Review of the IMPROVE Equation for Estimating Ambient Light Extinction
Coefficients - Final Report

Jenny L. Hand and William C. Malm

March 2006

Abstract -  The Interagency Monitoring of Protected Visual Environments
(IMPROVE) protocols for reconstructing ambient light extinction from
measured aerosol species is the basis for evaluating compliance under
the Regional Haze Rule. We review the assumptions involved in computing
reconstructed light extinction using the IMPROVE protocol. This review
includes examining the biases in the measurements of aerosol
composition, the assumed chemical forms of aerosol species, particle
hygroscopicity, and assumed mass scattering efficiencies. We present a
thorough survey of estimates of mass scattering efficiencies from recent
peer-reviewed literature. Furthermore, we use IMPROVE nephelometry and
composition data to estimate mass scattering efficiencies using a
variety of methods. The current mass scattering efficiencies applied in
the IMPROVE equation are then interpreted in the context of this survey
and results derived from the IMPROVE data analyses. Finally, a summary
of provisional recommendations for refinements to the IMPROVE equation
and a discussion of important uncertainties to consider in the
assumptions is presented. Although tentative recommendations of
refinements to the IMPROVE equation are presented, final refinements to
the IMPROVE equation await future discussions of the results presented
here.

Click on the title below to view   HYPERLINK
"http://www.adobe.com/products/acrobat/readstep.html"  PDF  files of
these documents:

  HYPERLINK
"http://vista.cira.colostate.edu/improve/publications/GrayLit/016_IMPROV
EeqReview/IMPROVEEquationReview.pdf" \t "reference"  Main Body of Report
(PDF file - 4.5 Megs)

  HYPERLINK
"http://vista.cira.colostate.edu/improve/publications/GrayLit/016_IMPROV
EeqReview/Appendix1.xls" \t "reference"  Appendix 1 (Excel file K- 0.4
Megs)

  HYPERLINK
"http://vista.cira.colostate.edu/improve/publications/GrayLit/016_IMPROV
EeqReview/Appendix2.doc" \t "reference"  Appendix 2 (Word file K- 0.9
Megs)

  HYPERLINK
"http://vista.cira.colostate.edu/improve/publications/GrayLit/016_IMPROV
EeqReview/Appendix3.xls" \t "reference"  Appendix 3 (Excel file - 0.2
Megs)

  HYPERLINK
"http://vista.cira.colostate.edu/improve/publications/GrayLit/016_IMPROV
EeqReview/Figures.ppt"  Appendix 4   HYPERLINK
"http://vista.cira.colostate.edu/improve/publications/GrayLit/016_IMPROV
EeqReview/Figures.ppt" \t "reference"   (PPT file - 11 Megs)


In addition, the State is no longer required to impose under CAA sections 181( b)( 4) and 185 fees on emissions sources in areas classified as severe or extreme for failure to meet the 1 hour attainment date.

( 3) Conformity determinations for the 1 hour NAAQS. Upon revocation of the 1 hour NAAQS for an area, conformity determinations pursuant to section 176( c) of the CAA are no longer required for the 1 hour NAAQS. At that time, any STAFF DRAFT   DO NOT QUOTE, CITE OR DISTRIBUTE 288 provisions of applicable SIPs that require conformity determinations in such areas for the 1 hour NAAQS will no longer be enforceable pursuant to section 176( c)( 5) of the CAA.

( 4) Nonattainment area new source review under the 1 hour NAAQS.

( i) Upon revocation of the 1 hour NAAQS for an area,

nonattainment area new source review pursuant to section 182 of the CAA is implementation plan provisions satisfying sections 172( c)( 5) and 173 ( including provisions satisfying 182) are no longer required based solely on the area's previous 1 hour NAAQS classification. Areas that areHowever, such requirements will remain enforceable as part of the approved implementation plan until such time as EPA approves implementation plan provisions satisfying sections 172( c)( 5) and 173 or the Prevention of Significant Deterioration ( PSD) provisions of part C of title I based on the area's classification under the 8 hour NAAQS.

( ii) An area that is initially designated nonattainment for the 8 hour standard would be covered by the new source review provisions8 hour NAAQS may modify its implementation plan provisions satisfying sections 172( c)( 5) and 173 to reflect applicability of subpart 1 or subpart 2 requirements based on their classification and coverage under this STAFF DRAFT   DO NOT QUOTE, CITE OR DISTRIBUTE 289 subpartunder the 8 hour NAAQS in part 81 of this chapter.

