[Federal Register: July 8, 2009 (Volume 74, Number 129)]
[Rules and Regulations]
[Page 32423-32426]
[DOCID:fr08jy09-11]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-1116; Directorate Identifier 2007-NM-231-AD;
Amendment 39-15954; AD 2009-14-04]
RIN 2120-AA64

Airworthiness Directives; Boeing Model 737-100, -200, -200C, -
300, -400, and -500 Series Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Boeing Model 737-100, -200, -200C, -300, -400, and -500 series
airplanes. For certain airplanes, this AD requires deactivating or
modifying the wiring to the outboard landing lights, until the wire
bundles and electrical connectors have been replaced. For all
airplanes, this AD also requires inspecting for any broken, damaged, or
missing fairleads, grommets, and wires in the four electrical junction
boxes of the main wheel well, and corrective actions if necessary. For
certain airplanes, this AD also requires replacing certain wire bundles
for the landing lights and fuel shutoff valves, and related
investigative, other specified, and corrective actions if necessary.
For certain airplanes, this AD also requires replacing of certain
electrical connectors and backshell clamps. This AD results from
reports of uncommanded engine shutdowns and burned and damaged wire
bundles associated with the outboard landing lights and engine fuel
shutoff valves. This AD also results from reports of damaged and
missing grommets and broken and damaged fairleads in the electrical
junction boxes of the main wheel well. We are issuing this AD to
prevent a hot short between the outboard landing light and fuel shutoff
valve circuits, which could result in an uncommanded engine shutdown.
We are also issuing this AD to prevent corrosion of the electrical
connectors of the wing rear spars, which could result in short circuits
and consequent incorrect functioning of airplane systems needed for
safe flight and landing.

DATES: This AD is effective August 12, 2009.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in the AD as of August 12,
2009.

ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone 206-
544-5000, extension 1; fax<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>
Internet https://www.myboeingfleet.com.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; 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 AD, the regulatory evaluation,
any comments received, and other information. The address for the
Docket Office (telephone<PHONE_NUMBER>) is the Document Management
Facility, U.S. Department of Transportation, Docket Operations, M-30,
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Stephen Oshiro, Aerospace Engineer,
Systems and Equipment Branch, ANM-130S, FAA, Seattle Aircraft
Certification Office, 1601 Lind Avenue, SW., Renton, Washington 98057-
3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an airworthiness directive (AD) that would apply to
certain Boeing Model 737-100, -200, -200C, -300, -400, and -500 series
airplanes. That NPRM was published in the Federal Register on October
22, 2008 (73 FR 62937). That NPRM proposed to require deactivating or
modifying of the wiring to the outboard landing lights, until the wire
bundles and electrical connectors have been replaced. For all
airplanes, that NPRM proposed to require inspecting for any broken,
damaged, or missing fairleads, grommets, and wires in the four
electrical junction boxes of the main wheel well, and corrective
actions if necessary. For certain airplanes, that NPRM also proposed to
require replacing of certain wire bundles for the landing lights and
fuel shutoff valves, and related investigative, other specified, and
corrective actions if necessary. For certain airplanes, that NPRM also
proposed to require replacing certain electrical connectors and
backshell clamps.

Comments

    We gave the public the opportunity to participate in developing
this AD. We considered the comments received from the two commenters.

Support for the NPRM

    Boeing concurs with the contents of the NPRM.

Request for Work Instructions Correction

    Southwest Airlines states that there appears to be an error in the
work instructions of Boeing Alert Service Bulletin 737-33A1140, dated
May 22, 2006. Figure 2 (left wing) gives instructions to route new
wires, and Figure 4 (right wing) has no work instructions for wire
termination in either figure.
    We infer that Southwest Airlines requests that we revise the final
rule to account for these apparent service bulletin errors and that
clarification is necessary. Instructions for terminating the new wires
are provided by the work instructions associated with Figure 1 (left
wing) and Figure 3 (right wing) in Boeing Alert Service Bulletin 737-
33A1140, dated May 22, 2006. We have not changed the final rule
regarding this issue.

Request Alternative to Corrective Action

    Southwest Airlines proposes that we revise the NPRM to require the
use of detailed inspections of the referenced wire bundles of the
landing lights and fuel shutoff valves, as well as performing
operational checks of these items at 180-day intervals from the
effective date of this AD, as a substitute for the corrective actions
described by paragraph (f) of the proposed AD. The commenter states
that the deactivation of the outboard landing lights per paragraph
(f)(1) of the NPRM would be considered a temporary solution and would
not provide a positive operational situation.
    We disagree. The alternative corrective action proposed by the
commenter will not effectively address the potential unsafe condition
for the following reasons:
    1. The short circuiting of the wires for the landing lights and
engine fuel shutoff valves occurs within the wire bundle, which is
covered by a protective overbraid. It is not possible to visually
inspect the affected wires without partially removing the overbraid and
disturbing the wires, which could cause the wires to be damaged.
    2. Operational testing of the outboard landing lights and the
engine fuel shutoff valves at 180-day intervals will not be effective
in detecting the failures since the short circuits occur suddenly and
are not preceded by symptoms that indicate the onset of the failure.
    3. The corrective actions described by paragraph (f) of this AD are
intended to be a temporary solution to the potential unsafe condition
until sufficient replacement wire bundles can be manufactured to allow
incorporating the final corrective action into the affected airplanes.
The final corrective action is described by paragraph (g) of this AD.
The compliance time for doing the final corrective action required by
paragraph (g) of this AD is within 60 months. Mandating the final
corrective action without the corrective action of paragraph (f) is not
considered acceptable because this would expose the airplanes of the
affected fleet to the potential unsafe condition for an excessive
amount of time.
    We have not changed the final rule regarding this issue. However,
operators may request approval of an alternative method of compliance
in accordance with paragraph (j) of this AD.

