[Federal Register Volume 76, Number 34 (Friday, February 18, 2011)]
[Notices]
[Pages 9618-9620]
[FR Doc No: 2011-3689]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-63905; File No. SR-Phlx-2011-17]

Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To
Establish and Adopt Fees for the New Short Sale Monitor Service and PSX
Data Add-On

February 14, 2011.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on February 4, 2011, NASDAQ OMX PHLX LLC (``Phlx'' or ``Exchange''),
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I, II, and III below, which
Items have been substantially prepared by Phlx. 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\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    Phlx proposes to adopt a fee for the Short Sale Monitor and the PSX
Data Add-On, a new service and related NASDAQ OMX PSX (``PSX'') add-on
data that assist subscribers in complying with new requirements arising
from recent amendments to Regulation SHO. The Exchange will implement
the service as soon as practicable following the effective date of the
filing.
    The text of the proposed rule change is available at the principal
office of the Exchange, and at the Commission's Public Reference Room.
* * * * *

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

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

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

1. Purpose
    Phlx is proposing to amend its fee schedule to establish the Short
Sale Monitor offered to subscribing member firms at no cost through
March 31, 2011 and for a fee of $750 per market participant identifier
(``MPID''), per month thereafter. The Short Sale Monitor is a new
service that provides subscribers with real-time surveillance of trades
reported to the FINRA/Nasdaq Trade Reporting Facility (``FINRA/NASDAQ
TRF'') \3\ marked as ``short'' and ``short exempt'' to assist them in
monitoring their compliance with amendments to Regulation SHO under the
Act.\4\ The Commission recently amended Regulation SHO to adopt a new
short sale-related circuit breaker combined with an alternative uptick
rule under Rule 201.\5\ The new rule imposes a restriction on the price
at which a security may be sold short if the circuit breaker is
triggered. Specifically, the new rule requires trading centers,\6\
which include self-regulatory organizations (``SROs''), to establish,
maintain and enforce written policies and procedures reasonably
designed to prevent the execution or display of short sale orders in a
covered security \7\ at a price that is less than or equal to the
current national best bid \8\ if the price of that covered security
decreases by 10% or more from its closing price as determined by the
listing market \9\ as of the end of regular trading hours on the prior
day.\10\ In addition, the rule requires that the trading center
establish, maintain, and enforce written policies and procedures
reasonably designed to impose this short sale price test restriction
for the remainder of the day and the following day when a national best
bid for the covered security is calculated and disseminated on a
current and continuing basis by a plan processor pursuant to an
effective national market system plan.\11\ Trading centers are required
to regularly surveil to ascertain the effectiveness of these policies
and procedures. Rule 201 generally permits short selling at a price
above the current national best bid during the time a short sale price
test restriction is in effect for a covered security.
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    \3\ The FINRA/NASDAQ TRF is a facility of FINRA operated by The
NASDAQ OMX Group, Inc.
    \4\ Securities Exchange Act Release No. 61595 (February 26,
2010), 75 FR 11232 (March 10, 2010) (amending Rule 201 and Rule
200(g) of Regulation SHO). The amendments to Rules 201 and 200(g) of
Regulation SHO have a compliance date of February 28, 2011. See
Securities Exchange Act Release No. 63247 (November 4, 2010), 75 FR
68702 (November 9, 2010) (extending the compliance date of the
amendments to Rules 201 and 200(g) of Regulation SHO from November
10, 2010 until February 28, 2011).
    \5\ 17 CFR 242.201.
    \6\ Rule 201(a)(9) defines the term ``trading center'' as having
the same meaning as in Rule 600(b)(78) of Regulation NMS. Rule
600(b)(78) defines a ``trading center'' as ``a national securities
exchange or national securities association that operates an SRO
trading facility, an alternative trading system, an exchange market
maker, an OTC market maker, or any other broker or dealer that
executes orders internally by trading as principal or crossing
orders as agent.'' 17 CFR 242.600(b)(78).
    \7\ Rule 201(a)(1) defines the term ``covered security'' for
purposes of Rule 201. See 17 CFR 242.201(a)(1). Rule 201(a)(1)
defines ``covered security'' to mean any ``NMS stock'' as defined
under Rule 600(b)(47) of Regulation NMS. Rule 600(b)(47) of
Regulation NMS defines an ``NMS stock'' as ``any NMS security other
than an option.'' 17 CFR 242.600(b)(47). Rule 600(b)(46) of
Regulation NMS defines an ``NMS security'' as ``any security or
class of securities for which transaction reports are collected,
processed, and made available pursuant to an effective transaction
reporting plan, or an effective national market system plan for
reporting transactions in listed options.'' 17 CFR 242.600(b)(46).
    \8\ Rule 201(a)(4) defines the term ``national best bid'' for
purposes of Rule 201. See 17 CFR 242.201(a)(4).
    \9\ Rule 201(a)(3) defines the term ``listing market'' for
purposes of Rule 201. See 17 CFR 242.201(a)(3).
    \10\ 17 CFR 242.201(b)(1)(i).
    \11\ 17 CFR 242.201(b)(1)(ii). Further, if the price of a
covered security declines intra-day by at least 10% on a day on
which the security is already subject to the short sale price test
restriction of Rule 201, the restriction will be re-triggered and,
therefore, will continue in effect for the remainder of that day and
the following day. Rule 201 does not place any limit on the
frequency or number of times the circuit breaker can be re-triggered
with respect to a particular stock. See Division of Trading and
Markets: Responses to Frequently Asked Questions Concerning Rule 201
of Regulation SHO, Q&A No. 2.2 (http://sec.gov/divisions/marketreg/rule201faq.htm).
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    The Commission also amended Regulation SHO to provide that a
broker-dealer may mark certain qualifying sell orders ``short exempt.''
\12\