( iii) An area that is initially designated attainment for the 8 hour NAAQS may modify its implementation plan provisions to reflect applicability of PSD provisions,

unless otherwise provided by the CAA, such as for the Ozone Transport Region under section 184 of the CAA. ( iv) Any revision to the SIP under paragraphs ( e)( 4)( ii) and ( iii) of this section must meet the requirements of section 110( l)

and 193 of the CAA.

( f) What is the continued applicability of the NOx SIP Call after revocation of the 1 hour NAAQS? The NOx SIP Call shall continue to apply after revocation of the 1 hour NAAQS. Control obligations approved into the SIP pursuant to 40 CFR sections 51.121 and 51.122 may be modified by the State only if the requirements of sections 51.121 and 51.122, including the statewide NOx emission budgets,

continue to be met and the State makes a showing consistent with section 110( l).

Sec. 51.906 [ Reserved]

Sec. 51.907 For an area that fails to attain the 8 hour NAAQS by its attainment date, how does EPA interpret sections 172( a)( 2)( C)( ii) and 181( a)( 5)( B) of the CAA?

For purposes of applying sections 172( a)( 2)( C) and 181( a)( 5) STAFF DRAFT   DO NOT QUOTE, CITE OR DISTRIBUTE 290 of the CAA, an area will meet the requirement of section 172( a)( 2)( C)( ii) or 181( a)( 5)( B) of the CAA pertaining to 1

year extensions of the attainment date if:

( a) for the first 1 year extension, the area's 4th highest daily 8 hour average in the attainment year is 0.084 ppm or less.

( b) for the second 1 year extension, the area's 4th highest daily 8 hour value, averaged over both the original attainment year and the first extension year, is 0.084 ppm or less.

Sec. 51.908 What is the required timeframe for obtaining emission reductions to ensure attainment by the attainment date?

For each nonattainment area, the State must provide for implementation of all control measures needed for attainment no later than the beginning of the attainment year ozone season.

Sec. 51.909 [ Reserved]

Sec. 51.910 [ Reserved]

Sec. 51.911 [ Reserved]

Sec. 51.912 [ Reserved]

Sec. 51.913 [ Reserved]

Sec. 51.914 [ Reserved] STAFF DRAFT   DO NOT QUOTE, CITE OR DISTRIBUTE 291 Sec. 51.915 [ Reserved]

Sec. 51.916 [ Reserved]

40 CFR Part 81   Designation of Areas for Air Quality Planning Purposes 40 CFR 81 is proposed to be amended by adding and reserving a new subpart E to read as follows:

Subpart E [ Reserved]

[ Note   this subpart will identify area designations and classifications for the 1 hour NAAQS in place at the time the 1 hour NAAQS no longer applies to each area; this is being done to implement the rule on anti backsliding under 40 CFR 51.905.]


[Federal Register Volume 79, Number 145 (Tuesday, July 29, 2014)]
[Proposed Rules]
[Pages 43981-43983]
[FR Doc No: 2014-17780]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0485; Directorate Identifier 2014-NM-093-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to supersede Airworthiness Directive (AD) 2007-13-
05, which applies to all The Boeing Company Model 777 airplanes. AD
2007-13-05 currently requires repetitive measurements of the freeplay
of the right and left elevators, rudder, and rudder tab, and related
investigative and corrective actions if necessary. Since we issued AD
2007-13-05, the manufacturer determined that the procedure for the
rudder freeplay inspection does not properly detect excessive freeplay
in the rudder control load loop. This proposed AD would require
repetitive freeplay inspections and lubrication of the right and left
elevators, rudder, and rudder tab; and related investigative and
corrective actions if necessary. We are proposing this AD to detect and
correct flutter, which can cause damage to the control surface
structure and consequent loss of control of the airplane.

