervals not to exceed 660 TIS or 12 months,
whichever occurs first, do a functional test of the nose landing
gear (NLG) steering manifold following Part A1 of the ACCOMPLISHMENT
INSTRUCTIONS in PIAGGIO AERO INDUSTRIES S.p.A. Service Bulletin
(Mandatory) N. 80-0249, Rev. 3, dated July 22, 2013 (includes
CONFIRMATION SLIP).
    (3) If, during any functional test required in paragraphs (f)(1)
and (f)(2) of this AD, any NLG steering actuator movement
discrepancy is detected, before further flight, replace the NLG
steering manifold with a serviceable part as specified in Part A1
and Part A2 of the ACCOMPLISHMENT INSTRUCTIONS in PIAGGIO AERO
INDUSTRIES S.p.A. Service Bulletin (Mandatory) N. 80-0249, Rev. 3,
dated July 22, 2013 (includes CONFIRMATION SLIP).
    (4) As of the effective date of this AD, installation of a
replacement NLG steering manifold or a replacement NLG is allowed,
provided that, before release to service, the NLG steering manifold
passes a functional test following Part A1 of the ACCOMPLISHMENT
INSTRUCTIONS in PIAGGIO AERO INDUSTRIES S.p.A. Service Bulletin
(Mandatory) N. 80-0249, Rev. 3, dated July 22, 2013.
    (5) To terminate the repetitive functional tests required in
paragraphs (f)(1) and (f)(2) of this AD, at any time after the
initial functional test required in paragraphs (f)(1) and (f)(2) of
this AD, you may modify the electrical configuration of the steering
system following the ACCOMPLISHMENT INSTRUCTIONS in PIAGGIO AERO
INDUSTRIES S.p.A. Service Bulletin (Recommended) N. 80-0285, dated
September 20, 2013 (includes CONFIRMATION SLIP), or the
ACCOMPLISHMENT INSTRUCTIONS in PIAGGIO AERO INDUSTRIES S.p.A.
Service Bulletin (Recommended) N. 80-0286, Rev. 1, dated September
20, 2013, as applicable.

(g) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Office, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. Send
information to ATTN: Mike Kiesov, Aerospace Engineer, FAA, Small
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (i) Before using any approved AMOC on any airplane to which the
AMOC applies, notify your appropriate principal inspector (PI) in
the FAA Flight Standards District Office (FSDO), or lacking a PI,
your local FSDO.
    (ii) AMOCs approved for AD 2009-21-08 R1 (75 FR 904, January 7,
2010) are not approved for AMOCs for this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from

a manufacturer or other source, use these actions if they are FAA-
approved. Corrective actions are considered FAA-approved if they are
approved by the State of Design Authority (or their delegated
agent). You are required to assure the product is airworthy before
it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, a federal agency may not conduct or sponsor, and a person
is not required to respond to, nor shall a person be subject to a
penalty for failure to comply with a collection of information
subject to the requirements of the Paperwork Reduction Act unless
that collection of information displays a current valid OMB Control
Number. The OMB Control Number for this information collection is
2120-0056. Public reporting for this collection of information is
estimated to be approximately 5 minutes per response, including the
time for reviewing instructions, completing, and reviewing the
collection of information. All responses to this collection of
information are mandatory. Comments concerning the accuracy of this
burden and suggestions for reducing the burden should be directed to
the FAA at: 800 Independence Ave. SW., Washington, DC 20591, Attn:
Information Collection Clearance Officer, AES-200.

(h) Related Information

    Refer to European Aviation Safety Agency (EASA) AD No. 2013-
0242R1, dated October 9, 2013, for related information. You may
examine the MCAI on the Internet at http://www.regulations.gov by
searching for and locating it in Docket No. FAA-2013-0967. For
service information related to this AD, contact Piaggio Aero
Industries S.p.A-Airworthiness Office, Via Luigi Cibrario, 4-16154
Genova-Italy; phone: +39<PHONE_NUMBER>; fax: +39<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>Internet: http://www.piaggioaero.com/#/en/aftersales/service-support. You may review copies of the
referenced service information at the FAA, Small Airplane
Directorate, 901 Locust, Kansas City, Missouri 64106. For
information on the availability of this material at the FAA, call
(816) 329-4148.

    Issued in Kansas City, Missouri, on November 5, 2013.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2013-27837 Filed 11-19-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: November 8, 2007 (Volume 72, Number 216)]
[Notices]
[Page 63224]
[DOCID:fr08no07-84]

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

DEPARTMENT OF TRANSPORATION

Federal Aviation Administration

Agency Information Collection Activity Seeking OMB Approval

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice.