If a broker-dealer marks an order ``short exempt,'' it is not subject
to the short sale price test restrictions of Rule 201 and can be
executed by a trading center without regard to its price.\13\
Paragraphs (c) and (d) of Rule 201 specify the circumstances under
which a broker-dealer may mark certain sale orders as ``short exempt.''
\14\ If a broker-dealer chooses to rely on its own determination that
it is submitting a short sale order to the trading center at a price
that is above the current national best bid at the time of submission
under Rule 201(c) or to rely on an exception specified in Rule 201(d),
it may mark the order ``short exempt.'' The Commission noted in
adopting the ``short exempt'' marking requirement that it will both
provide a record of broker-dealers availing themselves of the
provisions of paragraphs (c) or (d) to the rule and aid surveillance by
SROs and the Commission for compliance with the provisions of Rule
201.\15\
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    \12\ Formerly, Rule 200(g) of Regulation SHO provided that a
broker-dealer must mark all sell orders of any security as ``long''
or ``short.'' As amended, Rule 200(g) now provides a ``short
exempt'' marking requirement. 17 CFR 242.200(g). Rule 200(g)(2)
provides that a sale order may only be marked ``short exempt'' if
the provisions of Rule 201(c) or Rule 201(d) are met. 17 CFR
242.200(g)(2). See supra note 4. See also Division of Trading and
Markets: Responses to Frequently Asked Questions Concerning Rule 201
of Regulation SHO, Q&A Nos. 5.4 and 8.1.
    \13\ 17 CFR 242.201(b)(1)(iii)(B).
    \14\ 17 CFR 242.201(c); 17 CFR 242.201(d).
    \15\ See supra note 4, 75 FR at 11275-76.
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    The Short Sale Monitor provides subscribing member firms with a
tool to aid them in monitoring their trades reported into the FINRA/
NASDAQ TRF for compliance with the requirements of the amended
rules.\16\ Accessed through either a Workstation or Weblink ACT 2.0
terminal, the Short Sale Monitor provides subscribers with
notifications of their reported trades marked ``short'' and ``short
exempt'' for covered securities subject to the short sale price test
restrictions of Rule 201. Specifically, the Short Sale Monitor will
provide subscribers notice of covered securities subject to the
restrictions of Rule 201, and provide access to historical lists of
such covered securities. In addition, the Short Sale Monitor will
provide notice of trades in covered securities that are: (i) Subject to
the short sale price test restriction, and marked ``short,'' (ii)
subject to the short sale price test restriction, and marked ``short
exempt,'' (iii) subject to the short sale price test restriction, and
sold above the current national best bid at the time of trade execution
time, and (iv) not subject to the short sale price test restriction,
but marked ``short exempt.'' \17\ The Short Sale Monitor will provide
this information to a subscribing firm both as real-time alerts and
through a historical database of the firm's trades that prompted the
alerts, which will assist the firm in meeting its obligation to
ascertain the effectiveness of its policies and procedures.\18\ As
such, member firms will have a useful compliance tool with which they
can monitor, post-trade, their compliance with the amendments to
Regulation SHO under the Act.\19\ In this regard, the Short Sale
Monitor is similar to NASDAQ's InterACT service in that it provides
member firms with post-trade analysis of their trades for compliance
with regulatory obligations.\20\ Lastly, Phlx will supplement and
enhance the Short Sale Monitor as needed to address any amendments to
Regulation SHO or other related rules, and from time to time will make
changes to enhance the service.
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    \16\ FINRA recently amended its rules to conform them to the
requirements of the changes made by the Commission to Regulation
SHO, including amending its trade reporting rules applicable to
over-the-counter trades in NMS stocks to reintroduce the short sale
exempt category. See Securities Exchange Act Release No. 63032
(December 4, 2010), 75 FR 62439 (December 8, 2010) (SR-FINRA-2010-
043).
    \17\ See also Division of Trading and Markets: Responses to
Frequently Asked Questions Concerning Rule 201 of Regulation SHO,
Q&A Nos. 5.4 and 5.5.
    \18\ The Commission notes that broker-dealers subscribing to the
Short Sale Monitor and Data Add-On service remain responsible for
compliance with Rule 201 of Regulation SHO.
    \19\ Supra note 4.
    \20\ See NASDAQ Rule 7049 (explaining the InterACT service).
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    Phlx is also proposing to amend its fee schedule to establish the
PSX Data Add-On service as an additional service to an existing Short
Sale Monitor subscription, which will provide subscribers with access
to records of their trades in covered securities subject to the short
sale price restrictions of Rule 201 executed on PSX and marked ``short
exempt.'' The proposed add-on service will be offered at no cost
through March 31, 2011, and for an additional fee of $50 per MPID, per
month thereafter. As noted above, to be eligible for the PSX Data Add-
On service a member's MPID must first be subscribed to the Short Sale
Monitor.
    Last, Phlx is proposing waive the Short Sale Monitor fee for
members seeking to subscribe to the PSX Data Add-on service if the MPID
is currently subscribed to either the NASDAQ or NASDAQ OMX BX Short
Sale Monitor. NASDAQ and NASDAQ OMX BX will offer \21\ the Short Sale
Monitor to their members for a price identical to that of Phlx's at
$750 per MPID, per month. Phlx notes that the Short Sale Monitor of
each of the three exchanges offers the identical service and access to
data. As such, Phlx does not believe that it is appropriate to charge
members of Phlx an additional fee of $750 per MPID, per month if the
member currently subscribes to the Short Sale Monitor offered by
another NASDAQ OMX exchange.\22\ Accordingly, Phlx believes that a
member should only pay for the market-specific data if it has a pre-
existing subscription to the Short Sale Monitor, irrespective of the
NASDAQ OMX exchange through which it subscribes.
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    \21\ NASDAQ and NASDAQ OMX BX have filed related rule changes
with the Commission concurrent with Phlx's filing. See SR-NASDAQ-
2011-024 and SR-BX-2011-008.
    \22\ Rule changes proposed by both NASDAQ and NASDAQ OMX BX
provide an identical waiver of the Short Sale Monitor fee.
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2. Statutory Basis
    Phlx believes that the proposed rule change is consistent with
Section 6(b) of the Act in general,\23\ and Section 6(b)(4) of the Act
\24\ specifically, in that it provides for the equitable allocation of
reasonable dues, fees and other charges among members and issuers and
other persons using any facility or system which the Phlx operates or
controls, and it does not unfairly discriminate between customers,
issuers, brokers or dealers. Phlx believes that offering the Short Sale
Monitor at no cost on a trial basis, and for a fee of $750 per MPID,
per month thereafter, and the PSX Data Add-On at no cost on a trial
basis, and for a fee of $50 per MPID, per month thereafter is fair and
provides an equitable allocation of fees in that subscription is
voluntary and it will apply uniformly to all members that use the
FINRA/NASDAQ TRF or execute on PSX, as applicable, and elect to
subscribe to one or both of the services. Further, Phlx believes that,
as discussed above, waiving the Short Sale Monitor fee for a member
seeking a subscription to the PSX Data Add-On is appropriate in cases
where the member has subscribed the MPID to the Short Sale Monitor of
NASDAQ or NASDAQ OMX BX. As noted, the Short Sale Monitors of the
NASDAQ OMX exchanges provide identical services and are offered at an
identical fee. As such, Phlx does not believe requiring a firm to
subscribe to a redundant service solely to access PSX-specific data is
an equitable allocation of fees. Phlx notes that subscribing members
may cancel their subscription(s) at any time prior to the expiration of
the trial period at no cost. The proposed fee will apply to all members
equally based on the number of MPIDs subscribed. The proposed fee will
cover the costs associated with separately offering the service,

responding to customer requests, configuring PSX's systems, programming
to user specifications, and administering the service, among other
things, and may provide Phlx with a profit to the extent costs are
covered.
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    \23\ 15 U.S.C. 78f(b).
    \24\ 15 U.S.C. 78f(b)(4).
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    Phlx also believes that the proposed rule change is consistent with
the provisions of Section 6(b)(5) of the Act \25\ because it is
designed to, among other things, prevent fraudulent and manipulative
acts and practices, to promote just and equitable principles of trade,
and to foster cooperation and coordination with persons engaged in
facilitating transactions in securities. The Short Sale Monitor will
assist subscribing member firms in monitoring their compliance with the
amendments to Regulation SHO under the Act \26\ with respect to trades
reported to the FINRA/NASDAQ TRF. Phlx notes that the Short Sale
Monitor is similar to NASDAQ's InterACT service,\27\ which allows
member firms to supervise trade activity required to be reported to the
FINRA/NASDAQ TRF, and provides member firms with real time totals of
open trades awaiting review and acceptance within the twenty minute
period required by FINRA Rule 7230A(b). As noted above, the Short Sale
Monitor is similar to this service in that it provides member firms
with post-trade analysis of their trades for compliance with regulatory
obligations. In the case of the Short Sale Monitor and PSX Data Add-On,
such analysis include trades reported to the FINRA/NASDAQ TRF and
trades executed on PSX marked ``short exempt'' in covered securities.
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    \25\ 15 U.S.C. 78f(b)(5).
    \26\ Supra note 4.
    \27\ Supra note 20.
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B. Self-Regulatory Organization's Statement on Burden on Competition

    Phlx does not believe that the proposed rule change will result in
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act, as amended.

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

    Written comments were neither solicited nor received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act \28\ and subparagraph (f)(2) of Rule 19b-4
thereunder.\29\ At any time within 60 days of the filing of the
proposed rule change, the Commission summarily may temporarily suspend
such rule change if it appears to the Commission that such action is
necessary or appropriate in the public interest, for the protection of
investors, or otherwise in furtherance of the purposes of the Act. If
the Commission takes such action, the Commission shall institute
proceedings to determine whether the proposed rule should be approved
or disapproved.
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    \28\ 15 U.S.C. 78s(b)(3)(a)(ii).
    \29\ 17 CFR 240.19b-4(f)(2).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-Phlx-2011-17 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-Phlx-2011-17. 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 offices of the
Exchange. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-
Phlx-2011-17, and should be submitted on or before March 11, 2011.
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    \30\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\30\
Cathy H. Ahn,
Deputy Secretary.
[FR Doc. 2011-3689 Filed 2-17-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: March 5, 2010 (Volume 75, Number 43)]
[Notices]
[Page 10238-10239]
[DOCID:fr05mr10-45]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings No 1

Thursday, February 25, 2010.
    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

    Docket Numbers: RP10-379-000.
    Applicants: Transcontinental Gas Pipe Line Company,
    Description: Transcontinental Gas Pipe Line Co, LLC submits Seventh
Revised Sheet No. 21 et al to FERC Gas Tariff, Fourth Revised Volume
No. 1.
    Filed Date: 02/16/2010.
    Accession Number: 20100217-0225.
    Comment Date: 5 p.m. Eastern Time on Tuesday, March 02, 2010.

