[Federal Register Volume 79, Number 1 (Thursday, January 2, 2014)]
[Proposed Rules]
[Pages 76-78]
[FR Doc No: 2013-31314]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-1068; Directorate Identifier 2013-NM-196-AD]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Bombardier, Inc. Model DHC-8-400 series airplanes. This
proposed AD was prompted by reports of failure of the high pressure
shutoff valves (HPSOVs) causing the timer and monitor unit (TMU) to
become inoperative since the HPSOV and the TMU are on the same circuit
breaker. This proposed AD would require a wiring modification to
segregate the HPSOV power supply from the TMU. We are proposing this AD
to prevent an inoperative TMU, which could result in the loss of the
automatic de-icing mode, and lead to an increased workload for the
flight crew and loss of control of the airplane.

DATES: We must receive comments on this proposed AD by February 18,
2014.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Bombardier, Inc., Q-Series Technical Help Desk, 123 Garratt Boulevard,
Toronto, Ontario M3K 1Y5, Canada; telephone<PHONE_NUMBER>; fax 416-375-
4539; email<EMAIL_ADDRESS>Internet http://www.bombardier.com. You may review copies of the referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the MCAI, the
regulatory evaluation, any comments received, and other information.
The street address for the Docket Operations office (telephone (800)
647-5527) is in the ADDRESSES section. Comments will be available in
the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Cesar Gomez, Aerospace Engineer,
Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New
York 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2013-1068;
Directorate Identifier 2013-NM-196-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    Transport Canada Civil Aviation (TCCA), which is the aviation
authority

for Canada, has issued Canadian Airworthiness Directive CF-2013-27,
dated September 25, 2013 (referred to after this as the Mandatory
Continuing Airworthiness Information, or ``the MCAI''), to correct an
unsafe condition for the specified products. The MCAI states:

    There have been several in-service reports of the failure of
high pressure shutoff valves (HPSOV) causing the Timer and Monitor
Unit (TMU) to become inoperative since the HPSOV and TMU are on the
same circuit breaker.
    An inoperative TMU would result in the loss of the automatic de-
icing mode and would lead to an increased workload for the
flightcrew. In the case where additional failures occur during a
critical flight phase, the significantly increased workload could
lead to loss of control of the aeroplane.
    This [TCCA] AD mandates a wiring modification to segregate the
HPSOV power supply from the TMU.

    You may obtain further information by examining the MCAI in the AD
docket.

Relevant Service Information

    Bombardier, Inc. has issued Service Bulletin 84-36-04, Revision A,
dated April 17, 2013. The actions described in this service information
are intended to correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

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

Costs of Compliance

    We estimate that this proposed AD affects 78 airplanes of U.S.
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
               Action                        Labor cost           Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
Wiring Modification.................  7 work-hours x $85 per               $0             $595          $46,410
                                       hour = $595.
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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

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

Bombardier, Inc.: Docket No. FAA-2013-1068; Directorate Identifier
2013-NM-196-AD.

(a) Comments Due Date

    We must receive comments by February 18, 2014.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc. Model DHC-8-400, -401, and -
402 airplanes, certificated in any category, serial numbers 4001
through 4446 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 36, Pneumatic.

(e) Reason

    This AD was prompted by reports of failure of the high pressure
shutoff valves (HPSOVs) causing the timer and monitor unit (TMU) to
become inoperative since the HPSOV and the TMU are on the same
circuit breaker. We are issuing this AD to prevent an inoperative
TMU, which could result in the loss of the automatic de-icing mode,
and lead to an increased workload for the flight crew and loss of
control of the airplane.

(f) Compliance

    You are responsible for having the actions required by this AD
performed within the compliance times specified, unless the actions
have already been done.

(g) Segregation of the HPSOV Power Supply From the TMU

    Within 2,000 flight hours or 12 months after the effective date
of this AD, whichever occurs first: Do a wiring modification to
segregate the HPSOV power supply from the TMU by incorporating
Bombardier ModSum 4-110595, in accordance with the Accomplishment
Instructions of Bombardier

Service Bulletin 84-36-04, Revision A, dated April 17, 2013.

(h) Credit for Previous Actions

    This paragraph provides credit for actions required by paragraph
(g) of this AD, if those actions were performed before the effective
date of this AD using Bombardier Service Bulletin 84-36-04, dated
March 13, 2013.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York Aircraft Certification Office (ACO), ANE-170, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the New York ACO, send it to ATTN: Program Manager,
Continuing Operational Safety, FAA, New York ACO, 1600 Stewart
Avenue, Suite 410, Westbury, NY 11590; telephone<PHONE_NUMBER>; fax
516-794-5531. Before using any approved AMOC, notify your
appropriate principal inspector, or lacking a principal inspector,
the manager of the local flight standards district office/
certificate holding district office. The AMOC approval letter must
specifically reference this AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer, use these actions if they
are FAA-approved. Corrective actions are considered FAA-approved if
they were approved by the State of Design Authority (or its
delegated agent, or by the DAH with a State of Design Authority's
design organization approval). For a repair method to be approved,
the repair approval must specifically refer to this AD. You are
required to ensure the product is airworthy before it is returned to
service.

 (j) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) Canadian Airworthiness Directive CF-2013-27, dated September
25, 2013, for related information. This MCAI may be found in the AD
docket on the Internet at http://www.regulations.gov.
    (2) For service information identified in this AD, contact
Bombardier, Inc., Q-Series Technical Help Desk, 123 Garratt
Boulevard, Toronto, Ontario M3K 1Y5, Canada; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>Internet
http://www.bombardier.com. You may review copies of this service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on December 20, 2013.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-31314 Filed 12-31-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: October 13, 2005 (Volume 70, Number 197)]
[Notices]
[Page 59791-59793]
[DOCID:fr13oc05-143]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-52566; File No. SR-PCX-2005-56]

Self-Regulatory Organizations; Pacific Exchange, Inc.; Notice of
Filing of Proposed Rule Change and Amendment No. 1 Thereto Relating to
the Directed Order Process

October 5, 2005.
    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 April 21, 2005, the Pacific Exchange, Inc. (``PCX'' 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 prepared by the PCX. On October 4, 2005, the PCX filed
Amendment No. 1 to the proposed rule change.\3\ The Commission is
publishing this notice to solicit comments on the proposed rule change,
as amended, from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4
    \3\ Amendment No. 1, which replaced and superceded the original
filing in its entirety, is incorporated in this notice.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The PCX proposes to modify its Directed Order Process as part of
its continuing efforts to enhance participation on the Archipelago
Exchange (``ArcaEx'') facility. In conjunction with these
modifications, the Exchange proposes two new classifications of Market
Makers, Designated Market Makers (``DMMs'') and Lead Market Makers
(``LMMs''). Only DMMs and LMMs will be eligible to participate in the
Directed Order Process as Market Makers.
    The text of the proposed rule change, as amended, appears below.
Additions are in italics. Deleted items are in brackets.