Explanation of Changes to Costs of Compliance

    We have revised the Costs of Compliance to specify only the per
product cost for deactivating and modifying the wiring to the outboard
landing lights. We are not specifying the total cost for all affected
airplanes for those two actions because operators may accomplish either
action.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
the AD as proposed.

Costs of Compliance

    We estimate that the actions specified in Boeing Alert Service
Bulletin 737-33A1140 affect about 511 Model 737-300, -400, and -500
series airplanes of U.S. registry. Operators may accomplish either the
deactivation or modification.
    We estimate that it takes about 1 work-hour per product to comply
with the deactivation specified in this AD. The average labor rate is
$80 per work-hour. Based on these figures, we estimate the cost of the
deactivation, if done, to the U.S. operators to be $80 per product.
    We estimate that it takes about 31 work-hours per product to comply
with the modification specified in this AD. The average labor rate is
$80 per work-hour. Required parts for the modification cost about $573
per product. Based on these figures, we estimate the cost of
modification, if done, to the U.S. operators to be $3,053 per product.
    We estimate that the actions specified in Boeing Service Bulletin
737-28-1241, Revision 1, dated August 31, 2007, affect up to 891 Model
737-100, -200, -200C, -300, -400, and -500 series airplanes of U.S.
registry. The following table provides the estimated costs, at an
average labor rate of $80 per work-hour, for U.S. operators to comply
with the actions specified in that service bulletin.

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Number of U.S.-
               Action                            Work-hours                           Parts                  Cost per       registered      Fleet cost
                                                                                airplane        airplanes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Part 1--Replacement of wire bundles.  Up to 91........................  Up to $18,439...................         $25,719             511     $13,142,409
Part 2--Inspection of junction boxes  1...............................  0...............................              80             891          71,280
Part 3--Replacement of electrical     2...............................  298.............................             458             400         183,200
 connectors.
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Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures

the Administrator finds necessary for safety in air commerce. This
regulation is within the scope of that authority because it addresses
an unsafe condition that is likely to exist or develop on products
identified in this rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order
13132. This AD will 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 that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979), and
    (3) 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.
    You can find our regulatory evaluation and the estimated costs of
compliance in the AD Docket.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 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 adding the following new AD:

2009-14-04 Boeing: Amendment 39-15954. Docket No. FAA-2008-1116;
Directorate Identifier 2007-NM-231-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective August 12,
2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Boeing Model 737-100, -200, -200C, -300,
-400, and -500 series airplanes, certificated in any category; as
identified in Boeing Service Bulletin 737-28-1241, Revision 1, dated
August 31, 2007.

Unsafe Condition

    (d) This AD results from reports of uncommanded engine shutdowns
and burned and damaged wire bundles associated with the outboard
landing lights and engine fuel shutoff valves. This AD also results
from reports of damaged and missing grommets and broken and damaged
fairleads in the electrical junction boxes of the main wheel well.
We are issuing this AD to prevent a hot short between the outboard
landing light and fuel shutoff valve circuits, which could result in
an uncommanded engine shutdown. We are also issuing this AD to
prevent corrosion of the electrical connectors of the wing rear
spars, which could result in short circuits and consequent incorrect
functioning of airplane systems needed for safe flight and landing.

Compliance

    (e) Comply with this AD within the compliance times specified,
unless already done.

Deactivating or Modifying the Outboard Landing Lights

    (f) For Model 737-300, -400, and -500 series airplanes
identified in Boeing Alert Service Bulletin 737-33A1140, dated May
22, 2006: Within 180 days after the effective date of this AD,
accomplish the actions specified in either paragraph (f)(1) or
(f)(2) of this AD. Accomplishing the applicable actions required by
paragraph (g) of this AD terminates the requirements of this
paragraph.
    (1) Deactivate the outboard landing lights by accomplishing all
of the actions specified in Part 1 of the Accomplishment
Instructions of Boeing Alert Service Bulletin 737-33A1140, dated May
22, 2006.

    Note 1:  The Master Minimum Equipment List (MMEL) prohibits
dispatching an airplane for night operations with deactivated
outboard landing lights in the event that either of the inboard
landing lights fail. Operators should note that, if the outboard
landing lights are deactivated in accordance with Part 1 of Boeing
Alert Service Bulletin 737-33A1140, dated May 22, 2006, there is no
MMEL relief allowing for this configuration for night operations
should any inboard landing light fail.

    (2) Modify the wiring to the outboard landing lights by
accomplishing all of the actions specified in Part 2 of the
Accomplishment Instructions of Boeing Alert Service Bulletin 737-
33A1140, dated May 22, 2006.

Inspection and Replacements

    (g) For all airplanes: Within 60 months after the effective date
of this AD, do the applicable actions specified in paragraphs
(g)(1), (g)(2), and (g)(3) of this AD, by accomplishing all of the
applicable actions specified in the Accomplishment Instructions of
Boeing Service Bulletin 737-28-1241, Revision 1, dated August 31,
2007. For Model 737-300, -400, and -500 series airplanes identified
in Boeing Alert Service Bulletin 737-33A1140, dated May 22, 2006,
accomplishing the applicable actions required by this paragraph
terminates the requirements of paragraph (f) of this AD.
    (1) Replace the wire bundles for the landing lights and fuel
shutoff valves with new, redesigned wire bundles, and do the related
investigative, other specified, and corrective actions, as
applicable. The related investigative, other specified, and
corrective actions must be done before further flight after the
replacement.
    (2) Do a detailed inspection for any broken, damaged, or missing
fairleads, any damaged or missing grommets, and any chafed or
damaged wires or wire bundles in the four electrical junction boxes
of the main wheel well, and do the applicable corrective actions.
The corrective actions must be done before further flight after the
inspection.
    (3) Replace the electrical connectors and backshell clamps with
new, improved electrical connectors and backshell clamps, as
applicable.