    Docket Numbers: RP10-390-000.
    Applicants: Crossroads Pipeline Company.
    Description: Crossroads Pipeline Company submits Thirteenth Revised
Sheet 6 to its FERC Gas Tariff, First Revised Volume 1, to be effective
4/1/2010.
    Filed Date: 02/23/2010.
    Accession Number: 20100223-0211.
    Comment Date: 5 p.m. Eastern Time on Monday, March 08, 2010.

    Docket Numbers: RP10-391-000.
    Applicants: Natural Gas Pipeline Company of America.
    Description: Penalty Revenue Crediting Report of Natural Gas
Pipeline Company of America LLC.
    Filed Date: 02/24/2010.
    Accession Number: 20100224-5027.
    Comment Date: 5 p.m. Eastern Time on Monday, March 08, 2010.

    Docket Numbers: RP10-392-000.
    Applicants: Natural Gas Pipeline Company of America LLC.
    Description: Annual Report of Operational Purchases and Sales of
Natural Gas Pipeline Company of America LLC.
    Filed Date: 02/24/2010.
    Accession Number: 20100224-5032.
    Comment Date: 5 p.m. Eastern Time on Monday, March 08, 2010.

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to

be taken, but will not serve to make protestants parties to the
proceeding. Anyone filing a motion to intervene or protest must serve a
copy of that document on the Applicant. In reference to filings
initiating a new proceeding, interventions or protests submitted on or
before the comment deadline need not be served on persons other than
the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://
www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St. NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2010-4642 Filed 3-4-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 94 (Tuesday, May 15, 2012)]
[Proposed Rules]
[Pages 28533-28536]
[FR Doc No: 2012-11697]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2012-0499; Notice No. 25-12-01-SC]

Special Conditions: Boeing, Model 737-800; Large Non-Structural
Glass in the Passenger Compartment

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed special conditions.

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SUMMARY: This action proposes special conditions for the Boeing Model
737-800 airplane. This airplane as modified by Lufthansa Technik will
have a novel or unusual design feature associated with the installation
of large non-structural glass items in the cabin area of an executive
interior occupied by passengers and crew. The installation of these
items in a passenger compartment, which can be occupied during taxi,
takeoff, and landing, is a novel or unusual design feature with respect
to the material used. The applicable airworthiness regulations do not
contain adequate or appropriate safety standards for this design
feature. These proposed special conditions contain the additional
safety standards that the Administrator considers necessary to
establish a level of safety equivalent to that established by the
existing airworthiness standards.

DATES: Send your comments on or before June 4, 2012.

ADDRESSES: Send comments identified by docket number FAA-2012-0499
using any of the following methods:
     Federal eRegulations Portal: Go to http://www.regulations.gov/ and follow the online instructions for sending
your comments electronically.
     Mail: Send comments to Docket Operations, M-30, U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE., Washington, DC, between 8 a.m. and 5 p.m.,
Monday through Friday, except federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: The FAA will post all comments it receives, without
change, to http://www.regulations.gov/, including any personal
information the commenter provides. Using the search function of the
docket Web site, anyone can find and read the electronic form of all
comments received into any FAA docket, including the name of the
individual sending the comment (or signing the comment for an
association, business, labor union, etc.). DOT's complete Privacy Act
Statement can be found in the Federal Register published on April 11,
2000 (65 FR 19477-19478), as well as at http://DocketsInfo.dot.gov/.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov/ at any time. Follow the online instructions
for accessing the docket or go to the Docket Operations in Room W12-140
of the West Building Ground Floor at 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except federal holidays.

FOR FURTHER INFORMATION CONTACT: John Shelden, FAA, Cabin Safety
Branch, ANM-115, Transport Airplane Directorate, Aircraft Certification
Service, 1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone
425-227-2785; facsimile<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite interested people to take part in this rulemaking by
sending written comments, data, or views. The most helpful comments
reference a specific portion of the special conditions, explain the
reason for any recommended change, and include supporting data.
    We will consider all comments we receive on or before the closing
date for comments. We may change these special conditions based on the
comments we receive.

Background

    On December 16, 2010, Lufthansa Technik AG, Weg Beim Jaeger 193,
22335 Hamburg Germany applied for a supplemental type certificate for
the installation of large non-structural glass items in the cabin area
of the executive interior occupied by passengers and crew in a Boeing
Model 737-800. The Boeing Model 737-800, approved under Type
Certificate No. A16WE, is a large transport category airplane that is
limited to 189 passengers or less, depending on the interior
configuration. This specific Boeing Model 737-800 configuration
includes seating provisions for 34 passengers.

Type Certification Basis

    Under the provisions of Title 14, Code of the Federal Regulations
(14 CFR) 21.101, Lufthansa Technik must show that the Boeing Model 737-
800, as changed, continues to meet the applicable provisions of the
regulations incorporated by reference in Type Certificate No. A16WE or
the applicable regulations in effect on the date of application for the
change. The regulations incorporated by reference in the type
certificate are commonly referred to as the ``original type
certification basis.'' The regulations incorporated by reference in
Type Certificate No. A16WE are as follows: 14 CFR part 25 as amended by
Amendments 25-1 through 25-77 with exceptions for the Boeing Model 737-
800. In addition, the certification basis includes certain special
conditions, exemptions, or later amended sections of the applicable
part that are not relevant to these proposed special conditions.
    If the Administrator finds that the applicable airworthiness
regulations (i.e., 14 CFR part 25) do not contain adequate or
appropriate safety standards for the Boeing Model 737-800 because of a
novel or unusual design feature, special conditions are prescribed
under the provisions of Sec.  21.16.
    Special conditions are initially applicable to the model for which
they are issued. Should the applicant apply for a supplemental type
certificate to modify any other model included on the same type
certificate to incorporate the same or similar novel or unusual design
feature, the special conditions would also apply to the other model
under Sec.  21.101.
    In addition to the applicable airworthiness regulations and special
conditions, the Boeing Model 737-800 must comply with the fuel vent and
exhaust emission requirements of 14 CFR part 34 and the noise
certification requirements of 14 CFR part 36.
    The FAA issues special conditions, as defined in 14 CFR 11.19, in
accordance with Sec.  11.38, and they become part of the type-
certification basis under Sec.  21.101.

Novel or Unusual Design Features

    The Boeing Model 737-800 will incorporate the following novel or
unusual design features: The installation of large non-structural glass
items, typically in the form of glass sheets in the cabin area of an
executive interior occupied by passengers and crew.
    These installations would be for aesthetic purposes, not for
safety, in components other than windshields or windows. For these
special conditions, a large glass item is 4 kg (approximately 10
pounds) and greater in mass. This limit was established as the mass at
which a glass component could be expected to potentially cause
widespread injury if it were to shatter or break free from its
retention system.
    The proposed special conditions address the novel and unusual
design features for the use of large non-structural glass in the
passenger cabin. These large glass items would be installed in occupied
rooms or areas during taxi, take off, and landing, or rooms or areas
that occupants do have to enter or pass through to get to any emergency
exit. The installations of large non-structural glass items may
include, but are not limited to, the following items:
     Glass partitions.
     Glass attached to the ceiling.
     Wall/door mounted mirrors/glass panels.