Rule 1

Definitions

Definitions
    Rule 1.1 (a)-(aaa)--No change.
    (bbb) The term ``Designated Market Maker'' shall mean a registered
Market Maker that participates in the Directed Order Process.
    (ccc) The term ``Lead Market Maker'' shall mean a registered Market
Maker that is the exclusive Designated Market Maker in listings for
which the Corporation is the primary market.
* * * * *

Rule 7

Equities Trading

Registration of Market Makers in a Security
    Rule 7.22 (a)-(b)--No change.
    (c) The Corporation may limit the number of Designated Market
Makers in a security upon prior written notice to ETP Holders.
    (d) Designated Market Makers and Lead Market Makers shall be
selected by the Corporation. Such selection shall be based on, but is
not limited to, the following: experience with making markets in
equities; adequacy of capital; willingness to promote the Exchange as a
marketplace; issuer preference; operational capacity; support
personnel; and history of adherence to Exchange rules and securities
laws.
    [(c)] (e) Voluntary Termination of Security Registration. A Market
Maker may voluntarily terminate its registration in a security by
providing the Corporation with a one-day written notice of such
termination. A Market Maker that fails to give advanced written notice
of termination to the Corporation may be subject to formal disciplinary
action pursuant to Rule 10.
    [(d)] (f) The Corporation may suspend or terminate any registration
of a Market Maker in a security or securities under this Rule whenever,
in the Corporation's judgment, the interests of a fair and orderly
market are best served by such action.
    [(e)] (g) An ETP Holder may seek review of any action taken by the
Corporation pursuant to this Rule, including the denial of the
application for, or the termination or suspension of, a Market Maker's
registration in a security or securities, in accordance with Rule
10.13.
* * * * *

Rule 7

Equities Trading

Designated Market Maker Performance Standards

    Rule 7.24 [Reserved].
    (a) Designated Market Makers will be required to maintain minimum
performance standards the levels of which may be determined from time
to time by the Corporation. Such levels will vary depending on the
price, liquidity, and volatility of the security in which the
Designated Market Maker is registered. The performance measurements
will include (i) percent of time at the NBBO; (ii) percent of
executions better than the NBBO; (iii) average displayed size; (iv)
average quoted spread; and (v) in the event the security is a
derivative security, the ability of the Designated Market Maker to
transact in underlying markets.
    (b) Designated Market Makers that are Lead Market Makers will be
held to higher performance standards in the securities in which they
are registered as Lead Market Maker than Designated Market Makers that
are not Lead Market Makers.
    (c) Market Makers that are not Designated Market Makers will not be
required to maintain the minimum performance standards as described in
paragraph (a) above.
* * * * *

Rule 7

Equities Trading

Registration of Odd Lot Dealers
    Rule 7.25 (a)--No change.
    (b) Market Makers Registered in a Security. For each security in
which a Market Maker is registered, the Market Maker may become an Odd
Lot Dealer in that security. For each security in which a Market Maker
is registered as Lead Market Maker, the Lead Market Maker must also
register as an Odd Lot Dealer in that security.
    Rule 7.25 (c)-(e)--No change.
* * * * *

Rule 7

Equities Trading

Orders and Modifiers
    Rule 7.31 (a)-(h)--No change.
    (i) Directed Order.
    (1) Any market or limit order to buy or sell which has been
directed to a particular Designated Market Maker by the User. Users
must be permissioned by Designated Market Makers to send a Directed
Order to that Designated Market Maker.
    [(2) The Corporation shall suspend the Directed Order Process for a
security

when a locked or crossed market exists in that security. The Directed
Order Process for that security shall resume when the locked or crossed
market in that security no longer exists.]
    (j) Directed Fill. Any Designated Market Maker [with the
appropriate technology, as determined from time to time by the
Corporation,] may submit a standing instruction to the Archipelago
Exchange for the parameters of a Directed Fill, including, but not
limited to, the size and price of the order.[, the Users that may send
such Market Maker a Directed Order, the price improvement algorithm and
the period of time the instruction is effective.] The Market Maker's
Directed Fill described in the instruction will only be generated in
response to a Directed Order directed to such Market Maker. [The
Directed Fill is a limit order with (1) a size that is equal to or less
than the size of the Directed Order and (2) a price that improves the
BBO by an automatically preset amount, which, except as provided in
Rule 7.6(a), Commentary .06, must be equal to or greater than the MPII,
pursuant to a price improvement algorithm; provided, however, the
Directed Fill will not be generated if the price is not equal to or
better than the NBBO.] A Market Maker may modify the parameters of the
instruction for a Directed Fill at any time [from time to time], as the
Corporation permits.
    Rule 7.31 (k)-(hh)--No change.
* * * * *