Credit for Actions Done According to Previous Issue of Service Bulletin

    (h) For airplanes identified as Groups 1 and 2 in Boeing Service
Bulletin 737-28-1241, Revision 1, dated August 31, 2007: Actions
done before the effective date of this AD in accordance with Boeing
Service Bulletin 737-28-1241, dated April 7, 2006, are acceptable
for compliance with the requirements of paragraph (g) of this AD.
    (i) For all airplanes: Actions done before the effective date of
this AD in accordance with Part 2 of the Accomplishment Instructions
of Boeing Service Bulletin 737-28-1241, dated April 7, 2006, are
acceptable for compliance with the requirements of paragraph (g)(2)
of this AD.

Alternative Methods of Compliance (AMOCs)

    (j)(1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, ATTN: Stephen Oshiro, Aerospace Engineer, Systems and Equipment
Branch, ANM-130S, FAA, Seattle ACO, 1601 Lind Avenue, SW., Renton,
Washington 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>;
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19.
    (2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
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.

Material Incorporated by Reference

    (k) You must use Boeing Service Bulletin 737-28-1241, Revision
1, dated August 31, 2007; and Boeing Alert Service Bulletin 737-
33A1140, dated May 22, 2006; as applicable; to do the actions
required by this AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact
Boeing Commercial

Airplanes, Attention: Data & Services Management, P.O. Box 3707, MC
2H-65, Seattle, Washington 98124-2207; telephone<PHONE_NUMBER>,
extension 1; fax<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>Internet
https://www.myboeingfleet.com.
    (3) You may review copies of the service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton,
Washington. For information on the availability of this material at
the FAA, call<PHONE_NUMBER> or<PHONE_NUMBER>.
    (4) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call<PHONE_NUMBER>, or go to: http://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.

    Issued in Renton, WA, on June 11, 2009.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-15405 Filed 7-7-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 178 (Friday, September 17, 2021)]
[Notices]
[Pages 51929-51933]
[FR Doc No: 2021-20082]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-92963; File No. SR-CboeEDGX-2021-030]

Self-Regulatory Organizations; Cboe EDGX Exchange, Inc.; Notice
of Filing and Immediate Effectiveness of a Proposed Rule Change To
Amend Rule 13.8 To Introduce a Product To Be Known as ``Cboe Premium
Exchange Tools'' and To Amend Its Fee Schedule To Establish a Fee for a
User Login That Elects To Subscribe to the Cboe Premium Exchange Tools

September 13, 2021.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that, on August 30, 2021, Cboe EDGX Exchange, Inc. (the ``Exchange'' or
``EDGX'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the Exchange. The Exchange
filed the proposal as a ``non-controversial'' proposed rule change
pursuant to Section 19(b)(3)(A)(iii) of the Act \3\ and Rule 19b-
4(f)(6) thereunder.\4\ 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.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    Cboe EDGX Exchange, Inc. (the ``Exchange'' or ``EDGX'') proposes to
amend Rule 13.8 to introduce a new product to be known as ``Cboe
Premium Exchange Tools'' and to amend its Fee Schedule to establish a
fee for a user login that elects to subscribe to the Cboe Premium
Exchange Tools. The text of the proposed rule change is provided in
Exhibit 5.
    The text of the proposed rule change is also available on the
Exchange's website (http://markets.cboe.com/us/options/regulation/rule_filings/edgx/), at the Exchange's Office of the Secretary, and at
the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to adopt Rule 13.8(g) to introduce a new
product to be known as Cboe Premium Exchange Tools, as further
described below, and to amend its Fee Schedule to adopt a monthly fee
assessed to users that elect to subscribe to such Cboe Premium Exchange
Tools, effective August 31, 2021.
Cboe Premium Exchange Tools
    Currently, Members,\5\ Sponsored Participants,\6\ and service
bureaus are leveraging certain value-added tools (i.e., Cboe Premium
Exchange Tools) on the Exchange to obtain certain information free of
charge. Particularly, Cboe Premium Exchange Tools offers an easily
accessible internet-based tool that allows users access to certain
execution information for their firm through a single interface. Now,
the Exchange proposes to adopt Rule 13.8(g) to describe the Cboe
Premium Exchange Tools in its Rules. Specifically, proposed Rule
13.8(g) provides that the Cboe Premium Exchange Tools is a web-based
tool designed to give a subscribing user the ability to track latency
statics of the user's logical order entry ports or execution
information of the Member or a Sponsored Participant of the Member. The
proposed rule also provides that a user may obtain historical reports
of such execution information, as further described below.\7\ Cboe
Premium Exchange Tools is currently comprised of the following three
reports: (i) Trade data report,\8\ (ii)