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

SUMMARY: The FAA invites public comments about our intention to request
the Office of Management and Budget's (OMB) revision of a current
information collection. The Federal Register Notice with a 60-day
comment period soliciting comments on the following collection of
information was published on August 15, 2007, Vol. 72, No. 157, page
45863. This report is necessary to establish qualifications of
eligibility to receive voluntary psychological training with the U.S.
Air Force and will be used as proper evidence of training.

DATES: Please submit comments by December 10, 2007.

FOR FURTHER INFORMATION CONTACT: Carla Mauney at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Federal Aviation Administration (FAA)

    Title: Physiological Training.
    Type of Request: Extension of a currently approved collection.
    OMB Control Number: 2120-0101.
    Forms(s): There are no FAA forms associated with this collection.
    Affected Public: An estimated 5,500 Respondents.
    Frequency: This information is collected on occasion.
    Estimated Average Burden Per Response: Approximately 8 minutes per
response.
    Estimated Annual Burden Hours: An estimated 733 hours annually.
    Abstract: This report is necessary to establish qualifications of
eligibility to receive voluntary psychological training with the U.S.
Air Force and will be used as proper evidence of training. The
information is collected from pilots and crewmembers for application to
receive voluntary training.

ADDRESSES: Interested persons are invited to submit written comments on
the proposed information collection to the Office of Information and
Regulatory Affairs, Office of Management and Budget. Comments should be
addressed to Nathan Lesser, Desk Officer, Department of Transportation/
FAA, and sent via electronic mail to<EMAIL_ADDRESS>or
faxed to<PHONE_NUMBER>.
    Comments are invited on: Whether the proposed collection of
information is necessary for the proper performance of the functions of
the Department, including whether the information will have practical
utility; the accuracy of the Department's estimates of the burden of
the proposed information collection; ways to enhance the quality,
utility, and clarity of the information to be collected; and ways to
minimize the burden of the collection of information on respondents,
including the use of automated collection techniques or other forms of
information technology.

    Issued in Washington, DC, on November 2, 2007.
Carla Mauney,
FAA Information Collection Clearance Officer, IT Enterprises Business
Services Division, AES-200.
[FR Doc. 07-5573 Filed 11-7-07; 8:45 am]

BILLING CODE 4910-13-M


EPA REGISTRATION DIVISION COMPANY NOTICE OF FILING FOR PESTICIDE PETITIONS PUBLISHED IN THE FEDERAL REGISTER

EPA Registration Division contact: [P.V. Shah,<PHONE_NUMBER>]

INSTRUCTIONS:  Please utilize this outline in preparing the pesticide petition.  In cases where the outline element does not apply, please insert "NA-Remove" and maintain the outline. Please do not change the margins, font, or format in your pesticide petition. Simply replace the instructions that appear in green, i.e., "[insert company name]," with the information specific to your action.

TEMPLATE:

 Baker Petrolite LLC

IN-10889

EPA has received a pesticide petition ([N-10889) from Baker Petrolite LLC, (12645 West Airport Boulevard, Sugar Land, TX 77478) proposing, pursuant to section 408(d) of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a(d), to amend 40 CFR part 180.910, 40 CFR part 180.920, 40 CFR part 180.930, 40 CFR part 180.940(a), and 40 CFR part 180.960 to establish an exemption from the requirement of a tolerance for Alcohols, C>14, ethoxylated with CAS Number 251553-55-6 in or on growing crops or to the raw agricultural commodity and to animals.  EPA has determined that the petition contains data or information regarding the elements set forth in section 408 (d)(2) of  FDDCA; however, EPA has not fully evaluated the sufficiency of the submitted data at this time or whether the data supports granting of the petition. Additional data may be needed before EPA rules on the petition.

A. Residue Chemistry

	1. Plant metabolism. [Not applicable/Not required for the establishment of a tolerance exemption for inert ingredients.]

	2. Analytical method. [Not applicable/Not required for the establishment of a tolerance exemption for inert ingredients.]

	3. Magnitude of residues. [There is no specific crop residue information available for AAA and this information is typically neither available nor required for the establishment of a tolerance exemption for inert ingredients.]

B. Toxicological Profile

1. Acute toxicity.  [Human exposure from the use of AAAs as pesticide inert ingredients will primarily occur via the oral route through the consumption of food or drinking water. As a class AAA surfactants are not volatile. Thus, post-application inhalation exposure is unlikely. The AAAs show low to moderate acute toxicity by the oral route of exposure and the limited data available for dermal exposure also indicate low to moderate toxicity, especially for the diluted formulations. Irritation has been reported in animal laboratory studies. The AAAs did not cause skin sensitization when they were tested as diluted formulations. The acute oral LD50 values for rats range from 600 mg/kg to 10,000 mg/kg (HERA 2007). Talmage (1994) reported LD50 values ranging from 544 mg/kg to > 25,000 mg/kg. Undiluted AAA compounds can be moderate to severe irritants to the skin; diluted products are not of concern and not expected to be irritating to the skin.]