DATES: We must receive comments on this proposed AD by September 12,
2014.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, 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: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management, P.
O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone<PHONE_NUMBER>,
extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com.
You may view this 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 by searching for and locating Docket No. FAA-2014-
0485; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this proposed AD, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Office (phone:<PHONE_NUMBER>) is in the ADDRESSES section. Comments will
be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Haytham Alaidy, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office
(ACO), 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-
6573; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2014-0485;
Directorate Identifier 2014-NM-093-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://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

    On April 11, 2007, we issued AD 2007-13-05, Amendment 39-15109 (72
FR 33856, June 20, 2007), for all The Boeing Company Model 777
airplanes. AD 2007-13-05 requires repetitive measurement of the
freeplay of the right and left elevators, rudder, and rudder tab; and
related investigative and corrective actions if necessary. AD 2007-13-
05 also requires repetitive lubrication of the elevator, rudder, and
rudder tab components. AD 2007-13-05 resulted from reports of freeplay-
induced vibration of unbalanced control surfaces. We issued AD 2007-13-
05 to detect and correct flutter, which can cause damage to the control
surface structure and consequent loss of control of the airplane.

Actions Since AD 2007-13-05, Amendment 39-15109 (72 FR 33856, June 20,
2007) Was Issued

    Since we issued AD 2007-13-05, Amendment 39-15109 (72 FR 33856,
June 20, 2007), the manufacturer determined that the procedure for the
rudder freeplay inspection does not properly detect excessive freeplay
in the rudder control load loop.

Relevant Service Information

    We reviewed Boeing Special Attention Service Bulletin 777-27-0062,
Revision 2, dated January 27, 2014. For information on the procedures
and compliance times, see this service information at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0485.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.

Proposed AD Requirements

    Although this proposed AD does not explicitly restate the
requirements of AD 2007-13-05, Amendment 39-15109 (72 FR 33856, June
20, 2007), this proposed AD would retain all requirements of AD 2007-
13-05. Those requirements are referenced in the service information
identified previously, which, in turn, is referenced in paragraphs (g)
and (h) of this proposed AD.
    This proposed AD would require repetitive inspections
(measurements) of the freeplay of the right and left elevators, rudder,
and rudder tab; and related investigative and corrective actions if
necessary. This proposed AD would also require repetitive lubrication
of the elevator, rudder, and rudder tab components.
    The phrase ``corrective actions'' is used in this proposed AD.
``Corrective actions'' are actions that correct or address any
condition found. Corrective actions in an AD could include, for
example, repairs.

Costs of Compliance

    We estimate that this proposed AD affects 142 airplanes of U.S.
registry. The new actions of this proposed AD would add no additional
economic burden to that imposed by AD 2007-13-05, Amendment 39-15109
(72 FR 33856, June 20, 2007). The current costs for this AD are
repeated for the convenience of affected operators, as follows:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                              Parts                              Cost on U.S.
             Action                      Labor cost            cost      Cost per product         operators
----------------------------------------------------------------------------------------------------------------
Measurement (inspection),         4 work-hours x $85 per           $0  $340 per measurement  $48,280 per
 elevator.                         hour = $340 per                      (inspection) cycle.   measurement
                                   measurement                                                (inspection)
                                   (inspection) cycle.                                        cycle.
Lubrication, elevator...........  17 work-hours x $85 per           0  $1,445 per            $205,190 per
                                   hour = $1,445 per                    lubrication cycle.    lubrication cycle.
                                   lubrication cycle.
Measurement (inspection), rudder  4 work-hours x $85 per            0  $340 per measurement  $48,280 per
                                   hour = $340 per                      (inspection) cycle.   measurement
                                   measurement                                                (inspection)
                                   (inspection) cycle.                                        cycle.
Lubrication, rudder.............  7 work-hours x $85 per            0  $595 per lubrication  $84,490 per
                                   hour = $595 per                      cycle.                lubrication cycle.
                                   lubrication cycle.
Measurement (inspection), rudder  3 work-hours x $85 per            0  $255 per measurement  $36,210 per
 tab.                              hour = $255 per                      (inspection) cycle.   measurement
                                   measurement                                                (inspection)
                                   (inspection) cycle.                                        cycle.
Lubrication, rudder tab.........  5 work-hours x $85 per            0  $425 per lubrication  $60,350 per
                                   hour = $425 per                      cycle.                lubrication cycle.
                                   lubrication cycle.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide
cost estimates for the on-condition corrective actions specified in
this proposed AD.

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 have 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 that the proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing Airworthiness Directive (AD)
2007-13-05, Amendment 39-15109 (72 FR 33856, June 20, 2007), and adding
the following new AD:

The Boeing Company: Docket No. FAA-2014-0485; Directorate Identifier
2014-NM-093-AD.

(a) Comments Due Date

    The FAA must receive comments on this AD action by September 12,
2014.