latency statistics report,\9\ and (iii) volume history report.\10\
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    \5\ See Exchange Rule 1.5(n).
    \6\ See Exchange Rule 1.5(z).
    \7\ All information available to Members as described herein is
historical information.
    \8\ Trade Data Reports may be obtained by a Member, or if
authorized to do so a Sponsored Participant.
    \9\ Latency Statistics Reports may be obtained by a Member,
Sponsored Participant or service bureaus as it relates to their
respective logical order entry ports.
    \10\ Volume History Reports may be obtained by a Member.
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Trade Data Report
    The trade data report offers the ability for a user to view and/or
export its Member's and, if applicable, a Sponsored Participant of the
Member, granular execution detail.\11\ Specifically, the report
currently includes the following information: Date, time, Member
identifier, clearing member identifier, session, order identification,
symbol, side (i.e., buy, sell, sell short), price, quantity, capacity
(e.g., agent, principal), liquidity indicator (i.e., adder or remover
of liquidity), order type,\12\ indicator as to whether order set or
joined the national best bid or offer (``NBBO''),\13\ and associated
fee code(s). The information is provided in order to aid Members in
conducting their own reconciliations and assist in report generation,
and, unlike the Volume History Report, is available on an execution-by-
execution basis.
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    \11\ Sponsored Participants may also subscribe to the Trade Data
Report, provided that its Sponsoring Member provides the Exchange
authorization to do so. Trade Data Reports provided to Sponsored
Participants only include execution detail related to the Sponsored
Participant.
    \12\ See Exchange Rule 11.8.
    \13\ Hidden orders that neither set or join the NBBO are
identified as such within the report.
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Latency Statistics Report
    The latency statistics report offers functionality to view latency
statistics relating to logical order entry ports, including a Member's
orders, acknowledgements, and cancels, including roundtrip data from
into the edge network device and back, which accounts for latency
within the Exchange order gateways and matching engines. Specifically,
the latency statistics report includes the following information: (i)
The roundtrip time between the order entering the Exchange's network
and the time the order acknowledgement leaves the Exchange's network,
(ii) the roundtrip time between an order cancellation request and the
time the order cancellation request acknowledgement leaves the
Exchange's network, (iii) the roundtrip time between an order entering
the Exchange's network and the time that the order appears on the
Multicast PITCH feed, (iv) the roundtrip time for a Transmission
Control Protocol (``TCP'') \14\ message sent by the Exchange to be
acknowledged by the Member, and (v) averages a Member can expect for
items (i) through (iii) across their own ports and across the entire
system (i.e., across all Members). A Member, service bureau, or
Sponsored Participant may view the latency statistics for orders that
they send to the Exchange through their own respective logical order
entry ports. The information included in the latency statistics report
is designed to give users insight into the performance characteristics
of their logical order entry ports.
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    \14\ TCP is a communications standard that enables application
programs and computing devises to exchange messages over a network.
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Volume History Report
    The volume history report provides users the functionality to view
the Member's, high level volume history on the Exchange, as well as
more granular added, removed, and routed orders at a per Tape and MPID
level or a per security level for the purpose of tracking and measuring
outcomes.\15\ The tools offer functionality to allow a user to view
aggregated volume history reports on behalf of the Member or a
Sponsored Participant of the Member for the purpose of firm or client-
level reporting, administration, and risk management.
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    \15\ Information included in the Volume History Report includes
all activity, including that executed on behalf of Sponsored
Participants. Execution volume made on behalf of a Sponsored
Participant is not delineated within the Volume History Report.
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Cboe Premium Exchange Tools Fee
    The Exchange also proposes to adopt a fee applicable to users that
subscribe to the proposed Cboe Premium Exchange Tools. Specifically, as
proposed, the Exchange would assess a monthly fee of $40 for each user
login that subscribes to any of the reports and services that comprise
the Cboe Premium Exchange Tools. As discussed above, Premium Exchange
Tools provides users with an easily accessible tool that allows them to
access certain execution and latency information from a single
interface and provides such information in a convenient, user-friendly
format. Further, a number of enhancements have recently been made to
the various reports and services included in the Cboe Premium Exchange
Tools. For example, the trade data report has recently been enhanced to
provide timestamps with microsecond granularity for added detail on a
per trade basis. Therefore, the Exchange believes the assessment of
such a fee aligns with the additional value and benefits provided to
users that choose to subscribe to the Cboe Premium Exchange Tools. The
Exchange also believes that the proposal is appropriate to balance the
Exchange resource requirements in creating, managing, and supporting
the services and reports provided by the Cboe Premium Exchange Tools.
    The Cboe Premium Exchange Tools fee will be assessed to a user for
the entire month regardless of when the user receives access to the
Premium Exchange Tools. If a user obtains or cancels a subscription to
the Cboe Premium Exchange Tools on or after the first business day of
the month, the user will be required to pay the entire Cboe Premium
Exchange Tools fee for that month.
    The Exchange anticipates a number of users will subscribe to the
Cboe Premium Exchange Tools. It is a completely voluntary product, in
that the Exchange is not required by any rule or regulation to make the
reports or services available and that potential subscribers may
purchase it only if they voluntarily choose to do so. Further, the
Exchange notes that other exchanges offer similar products.\16\
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    \16\ See the ``TradeInfo Fees'' offered on the Nasdaq Stock
Exchange (``Nasdaq''), Nasdaq BX, Inc. (``Nasdaq BX''), and the
Nasdaq PHLX LLC (``Phlx''), each of which assess a fee of $95 per
user per month.
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2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of Section 6(b) of the Act.\17\ Specifically, the
Exchange believes the proposed rule change is consistent with Section
6(b)(4) of the Act,\18\ which requires that Exchange rules provide for
the equitable allocation of reasonable dues, fees, and other charges
among its Members and other persons using its facilities. The Exchange
also believes the proposed rule change is consistent with the Section
6(b)(5) \19\ requirements that the rules of an exchange be designed to
prevent fraudulent and manipulative acts and practices, to promote just
and equitable principles of trade, to foster cooperation and
coordination with persons engaged in regulating, clearing, settling,
processing information with respect to, and facilitating transactions
in securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system, and, in general, to
protect

investors and the public interest. Additionally, the Exchange believes
the proposed rule change is consistent with the Section 6(b)(5) \20\
requirement that the rules of an exchange not be designed to permit
unfair discrimination between customers, issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78f(b).
    \18\ 15 U.S.C. 78f(b)(4).
    \19\ 15 U.S.C. 78f(b)(5).
    \20\ Id.
---------------------------------------------------------------------------