Discussion

    The existing part 25 regulations only address the use of glass in
windshields, instrument or display transparencies, or window
applications. The regulations treat glass as unique for special
applications where no other material will serve and address the adverse
properties of glass.
    Section 25.775, ``Window and windshields,'' provides for the use of
glass in airplanes but limits glass to windshields and instrument or
display transparencies. Furthermore, except for bolted-in windshields,
there is limited experience with either adhesive or mechanical
retention methods for large glass objects installed in an airplane
subject to high loads supported by flexible restraints.
    The FAA has accepted the following uses of glass in the passenger
cabin under the current regulations:
    1. Glass items installed in rooms or areas in the cabin that are
not occupied during taxi, take off, and landing, and occupants do not
have to enter or pass through the room or area to get to any emergency
exit.
    2. Glass items integrated into a functional device whose operation
is dependent upon the characteristics of glass, such as instrument or
indicator protective transparencies, or monitor screens such as liquid
crystal display (LCD) or plasma displays. These glass items may be
installed in any area in the cabin regardless of occupancy during taxi,
take-off, and landing. Acceptable means for these items may depend on
the size and specific location of the device.
    3. Small glass items installed in occupied rooms or areas during
taxi, take off, and landing, or rooms or areas that occupants do have
to enter or pass through to get to any emergency exit. For the purposes
of these special conditions, a small glass item is less than 4 kg in
mass or a group of glass items weighing less than 4 kg in mass.
    The glass items in numbers one, two, and three (above) have been
restricted to applications where the potential for injury is either
highly localized (such as instrument faces) or the location is such
that injury due to failure of the glass is unlikely (e.g., mirrors in
lavatories). These glass items are subject to the inertia loads
contained in Sec.  25.561 and maximum positive differential pressure
for items like monitors, but are not subject to these special
conditions. They have been found acceptable through project specific
means of compliance requiring testing to meet the requirement in Sec.
25.785(d) and by adding a protective polycarbonate layer

that covers the glass exposed to the cabin.
    The use of glass in airplanes utilizes the one unique
characteristic of glass--its capability for undistorted or controlled
light transmittance, or transparency. Glass, in its basic form as
annealed, untreated sheet, plate, or float glass, when compared to
metals, is extremely notch-sensitive, has a low fracture resistance,
has a low modulus of elasticity, and can be highly variable in its
properties. While reasonably strong, it is not a desirable material for
traditional aircraft applications because, as a solo component, it is
heavy (about the same density as aluminum). In addition, when glass
fails, it can break into extremely sharp fragments that have the
potential for injury above and beyond simple impact and have been known
to be lethal.
    The proposed special conditions address installing glass in much
larger sizes than previously accepted and in a multitude of locations
and applications, instead of using more traditional aircraft materials.
In most, if not all cases, the glass will not be covered with a
polycarbonate layer. Additionally, the retention of glass of this size
and weight is not amenable to conventional techniques currently
utilized in airplane cabins.
    The proposed special conditions consider the unusual material
properties of glass as an interior material that have limited or
prevented its use in the past, and address the performance standards
needed to ensure that those properties do not reduce the level of
safety intended by the regulations. They address the use of large glass
items installed in occupied rooms or areas during taxi, take off, and
landing, or rooms or areas that occupants do have to enter or pass
through to get to any emergency exit.
    The proposed special conditions define a large glass component
threshold of 4 kg, which is based on an assessment of the mass
dislodged during a high ``g'' level (as defined in Sec.  25.562) event.
Groupings of glass components that total more than 4 kg would also need
to be included. The applicable performance standards in the regulations
for the installation of these components also apply and should not
adversely affect the standards provided below. For example, heat
release and smoke density testing should not result in fragmentation of
the component.
    For large glass components mounted in a cabin occupied by
passengers or crew that are not otherwise protected from the injurious
effects of failure of the glass component, the following apply:
    Material. The glass used must be tempered or otherwise treated to
ensure that when fractured, it breaks into small pieces with relatively
dull edges. This must be demonstrated by testing to failure. Tests
similar to ANSI/SAE Z26.1 section 5.7, Test 7 would be acceptable.
    Fragmentation. The glass component construction must control the
fragmentation of the glass to minimize the danger from flying glass
shards or pieces. Impact and puncture testing to failure must
demonstrate this. Tests similar to ANSI/SAE Z26.1 section 5.9, Test 9
adjusted to ensure cracking the glass would be acceptable.
    Strength. The glass component, as installed in the airplane, must
be strong enough to meet the load requirements for all flight and
landing loads and all of the emergency landing conditions in subparts C
and D of part 25. In addition, glass components that are located such
that they are not protected from contact with cabin occupants must be
designed for abusive loading without failure, such as impact from
service carts, or occupants stumbling into, leaning against, sitting
on, or performing other intentional or unintentional forceful contact.
This must be demonstrated by static structural testing to ultimate load
except that the critical loading condition must be tested to failure.
The tested glass component must have all features that affect component
strength, such as etched surfaces, cut or engraved designs, holes, and
so forth.
    Retention. The glass component, as installed in the airplane, must
not come free of its restraint or mounting system in the event of an
emergency landing. Based on the characteristics of a large glass
component, dynamic tests should be performed to demonstrate that the
occupants would be protected up to the load levels required by the
certification basis of the airplane. A single test for the most
critical loading for the installed component would be sufficient. This
may be accomplished by using already accepted methods for dynamic
testing.
    Analysis may be used in lieu of testing if the applicant has
validated the strength models and dynamic simulation models used
against static tests to failure and dynamic testing to the above
requirements and can predict structural failure and dynamic response
and inertial load. The glass material properties must meet Sec.
25.613, ``Material strength properties and material design values.''
The effect of design details, such as geometric discontinuities or
surface finish, must be accounted for in the test/analysis.

Applicability

    As discussed above, these special conditions are applicable to the
Boeing Model 737-800. Should Lufthansa Technik apply at a later date
for a supplemental type certificate to modify any other model included
on Type Certificate No. A16WE to incorporate the same novel or unusual
design feature, the special conditions would apply to that model as
well.
    Certification of the Boeing Model 737-800 is currently scheduled
for June 2012. The substance of these special conditions has been
previously subject to the notice and public-comment procedure.
Therefore, because a delay would significantly affect both the
applicant's installation of the system and certification of the
airplane, we are shortening the public-comment period to 20 days.

Conclusion

    This action affects only certain novel or unusual design features
on one model of airplanes. It is not a rule of general applicability,
and it affects only the applicant who applied to the FAA for approval
of these features on the airplane.

List of Subjects in 14 CFR Part 25

    Aircraft, Aviation safety, Reporting and recordkeeping
requirements.

    The authority citation for these special conditions is as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701, 44702, 44704.

The Proposed Special Conditions

    Accordingly, the Federal Aviation Administration (FAA) proposes the
following special conditions as part of the type certification basis
for Boeing Model 737-800 airplanes modified by Lufthansa Technik AG.
For these special conditions, a large glass component is 4 kg
(approximately 10 pounds) and greater in mass, or a grouping of glass
components that total more than 4 kg.
    1. Boeing Model 737-800 Airplane; Large Non-Structural Glass in the
Passenger Compartment. The airplane is not operated for hire or offered
for common carriage. This provision does not preclude the operator from
receiving remuneration to the extent consistent with 14 CFR parts 125
and 91, subpart F, as applicable.
    2. Material Fragmentation. The glass used to fabricate the
component must be tempered or treated to ensure that, when fractured,
it breaks into small pieces with relatively dull edges. In addition, it
must be shown that fragmentation of the glass is controlled to reduce
the danger from flying glass shards or