 2. Genotoxicty. [AAAs were not genotoxic or mutagenic in bacterial or mammalian in vitro cell systems (HERA 2007). Neither IARC, NTP nor OSHA listed AAA surfactants as a carcinogen.]
3. Reproductive and developmental toxicity. [Two AAA literature reviews (HERA 2007, Talmage 1994) show that reproductive/developmental studies with oral exposure for C14-15EO7 with relatively low toxicity reported NOELs of 250 mg/kg/day for reproduction and 50 mg/kg/day for maternal toxicity. A dermal exposure reproductive study with C9-11EO6 also reported a low toxicity NOAEL of 250 mg/kg/day for both reproductive and systemic toxicity.
OECD 421 Reproduction/Developmental Toxicity Screening Test of Secondary Alcohol Ethoxylate (CAS RN 84133-50-6) shows the reproductive/developmental NOEL is greater than 470 mg/kg/day as no effects on mating and fertility as well as on Fl generation up to day 4 post partum were observed at the highest dosage tested.
OECD 422 Oral (Gavage) Combined Repeated Dose Toxicity Study with a Reproduction/Developmental Toxicity Screening Test of CAS RN 9004-98-2 shows the NOEL for reproduction and developmental toxicity was 242 mg/kg/day, the highest dose tested.
OECD 4220ra1 (Gavage) Combined Repeated Dose Toxicity Study with a Reproduction/Developmental Toxicity Screening Test of CAS RN 103818-93-5 shows the NOEL for reproduction and developmental toxicity was 300 mg/kg/day, the highest dosage level tested.]

4. Subchronic toxicity. [Based on the Federal Register Notice (August 9, 2006, Volume 71, Number 153, pages 45415-45424), the Agency stated that the preferred test for repeat-dose toxicity is the "Combined Repeated Dose Toxicity Study with the Reproduction/Developmental Toxicity Screening Test (OECD Test Guideline 422)." AAAs (CAS RN 9004-98-2, and CAS RN 103818-93-5) have been tested in repeat dose studies (OECD 422 Combined Repeated Dose Toxicity Study with a Reproduction/Developmental Toxicity Screening Test) and an OECD 421 Oral (Gavage) Reproduction/Developmental Toxicity Screening Test of Secondary Alcohol Ethoxylate was conducted with CAS RN 84133-50-6. The paternal and maternal NOAEL for CAS RN 84133-50-6 was 60 mg/kg/day. The paternal and maternal NOAEL for CAS RN 9004-98-2 was 110 mg/kg/day. The paternal and maternal NOAEL for CAS RN 103818-93-5 was 48 mg/kg/day.]

5. Chronic toxicity. Based on the Federal Register Notice (August 9, 2006, Volume 71, Number 153, pages 45415-45424), the Agency stated that the preferred test for repeat-dose toxicity is the "Combined Repeated Dose Toxicity Study with the Reproduction/Developmental Toxicity Screening Test (OECD Test Guideline 422)."
Chronic dietary studies with rats showed no incidence of cancer and no effects at the concentrations tested (lowest dose tested was ca 50 mg/kg/day).]

6. Animal metabolism. [The metabolism of the AAA surfactant initially occurs by hydrolysis of the ether linkage to the corresponding long chain alkyl alcohol and polyalkoxylate, which subsequently undergo oxidative degradation and/or excretion. The higher molecular weight substances and highly polar (highly polyalkoxylated) AAA surfactants are not readily absorbed and metabolized.

Various oxidative pathways for aliphatic alcohol metabolism would work in concert with each other. Linear saturated and unsaturated alcohols are oxidized successively to their corresponding aldehydes and carboxylic acids, which then enter the fatty acid beta-oxidation pathway. Branched-chain aliphatic alcohols are converted by similar oxidation reactions to their corresponding carboxylic acid, which then undergoes metabolism via beta-oxidation and cleavage to yield carbon dioxide in the amino acid pathways, the fatty acid pathways, and the tricarboxylic acid pathways. Alternatively, alcohols having steric hindrance could undergo beta and gamma oxidative pathways and/or conjugation elimination pathways.

7. Metabolite toxicology. [No metabolites of toxicological concern are expected based on the proposed animal metabolic pathway.]

8. Endocrine disruption. [The AAA surfactants do not belong to a class of chemicals known or suspected of having adverse effects on the estrogen receptor or endocrine system. AAAs have been evaluated in acute, repeated dose, developmental and reproductive studies capable of detecting effects on endocrine mediated events. The results of these studies did not give any indication of a treatment-related effect on the estrogen receptor or endocrine system.]