    The Exchange believes the proposal to adopt 13.8(g) to provide for
the Cboe Premium Exchange Tools is reasonable for several reasons.
First, certain of the underlying information available via the Cboe
Premium Exchange Tools is otherwise generally available to users. While
the proposal provides a value-added service by setting forth such
information in a user-friendly format, the underlying data included in
the trade data report and volume history report contains general
Member-specific execution information to which a Member would have
access to without subscribing to Premium Exchange Tools, (e.g., via
their own order entry ports which include Member-provided order
instructions, exchange-sent acknowledgement messages, and drop copies).
Moreover, the data included in the trade data report and volume history
report is substantially similar to data offered in the Nasdaq TradeInfo
tool, which provides detailed data on the status of orders executions,
cancels and breaks, and generates reports for download, and allows the
member to cancel or correct open orders.\21\
---------------------------------------------------------------------------

    \21\ See Securities and Exchange Act No. 90772 (December 22,
2020) 85 FR 86632 (December 30, 2020) (SR-NASDAQ-2020-088) (Proposed
rule change describing the withdrawal of Nasdaq's QView product from
sale and that the information included therein will continue to be
available via TradeInfo).
---------------------------------------------------------------------------

    While certain underlying data included in the latency statistics
report such as latency averages across the System is not otherwise
available to Members, or where applicable, Sponsored Participants, or
service bureaus, the Exchange notes such users can obtain similar
information on their own latency statistics relating to their orders,
acknowledgements, TCP messages, and cancels, including roundtrip data
from out of their edge network device and back without subscribing to
Premium Exchange Tools. Particularly, users are able to calculate these
latencies on their own servers as the underlying transaction
information is timestamped, which would similarly account for the
latency throughout the Exchange side of the network (i.e., the Exchange
does not believe latency statistics calculated by users themselves
would be materially different from the Exchange's calculations). The
Exchange notes that although latency information related to averages
across the system would not otherwise be available to Members,
Sponsored Participants or service bureaus absent subscribing to Premium
Exchange Tools, providing users such information is not novel as
similar information was historically made available in an offering by
Nasdaq. Specifically, prior to its decommission in December of 2020,
Nasdaq provided summary latency statistics via its QView tool which
provided members that subscribed to QView Latency Optics add-on service
the ability to monitor three types of latency for order messages and
compare that latency to the average on the Nasdaq System.\22\ The
specific latency statistics included: (i) The roundtrip time between
order entry and receipt of acknowledgement; (ii) roundtrip time between
order entry and the time that the order appears on the TotalView ITCH
multicast feed; and (iii) the roundtrip time between the entry of an
order cancellation request and the time that the message in reply is
received by the client device.\23\ Similarly as noted above, the
Exchange's proposed latency statistics report provides users averages
across the entire System for three types of latency: (i) The roundtrip
time between the order entering the Exchange's network and the time the
order acknowledgement leaves the Exchange's network, (ii) the roundtrip
time between an order cancellation request and the time the order
cancellation request acknowledgement leaves the Exchange's network,
(iii) the roundtrip time between an order entering the Exchange's
network and the time that the order appears on the Multicast PITCH
feed. Even after QView was decommissioned, the underlying data needed
to generate the latency statistics (other than for averages across the
Nasdaq system) for each member was and continues to be available via
the Nasdaq TradeInfo tool.\24\
---------------------------------------------------------------------------

    \22\ See Securities Exchange Act Release No. 68617 (January 10,
2013), 78 FR 3480 (January 16, 2013) (SR-Nasdaq-2013-005)
(introducing the Latency Optics add-on). See also Securities
Exchange Act Release No. 82003 (November 2, 2017), 82 FR 51894
(November 8, 2017) (SR-Nasdaq-2017-113) (proposed rule change that
also describes the Latency Optics add-on service, which provided,
among other things, subscribing members the ability to compare their
latency to the average of the Nasdaq system).
    \23\ Id.
    \24\ Nasdaq similarly noted that users of TradeInfo are able to
calculate latencies included in the Latency Optics add-on service as
the underlying transaction information is timestamped. See
Securities and Exchange Act No. 90772 (December 22, 2020) 85 FR
86632 (December 30, 2020) (SR-NASDAQ-2020-088).
---------------------------------------------------------------------------