Rule 7

Equities Trading

Order Execution
    Rule 7.37
    (a) Step 1: Directed Order Process. [During Core Trading Hours
only,] [o]Orders may be matched and executed in the Directed Order
Process as follows:
    (1) If a User submits a marketable Directed Order to the
Archipelago Exchange and the User's [d]Designated Market Maker has a
standing instruction for a Directed Fill to the Archipelago Exchange,
the Directed Order shall be [executed] matched against the Directed
Fill of the [d]Designated Market Maker.
    (2) If a User submits a marketable Directed Order to the
Archipelago Exchange and the User's [d]Designated Market Maker has not
submitted an instruction for a Directed Fill, the Directed Order shall
enter the Display Order Process, as described in subsection (b) of this
Rule.
    (3) Directed Orders that are matched for execution against Directed
Fills may be broken up by orders on the Arca Book if there is a
displayed order on the Arca Book priced at or better than the matched
order. In the event that the matched order is broken up, it will be
handled as follows:
    (i) If the remaining balance of the matched order results in the
Designated Market Maker side of the order being unexecuted, the
remaining balance of the order shall be returned to the Directed
Process to be eligible as a Directed Fill instruction.
    (ii) If the remaining balance of the matched order results in the
User being unexecuted, the remaining balance of the order will be
posted in the Arca Book.
    ([3]4) If a User submits any order other than a marketable Directed
Order to the Archipelago Exchange, the User's order immediately shall
enter the Display Order Process, as described in subsection (b) of this
Rule, without interacting with any Directed Fills.
    [(4) No Directed Order to buy (sell) shall be executed at a price
equal to or better than the national best bid (offer) within the
Directed Order Process. Such Directed Orders immediately shall enter
the Display Order Process, as described in subsection (b) of this Rule,
without interacting with any Directed Fills.]
    Rule 7.37 (b)-(d)--No change.
* * * * *

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 PCX 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 PCX 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
    Currently, PCXE Rule 7.37 describes ArcaEx's order execution
processes.\4\ This proposal seeks to modify the first of those
processes, the Directed Order Process. In particular, the Exchange
seeks to make the following modifications. First, the Exchange proposes
to add a provision that requires Users \5\ to be permissioned by DMMs
to send a Directed Order to that DMM. Second, the Exchange proposes to
eliminate a provision of PCXE Rule 7.31 that suspends the Directed
Order Process when a locked or crossed market exists in a security.
This section would be eliminated because the Exchange believes that it
is not relevant to suspend the Directed Order Process during a locked
or crossed market. Third, the Exchange proposes to simplify the
``Directed Fill'' definition to make clear that a Directed Fill
specifies the size and price of the Directed Fill.
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    \4\ PCXE Rule 7.37 includes the following ArcaEx order execution
processes: Directed Order Process, Display Order Process, Tracking
Order Process, and Routing Away. This rule proposal seeks to modify
the Directed Order Process.
    \5\ See PCXE Rule 1.1(yy).
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    The modifications to PCXE Rule 7.37 and the Directed Order Process
are described below. First, the Exchange proposes that the Directed
Order Process be available during Opening, Core, and Late trading
sessions and that PCXE Rule 7.37's language that limits the Directed
Process to Core Trading Hours be eliminated. Second, the Exchange
proposes to simplify language in PCXE Rule 7.31(j) related to the
definition of a Directed Fill to make clear that the parameters of a
Directed Fill are price and size, and to delete obsolete language no
longer necessary. Third, the Exchange proposes that marketable Directed
Orders first attempt to match against the DMM to which the order has
been directed. Directed Orders that are matched against DMMs pursuant
to their Directed Fill instructions would be exposed to the Arca Book
before execution.\6\ Such matched orders would be broken up if there is
an order displayed on the Arca Book at a price that is at or better
than the matched order. In the event that a matched order is broken up,
the remaining portion of the Directed Order would be posted in the Arca
Book. Further, because the displayed orders in the book take priority
over Directed Orders, the Exchange proposes deleting the existing
reference in PCXE Rule 7.37(a)(4).\7\
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    \6\ Directed Fills that are matched against Directed Orders
would not be eligible for post trade anonymity and, as such, the
Exchange is not seeking a limited exemption from Paragraph
(a)(2)(i)(A) of Rule 10b-10 under the Act.
    \7\ PCXE Rule 7.37(a)(4) states that ``[n]o Directed Order to
buy (sell) shall be executed at a price equal to or better than the
national best bid (offer) within the Directed Order Process. Such
Directed Orders immediately shall enter the Display Order Process,
as described in subsection (b) of this Rule, without interacting
with any Directed Fills.''
---------------------------------------------------------------------------

    In addition, the Exchange proposes creating a definition of
``Designated Market Maker.'' The definition would be added to PCXE Rule
1.1 to clarify that a DMM is a registered Market Maker that
participates in the Directed Order

Process. The Exchange also proposes adding a definition to PCXE Rule
1.1 to describe a LMM as an exclusive DMM for primary listings.
Further, the Exchange proposes adding language to PCXE Rule 7.22
regarding the Registration of Market Makers to provide the Corporation
with the ability to limit the number of DMMs with prior written notice
to ETP Holders.\8\ PCXE Rule 7.22 already provides that the Corporation
may consider certain performance and capability guidelines in selecting
Market Makers. The Exchange also proposes adding DMM and LMM selection
criteria that is consistent with the criteria described in PCX Rule
6.82 for options LMMs.\9\ In addition, the Exchange seeks to clarify in
PCXE Rule 7.24 that DMMs would be required to maintain certain
performance standards which may vary depending on the price, liquidity,
and volatility of the security. In particular, such standards would
include (i) Percent of time at the NBBO; (ii) percent of executions
better than the NBBO; (iii) average displayed size; (iv) average quoted
spread; and (v) in the event the security is a derivative security, the
ability of the DMM to transact in the underlying markets. The Exchange
would have the ability to modify the specific levels to be used in
defining the performance standards, however, the Exchange would not
modify the types of standards to be used. Lastly, PCXE Rule 7.25 would
be modified to require LMMs to register as Odd Lot Dealers in the
securities in which they are registered as LMM. This modification would
ensure that odd lot executions are facilitated for primary listings
that could not otherwise be routed away to another market center for
execution.
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    \8\ See PCXE Rule 1.1(n).
    \9\ See PCX Rule 6.82(e) which states ``The Exchange will select
that candidate who appears best able to perform the functions of an
LMM in the designated option issue. Factors to be considered for
selection include, but are not limited to, the following: experience
with trading the option issue; adequacy of capital; willingness to
promote the Exchange as a marketplace; operational capacity; support
personnel; history of adherence to Exchange rules and securities
laws; trading crowd evaluations made pursuant to Rule 6.100; and any
other criteria specified in this Rule.''
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2. Statutory Basis
    The Exchange believes that the proposed rule change, as amended, is
consistent with Section 6(b) of the Act,\10\ in general, and furthers
the objectives of Section 6(b)(5) of the Act,\11\ in particular, in
that it is designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principals of trade, to foster
cooperation and coordination with persons engaged in facilitating
transactions in securities, and to remove impediments to and perfect
the mechanism of a free and open market and a national market system.
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    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

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

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

    Written comments on the proposed rule change were neither solicited
nor received.