C. Aggregate Exposure

	1. Dietary exposure. [The dietary (food plus drinking water) exposures for AAA surfactants are expressed as a percentage of the proposed chronic population adjusted dose (cPAD) for the general US population and children 1-2 years old, the subpopulation with the highest potential exposures.
Based on I-DEEM screening level calculations, the chronic dietary exposures for the AAA are estimated to be 25.4% of the cPAD for the general U.S. population and 88.5% of the cPAD for children 1-2 years old.
These data demonstrate that the I-DEEM screening level chronic dietary (food and drinking water) exposures for both the AAAPD and AAASD are well below 100% of the cPAD, and are therefore below EPA's established level of concern for all U.S. subpopulations.

On the basis of the OECD 422 repeat dose toxicity study and comparison of 1-DEEM exposures to the proposed cPAD, the applicant asserts that there is sufficient basis for EPA to grant a tolerance exemption for AAA surfactants.
 Chronic Dietary Safety Assessment, % cPAD

         Study
                               Chronic
Systemic
                                   NOAEL[1]
                                 mg/kg
bw/day
                                    cPAD[2]
                                 mg/kg
bw/day
                                    Percent
                           cPAD
Children
1-2 years
                                    of age
                                    Percent
                                     cPAD
                              U.S. Gen
Population
 CASRN 103818-93-5

 Repeated Dose Toxicity with

 Reproduction/Developmen tal Toxicity Screening in
                                      48
                                     0.48
                                     88.5
                                     25.4
 Rats- (OECD 422) CRL

 Study number UPU00006 (Lech, J. 2009c)

 Note:
 [1]NOAEL  -  No observed adverse effect level
 [2]cPAD  --  Chronic population adjusted dose, defined as:
                                           chronic NOAEL / (safety factor x FQPA factor)]

	i. Food. [The available data demonstrate that the I-DEEM screening level chronic dietary (food and drinking water) exposures are well below 100% of the cPAD, and are therefore below EPA's established level of concern for all U.S. subpopulations.]

	ii. Drinking water. [Drinking water is included in the I-DEEM exposure assessment. Exposure to AAA via drinking water is expected to be negligible.]

	2. Non-dietary exposure. [AAA surfactants are used in agricultural formulations as well as in non-pesticidal uses such as personal care products. Given the low estimate of dietary exposure, there is ample room in the overall aggregate MOE for non-dietary uses.]

D. Cumulative Effects
 [For the purpose of the tolerance exemption actions cited herein, the applicant has assumed that the AAA will not have a common mechanism of toxicity with other surfactant substances. It is therefore appropriate to consider only the potential risks of the compounds included in CST 1 in the exposure assessment.]

E. Safety Determination

 U.S. population.
[A dietary exposure assessment using current EPA inert screening level methodology (1-DEEM) was conducted. Based on the conservative I-DEEM dietary exposure estimates, there is a reasonable certainty that no harm will result to the US population from the aggregate exposure to AAA.]
	2. Infants and children.
[The FFDCA Section 408 requires an additional tenfold margin of safety for the protection of infants and children in case of threshold effects to account for prenatal and postnatal toxicity, and an inadequate toxicity database. Where an adequate and reliable database is available and there is a lack of evidence for increased susceptibility, the FQPA safety factor may be reduced or removed. An evaluation of susceptibility and uncertainty issues associated with the Alkyl Alcohol Alkoxylates has been performed, and the applicant recommends that the FQPA safety factor be reduced to 1X for the following reasons:
          The availability of a substantial and scientifically sound mammalian toxicology database that includes acute, subchronic and chronic repeat dose, reproduction, developmental and carcinogenicity toxicity data for the CST 1 AAAs, including CAS RN 84133-50-6, CAS RN 9004-98-2 and CAS RN 103818-93-5.
          OECD 421/422 testing of CAS RI' 84133-50-6, CAS RN 9004-98-2 and CAS RN 103818-93-5 indicate that there were no reproductive effects and no evidence of malformations in the developing offspring.
          There was no evidence of effects on the nervous system in the acute, repeat dose or reproduction studies for the CST 1 supported surfactants.

There is no evidence of endocrine disruption for the AAA surfactants. The AAA surfactants do not belong to a class of chemicals known or suspected of having adverse effects on the estrogen receptor or endocrine system. AAAs have been evaluated in acute, repeated dose (subchronic and chronic), developmental and reproductive studies capable of detecting effects on endocrine mediated events. The results of these studies did not give any indication of a treatment-related effect on the estrogen receptor or endocrine system.]