    The Exchange believes that the proposed fee for the Cboe Premium
Exchange Tools is consistent with the Act in that it is reasonable,
equitable, and not unfairly discriminatory. In particular, the Exchange
believes that the proposed fee is reasonable because it is reasonably
aligned with the value and benefits provided to users that choose to
subscribe to the Cboe Premium Exchange Tools on the Exchange. As
discussed above, Premium Exchange Tools provides users with an easily
accessible tool that allows them to access certain execution and
latency information from a single interface and provides such
information in a convenient, user-friendly format. Also as described
above, information provided by Premium Exchange Tools relates to the
subscribing user's activity on the Exchange, and users may generally
access and aggregate this information by other means, including its own
internal systems, without a subscription to Premium Exchange Tools. As
such, the Exchange believes that if a user determines that the fee is
not cost-efficient for its needs, it may decline to subscribe to
Premium Exchange Tools and access such information from other sources.
Indeed, the Cboe Premium Tools is a completely voluntary product, and
the Exchange is not required by any rule or regulation to offer the
reports or services provided under the Cboe Premium Exchange Tools.
Nonetheless, such tools may be beneficial to Members and non-Members as
they provide various value-added Exchange reports and services.
Providing the Cboe Premium Exchange Tools to users requires the
Exchange to allocate additional resources to create, manage, and
support the services and reports. Therefore, the Exchange believes that
it is reasonable to assess a modest fee to users that subscribe to the
Cboe Premium Exchange Tools.
    The Exchange further believes the proposed fee is reasonable
because the amount assessed is less than the analogous fees charged by
Nasdaq, Nasdaq BX, and PHLX. The TradeInfo product offered by the
aforementioned exchanges provides users the status of orders,
executions, cancels and breaks, and provides the ability to cancel
orders. Further, to view a variety of trading data, users can generate
several different types of reports such as execution reports.\25\ As
described above, the Cboe Premium Exchange Tools will offer similar
data to that provided by Nasdaq, Nasdaq BX, and PHLX while, the
Exchange's proposed fee for the

Cboe Premium Tools at $40 per month per user, is lower than each of the
Nasdaq, Nasdaq BX, and PHLX fees for similar information which charge
$95 per user.
---------------------------------------------------------------------------

    \25\ See https://www.nasdaqtrader.com/Trader.aspx?id=tradeinfo.
---------------------------------------------------------------------------

    The Exchange believes that the proposed fee is equitable and not
unfairly discriminatory because it will apply to all Members and non-
Members that choose to subscribe to the Cboe Premium Exchange Tools
equally. As stated, the services and reports provided by the Cboe
Premium Exchange Tools are completely optional and not necessary for
trading. Rather, the Exchange voluntarily makes the Cboe Premium
Exchange Tools available and users may choose to subscribe (and pay
for) the Cboe Premium Exchange Tools based on their own individual
business needs. Potential subscribers may subscribe to Cboe Premium
Exchange Tools at any time if they believe it to be valuable or may
decline to purchase such services and reports.

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 because the proposed Cboe
Premium Exchange Tools will be available equally to all Members and
non-Members that choose to subscribe to such tools. As stated, the Cboe
Premium Exchange Tools are optional and Members and non-Members may
choose to subscribe to such tools, or not, based on their view of the
additional benefits and added value provided by utilizing the reports
or services offered by the Cboe Premium Exchange Tools.
    Next, the Exchange believes the proposed rule change does not
impose any burden on intermarket competition that is not necessary or
appropriate in furtherance of the purposes of the Act. As previously
discussed, Nasdaq currently offers products that include similar
information to that proposed under the Cboe Premium Exchange Tools.
Moreover, the Commission has repeatedly expressed its preference for
competition over regulatory intervention in determining prices,
products, and services in the securities markets. Specifically, in
Regulation NMS, the Commission highlighted the importance of market
forces in determining prices and SRO revenues and, also, recognized
that current regulation of the market system ``has been remarkably
successful in promoting market competition in its broader forms that
are most important to investors and listed companies.'' The fact that
this market is competitive has also long been recognized by the courts.
In NetCoalition v. Securities and Exchange Commission, the D.C. Circuit
stated as follows: ``[n]o one disputes that competition for order flow
is `fierce.' . . . As the SEC explained, `[i]n the U.S. national market
system, buyers and sellers of securities, and the broker-dealers that
act as their order-routing agents, have a wide range of choices of
where to route orders for execution'; [and] `no exchange can afford to
take its market share percentages for granted' because `no exchange
possesses a monopoly, regulatory or otherwise, in the execution of
order flow from broker dealers'. . . .''. Accordingly, the Exchange
does not believe its proposal imposes any burden on competition that is
not necessary or appropriate in furtherance of the purposes of the Act.

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

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

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \26\ and Rule 19b-
4(f)(6) thereunder.\27\
---------------------------------------------------------------------------

    \26\ 15 U.S.C. 78s(b)(3)(A).
    \27\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Commission has waived that requirement in this case.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \28\ normally
does not become operative prior to 30 days after the date of the
filing. However, Rule 19b-4(f)(6)(iii) \29\ permits the Commission to
designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has
proposed to implement this proposed rule change on August 31, 2021 and
has asked the Commission to waive the 30-day operative delay for this
filing. The Exchange states that the proposed data to be included in
the proposed Cboe Premium Exchange Tools is already generally available
to all users without a subscription to Cboe Premium Exchange Tools and/
or is substantially similar to information that was historically, or
currently is, included in similar products offered on Nasdaq.\30\ The
Commission believes waiver of the operative delay will allow a
description of Cboe Premium Exchange Tools product to be immediately
reflected in the Exchange's rules and is consistent with the protection
of investors and the public interest because the proposed rule change
does not raise any new or novel issues. Accordingly, the Commission
hereby waives the 30-day operative delay and designates the proposed
rule change as operative from August 31, 2021.\31\
---------------------------------------------------------------------------

    \28\ 17 CFR 240.19b-4(f)(6).
    \29\ 17 CFR 240.19b-4(f)(6)(iii).
    \30\ See supra notes 21-24.
    \31\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    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 change should be approved or
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 email to<EMAIL_ADDRESS>Please include
File No. SR-CboeEDGX-2021-030 on the subject line.