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

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

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change, 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-PCX-2005-56 on the subject line.

Paper Comments

     Send paper comments in triplicate to Jonathan G. Katz,
Secretary, Securities and Exchange Commission, Station Place, 100 F
Street, NE., Washington, DC 20549-9303.
    All submissions should refer to File Number SR-PCX-2005-56. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments,

all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Section, Station
Place, 100 F Street, NE., Washington, DC 20549. Copies of such filing
also will be available for inspection and copying at the principal
office of the PCX. 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-PCX-
2005-56 and should be submitted on or before November 3, 2005.
---------------------------------------------------------------------------

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

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\12\
J. Lynn Taylor,
Assistant Secretary.
 [FR Doc. E5-5594 Filed 10-12-05; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 82, Number 225 (Friday, November 24, 2017)]
[Notices]
[Pages 55896-55898]
[FR Doc No: 2017-25355]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-82111; File No. SR-MIAX-2017-47]

 Self-Regulatory Organizations; Miami International Securities
Exchange, LLC; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Amend MIAX Options Rule 612, Aggregate Risk
Manager (``ARM'')

November 17, 2017.
    Pursuant to the provisions of Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice
is hereby given that on November 14, 2017, Miami International
Securities Exchange, LLC (``MIAX Options'' or ``Exchange'') filed with
the Securities and Exchange Commission (``Commission'') a proposed rule
change as described in Items I, II, and III below, which Items have
been prepared by the Exchange. The Commission is publishing this notice
to solicit comments on the proposed rule change from interested
persons.
---------------------------------------------------------------------------

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

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

    The Exchange is filing a proposal to amend Exchange Rule 612,
Aggregate Risk Manager (``ARM'').
    The text of the proposed rule change is available on the Exchange's
Web site at http://www.miaxoptions.com/rule-filings, at MIAX's
principal office, 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 amend Exchange Rule 612, Aggregate Risk
Manager (``ARM''), subsection (b)(1) Aggregate Risk Manager, and
Interpretations and Policies .01, to make non-substantive technical
changes to add additional detail to the rule text, all existing
Exchange functionality discussed in this proposal will remain intact.
    Exchange Rule 612(b)(1) provides that the System \3\ will engage
the Aggregate Risk Manager in a particular option class when the
counting program has determined that a Market Maker \4\ has traded
during the specified time period

a number of contracts equal to or above their Allowable Engagement
Percentage.\5\ Further, the rule provides that the Aggregate Risk
Manager will then automatically remove the Market Maker's quotations
from the Exchange's disseminated quotation in all series of that
particular option class until the Market Maker sends a notification to
the System of the intent to reengage quoting and submits a new revised
quotation.\6\
---------------------------------------------------------------------------

    \3\ The term ``System'' means the automated trading system used
by the Exchange for the trading of securities. See Exchange Rule
100.
    \4\ The term ``Market Makers'' refers to ``Lead Market Makers'',
``Primary Lead Market Makers'' and ``Registered Market Makers''
collectively. See Exchange Rule 100.
    \5\ See Exchange Rule 612(b)(2).
    \6\ See Exchange Rule 612(b)(1).
---------------------------------------------------------------------------

    The Exchange proposes to amend the second sentence of the rule to
provide that, ``[t]he Aggregate Risk Manager will then automatically
remove the Market Maker's Standard quotations and Day eQuotes from the
Exchange's disseminated quotation . . . .'' Exchange Rule 100 provides
that, ``the term `quote' or `quotation' means a bid or offer entered by
a Market Maker that is firm and may update the Market Maker's previous
quote, if any. The Rules of the Exchange provide for the use of
different types of quotes, including Standard quotes and eQuotes, as
more fully described in Rule 517.'' \7\ The Exchange believes that
adding additional detail to the current rule text to identify which
specific types of quotes are being removed adds clarity and precision
to the rule text.
---------------------------------------------------------------------------

    \7\ See Exchange Rule 100.
---------------------------------------------------------------------------

    The Exchange also proposes to amend Interpretations and Policies
.01 to add additional detail and specificity to the rule text.
Currently, the rule provides that, ``[t]he System does not include
contracts traded through the use of an eQuote that is not a Day eQuote
in the counting program for purposes of this Rule. eQuotes will remain
in the System available for trading when the Aggregate Risk Manager is
engaged.'' The Exchange proposes to amend the second sentence such that
it reads, ``eQuotes, other than Day eQuotes, will remain in the System
available for trading and may continue to be submitted to the Exchange
when the Aggregate Risk Manager is engaged.'' The Exchange believes
that this proposed change more clearly articulates that eQuotes both
(i) remain in the System, and (ii) may continue to be submitted to the
System to facilitate trading, while the Aggregate Risk Manager is
engaged. The Exchange believes the proposed changes add additional
detail and clarity in describing existing Exchange functionality.
2. Statutory Basis
    The Exchange believes that its proposed rule change is consistent
with Section 6(b) of the Act \8\ in general, and furthers the
objectives of Section 6(b)(5) of the Act \9\ in particular, in that it
is designed to prevent fraudulent and manipulative acts and practices,
to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in, securities, to remove impediments to and
perfect the mechanisms of a free and open market and a national market
system and, in general, to protect investors and the public interest.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes the proposed changes promote just and
equitable principles of trade, remove impediments to and perfect the
mechanism of a free and open market and a national market system
because they provide additional detail and clarity concerning how Day
eQuotes and eQuotes are handled when the Aggregate Risk Manager is
engaged. Clarifying that eQuotes remain in the System available for
trading and may continue to be submitted to the Exchange while the
Aggregate Risk Manager is engaged benefits Members and investors by
providing increased transparency of Exchange functionality. The
Exchange notes that the proposed changes are non-substantive and do not
affect current Exchange functionality in any way.
    The Exchange believes the proposed changes promote just and
equitable principles of trade, remove impediments to and perfect the
mechanism of a free and open market and a national market system
because they seek to improve the accuracy of the Exchange's rules. In
particular, the Exchange believes that including additional detail
describing existing Exchange functionality in the Exchange's rules will
provide greater clarity to Members \10\ and the public regarding the
Exchange's Rules, and it is in the public interest for rules to be
accurate and concise so as to eliminate the potential for confusion.
---------------------------------------------------------------------------

    \10\ The term ``Member'' means an individual or organization
approved to exercise the trading rights associated with a Trading
Permit. Members are deemed ``members'' under the Exchange Act. See
Exchange Rule 100.
---------------------------------------------------------------------------

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. The proposed rule changes
are not designed to address any competitive issues but rather are
designed to add additional clarity and detail to the Exchange's rules.
    The Exchange does not believe that the proposed rule changes will
impose any burden on inter-market competition as the Rules apply
equally to all Exchange Members.