F. International Tolerances
[There are no known international tolerances for Alkyl Alcohol Alkoxylates.]


[Federal Register Volume 80, Number 103 (Friday, May 29, 2015)]
[Notices]
[Pages 30678-30679]
[FR Doc No: 2015-12944]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2011-0742; FRL-9928-47-OEI]

Proposed Information Collection Request; Comment Request; Air
Pollution Regulations for Outer Continental Shelf (OCS) Activities
(Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Environmental Protection Agency is planning to submit an
information collection request (ICR), ``Air Pollution Regulations for
Outer Continental Shelf'' (EPA ICR No. 1601.09, OMB Control No. 2060-
0249) to the Office of Management and Budget (OMB) for review and
approval in accordance with the Paperwork Reduction Act (44 U.S.C. 3501
et seq.). Before doing so, EPA is soliciting public comments on
specific aspects of the proposed information collection as described
below. This is a proposed extension of the ICR. An agency may not
conduct or sponsor and a person is not

required to respond to a collection of information unless it displays a
currently valid OMB control number.

DATES: Comments must be submitted on or before July 28, 2015.

ADDRESSES: Submit your comments, referencing the Docket ID Number
above, online using www.regulations.gov (our preferred method), or by
mail to: EPA Docket Center, Environmental Protection Agency, Mail Code
28221T, 1200 Pennsylvania Ave. NW., Washington, DC 20460.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: David Painter, Office of Air Quality
Planning and Standards, Air Quality Policy Division (C504-03), U.S.
Environmental Protection Agency, Research Triangle Park, NC 27711;
telephone number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; email
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail
the information that the EPA will be collecting are available in the
public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, WJC West,
Room 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Pursuant to section 3506(c)(2)(A) of the PRA, EPA is soliciting
comments and information to enable it to: (i) Evaluate whether the
proposed collection of information is necessary for the proper
performance of the functions of the Agency, including whether the
information will have practical utility; (ii) evaluate the accuracy of
the Agency's estimate of the burden of the proposed collection of
information, including the validity of the methodology and assumptions
used; (iii) enhance the quality, utility, and clarity of the
information to be collected; and (iv) minimize the burden of the
collection of information on those who are to respond, including
through the use of appropriate automated electronic, mechanical, or
other technological collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses. EPA
will consider the comments received and amend the ICR as appropriate.
The final ICR package will then be submitted to OMB for review and
approval. At that time, EPA will issue another Federal Register notice
to announce the submission of the ICR to OMB and the opportunity to
submit additional comments to OMB.
    Abstract: Section 328 of the Clean Air Act gives EPA responsibility
for regulating air pollution from outer continental shelf (OCS) sources
located offshore of the states along the Pacific, Arctic and Atlantic
Coasts, and along the eastern Gulf of Mexico coast (off the coast of
Florida). In general, these OCS sources must obtain preconstruction
permits (usually Prevention of Significant Deterioration or ``PSD''
permits) and title V operating permits, and then maintain ongoing
compliance with their permit conditions. Industry respondents include
owners or operators of existing and new or modified OCS sources. These
respondents must prepare permit applications and, after receiving their
permits, conduct testing, monitoring, recordkeeping and reporting as
required by their permits. The recordkeeping and reporting requirements
are necessary so that EPA can determine whether these sources are
meeting all the requirements that apply to them. EPA has delegated the
authority to implement and enforce the OCS regulations for sources
located off the coast of California to four local air pollution control
agencies. These agency respondents must review sources' permit
applications and reports, issue permits, observe performance tests and
conduct inspections to ensure that the sources are meeting all the
requirements that apply to them. Section 176(c) of the Clean Air Act
(42 U.S.C. 7401 et seq.) requires that all federal actions conform with
the State Implementation Plans (SIPs) to attain and maintain the NAAQS.
Depending on the type of action, the federal entities must collect
information themselves, hire consultants to collect the information or
require applicants/sponsors of the federal action to provide the
information.
    The type and quantity of information required will depend on the
circumstances surrounding the action. First, the entity must make an
applicability determination. If the source is located within 25 miles
of the state's seaward boundaries as established in the regulations,
the requirements are the same as those that would be applicable if the
source were located in the corresponding onshore area. State and local
air pollution control agencies are usually requested to provide
information concerning regulation of offshore sources and are provided
opportunities to comment on the proposed determinations. The public is
also provided an opportunity to comment on the proposed determinations.
    Respondents/affected entities: State governments.
    Respondent's obligation to respond: Mandatory.
    Estimated number of respondents: 42 (total).
    Frequency of response: Annual.
    Currently approved estimated burden: 28,174 hours (per year).
Burden is defined at 5 CFR 1320.03(b).
    Currently approved estimated cost: $2,532,887, which includes no
annualized capital or operation & maintenance costs.
    Changes in estimates: The final ICR submitted to OMB will contain
revised burden estimates that reflect any changes to the collection
over the past three years and any public comments received.