Paper Comments

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

All submissions should refer to File No. SR-CboeEDGX-2021-030. This
file number should be included on the

subject line if email 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 website
(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 website 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 10:00 a.m. and 3:00 p.m. Copies of
the filing also will be available for inspection and copying at the
principal office of the Exchange. All comments received will be posted
without change. Persons submitting comments are cautioned that we do
not redact or edit personal identifying information from comment
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File No. SR-
CboeEDGX-2021-030, and should be submitted on or before October 8,
2021.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\32\
---------------------------------------------------------------------------

    \32\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-20082 Filed 9-16-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: March 16, 2006 (Volume 71, Number 51)]
[Proposed Rules]
[Page 13561-13563]
[DOCID:fr16mr06-16]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 745

[EPA-HQ-OPPT-2006-0044; FRL-7760-3]

Lead Paint Test Kit Development; Request for Comments

AGENCY: Environmental Protection Agency (EPA).

ACTION: Request for comments.

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

SUMMARY: EPA is requesting information concerning the development of
test kits or similar technologies for testing lead in paint that could
be used by renovators, repair persons, and painters complying with a
future EPA regulation for renovation, repair, and painting activities.
This information will be considered in formulating EPA's policy and
research decisions regarding the development of lead paint test kits.
The lead paint test kits will allow renovators, repair persons, and
painters to focus resources and identify locations where lead-based
paint is present and reliably determine situations where appropriate
preventive actions should be undertaken.

DATES: Comments must be received on or before April 17, 2006.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2006-0044, by one of the following methods.
     http://www.regulations.gov. Follow the on-line

instructions for submitting comments.
     Mail: Document Control Office (7407M), Office of Pollution
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460-0001.
     Hand Delivery: OPPT Document Control Office (DCO), EPA
East, Rm. 6428, 1201 Constitution Ave., NW., Washington, DC. Attention:
Docket ID Number EPA-HQ-OPPT-2006-0044. The DCO is open from 8 a.m. to
4 p.m., Monday through Friday, excluding legal holidays. The telephone
number for the DCO is<PHONE_NUMBER>. Such deliveries are only accepted
during the Docket's normal hours of operation, and special arrangements
should be made for deliveries of boxed information.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPPT-
2006-0044. EPA's policy is that all comments received will be included
in the public 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 e-
mail. The regulations.gov website 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 public docket and made available
on the Internet. If you submit an electronic comment, EPA recommends
that you include your name and other contact information in the body of
your comment and with any disk or CD ROM you submit. If EPA cannot read
your comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the
regulations.gov index. Although listed in the index, some information
is not publicly available, i.e., 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 electronically through regulations.gov or in
hard copy at the OPPT Docket, EPA Docket Center (EPA/DC), EPA West, Rm.
B102, 1301 Constitution Ave., 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, excluding legal holidays. The telephone number for the
Public Reading Room is<PHONE_NUMBER>, and the telephone number for the
OPPT Docket is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: For general information contact: Colby
Lintner, Regulatory Coordinator, Environmental Assistance Division
(7408M), Office of Pollution Prevention and Toxics, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>
    For technical information contact: John Schwemberger, National
Program Chemicals Division (7404T), Office Pollution Prevention and
Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; e-mail
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you manufacture
test kits or similar technologies for lead paint testing; conduct
sampling or testing for lead in paint; renovate, repair, or paint in
housing built before 1978; or arrange for renovation, repair, or
painting of housing units built before 1978. Potentially affected
entities may include, but are not limited to:
     Research and Development in Physical, Engineering, and
Life Sciences (NAICS code 541710), e.g., developers of test kits or
similar technologies for lead testing.
     Engineering Services (NAICS code 541330) and Building
Inspection Services (NAICS code 541350), e.g., lead paint inspectors.
     Building construction (NAICS code 236), e.g., single
family housing construction firms, multifamily housing construction
firms, residential remodelers.
     Specialty trade contractors (NAICS code 238), e.g.,
plumbing, heating, and air-conditioning contractors; painting and wall
covering contractors; electrical contractors; finish carpentry
contractors; drywall and insulation contractors; siding contractors;
tile and terrazzo contractors; glass and glazing contractors.
     Real estate (NAICS code 531), e.g., lessors of residential
buildings and dwellings, residential property managers.
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to

certain entities. To determine whether you or your business may be
affected by this action, you should carefully examine the applicability
provisions in Sec.  745.82 of EPA's proposed regulation for Lead;
Renovation, Repair, and Painting Program, published in the Federal
Register on January 10, 2006 (71 FR 1587) (FRL-7755-5) under docket ID
number EPA-HQ-OPPT-2005-0049. If you have any questions regarding the
applicability of this action to a particular entity, consult the
technical person 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 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 the estimate.
    vi. Provide specific examples to illustrate your concerns, and
suggested 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?

    EPA is requesting information concerning the development of test
kits or similar technologies for testing lead in paint that could be
used by renovators, repair persons, and painters complying with a
future EPA regulation for renovation, repair, and painting activities.
This information will be considered in formulating EPA's policy and
research decisions regarding the development of lead paint test kits.
The lead paint test kits will allow renovators, repair persons, and
painters to focus resources and identify locations where lead-based
paint is present and reliably determine situations where appropriate
preventive actions should be undertaken.
    EPA's proposed regulation for renovation, repair, and painting
activities published in the January 10, 2006 Federal Register, and is
available under docket ID number EPA-HQ-OPPT-2005-0049 at http://www.regulations.gov/.
 You can also access the proposed rule directly at

http://www.epa.gov/fedrgstr/EPA-TOX/2006/January/Day-10/t071.pdf.