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

    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 after the date of the filing, or such
shorter time as the Commission may designate, it has become effective
pursuant to 19(b)(3)(A) of the Act \11\ and Rule 19b-4(f)(6) \12\
thereunder.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file 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 Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    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.

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 protected]. Please include
File Number SR-MIAX-2017-47 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 Number SR-MIAX-2017-47. 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 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
10:00 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 Number SR-MIAX-2017-47 and should be
submitted on or before December 15, 2017.

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

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

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-25355 Filed 11-22-17; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 211 (Wednesday, November 2, 2022)]
[Notices]
[Pages 66176-66178]
[FR Doc No: 2022-23843]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2022-0835; FRL-10293-01]

Webinar and Opportunity To Submit Applications for the Assessment
of Environmental Performance Standards and Ecolabels for Potential
Inclusion in EPA's Recommendations for Federal Purchasing

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Environmental Protection Agency (EPA) is expanding the
Recommendations of Specifications, Standards and Ecolabels for Federal
Purchasing (Recommendations) and is seeking managers of standards
development organizations, ecolabel programs, and associated conformity
assessment bodies to apply for potential assessment and inclusion in
the Recommendations. Interested applicants should electronically submit
responses to the scoping questions. Those considering applying are
invited to attend a webinar hosted by the EPA's Environmentally
Preferable Purchasing (EPP) Program to learn more and ask questions
about the assessment process. Once all applications are received, EPA
will issue an estimated timeline for full assessments against Sections
I through IV of the Framework for the Assessment of Environmental
Performance Standards and Ecolabels for Federal Purchasing (Framework).
The number of full assessments that EPA can perform will depend on the
number of applicants and available resources.

DATES:
    Webinar: The Webinar will be held virtually on November 15, 2022,
from 1:00 p.m. to 2:30 p.m. EDT. You must register online at https://www.zoomgov.com/webinar/register/WN_gXXfTIpbS9CLgEQWQHsNKQ in order to
receive the webcast meeting link and audio teleconference information.
EPA encourages timely registration, but you can register at any time
before and up to the start of the meeting. Once you register, you will
promptly receive an email with the necessary webcast meeting
information.
    Applications: On or before January 1, 2023, interested parties must
electronically submit by email to [email protected] responses to the scoping
questions found at: https://www.epa.gov/greenerproducts/framework-assessment-environmental-performance-standards-and-ecolabels-federal.
Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute.
    Special accommodations: Requests for special accommodations for the
Webinar should be submitted on or before November 7, 2022, to allow EPA
time to process the requests. For information on access or services for
individuals with disabilities, and to request accommodation for a
disability, please contact Jenna Larkin, listed under FOR FURTHER
INFORMATION CONTACT.

ADDRESSES: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPPT-2022-0835 that is available
online at https://www.regulations.gov. Additional instructions on
visiting the docket, along with more information about dockets
generally, is available at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Jenna Larkin, Environmental Protection
Specialist, Environmentally Preferable Purchasing Program (7409M),
Office of Chemical Safety and Pollution Prevention, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>; email address:
[email protected].

SUPPLEMENTARY INFORMATION:

I. Executive Summary

A. Does this action apply to me?

    This is directed to the public in general. This notice may be of
specific interest to persons who represent standards development
organizations, ecolabel programs, and associated conformity assessment
bodies that manage product or service environmental performance
standards and/or ecolabels that could be considered for use in United
States federal sustainable procurement efforts.

B. What action is the Agency taking?

    EPA is expanding the Recommendations of Specifications, Standards
and Ecolabels for Federal Purchasing. Interested applicants must submit
their responses to the scoping questions electronically to [email protected]
by January 1, 2023. The scoping questions can be found in the docket or
at https://www.epa.gov/greenerproducts/framework-assessment-environmental-performance-standards-and-ecolabels-federal.

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

    This effort directly supports the implementation of several
Executive Orders and statutes.
    Executive Order 14008, entitled ``Tackling the Climate Crisis at
Home and Abroad'' (86 FR 7619, February 1, 2021), directs the Federal
government to lead by example and leverage its buying power to
``catalyze private sector investment into, and accelerate the
advancement of America's industrial capacity to supply domestic clean
energy, buildings, vehicles, and other necessary products and
materials''. The expansion of the Recommendations will help to spur
this market demand for more sustainable products and services.
    Standards and ecolabels included in the Recommendations will also
help to meet Executive Order 14030, entitled ``Climate-Related
Financial Risk'' (86 FR 27967, May 20, 2021), which directs the Federal
Acquisition Regulatory (FAR) Council to consider amending the FAR to
ensure that major procurements minimize the risk of climate change.
    The implementing instructions for Executive Order 14057, entitled
``Catalyzing Clean Energy Industries and Jobs Through Federal
Sustainability'' (86 FR 70935, December 13, 2021), directs EPA to
consider expanding the Recommendations to facilitate net-zero emissions
procurement and other related sustainable purchasing goals. In
addition, it directs federal purchasers to prioritize products and
services that address multiple environmental

impacts. After meeting applicable statutory mandates (BioPreferred,
SNAP, CPG, ENERGY STAR/FEMP), agencies are directed to buy products and
services that meet one or more of the applicable EPA programs,
including those meeting the specifications, standards, and ecolabels
included in the Recommendations.
    The section 12(d) of the National Technology Transfer and
Advancement Act (NTTAA), 15 U.S.C. 272 note, as well as mandates from
the White House Office of Management and Budget (OMB) identified as
Circular A-119, entitled ``Federal Participation in the Development and
Use of Voluntary Consensus Standards and in Conformity Assessment
Activities'', direct federal agencies to use Voluntary Consensus
Standards (VCS) in lieu of government-unique standards as a means to
carry out policy and procurement objectives except where inconsistent
with applicable law or otherwise impractical.
    Section 6604(b)(11) of the Pollution Prevention Act (PPA), 42
U.S.C. 13101 et seq., directs EPA to identify opportunities to use
Federal Procurement to encourage pollution prevention.