pieces. This must be demonstrated by testing to failure.
    3. Component Strength. The glass component must be strong enough to
meet the load requirements for all flight and landing loads including
any of the applicable emergency landing conditions in subparts C and D
of part 25. Abuse loading without failure, such as impact from
occupants stumbling into, leaning against, sitting on, or performing
other intentional or unintentional forceful contact, must also be
demonstrated. This must be demonstrated by static structural testing to
ultimate load, except that the critical loading condition must be
tested to failure in the as-installed condition. The tested glass must
have all features that affect component strength, such as etched
surfaces, cut or engraved designs, holes, and so forth. Glass pieces
must be non-hazardous.
    4. Component Retention. The glass component, as installed in the
airplane, must not come free of its restraint or mounting system in the
event of an emergency landing. A test must be performed to demonstrate
that the occupants would be protected from the effects of the component
failing or becoming free of restraint under dynamic loading. The
dynamic loading of Sec.  25.562(b)(2) is considered an acceptable
dynamic event. The applicant may propose an alternate pulse; however,
the impulse and peak load may not be less than that of Sec.
25.562(b)(2). As an alternative to a dynamic test, static testing may
be used if the loading is assessed as equivalent as or more critical
than a dynamic test, based upon validated dynamic analysis. Both the
primary directional loading and rebound conditions need to be assessed.
    5. Instructions for Continued Airworthiness. The instructions for
continued airworthiness will reflect the fastening method used and will
ensure the reliability of the methods used (e.g., life limit of
adhesives, or clamp connection). Inspection methods and intervals will
be defined based upon adhesion data from the manufacturer of the
adhesive or actual adhesion test data, if necessary.

    Issued in Renton, Washington, on May 1, 2012.
Michael J. Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-11697 Filed 5-14-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 207 (Monday, October 26, 2020)]
[Notices]
[Pages 67726-67727]
[FR Doc No: 2020-23642]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

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

    Docket Numbers: EC21-9-000.
    Applicants: Wind Wall 1 LLC, Cubico Wind Wall Holdings, LLC.
    Description: Application for Authorization Under Section 203 of the
Federal Power Act, et al.
    Filed Date: 10/19/20.
    Accession Number: 20201019-5121.
    Comments Due: 5 p.m. ET 11/9/20.

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

    Docket Numbers: ER12-1933-012; ER12-1934-010.
    Applicants: Interstate Power and Light Company, Wisconsin Power and
Light Company.
    Description: Notification of Change in Status of Interstate Power
and Light Company, et al.
    Filed Date: 10/16/20.
    Accession Number: 20201016-5259.
    Comments Due: 5 p.m. ET 11/6/20.

    Docket Numbers: ER19-2546-001.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Midcontinent Independent System Operator, Inc. submits
tariff filing per 35.19a(b): Refund Report Tuscola Wind II to be
effective N/A.

    Filed Date: 10/16/20.
    Accession Number: 20201016-5230.
    Comments Due: 5 p.m. ET 11/6/20.

    Docket Numbers: ER20-1863-002.
    Applicants: Ingenco Wholesale Power, L.L.C.
    Description: Tariff Amendment: Response to Deficiency Letter in
Docket ER20-1863 to be effective 6/1/2020.
    Filed Date: 10/20/20.
    Accession Number: 20201020-5002.
    Comments Due: 5 p.m. ET 11/10/20.

    Docket Numbers: ER20-2591-001.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Tariff Amendment: 2020-10-20_Deficiency Response to
Aggregator of Retail Customers (ARCs) Filing to be effective 9/30/2020.
    Filed Date: 10/20/20.
    Accession Number: 20201020-5068.
    Comments Due: 5 p.m. ET 11/10/20.

    Docket Numbers: ER21-145-000.
    Applicants: Tri-State Generation and Transmission Association, Inc.
    Description: Sec.  205(d) Rate Filing: Filing of Rate Schedule FERC
Nos. 313 and 314 to be effective 10/20/2020.
    Filed Date: 10/19/20.
    Accession Number: 20201019-5085.
    Comments Due: 5 p.m. ET 11/9/20.

    Docket Numbers: ER21-146-000.
    Applicants: Duke Energy Progress, LLC.
    Description: Sec.  205(d) Rate Filing: DEP--Recovery of CertainTeed
Liquidated Damages Payments to be effective 12/19/2020.
    Filed Date: 10/19/20.
    Accession Number: 20201019-5091.
    Comments Due: 5 p.m. ET 11/9/20.

    Docket Numbers: ER21-147-000.
    Applicants: El Paso Electric Company.
    Description: Sec.  205(d) Rate Filing: Service Agreement No. 337,
EPE-TEP Pseudo-Tie Agreement to be effective 10/21/2020.
    Filed Date: 10/20/20.
    Accession Number: 20201020-5001.
    Comments Due: 5 p.m. ET 11/10/20.

    Docket Numbers: ER21-148-000.
    Applicants: Pacific Gas and Electric Company.
    Description: Application for Proposed Cost Allocation Methodology
for Standby Electric Customers of Pacific Gas and Electric Company.
    Filed Date: 10/16/20.
    Accession Number: 20201016-5233.
    Comments Due: 5 p.m. ET 11/6/20.

    Docket Numbers: ER21-149-000.
    Applicants: ColumbiaGrid.
    Description: Notice of Cancellation for Rate Schedule No. 1 of
ColumbiaGrid.
    Filed Date: 10/16/20.
    Accession Number: 20201016-5246.
    Comments Due: 5 p.m. ET 11/6/20.

    Docket Numbers: ER21-150-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Amendment to ISA, SA No.
4463; Queue No. Z2-108 to be effective 4/25/2016.
    Filed Date: 10/20/20.
    Accession Number: 20201020-5021.
    Comments Due: 5 p.m. ET 11/10/20.

    Docket Numbers: ER21-151-000.
    Applicants: Niagara Mohawk Power Corporation, New York Independent
System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: E&P Agreement between
Niagara Mohawk and LS Power Grid New York Corporation I to be effective
9/21/2020.
    Filed Date: 10/20/20.
    Accession Number: 20201020-5028.
    Comments Due: 5 p.m. ET 11/10/20.

    Docket Numbers: ER21-152-000.
    Applicants: Public Service Company of Colorado.
    Description: eTariff filing per 10 (Replaces 20201019-5077):
Amended and Restated Transmission Services Agreement to be effective 1/
1/2021.
    Filed Date: 10/20/20.
    Accession Number: 20201020-5040.
    Comments Due: 5 p.m. ET 11/10/20.

    Docket Numbers: ER21-154-000.
    Applicants: New York Independent System Operator, Inc., New York
State Electric & Gas Corporation.
    Description: Sec.  205(d) Rate Filing: SGIA 2562 among NYISO, NYSEG
and Orangeville Energy Storage to be effective 10/6/2020.
    Filed Date: 10/20/20.
    Accession Number: 20201020-5042.
    Comments Due: 5 p.m. ET 11/10/20.

    Docket Numbers: ER21-155-000.
    Applicants: Southern California Edison Company.
    Description: Sec.  205(d) Rate Filing: DSA Wildcat I Energy Storage
LLC--Wildcat I Energy Storage & Cancel Letter Agmt. to be effective 11/
15/2020.
    Filed Date: 10/20/20.
    Accession Number: 20201020-5054.
    Comments Due: 5 p.m. ET 11/10/20.

    Docket Numbers: ER21-156-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: First Revised ISA, Service
Agreement No. 4506; Queue No. AF1-026 to be effective 9/21/2020.
    Filed Date: 10/20/20.
    Accession Number: 20201020-5066.
    Comments Due: 5 p.m. ET 11/10/20.

    Docket Numbers: ER21-157-000.
    Applicants: Tri-State Generation and Transmission Association, Inc.
    Description: Sec.  205(d) Rate Filing: Certificate of Concurrence
for Amended and Restated Service Agreement No. 814 to be effective 1/1/
2021.
    Filed Date: 10/20/20.
    Accession Number: 20201020-5067.
    Comments Due: 5 p.m. ET 11/10/20.

    Docket Numbers: ER21-158-000.
    Applicants: Aera Energy LLC.
    Description: Tariff Cancellation: Notice of Cancellation to be
effective 10/21/2020.
    Filed Date: 10/20/20.
    Accession Number: 20201020-5073.
    Comments Due: 5 p.m. ET 11/10/20.