    The proposed regulation calls for recognizing test kits that have a
demonstrated probability of a negative response no more than 5% of the
time for paint at or above the regulated lead level (i.e., kits with a
false negative rate of no more than 5%). Under the proposed rule, these
test kits could be used by trained and certified renovators in target
housing to determine that the components affected by the renovation are
free of lead-based paint. The proposed regulation also envisions the
development of an improved, more accurate test kit that has:
    1. A demonstrated probability of a negative response no more than
5% of the time for paint at or above the regulated lead level (i.e., a
false negative rate of no more than 5%).
    2. A demonstrated probability of a positive response no more than
10% of the time for paint below the regulated lead level (i.e., a false
positive rate of no more than 10%).
    The planned effective dates of the renovation, repair, and painting
regulation are based on improved test kits being commercially available
approximately in 3 years. Readers seeking additional information,
should refer to the proposed regulation published in the January 10,
2006 Federal Register.
    EPA defines lead-based paint as any paint or other coating on a
building component with either 1.0 milligrams or more lead per square
centimeter or 0.5% or more lead by weight. The term ``regulated lead
level'' refers to either of these two threshold numbers. A
manufacturer, inventor, or vendor of a test kit or similar technology
may choose either one of these numbers as the regulated level for
demonstration and evaluation purposes. For the final regulation on
renovation, repair, and painting activities, EPA would like a test kit
or similar technology that meets the following specifications to be
commercially available. The specifications below are consistent with
those in the proposed regulation published in the January 10, 2006
Federal Register, and provide additional detail.
Specifications:
    1. False negative rate of no more than 5% for paint above or equal
to the regulated level.
    2. False positive rate of no more than 10% for paint below the
regulated level.
    3. Cost of under $2 per test.
    4. Test results to be available within an hour. Test kit includes
quality control samples so users can make sure the test kit is working
properly when the test is conducted.
    5. The test kit can be reliably used by a renovator, repair person,
or painter who has completed training in the use of the test kit, and
who has been certified by an EPA, State, territorial, or tribal lead
program. The test kit provides consistent results when used by any
trained and certified renovator, repair person, or painter. Required
test kit training is to be minimal, 2-3 hours.
    In addition, EPA is interested in a test kit or similar technology
that can be applied to any paint in pre-1978 housing units regardless
of the type of material (wood, metal, plaster, drywall, brick,
concrete, etc.) beneath the paint. EPA is requesting information on
test kits and similar technologies for testing lead in paint in the
form of comments provided to the Agency no later than April 17, 2006.
Comments are requested on the following topics:
    1. The feasibility of developing a test kit or similar technology
that meets the specifications in this document.
    2. Manufacturers who have or could develop a test kit or similar
technology that meets the specifications in this document.
    3. Current test kits or similar technologies for testing lead in
paint that may meet the specifications in this document.
    4. Future test kits or similar technologies for testing lead in
paint that will be available in approximately the next 3 years that may
meet the specifications described in this document.

B. What is the Agency's Authority for Taking this Action?

    EPA is taking this action under section 3710a of the Federal
Technology Transfer Act, 15 U.S.C. 3710a, and sections 10 and 405 of
the Toxic Substances Control Act, 15 U.S.C. 2609 and 2685.

List of Subjects

    Environmental protection, Children, Hazardous substances, Health
and safety, Lead-based paint test kit.

    Dated: March 9, 2006.
Susan B. Hazen,
Acting Assistant Administrator, Office of Prevention, Pesticides and
Toxic Substances.
[FR Doc. E6-3824 Filed 3-15-06; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 76, Number 200 (Monday, October 17, 2011)]
[Notices]
[Page 64096]
[FR Doc No: 2011-26722]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4025-DR; Docket ID FEMA-2011-0001]

Pennsylvania; Amendment No. 3 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the Commonwealth of Pennsylvania (FEMA-4025-DR), dated September 3,
2011, and related determinations.

DATES: Effective Date: October 4, 2011.

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

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the Commonwealth of Pennsylvania is hereby amended to include the
following areas among those areas determined to have been adversely
affected by the event declared a major disaster by the President in his
declaration of September 3, 2011.

    Bucks, Lehigh, Monroe, and Montgomery Counties for Public
Assistance, including direct federal assistance (already designated
for Individual Assistance).

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

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2011-26722 Filed 10-14-11; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register: June 2, 2006 (Volume 71, Number 106)]
[Notices]
[Page 32061-32062]
[DOCID:fr02jn06-45]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP06-366-000]

Cheyenne Plains Gas Pipeline Company, LLC; Notice of Proposed
Changes in FERC Gas Tariff

May 26, 2006.
    Take notice that on May 23, 2006, Cheyenne Plains Gas Pipeline
Company, L.L.C. (Cheyenne Plains) tendered for filing as part of its
FERC Gas Tariff, Original Volume No. 1, the following

tariff sheets to become effective June 22, 2006.

First Revised Sheet No. 269
First Revised Sheet No. 279
Original Sheet No. 279A
First Revised Sheet No. 280
Third Revised Sheet No. 402
First Revised Sheet No. 403

    Cheyenne Plains states that the tariff sheets specify a timeline
for the prospective sale of available firm capacity as well as a right
of first refusal limitation on the sale of certain future capacity.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed in accordance with the provisions of
Section 154.210 of the Commission's regulations (18 CFR 154.210).
Anyone filing an intervention or protest must serve a copy of that
document on the Applicant. Anyone filing an intervention or protest on
or before the intervention or protest date need not serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for 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>.

Magalie R. Salas,
Secretary.
[FR Doc. E6-8606 Filed 6-1-06; 8:45 am]

BILLING CODE 6717-01-P