II. Background

    The Infrastructure Investment and Jobs Act (IIJA), Public Law 117-
58 (November 15, 2021), invests $100 million in the agency's Pollution
Prevention program, including a new grant opportunity focused on
encouraging products, purchasing, and/or supply chains that are safer,
more sustainable, and environmentally preferable. The Recommendations,
along with the standards and ecolabels included in the Recommendations,
will be referenced, and utilized in the implementation of these new
grants.
    In addition, the Inflation Reduction Act (IRA), Public Law 117-169
(August 16, 2022), allocates $350 million to the P2 program to
establish a labeling program for lower embodied carbon construction
materials and a new grant program to provide technical assistance for
reducing, measuring, and reporting the embodied carbon of construction
materials and products. To support these efforts via the
Recommendations, where appropriate, EPA seeks to understand the current
state of private sector standards and ecolabels in addressing embodied
carbon and other key sustainable acquisition priorities in the
construction sector.

A. What are the recommendations of specifications, standards, and
ecolabels for Federal purchasing?

    The Recommendations help purchasers easily identify credible and
effective environmental performance standards/ecolabels/certifications
by product/service category for incorporation into federal procurement
(e.g., contracts and e-procurement systems). They currently include
over 30 product and service categories and more than 40 private sector
environmental performance standards and ecolabels. The Recommendations
give preference to multi-attribute/lifecycle-based standards and
ecolabels that address key impact areas (aka hotspots) and where
product conformance is determined by a competent third-party
certification body. Federal purchasers are directed by Executive Order
14057 and the Federal Sustainability Plan to procure products and
services meeting the Recommendations to help facilitate net-zero
emissions procurement and other sustainability goals.

B. What is the framework for the assessment of environmental
performance standards and ecolabels?

    The Framework, available at https://www.epa.gov/greenerproducts/framework-assessment-environmental-performance-standards-and-ecolabels-federal, provides a transparent, fair, and consistent approach to
evaluate product and service environmental performance standards and
ecolabels for inclusion in the EPA's Recommendations. The EPA began
developing the Framework (formerly known as the Guidelines) in 2011 via
a multi-stakeholder, consensus-based process, including several public
comment periods. The Framework was then piloted in 2015-2016 in three
product categories: furniture, flooring (includes carpet), and paints/
coatings. Based on lessons learned from the pilot, additional minor
edits were made to clarify and streamline the criteria within the
Framework and make it applicable to services. An updated version of the
Framework was announced and posted to the EPA website in February 2022.
That announcement also included details about EPA's intentions to use
the Framework to expand the Recommendations into additional product and
service categories. More details on the Framework development process
are available at https://www.epa.gov/greenerproducts/framework-development-overview.
    The Framework includes:
     Scoping Questions: Assist EPA in planning and budgeting;
confirm eligibility and scope before proceeding with full assessment
against applicable sections of the Framework.
    The four sections of Assessment Criteria include:
     Section I: Process for Developing the Standard--Assesses
the procedures used to develop, maintain, and update an environmental
performance standard, including whether a standard is considered a
voluntary consensus standard.
     Section II: Environmental Effectiveness of the Standard--
Assesses the criteria in the environmental performance standard or
ecolabel that support the claim of environmental preferability.
     Section III: Conformity Assessment--Assesses the
procedures and practices by which products or services are assessed for
conformity to the requirements specified by standards and ecolabeling
programs.
     Section IV: Management of Ecolabeling Programs--Assesses
the organizational and management practices of an ecolabeling program.

C. What information is EPA considering during review of the
applications?

    EPA is interested in performing assessments in purchase categories
that support federal goals and mandates regarding climate (e.g., net-
zero emissions procurement and low embodied carbon construction
materials), safer chemicals (e.g., products that do not contain
perfluoroalkyl or polyfluoroalkyl substances (PFAS)), and/or other
Administration sustainable acquisition priorities. EPA is particularly
interested in expanding into the following sectors:
     Building/construction;
     Infrastructure;
     Landscaping;
     Food and cafeteria services;
     Uniforms/clothing;
     Professional services; and
     Laboratories and healthcare.
    Additionally, in purchase categories already included in the
Recommendations. See current list of purchase categories covered at
https://www.epa.gov/greenerproducts/recommendations-specifications-standards-and-ecolabels-federal-purchasing.

III. Application Process

A. How do I apply?

    Applicants should familiarize themselves with the Framework for the
Assessment of Environmental Performance Standards and Ecolabels

found at: https://www.epa.gov/system/files/documents/2022-05/updated-framework_5-2022.pdf. If eligible, applicants should download and
complete the scoping questions and electronically submit them to
[email protected] by January 1, 2023. The scoping questions can be found
within the docket or at: https://www.epa.gov/greenerproducts/framework-assessment-environmental-performance-standards-and-ecolabels-federal.
No further responses to Sections I through IV of the Framework are
required to be submitted at this time.

B. What to expect after applying?

    After the application deadline closes, the EPA will issue an
estimated timeline for full assessments against Sections I through IV
of the Framework by product/service category within 120 days. For each
category being assessed, the EPA will provide further notice and
instruction to applicable applicants.
    EPA may not perform a full assessment of all standards and/or
ecolabels submitted for assessment due to either lack of resources or
lack of alignment with Administration priorities. EPA intends for there
to be other opportunities to apply for assessment in the future. The
timeframe for EPA to complete the assessments will depend on the number
of applicants and available resources.

C. What are other ways these assessments will be used?

    The General Services Administration (GSA) is partnering with EPA in
this effort to better understand the market of building/infrastructure/
site project-level standards/ecolabels/certifications so it can provide
this information to other agencies. Per section 436(h) of the Energy
Independence and Security Act of 2007 (EISA), 42 U.S.C. 17001 et seq.,
GSA evaluates green building certification systems and provides its
findings to the Secretary of Energy who, in consultation with the
Department of Defense and GSA, formally identifies the system(s) to be
used across the federal government. For more information, please visit
https://www.gsa.gov/gbcertificationreview.