    Docket Numbers: ER21-159-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: First Revised ISA, Service
Agreement No. 4348; Queue No. AF1-027 to be effective 9/21/2020.
    Filed Date: 10/20/20.
    Accession Number: 20201020-5077.
    Comments Due: 5 p.m. ET 11/10/20.

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

    Dated: October 20, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-23642 Filed 10-23-20; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: May 23, 2006 (Volume 71, Number 99)]
[Notices]
[Page 29621-29623]
[DOCID:fr23my06-38]

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ENVIRONMENTAL PROTECTION AGENCY

[AMS-FRL-8173-3]

California State Nonroad Engine and Vehicle Pollution Control
Standards; Authorization of Large Off-Road Spark-Ignition Engine
Standards, Notice of Decision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of decision for authorization of Large Off-Road Spark-
Ignition Engine Standards.

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SUMMARY: EPA today, pursuant to section 209(e) of the Clean Air Act
(Act), 42 U.S.C. 7543(b), is authorizing California to enforce its
regulations setting emission standards and other requirements for large
off-road spark-ignition engines.

ADDRESSES: The Agency's Decision Document, containing an explanation of
the Assistant Administrator's decision, as well as all documents relied
upon in making that decision, including those submitted to EPA by CARB,
are available for public inspection in EPA Air Docket OATR-2004-0404 at
the following address: EPA Docket Center (EPA/DC), Public Reading Room,
Room B102, EPA West Building, 1301 Constitution Avenue NW., Washington,
DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to
4:30 p.m. Monday through Friday, except on government holidays. The Air
Docket telephone number is<PHONE_NUMBER>, and the facsimile number is
(202) 566-1741. You may be charged a reasonable fee for photocopying
docket materials, as provided in 40 CFR part 2.

FOR FURTHER INFORMATION CONTACT: Robert M. Doyle, Attorney-Advisor,
Office of Transportation and Air Quality, (6403J), U.S. Environmental
Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, D.C.
20460 (U.S. mail), 501 3rd Street NW., Washington, DC 20005 (courier
mail). Telephone:<PHONE_NUMBER>, Fax:<PHONE_NUMBER>, E-Mail:
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION:

I. Obtaining Electronic Copies of Documents

    EPA makes available an electronic copy of this Notice on the Office
of Transportation and Air Quality (OTAQ) homepage (http://www.epa.gov/OTAQ
). Users can find this document by accessing the OTAQ homepage and

looking at the path entitled ``Federal Register Notices.'' (This
service is free of charge, except any cost you already incur for
Internet connectivity. Users can also get the official Federal Register
version of the Notice on the day of publication on the primary Web
site: (http://www.epa.gov/docs/fedrgstr/EPA-AIR/) Please note that due

to differences between the software used to develop the documents and
the software into which the documents may be downloaded, changes in
format, page length, etc., may occur.
    Additionally, an electronic version of the public docket is
available through the Federal government's electronic public docket and
comment system. You may access EPA dockets at http://www.regulations.gov After opening the http://www.regulations.gov. Web

site, select ``Environmental Protection Agency'' from the pull-down
Agency list, then scroll to Docket ID EPA-HQ-OAR-2004-0404 to view
documents in the record of the large offroad spark ignition engine
authorization request. Although a part of the official docket, the
public docket does not include Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.

II. Background

(A) Nonroad Authorizations

    Section 209(e)(1) of the Act addresses the permanent preemption of
any State, or political subdivision thereof, from adopting or
attempting to enforce any standard or other requirement relating to the
control of emissions for certain

new nonroad engines or vehicles.\1\ Section 209(e)(2) of the Act allows
the Administrator to grant California authorization to enforce state
standards for new nonroad engines or vehicles which are not listed
under section 209(e)(1), subject to certain restrictions. On July 20,
1994, EPA promulgated a regulation that sets forth, among other things,
the criteria, as found in section 209(e)(2), by which EPA must consider
any California authorization requests for new nonroad engines or
vehicle emission standards (section 209(e) rules).\2\
---------------------------------------------------------------------------

    \1\ Section 209(e)(1) of the Act provides:
    No State or any political subdivision thereof shall adopt or
attempt to enforce any standard or other requirement relating to the
control of emissions from either of the following new nonroad
engines or nonroad vehicles subject to regulation under this Act--
    (A) New engines which are used in construction equipment or
vehicles or used in farm equipment or vehicles and which are smaller
than 175 horsepower.
    (B) New locomotives or new engines used in locomotives.
Subsection (b) shall not apply for purposes of this paragraph.
    \2\ See 59 FR 36969 (July 20, 1994), and regulations set forth
therein, 40 CFR part 85, subpart Q, Sec. Sec.  85.1601-85.1606.
---------------------------------------------------------------------------

    Section 209(e)(2) requires the Administrator, after notice and
opportunity for public hearing, to authorize California to enforce
standards and other requirements relating to emissions control of new
engines not listed under section 209(e)(1).\3\ The section 209(e) rule
and its codified regulations\4\ formally set forth the criteria,
located in section 209(e)(2) of the Act, by which EPA must grant
California authorization to enforce its new nonroad emission standards:
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    \3\ As discussed above, states are permanently preempted from
adopting or enforcing standards relating to the control of emissions
from new engines listed in section 209(e)(1).
    \4\ See 40 CFR part 85, subpart Q, Sec.  85.1605.
---------------------------------------------------------------------------

    40 CFR part 85, subpart Q, Sec.  85.1605 provides:

    (a) The Administrator shall grant the authorization if
California determines that its standards will be, in the aggregate,
at least as protective of public health and welfare as applicable
Federal standards.
    (b) The authorization shall not be granted if the Administrator
finds that:
    (1) The determination of California is arbitrary and capricious;
    (2) California does not need such California standards to meet
compelling and extraordinary conditions; or
    (3) California standards and accompanying enforcement procedures
are not consistent with section 209.
    As stated in the preamble to the section 209(e) rule, EPA has
interpreted the requirement that EPA cannot find ``California standards
and accompanying enforcement procedures are not consistent with section
209'' to mean that California standards and accompanying enforcement
procedures must be consistent with section 209(a), section 209(e)(1),
and section 209(b)(1)(C), as EPA has interpreted that subsection in the
context of motor vehicle waivers.\5\ In order to be consistent with
section 209(a), California's nonroad standards and enforcement
procedures must not apply to new motor vehicles or new motor vehicle
engines. Secondly, California's nonroad standards and enforcement
procedures must be consistent with section 209(e)(1), which identifies
the categories permanently preempted from state regulation.\6\
California's nonroad standards and enforcement procedures would be
considered inconsistent with section 209 if they applied to the
categories of engines or vehicles identified and preempted from State
regulation in section 209(e)(1).
---------------------------------------------------------------------------

    \5\ See 59 FR 36969, 36983 (July 20, 1994).
    \6\ Section 209(e)(1) of the Act has been implemented, See 40
CFR part 85, subpart Q, Sec. Sec.  85.1602, 85.1603.
    Sec.  85.1603 provides in applicable part:
    (a) For equipment that is used in applications in addition to
farming or construction activities, if the equipment is primarily
used as farm and/or construction equipment or vehicles, as defined
in this subpart, it is considered farm or construction equipment or
vehicles. (b) States are preempted from adopting or enforcing
standards or other requirements relating to the control of emissions
from new engines smaller than 175 horsepower, that are primarily
used in farm or construction equipment or vehicles, as defined in
this subpart.
    Sec.  85.1602 provides definitions of terms used in Sec.
85.1603 and states in applicable part:
    Construction equipment or vehicle means any internal combustion
engine-powered machine primarily used in construction and located on
commercial construction sites.
    Farm Equipment or Vehicle means any internal combustion engine-
powered machine primarily used in the commercial production and/or
commercial harvesting of food, fiber, wood, or commercial organic
products or for the processing of such products for further use on
the farm primarily used means used 51 percent or more.
---------------------------------------------------------------------------