Courtney Kerwin,
Acting Director, Collections Strategies Division.
[FR Doc. 2015-12944 Filed 5-28-15; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 154 (Thursday, August 9, 2012)]
[Rules and Regulations]
[Pages 47533-47534]
[FR Doc No: 2012-19570]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R02-OAR-2011-0956; FRL-9696-2]

Determination of Failure To Attain the One-Hour Ozone Standard by
2007, Determination of Current Attainment of the One-Hour Ozone
Standard, Determinations of Attainment of the 1997 Eight-Hour Ozone
Standards for the New York-Northern New Jersey-Long Island
Nonattainment Area in Connecticut, New Jersey and New York

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; technical correction.

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

SUMMARY: This document corrects an error in the regulatory language of
a final rule pertaining to Clean Data determinations for the State of
New Jersey published June 18, 2012. The action announced our approval
of four separate and independent determinations related to the New
York-Northern New Jersey-Long Island (NY-NJ-CT) one-hour and 1997
eight-hour ozone nonattainment areas. This action corrects erroneous
paragraph designations in the June 18, 2012 final rule.

DATES: This correction is effective on August 9, 2012.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R02-OAR-2011-0956. All documents in the docket are listed on
the www.regulations.gov web site. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically through
www.regulations.gov or in hard copy at the Environmental Protection
Agency, Region II Office, Air Programs Branch, 290 Broadway, 25th
Floor, New York, New York 10007-1866. This Docket Facility is open from
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The Docket telephone number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Paul Truchan, Air Programs Branch,
Environmental Protection Agency, 290 Broadway, 25th Floor, New York,
New York 10278,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: On June 18, 2012, 77 FR 36163, EPA published
a final rulemaking action announcing our approval of four separate and
independent determinations related to the New York-Northern New Jersey-
Long Island (NY-NJ-CT) one-hour and 1997 eight-hour ozone nonattainment
areas. In that document, Sec.  52.1576 of title 40 of the Code of
Federal Regulations (CFR) was amended, but the amendatory instructions
inadvertently designated an existing paragraph incorrectly as (a) and
incorrectly reserved paragraph (b). The intent of the rule was to
retain the amendments as promulgated on May 16, 2012, 77 FR 28782 and
add two new paragraphs (c) and (d) pursuant to the June 18, 2012, 77 FR
36163. This action corrects the erroneous paragraph designations. For
the convenience of the reader, and to ensure it reads correctly, the
entire Sec.  52.1576 is set out in the regulatory text of this
document.
    Section 553 of the Administrative Procedure Act, 5 U.S.C.
553(b)(3)(B), provides that, when an agency for good cause finds that
notice and public procedure are impracticable, unnecessary or contrary
to the public interest, the agency may issue a rule without providing
notice and an opportunity for public comment. We have determined that
there is good cause for making today's rule final without prior
proposal and opportunity for comment because we are merely correcting
an incorrect citation in a previous action. Thus, notice and public
procedure are unnecessary. We find that this constitutes good cause
under 5 U.S.C. 553(b)(3)(B).

Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those

imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     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);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994). In addition,
this rule does not have tribal implications as specified by Executive
Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not
approved to apply in Indian country located in the state, and EPA notes
that it will not impose substantial direct costs on tribal governments
or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by October 9, 2012. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental
relations, Nitrogen oxides, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.

    Dated: July 31, 2012.
Judith A. Enck,
Regional Administrator, Region 2.

    Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart FF--New Jersey

0
2. Section 52.1576 is revised to read as follows:

Sec.  52.1576  Determinations of attainment.