(b) Affected ADs

    This AD replaces AD 2007-13-05, Amendment 39-15109 (72 FR 33856,
June 20, 2007).

(c) Applicability

    This AD applies to The Boeing Company Model 777-200, -200LR, -
300, and -300ER series airplanes, certificated in any category, as
identified in paragraphs (c)(1) and (c)(2) of this AD.
    (1) Airplanes having a Variable Number identified in paragraph
1.A., ``Effectivity,'' of Boeing Special Attention Service Bulletin
777-27-0062, Revision 2, dated January 27, 2014.
    (2) Airplanes having a date of issuance of the original
airworthiness certificate or date of issuance of the original export
certificate of airworthiness on or after January 27, 2014.

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight
Controls.

(e) Unsafe Condition

    This AD was prompted by the manufacturer's determination that
the procedure for the rudder freeplay inspection does not properly
detect excessive freeplay in the rudder control load loop. We are
issuing this AD to detect and correct flutter, which can cause
damage to the control surface structure and consequent loss of
control of the airplane.

(f) Compliance

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

(g) Repetitive Inspections of Elevators, Rudder, and Rudder Tab

    At the applicable times specified in tables 1, 2, and 3 of
paragraph 1.E. ``Compliance,'' of Boeing Special Attention Service
Bulletin 777-27-0062, Revision 2, dated January 27, 2014, except as
provided by paragraph (i) of this AD: Inspect the freeplay of the
right and left elevators, rudder, and rudder tab by accomplishing
all of the actions specified in Parts 1, 3, and 5 of the
Accomplishment Instructions of Boeing Special Attention Service
Bulletin 777-27-0062, Revision 2, dated January 27, 2014. Repeat the
inspections thereafter at the intervals

specified in tables 1, 2, and 3 of paragraph 1.E. ``Compliance,'' of
Boeing Special Attention Service Bulletin 777-27-0062, Revision 2,
dated January 27, 2014. If during any inspection required by this
paragraph, the rudder freeplay exceeds any applicable measurement
specified in Part 1, 3, or 5 of the Accomplishment Instructions of
Boeing Special Attention Service Bulletin 777-27-0062, Revision 2,
dated January 27, 2014, before further flight, do the applicable
corrective actions in accordance with Parts 1, 3, or 5 of the
Accomplishment Instructions of Boeing Special Attention Service
Bulletin 777-27-0062, Revision 2, dated January 27, 2014.

(h) Repetitive Lubrication

    At the applicable times specified in tables 1, 2, and 3 of
paragraph 1.E. ``Compliance,'' of Boeing Special Attention Service
Bulletin 777-27-0062, Revision 2, dated January 27, 2014, except as
provided by paragraph (i) of this AD: Lubricate the elevator
components, rudder components, and rudder tab components, by
accomplishing all of the actions specified in Parts 2, 4, and 6 of
the Accomplishment Instructions of Boeing Special Attention Service
Bulletin 777-27-0062, Revision 2, dated January 27, 2014, as
applicable. Repeat the lubrication thereafter at the interval
specified in tables 1, 2, and 3 of paragraph 1.E. ``Compliance,'' of
Boeing Special Attention Service Bulletin 777-27-0062, Revision 2,
dated January 27, 2014, as applicable.

(i) Exception to Service Information Specifications

    Where Boeing Special Attention Service Bulletin 777-27-0062,
Revision 2, dated January 27, 2014, specifies a compliance time
``after the original issue date on this service bulletin'' this AD
requires compliance within the specified compliance time after July
25, 2007 (the effective date of AD 2007-13-05, Amendment 39-15109
(72 FR 33856, June 20, 2007).

(j) Credit for Previous Actions

    This paragraph provides credit for the actions required by
paragraphs (g) and (h) of this AD, if those actions were performed
before the effective date of this AD using the service information
specified in paragraph (j)(1) or (j)(2) of this AD.
    (1) Boeing Special Attention Service Bulletin 777-27-0062, dated
July 18, 2006, which was incorporated by reference in AD 2007-13-05,
Amendment 39-15109 (72 FR 33856, June 20, 2007).
    (2) Boeing Special Attention Service Bulletin 777-27-0062,
Revision 1, dated October 1, 2009, which is not incorporated by
reference in this AD.