    Finally, because California's nonroad standards and enforcement
procedures must be consistent with section 209(b)(1)(C), EPA will
review nonroad authorization requests under the same ``consistency''
criteria that are applied to motor vehicle waiver requests. Under
section 209(b)(1)(C), the Administrator shall not grant California a
motor vehicle waiver if she finds that California ``standards and
accompanying enforcement procedures are not consistent with section
202(a)'' of the Act. Previous decisions granting waivers of Federal
preemption for motor vehicles have stated that State standards are
inconsistent with section 202(a) if there is inadequate lead time to
permit the development of the necessary technology giving appropriate
consideration to the cost of compliance within that time period or if
the Federal and State test procedures impose inconsistent certification
requirements.\7\
---------------------------------------------------------------------------

    \7\ To be consistent, the California certification procedures
need not be identical to the Federal certification procedures.
California procedures would be inconsistent, however, if
manufacturers would be unable to meet both the state and the Federal
requirement with the same test vehicle in the course of the same
test. See, e.g., 43 FR 32182 (July 25, 1978).
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    With regard to enforcement procedures accompanying standards, EPA
must grant the requested authorization unless it finds that these
procedures may cause the California standards, in the aggregate, to be
less protective of public health and welfare than the applicable
Federal standards promulgated pursuant to section 213(a), or unless the
Federal and California certification test procedures are
inconsistent.\8\
---------------------------------------------------------------------------

    \8\ See, e.g., Motor and Equipment Manufacturers Association,
Inc. v. EPA, 627 F.2d 1095, 1111-14 (DC Cir. 1979), cert. denied,
446 U.S. 952 (1980) (MEMA I); 43 FR 25729 (June 14, 1978).
    While inconsistency with section 202(a) includes technological
feasibility, lead time, and cost, these aspects are typically
relevant only with regard to standards. The aspect of consistency
with 202(a) which is of primary applicability to enforcement
procedures (especially test procedures) is test procedure
consistency.
---------------------------------------------------------------------------

    Once California has received an authorization for its standards and
enforcement procedures for a certain group or class of nonroad
equipment engines or vehicles, it may adopt other conditions precedent
to the initial retail sale, titling or registration of these engines or
vehicles without the necessity of receiving an additional
authorization.\9\
---------------------------------------------------------------------------

    \9\ See 43 FR 36679, 36680 (August 18, 1978).
---------------------------------------------------------------------------

    If California acts to amend a previously authorized standard or
accompanying enforcement procedure, the amendment may be considered
within the scope of a previously granted authorization provided that it
does not undermine California's determination that its standards in the
aggregate are as protective of public health and welfare as applicable
Federal standards, does not affect the consistency with section 209 of
the Act, and raises no new issues affecting EPA's previous
authorization determination.\10\
---------------------------------------------------------------------------

    \10\ Decision Document for California Nonroad Engine Regulations
Amendments, Dockets A-2000-05 to 08, entry V-B, p. 28.
---------------------------------------------------------------------------

(B) The Off-Road Large Spark Ignition Engines Regulations Request

    By letter dated February 15, 2000, CARB requested EPA authorization
to enforce California's Off-Road Large Spark Ignition Engine (LSI)

regulations.\11\ The CARB regulations set emission standards for these
engines commencing with model year 2001 for certification and with
model year 2004 for in-use compliance. There are two sets of standards
depending on the size of the engine; one set for LSI engines less than
or equal to 1.0 liters displacement, and the other for LSI engines
greater than 1.0 liters displacement. For the smaller LSI engines, CARB
set standards for HC plus Nox and for CO at static levels for model
year 2002 and beyond, and 100% of a manufacturer's sales must meet the
standards each year. For the larger LSI engines, CARB approved two
tiers of emission levels. For Tier 1, manufacturers are able to phase-
in compliance at certification with 25% of the sales for 2001, 50% for
2003, and 75% for 2003, and manufacturers have no in-use compliance
requirement. For Tier 2, beginning with the 2004 model year,
manufacturers have to meet the standards at certification with 100% of
sales, and are subject to in-use compliance with a less stringent
standards for model years 2004 through 2006 (with an engine durability
period of 3500 hours or 5 years) and full in-use standards for model
years 2007 and beyond (with a durability period of 5000 hours or 7
years).
---------------------------------------------------------------------------

    \11\ These engines are often derived from automobile engines,
although they have less sophisticated fuel and emission control
systems, and are fueled usually by either gasoline or liquified
petroleum gas (LPG). Typical applications for these LSI engines are
forklifts, portable generators, large turf care equipment,
irrigation pumps, welders, air compressors, scrubber/sweepers, and
airport service vehicles. CARB Initial Staff Report, Docket Entry
OAR-2004-0404-0008, p1.
---------------------------------------------------------------------------

    To accompany the new standards, CARB also adopted regulations
requiring manufacturer production line testing (along with CARB
authority to conduct Selective Enforcement Audits), manufacturer
required in-use testing, an in-use emission credit program, permanent
emission labels, and emission warranties. CARB also adopted provisions
to provide relief to small volume manufacturers (annual production
under 2000 engines) basically by delaying the time when they must
comply with in-use standards until 2004.
    EPA offered the opportunity for a public hearing, and requested
public comments, on the CARB authorization request, as the Act requires
us to do, by publication of a Federal Register notice to such effect on
January 12, 2005.\12\ There was no request for a public hearing, nor
were any comments received on the CARB authorization request.
Therefore, EPA has made this determination based on the information
submitted by CARB in its request.
---------------------------------------------------------------------------

    \12\ 70 FR 2151 (January 12, 2005).
---------------------------------------------------------------------------

(C) Authorization Decision

    EPA has decided to grant California authorization to enforce its
regulations setting emission standards and other requirements for large
off-road spark-ignition engines. In its request letter, CARB stated
that these LSI regulations will not cause the California nonroad
standards, in the aggregate, to be less protective of public health and
welfare than the applicable Federal standards. CARB also stated that
California's need for the emission reductions expected from the LSI
regulations remains compelling. Finally, regarding consistency with
section 209, CARB stated that the LSI regulations (1) apply only to
nonroad engines and vehicles and not to motor vehicles or engines, (2)
apply only to those nonroad engines and vehicles which are not included
in the preempted categories, and (3) do not raise any concerns of
inadequate leadtime or technological feasibility or impose any
certification requirements inconsistent with Federal requirements.
    EPA agrees with all CARB findings with regard to the provisions
listed. Additionally, no information was presented to EPA by any party
which would demonstrate that California did not meet the burden of
satisfying the statutory criteria of section 209(e). For these reasons,
EPA authorizes California to enforce these LSI regulations.
    My decision will affect not only persons in California but also the
manufacturers outside the State who must comply with California's
requirements in order to produce nonroad engines and vehicles for sale
in California. For this reason, I hereby determine and find that this
is a final action of national applicability.
    Under section 307(b)(1) of the Act, judicial review of this final
action may be sought only in the United States Court of Appeals for the
District of Columbia Circuit. Petitions for review must be filed by
July 24, 2006. Under section 307(b)(2) of the Act, judicial review of
this final action may not be obtained in subsequent enforcement
proceedings.
    As with past authorization decisions, this action is not a rule as
defined by Executive Order 12866. Therefore, it is exempt from review
by the Office of Management and Budget as required for rules and
regulations by Executive Order 12866.
    In addition, this action is not a rule as defined in the Regulatory
Flexibility Act, 5 U.S.C. 601(2). Therefore, EPA has not prepared a
supporting regulatory flexibility analysis addressing the impact of
this action on small business entities.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, does not
apply because this action is not a rule, for purposes of 5 U.S.C.
804(3).
    Finally, the Administrator has delegated the authority to make
determinations regarding authorizations under section 209(e) of the Act
to the Assistant Administrator for Air and Radiation.