IV. Paperwork Reduction Act (PRA)

    According to PRA, 44 U.S.C. 3501 et seq., an agency may not conduct
or sponsor, and a person is not required to respond to a collection of
information that requires OMB approval under the PRA, unless it has
been approved by OMB and displays a currently valid OMB control number.
The OMB control numbers for EPA's regulations in title 40 of the CFR,
after appearing in the Federal Register, are listed in 40 CFR part 9,
and included on the related collection instrument or form, as
applicable.
    The information collection activities and estimated burdens
associated with the assessment of environmental performance standards
and ecolabels for federal procurement are approved by OMB pursuant to
the PRA under OMB Control No. 2070-0199 (EPA ICR No. 2516.04) through
September 30, 2025, unless that approval is extended or renewed prior
to that date. This action does not impose any new burden or activities
requiring additional OMB approval. This program involves voluntary
responses as specified under 42 U.S.C 13101 and 15 U.S.C. 3701, and the
annual paperwork burden for the collection associated with the full
assessment against sections I through IV of the Framework is estimated
to average 8.5 hours per response. For additional details, please see
the Information Collection Request (ICR) document that is available in
the docket.
    Send any comments about the accuracy of the burden estimate, and
any suggested methods for further minimizing respondent burden,
including through the use of automated collection techniques, to the
Director, Regulatory Support Division, Office of Mission Support
(2822T), Environmental Protection Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460-0001. Please remember to include the OMB control
number in any correspondence, but do not submit any questions to this
address.
    Authority: 42 U.S.C. 1310.

    Dated: October 28, 2022.
Michal Freedhoff,
Assistant Administrator, Office of Chemical Safety and Pollution
Prevention.
[FR Doc. 2022-23843 Filed 11-1-22; 8:45 am]
BILLING CODE 6560-50-P


6560 50 P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 63 [ OAR 2003 0193; FRL____]

RIN 2060 AL91 National Emission Standards for Hazardous Air Pollutants: Cellulose Products Manufacturing AGENCY: Environmental Protection Agency ( EPA).

ACTION: Proposed rule; amendments.

SUMMARY: The EPA is proposing amendments to the national emission standards for hazardous air pollutants ( NESHAP) for cellulose products manufacturing, which were issued on June 11, 2002, under section 112 of the Clean Air Act ( CAA).

This action proposes to improve implementation of the emission standards by revising the work practice standards,

general and initial compliance requirements, definitions,

and General Provisions applicability, as well as correcting typographical, formatting, and cross referencing errors in the final rule.

In the Rules and Regulations section of this Federal Register, we are issuing the amendments as a direct final rule, without prior proposal, because we view the revisions as noncontroversial and anticipate no adverse comments. We have explained our reasons for the revisions in the preamble to the direct final rule. 2 If we receive any adverse comment on one or more distinct amendments in the direct final rule, we will publish a timely notice of withdrawal in the Federal Register informing the public which provisions will become effective and which provisions are being withdrawn due to adverse comment. We will address all public comments in a subsequent final rule. We will not institute a second comment period on this action. Any parties interested in commenting must do so at this time. If no adverse comments are received, no further action will be taken on the proposal, and the direct final rule will become effective as provided in that action.

The regulatory text for the proposal is identical to that for the direct final rule published in the Rules and Regulations section of this Federal Register. For further supplementary information, see the direct final rule.

DATES: Comments. Written comments must be received on the companion direct final rule by [ INSERT DATE 30 DAYS AFTER PUBLICATION OF THIS PROPOSED RULE IN THE FEDERAL REGISTER],

unless a hearing is requested by [ INSERT DATE 10 DAYS AFTER PUBLICATION OF THIS PROPOSED RULE IN THE FEDERAL REGISTER].

If a hearing is requested, written comments must be received by [ INSERT DATE 45 DAYS AFTER PUBLICATION OF THIS PROPOSED RULE IN THE FEDERAL REGISTER]. 3 Public Hearing. If anyone contacts EPA requesting to speak at a public hearing by [ INSERT DATE 10 DAYS AFTER PUBLICATION OF THIS PROPOSED RULE IN THE FEDERAL REGISTER],

a public hearing will be held on [ INSERT DATE 14 DAYS AFTER PUBLICATION OF THIS PROPOSED RULE IN THE FEDERAL REGISTER].

ADDRESSES: Submit your comments, identified by Docket ID No. OAR 2003 0193, by one of the following methods:

° Federal eRulemaking Portal:

http:// www. regulations. gov. Follow the on line instructions for submitting comments.

° Agency Website: http:// www. epa. gov/ edocket.

EDOCKET, EPA's electronic public docket and comment system, is EPA's preferred method for receiving comments. Follow the on line instructions for submitting comments.

° E mail: air and r docket@ epa. gov.

° Fax: ( 202) 566 1741.

° Mail: EPA Docket Center, EPA, Mailcode: 6102T,

1200 Pennsylvania Avenue, NW, Washington, DC 20460. Please include a duplicate copy, if possible.

° Hand Delivery: Air and Radiation Docket, EPA,

1301 Constitution Avenue, NW, Room B 108,

Washington, DC 20460. Such deliveries are only 4 accepted during the Docket's normal hours of operation, and special arrangements should be made for deliveries of boxed information.

We request that a separate copy also be sent to the contact person listed below ( see FOR FURTHER INFORMATION CONTACT).

Instructions. Direct your comments to Docket ID No. OAR

2003 0193. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at http:// www. epa. gov/ edocket,

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 EDOCKET, regulations. gov, or e mail. The EPA EDOCKET and the Federal regulations. gov websites are " anonymous access" systems, 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 EDOCKET or 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 5 include your name and other contact information in the body of your comment and with any disk or CD ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption,

and be free of any defects or viruses. For additional information about EPA's public docket visit EDOCKET on line or see the Federal Register of May 31, 2002 ( 67 FR 38102).