(k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO),
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 manager of the ACO, send it to the
attention of the person identified in paragraph (l)(1) of this AD.
Information may be emailed to<EMAIL_ADDRESS>    (2) 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.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair required by this AD if it is approved by the
Boeing Commercial Airplanes Organization Designation Authorization
(ODA) that has been authorized by the Manager, Seattle ACO, to make
those findings. For a repair method to be approved, the repair must
meet the certification basis of the airplane, and the approval must
specifically refer to this AD.
    (4) AMOCs approved previously for AD 2007-13-05, Amendment 39-
15109 (72 FR 33856, June 20, 2007), are not approved as AMOCs for
this AD.

(l) Related Information

    (1) For more information about this AD, contact Haytham Alaidy,
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft
Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 98057-
3356; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com. You may view this 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>.

    Issued in Renton, Washington, on July 17, 2014.
John P. Piccola,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2014-17780 Filed 7-28-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: July 31, 2007 (Volume 72, Number 146)]
[Notices]
[Page 41715-41716]
[DOCID:fr31jy07-43]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP03-36-027]

Dauphin Island Gathering Partners; Notice of Negotiated Rate

July 20, 2007.
    Take notice that on July 18, 2007, Dauphin Island Gathering
Partners (Dauphin Island) tendered for filing as part of its FERC Gas
Tariff, First Revised Volume No. 1, the revised tariff sheets listed
below to become effective August 17, 2007:

Thirty-Third Revised Sheet No. 9
Twenty-Seventh Sheet No. 10

    Dauphin Island states that these tariff sheets reflect changes to
its statement of negotiated rates tariff sheets.
    Dauphin Island states that copies of the filing are being served
contemporaneously on its customers and other interested parties.
    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
Sec.  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>.

Kimberly D. Bose,
Secretary.
 [FR Doc. E7-14736 Filed 7-30-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 86 (Thursday, May 4, 2023)]
[Notices]
[Pages 28534-28535]
[FR Doc No: 2023-09495]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #2

    Take notice that the Commission received the following electric
rate filings:
    Docket Numbers: ER23-1749-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: 2023-04-28_SA 3235 ITC
Midwest-Duane Arnold Solar 1st Rev GIA (J504) to be effective 4/21/
2023.
    Filed Date: 4/28/23.
    Accession Number: 20230428-5108.
    Comment Date: 5 p.m. ET 5/19/23.

    Docket Numbers: ER23-1750-000.
    Applicants: Midcontinent Independent System Operator, Inc., Ameren
Illinois Company.
    Description: Sec.  205(d) Rate Filing: Midcontinent Independent
System Operator, Inc. submits tariff filing per 35.13(a)(2)(iii: 2023-
04-28_SA 4046 Ameren IL-Electric Energy Relocation Agreement to be
effective 6/28/2023.
    Filed Date: 4/28/23.
    Accession Number: 20230428-5128.
    Comment Date: 5 p.m. ET 5/19/23.

    Docket Numbers: ER23-1751-000.
    Applicants: Southern California Edison Company.
    Description: Sec.  205(d) Rate Filing: 1st Amend GIA, Windhub Solar
B + Removal from eTariff record (WDT1515/SA1050) to be effective 6/28/
2023.
    Filed Date: 4/28/23.
    Accession Number: 20230428-5157.
    Comment Date: 5 p.m. ET 5/19/23.

    Docket Numbers: ER23-1752-000.
    Applicants: Oak Trail Solar, LLC.
    Description: Baseline eTariff Filing: Reactive Power Compensation
Baseline Filing to be effective 6/30/2023.
    Filed Date: 4/28/23.
    Accession Number: 20230428-5189.
    Comment Date: 5 p.m. ET 5/19/23.

    Docket Numbers: ER23-1753-000.
    Applicants: MATL LLP.
    Description: Compliance filing: Order No. 676-J (Second) Compliance
Filing to be effective 5/1/2023.
    Filed Date: 4/28/23.
    Accession Number: 20230428-5204.
    Comment Date: 5 p.m. ET 5/19/23.

    Docket Numbers: ER23-1754-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 4059 WAPA, Northern States
Power & MISO Interconnection Ag to be effective 12/31/9998.
    Filed Date: 4/28/23.
    Accession Number: 20230428-5235.
    Comment Date: 5 p.m. ET 5/19/23.