    Dated: May 15, 2006.
William L. Wehrum,
Acting Assistant Administrator for Air and Radiation.
[FR Doc. E6-7834 Filed 5-22-06; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 86 (Wednesday, May 4, 2011)]
[Notices]
[Pages 25340-25342]
[FR Doc No: 2011-10560]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2011-0381 FRL-8872-1]

Fenoxycarb, Sodium Tetrathiocarbonate, and Temephos; Registration
Review Proposed Decisions; Notice of Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: This notice announces the availability of EPA's proposed
registration review decisions for the pesticides listed in the table in
Unit II.A. and opens a public comment period on the proposed decisions.
Registration review is EPA's periodic review of pesticide registrations
to ensure that each pesticide continues to satisfy the statutory
standard for registration, that is, that the pesticide can perform its
intended function without unreasonable adverse effects on human health
or the environment. Through this program, EPA is ensuring that each
pesticide's registration is based on current scientific and other
knowledge, including its effects on human health and the environment.

DATES: Comments must be received on or before July 5, 2011.

ADDRESSES: Submit your comments, identified by the docket
identification (ID) number for the specific pesticide of interest
provided in the table in Unit II.A., by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket Facility's normal hours of operation (8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays).
Special arrangements should be made for deliveries of boxed
information. The Docket Facility telephone number is<PHONE_NUMBER>.

    Instructions: Direct your comments to the docket ID number for the
specific pesticide of interest provided in the table in Unit II.A.
EPA's policy is that all comments received will be included in the
docket without change and may be made available on-line at http://www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through regulations.gov or -mail. The
regulations.gov Web site is an ``anonymous access'' system, which means
EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an e-mail comment
directly to EPA without going through regulations.gov, your e-mail
address will be automatically captured and included as part of the
comment that is placed in the docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the docket index
available at http://www.regulations.gov. Although listed in the index,
some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of
operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal holidays. The Docket Facility telephone
number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: For pesticide specific information,
contact: The Chemical Review Manager (CRM) for the pesticide of
interest identified in the table in Unit II.A.
    For general information on the registration review program,
contact: Kevin Costello, Pesticide Re-evaluation Division (7508P),
Office of Pesticide Programs, Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:
(703) 305-5026; fax number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general, and may be of
interest to a wide range of stakeholders including environmental, human
health, farm worker, and agricultural advocates; the chemical industry;
pesticide users; and members of the public interested in the sale,
distribution, or use of pesticides. Since others also may be
interested, the Agency has not attempted to describe all the specific
entities that may be affected by this action. If you have any questions
regarding the applicability of this action to a particular entity,
consult the CRM listed under FOR FURTHER INFORMATION CONTACT.

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.

II. Background

A. What action is the Agency taking?

    In accordance with 40 CFR 155.58, this notice announces the
availability of EPA's proposed registration review decisions for the
pesticides shown in the following table, and opens a 60-day public
comment period on the proposed decisions.
    Fenoxycarb is an O-ethyl carbamate derivative insecticide used to
control fire ants and big-headed ants on turf, home lawns, agricultural
areas, non-agricultural areas, horse farms, and ornamental nursery
stock, among other areas. Fenoxycarb is also used to control a variety
of insects in greenhouses in a total release fogger product.
    Sodium tetrathiocarbonate is a soil fumigant used for the
management of nematodes and phytophthora root rot, oak root fungus, and
phylloxera. It is registered for use on grapes, citrus, almonds,
peaches, prunes, and plums only in the states of Arizona, California,
Oregon, and Washington.
    Temephos is a non-systemic organophosphate insecticide which is
applied to standing water, shallow ponds, lakes, woodland pools, tidal
waters, marshes, swamps, waters high in organic content, highly
polluted water, catch basins (and similar areas where mosquitoes may
breed), stream margins, and intertidal zones of sandy beaches. Target
pests include aquatic larvae of mosquitoes, midges, gnats, punkies, and
sandflies.

           Table--Registration Review Proposed Final Decisions
------------------------------------------------------------------------
                                                    CRM name, telephone
 Registration review case name   Pesticide docket     number,  e-mail
          and number                  ID No.              address
------------------------------------------------------------------------
Fenoxycarb, Case No. 7401.....  EPA-HQ-OPP-2006-0  Dana Friedman, (703)
<PHONE_NUMBER>,
<EMAIL_ADDRESS>Sodium Tetrathiocarbonate,      EPA-HQ-OPP-2007-1  Katherine St. Clair,
 Case No. 7009.                  084.<PHONE_NUMBER>,
<EMAIL_ADDRESS>Temephos, Case No. 0006.......  EPA-HQ-OPP-2008-0  Katherine St. Clair,
                                 444.<PHONE_NUMBER>,
<EMAIL_ADDRESS>------------------------------------------------------------------------

    The registration review docket for a pesticide includes earlier
documents related to the registration review of the case. For example,
the review opened with the posting of a Summary Document, containing a
Preliminary Work Plan, for public comment. A Final Work Plan was posted
to the docket following public comment on the initial docket.
    As stated in the fenoxycarb, sodium tetrathiocarbonate, and
temephos Preliminary Work Plans and Final Work Plans for registration
review, the Agency had intended to revise the existing risk
assessments. However, after the publication of the Final Work Plans,
pursuant to section 6(f)(1) of the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA), as amended, the Agency announced receipt of
requests to voluntarily cancel all fenoxycarb, sodium
tetrathiocarbonate, and temephos product registrations from the
registrants of these pesticides. After a 30-day comment period, the EPA
granted the voluntary cancellation requests, establishing effective
cancellation dates for all of the products registered for use in the
United States containing the active ingredient, fenoxycarb on December
31, 2012 (December 30, 2010, 75 FR 82387) (FRL-8854-8), sodium
tetrathiocarbonate on February 25, 2011 (February 25, 2011, 76 FR
10587) (FRL-8863-4), and temephos on December 31, 2015 (February 25,
2011, 76 FR 10587) (FRL-8863-4).
    Following public comment, the Agency will issue final registration
review decisions for products containing the pesticides listed in the
table in Unit II.A.
    The registration review program is being conducted under
congressionally mandated time frames, and EPA recognizes the need both
to make timely decisions and to involve the public. Section 3(g) of the
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as
amended, required EPA to establish by regulation procedures for
reviewing pesticide registrations, originally with a goal of reviewing
each pesticide's registration every 15 years to ensure that a pesticide
continues to meet the FIFRA standard for registration. The Agency's
final rule to implement this program was issued in August 2006 and
became effective in October 2006, and appears at 40 CFR part 155,
subpart C. The Pesticide Registration Improvement Act of 2003 (PRIA)
was amended and extended in September 2007. FIFRA, as amended by PRIA
in 2007, requires EPA to complete registration review decisions by
October 1, 2022, for all pesticides registered as of October 1, 2007.
    The registration review final rule at 40 CFR 155.58(a) provides for
a minimum 60-day public comment period on all proposed registration
review decisions. This comment period is intended to provide an
opportunity for public input and a mechanism for initiating any
necessary amendments to the proposed decision. All comments should be
submitted using the methods in ADDRESSES, and must be received by EPA
on or before the closing date. These comments will become part of the
docket for the pesticides included in the table in Unit II.A. Comments
received after the close of the comment period will be marked ``late.''
EPA is not required to consider these late comments.
    The Agency will carefully consider all comments received by the
closing date and will provide a ``Response to Comments Memorandum'' in
the docket. The final registration review decision will explain the
effect that any comments had on the decision and provide the Agency's
response to significant comments.
    Background on the registration review program is provided at:
http://www.epa.gov/oppsrrd1/registration_review. Links to earlier
documents related to the registration review of these pesticides are
provided at: http://www.epa.gov/oppsrrd1/registration_review/reg_review_status.htm.

B. What is the Agency's authority for taking this action?

    Section 3(g) of FIFRA and 40 CFR part 155, subpart C, provide
authority for this action.

List of Subjects

    Environmental protection, Administrative practice and procedure,
Pesticides and pests.

    Dated: April 22, 2011.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2011-10560 Filed 5-3-11; 8:45 am]
BILLING CODE 6560-50-P