    (a) Based upon EPA's review of the air quality data for the 3-year
period 2008 to 2010, EPA determined that Philadelphia-Wilmington-
Atlantic City, PA-NJ-MD-DE 8-hour ozone moderate nonattainment area
(the Philadelphia Area) attained the 1997 8-hour ozone National Ambient
Air Quality Standard (NAAQS) by the applicable attainment date of June
15, 2011. Therefore, EPA has met the requirement pursuant to CAA
section 181(b)(2)(A) to determine, based on the area's air quality as
of the attainment date, whether the area attained the standard. EPA
also determined that the Philadelphia Area nonattainment area will not
be reclassified for failure to attain by its applicable attainment date
under section 181(b)(2)(A).
    (b) Based upon EPA's review of the air quality data for the 3-year
period 2007 to 2009, EPA determined that the Philadelphia-Wilmington,
PA-NJ-DE fine particle (PM2.5) nonattainment area attained
the 1997 annual PM2.5 National Ambient Air Quality Standard
(NAAQS) by the applicable attainment date of April 5, 2010. Therefore,
EPA has met the requirement pursuant to CAA section 179(c) to
determine, based on the area's air quality as of the attainment date,
whether the area attained the standard. EPA also determined that the
Philadelphia-Wilmington, PA-NJ-DE PM2.5 nonattainment area
is not subject to the consequences of failing to attain pursuant to
section 179(d).
    (c) Based upon EPA's review of the air quality data for the three-
year period 2005 to 2007, EPA determined, as of June 18, 2012, that the
New York-Northern New Jersey-Long Island (NY-NJ-CT) one-hour ozone
nonattainment area did not meet its applicable one-hour ozone
attainment date of November 15, 2007. Separate from and independent of
this determination, based on 2008-2010 complete, quality-assured ozone
monitoring data at all monitoring sites in the area, and data for 2011,
EPA determined, as of June 18, 2012, that the NY-NJ-CT one-hour ozone
nonattainment area has attained the one-hour ozone standard.
    (d) Based upon EPA's review of complete, quality-assured and
certified air quality data for the three-year period 2007 to 2009, and
data for 2011, EPA determined, as of June 18, 2012, that the New York-
Northern New Jersey-Long Island (NY-NJ-CT) eight-hour ozone moderate
nonattainment area attained the 1997 eight-hour ozone NAAQS by the
applicable attainment date of June 15, 2010. Therefore, EPA has met the
requirement pursuant to CAA section 181(b)(2)(A) to determine, based on
the area's air quality data as of the attainment date, whether the area
attained the standard. EPA also determined that the NY-NJ-CT
nonattainment area will not be reclassified for failure to attain by
its applicable attainment date under section 181(b)(2)(A).

[FR Doc. 2012-19570 Filed 8-8-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 81, Number 51 (Wednesday, March 16, 2016)]
[Notices]
[Pages 14206-14208]
[FR Doc No: 2016-05928]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2015-0124]

Potential Benefits and Feasibility of Voluntary Compliance;
Public Listening Sessions

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

ACTION: Notice of public listening sessions; request for comments.

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

SUMMARY: FMCSA announces two public listening sessions, on April 1 and
25, 2016, to solicit information on the potential benefits and
feasibility of voluntary compliance and ways to credit carriers and
drivers who initiate and establish programs that promote safety beyond
the standards established in FMCSA regulations. The recently enacted
Fixing America's Surface Transportation (FAST) Act mandates that the
FMCSA Administrator allow recognition for a motor carrier that installs
advanced safety equipment, enhanced driver fitness measures, fleet
safety management tools, technologies, and programs and other standards
for use by motor carriers to receive recognition, including credit or
an improved Safety Measurement System (SMS) percentile. FMCSA is
soliciting comments to develop a process for identifying and reviewing
these opportunities to provide credit to those carriers and drivers who
go above and beyond the regulatory requirements. The listening sessions
are intended to provide interested parties with an opportunity to share
their views on this topic with Agency representatives, along with any
data or analysis they may have. All comments will be transcribed and
placed in the docket referenced above for FMCSA's consideration. The
entire proceedings of both meetings will be webcast.

DATES: This docket will remain open indefinitely.
    The listening sessions will be held on Friday, April 1, 2016, from
10:00 a.m. to Noon and 1:15 p.m. to 3 p.m., Local Time, and on Monday,
April 25, 2016, from 9:30 a.m. to 11:30 a.m. and 1:30 p.m. to 3:30
p.m., Local Time. If all interested parties have had the opportunity to
comment, the sessions may conclude early.

ADDRESSES: The April 1, 2016, listening session will be held at the
Mid-America Trucking Show at the Kentucky Expo Center, 938 Phillips
Lane, Louisville, KY. The April 25, 2016, session will be held at the
Commercial Vehicle Safety Alliance Spring 2016 Workshop at the Sheraton
Grand Chicago, 301 East North Water Street, Chicago, IL. In addition to
attending the session in person, the Agency offers several ways to
provide comments, as described below.
    Internet Address for Live Webcast. FMCSA will post specific
information on how to participate via the Internet on the FMCSA Web
site at www.fmcsa.dot.gov/calendar in advance of the listening session.
    You may submit comments identified by Docket Number FMCSA-2015-0124
using any of the following methods:

     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments.
     Mail: Docket Management Facility, U.S. Department of
Transportation, Room W12-140, 1200 New Jersey Avenue SE., West
Building, Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building, Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
     Fax:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT:
    For information about the listening sessions: Ms. Shannon L.
Watson, Senior Policy Advisor, Federal Motor Carrier Safety
Administration, 1200 New Jersey Avenue SE., Washington, DC 20590 or by
telephone at<PHONE_NUMBER>.
    If you need sign language interpretation or any other accessibility
accommodation, please contact Ms. Watson by Friday, March 18, 2016, to
allow us to arrange for such services. FMCSA cannot guarantee that
interpreter services requested on short notice will be provided.
    For other information about the Beyond Compliance program: Ms.
Theresa Rowlett,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Submitting Comments