Docket. All documents in the docket are listed in the EDOCKET index at http:// www. epa. gov/ edocket. 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 either electronically in EDOCKET or in hardcopy at the Air and Radiation Docket, EPA/ DC, EPA West, Room B102, 1301 Constitution Ave., NW, Washington, DC. The 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 ( 202) 566 1744, and the telephone number for the Air Docket is ( 202) 566 1742. 6 Public Hearing. If a public hearing is held, it will be held at 10: 00 a. m. at the EPA's Environmental Research Center Auditorium, Research Triangle Park, North Carolina or at an alternate site nearby.

FOR FURTHER INFORMATION CONTACT: Mr. Bill Schrock, Organic Chemicals Group, Emission Standards Division ( C504 04),

Office of Air Quality Planning and Standards, U. S. EPA,

Research Triangle Park, North Carolina 27711, telephone number ( 919) 541 5032, facsimile number ( 919) 541 3470,

electronic mail ( e mail) address schrock. bill@ epa. gov.

SUPPLEMENTARY INFORMATION:

Regulated Entities. Categories and entities potentially regulated by this action include those listed in the following table:

Category NAICS code* Examples of regulated entities Industry 326121 cellulose food casing operations 325221 rayon operations 326199, 325211 cellulosic sponge operations 326199 cellophane operations 325199 cellulose ether operations Federal government Not affected State/ local/ tribal government Not affected * North American Industrial Classification System 7 This table is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be regulated by this action. To determine whether your facility is regulated by this action, you should carefully examine the applicability criteria in § 63.5485 of the national emission standards. If you have questions regarding the applicability of this action to a particular entity, consult the person listed in the preceding FOR FURTHER INFORMATION CONTACT section of this document.

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

Submitting CBI. Do not submit this information to EPA through EDOCKET, 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.

Tips for Preparing Your Comments. When submitting comments, 8 remember to:

° Identify the rulemaking by docket number and other identifying information ( subject heading, Federal Register date and page number).

° 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.

° Explain why you agree or disagree; suggest alternatives and substitute language for your requested changes.

° Describe any assumptions and provide any technical information and/ or data that you used.

° If you estimate potential costs or burdens,

explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced.

° Provide specific examples to illustrate your concerns, and suggest alternatives.

° Explain your views as clearly as possible,

avoiding the use of profanity or personal threats.

° Make sure to submit your comments by the comment period deadline identified.

Public Hearing. Persons interested in presenting oral testimony or inquiring as to whether a hearing is to be held 9 should contact Mr. William Schrock, Organic Chemicals Group,

Emission Standards Division ( Mail Code C504 04), U. S. EPA,

Research Triangle Park, North Carolina 27711, telephone number ( 919) 541 5032, electronic mail address schrock. bill@ epa. gov., at least 2 days in advance of the potential date of the public hearing. Persons interested in attending the public hearing must also call Mr. Bill Schrock to verify the time, date, and location of the hearing. The public hearing will provide interested parties the opportunity to present data, views, or arguments concerning these proposed emission standards.

Worldwide Web ( WWW). In addition to being available in the docket, an electronic copy of today's proposal will also be available through the WWW. Following the Administrator's signature, a copy of this action will be posted on EPA's Technology Transfer Network ( TTN) policy and guidance page for newly proposed or promulgated rules http:// www. epa. gov/ ttn/ oarpg. The TTN at EPA's web site provides information and technology exchange in various areas of air pollution control.

Direct Final Rule. A direct final rule identical to the proposal is published in the Rules and Regulations section of today's Federal Register. If we receive any adverse comment pertaining to the amendments in the proposal, we will publish a timely notice in the Federal Register 10 informing the public that the amendments are being withdrawn due to adverse comment. We will address all public comments concerning the withdrawn amendments in a subsequent final rule. If no adverse comments are received, no further action will be taken on the proposal, and the direct final rule will become effective as provided in that action.

The regulatory text for the proposal is identical to that for the direct final rule published in the Rules and Regulations section of today's Federal Register. For further supplementary information, the detailed rationale for the proposal and the regulatory revisions, see the direct final rule published in a separate part of this Federal Register.

What are the Statutory and Executive Order Reviews for this action?

For information regarding other statutory and executive order reviews for this action, please see the direct final rule action that is located in the Rules and Regulations section of this Federal Register.

Regulatory Flexibility Act ( RFA)

The Regulatory Flexibility Act ( RFA) generally requires an agency to prepare a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements under the Administrative Procedure Act or any other statute unless the Agency certifies that the rule will 11 not have a significant economic impact on a substantial number of small entities. Small entities include small businesses, small organizations, and small governmental jurisdictions.

For purposes of assessing the impacts of today's proposed rule on small entities, small entity is defined as:

( 1) a small business that has fewer than 1,000 employees for NAICS codes 325221, 325188, and 325199; fewer than 750 employees for NAICS code 325211; or fewer than 500 employees for NAICS codes 326121 and 326199; ( 2) a small governmental jurisdiction that is a government of a city, county, town,

school district or special district with a population of less than 50,000; and ( 3) a small organization that is any not for profit enterprise which is independently owned and operated and is not dominant in its field.

After considering the economic impacts of today's proposed rule on small entities, I certify that this action will not have a significant economic impact on a substantial number of small entities. In determining whether a rule has a significant economic impact on a substantial number of small entities, the impact of concern is any significant adverse economic impact on small entities, since the primary purpose of the regulatory flexibility analyses is to identify and address regulatory alternatives which minimize any significant economic impact of the proposed rule on National Emission Standards for Hazardous Air Pollutants: Cellulose Products Manufacturing  Page 13 of 13 small entities ( 5 U. S. C. 603 604). Thus, an agency may certify that a rule will not have a significant economic impact on a substantial number of small entities if the rule relieves regulatory burden, or otherwise has a positive effect on the small entities subject to the rule. The amendments in today's proposed rule make improvements to the emission standards, primarily by clarifying the work practice standards, general and initial compliance requirements, definitions, and General Provisions applicability. We have, therefore, concluded that today's proposed rule will relieve regulatory burden for all affected small entities. We continue to be interested in the potential impacts of the proposed rule on small entities and welcome comments on issues related to such impacts.

List of Subjects in 40 CFR Part 63 Environmental protection, Air pollution control,

Cellulose products manufacturing, Hazardous substances,

Reporting and recordkeeping requirements.

Dated:

Stephen L. Johnson Administrator.