    If you submit a comment, please include the docket number for this
notice (FMCSA-2015-0124), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online or by fax, mail, or hand delivery, but please use only one of
these means. FMCSA recommends that you include your name and a mailing
address, an email address, or a phone number in the body of your
document so that FMCSA can contact you if there are questions regarding
your submission.
    To submit your comment online, go to http://www.regulations.gov,
put the docket number, FMCSA-2015-0124, in the keyword box, and click
``Search.'' When the new screen appears, click on the ``Comment Now!''
button and type your comment into the text box on the following screen.
Choose whether you are submitting your comment as an individual or on
behalf of a third party and then submit.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the facility, please enclose a stamped,
self-addressed postcard or envelope.
    We will consider all comments and material received during the
comment period and may draft a notice of proposed rulemaking based on
your comments and other information and analysis.

Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this
preamble as being available in the docket, go to http://www.regulations.gov. Insert the docket number, FMCSA-2015-0124, 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.

Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its rulemaking process. DOT posts these
comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

I. Background

    The trucking and bus industries and the U.S. Department of
Transportation have invested in the research, development, and testing
of strategies and technologies to reduce truck and bus crashes. In
September 2014, the Commercial Vehicle Safety Alliance (CVSA) submitted
a request to FMCSA to consider initiating a pilot program to
investigate the benefits and feasibility of a voluntary compliance
program. Citing research that has been underway for several years, the
Agency established an Alternative Compliance team in December 2014, the
goal of which was to analyze the concept and gather data to support how
it might be developed and implemented.
    On March 30-31, 2015, the Agency's Motor Carrier Safety Advisory
Committee (MCSAC) deliberated on the potential benefits and feasibility
of a voluntary compliance program and ways to credit carriers and
drivers who initiate and establish programs that promote safety beyond
FMCSA's regulations. MCSAC completed its deliberations during its June
15-16, 2015, meeting and subsequently submitted its final report on
Task 15-1 to the Agency on September 21, 2015. A copy of the report is
posted at the MCSAC's Web site, https://www.fmcsa.dot.gov/mcsac.
    On April 23, 2015 (80 FR 22770), the Agency published a notice
requesting responses to specific questions and any supporting data the
Agency should consider in the potential development of a Beyond
Compliance program.\1\ The notice indicated that Beyond Compliance
would include voluntary programs implemented by motor carriers that
exceed regulatory requirements and improve the safety of commercial
motor vehicles and drivers operating on the Nations' roadways by
reducing the number and severity of crashes. Beyond Compliance would
not result in regulatory relief.
---------------------------------------------------------------------------

    \1\ See https://www.gpo.gov/fdsys/pkg/FR-2015-04-23/pdf/2015-09463.pdf or https://www.fmcsa.dot.gov/regulations/notices/2015-09463.
---------------------------------------------------------------------------

    Section 5222 of the recently enacted the Fixing America's Surface
Transportation Act (Pub. L. 114-94, Dec. 4, 2015, 129 Stat. 1312) (FAST
Act) mandates that the FMCSA Administrator allow recognition for a
motor carrier that installs advanced safety equipment, enhanced driver
fitness measures, fleet safety management tools, technologies, and
programs and other standards for use by motor carriers to receive
recognition, including credit or an improved SMS percentile. This
provision requires the Administrator, after providing notice and
comment, to develop a process for identifying and reviewing these
opportunities to provide credit to those carriers and drivers who go
above and beyond the regulatory requirements.
    FMCSA held similar listening sessions on January 12, 2016, at the
American Bus Association's (ABA) Marketplace in Louisville, Kentucky,
and on January 31, 2016, at the United Motorcoach Association (UMA)
Expo 2016 in Atlanta, Georgia.

II. Meeting Participation and Information FMCSA Seeks From the Public

    The listening session is open to the public. Speakers should try to
limit their remarks to 3-5 minutes. No preregistration is required.
Attendees may submit material to the FMCSA staff at the session for
inclusion in the pubic docket referenced at the beginning of this
notice.

    Those participating in the webcast will have the opportunity to
submit comments online that will be read aloud at the session along
with those comments made in the meeting rooms in Louisville and
Chicago. FMCSA will docket the transcripts of the webcast, a separate
transcription of each listening session prepared by an official court
reporter, and all other materials submitted to FMCSA personnel.
    FMCSA would like to know the views of the public on the concept,
with any data or analysis to support it, with regard to 3 basic areas:
(1) What voluntary technologies or safety program best practices would
be appropriate for beyond compliance; (2) What type of incentives would
encourage motor carriers to invest in technologies and best practices
programs; and (3) How FMCSA would verify that the voluntary
technologies or safety programs are being implemented.

    Issued on: March 10, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-05928 Filed 3-15-16; 8:45 am]
 BILLING CODE 4910-EX-P