    Docket Numbers: ER23-1755-000.
    Applicants: Public Service Company of Colorado.
    Description: Compliance filing: 2023-04-28-Att O PSCo Appendix 1--
Amnd to be effective 4/27/2022.
    Filed Date: 4/28/23.
    Accession Number: 20230428-5245.
    Comment Date: 5 p.m. ET 5/19/23.

    Docket Numbers: ER23-1756-000.
    Applicants: Long Island Solar Farm, LLC.
    Description: Sec.  205(d) Rate Filing: LISF Tariff Update Filing to
be effective 4/29/2023.
    Filed Date: 4/28/23.
    Accession Number: 20230428-5251.
    Comment Date: 5 p.m. ET 5/19/23.

    Docket Numbers: ER23-1757-000.
    Applicants: Montevue Lane Solar LLC.
    Description: Baseline eTariff Filing: Market-Based Rate Application
to be effective 6/28/2023.
    Filed Date: 4/28/23.
    Accession Number: 20230428-5267.
    Comment Date: 5 p.m. ET 5/19/23.

    Docket Numbers: ER23-1758-000.
    Applicants: Niagara Mohawk Power Corporation, New York Independent
System Operator, Inc.
    Description: Sec.  205(d) Rate Filing: Niagara Mohawk Power
Corporation submits tariff filing per 35.13(a)(2)(iii: NYISO-National
Grid Joint 205: Amended SGIA Hilltop Solar Project SA2638 to be
effective 4/14/2023.
    Filed Date: 4/28/23.
    Accession Number: 20230428-5268.
    Comment Date: 5 p.m. ET 5/19/23.

    Docket Numbers: ER23-1759-000.
    Applicants: 2014 ESA Project Company, LLC.
    Description: Tariff Amendment: Notice of Cancellation to be
effective 4/29/2023.
    Filed Date: 4/28/23.
    Accession Number: 20230428-5275.
    Comment Date: 5 p.m. ET 5/19/23.

    Docket Numbers: ER23-1760-000.
    Applicants: Guernsey Power Station LLC.
    Description: Baseline eTariff Filing: Reactive Power Tariff
Application to be effective 6/1/2023.
    Filed Date: 4/28/23.
    Accession Number: 20230428-5276.
    Comment Date: 5 p.m. ET 5/19/23.

    Docket Numbers: ER23-1761-000.
    Applicants: Public Service Company of Colorado.
    Description: Sec.  205(d) Rate Filing: 2023-04-28 WAPA CFA 350-PSCo
Exhibit L Rev 2-0.2.0 to be effective 6/27/2023.
    Filed Date: 4/28/23.

    Accession Number: 20230428-5366.
    Comment Date: 5 p.m. ET 5/19/23.

    Docket Numbers: ER23-1762-000.
    Applicants: Evergy Kansas Central, Inc.
    Description: Sec.  205(d) Rate Filing: TFR Reg Asset 205 Filing
April 2023 to be effective 7/1/2023.
    Filed Date: 4/28/23.
    Accession Number: 20230428-5379.
    Comment Date: 5 p.m. ET 5/19/23.

    Docket Numbers: ER23-1763-000.
    Applicants: AE-ESS NWS 1, LLC.
    Description: Tariff Amendment: AE-ESS NWS 1 Cancellation of MBR
Tariff to be effective 5/1/2023.
    Filed Date: 4/28/23.
    Accession Number: 20230428-5387.
    Comment Date: 5 p.m. ET 5/19/23.

    Docket Numbers: ER23-1764-000.
    Applicants: Evergy Kansas Central, Inc.
    Description: Sec.  205(d) Rate Filing: GFR Reg Asset 205 April 2023
to be effective 7/1/2023.
    Filed Date: 4/28/23.
    Accession Number: 20230428-5393.
    Comment Date: 5 p.m. ET 5/19/23.

    Docket Numbers: ER23-1765-000.
    Applicants: Duke Energy Florida, LLC.
    Description: Sec.  205(d) Rate Filing: DEF--CFTOD Revised NITSA SA
No. 147 to be effective 4/1/2023.
    Filed Date: 4/28/23.
    Accession Number: 20230428-5405.
    Comment Date: 5 p.m. ET 5/19/23.

    Docket Numbers: ER23-1766-000.
    Applicants: Boott Hydropower, LLC.
    Description: Baseline eTariff Filing: Market-Based Rate Application
and Request for Expedited Action to be effective 5/1/2023.
    Filed Date: 4/28/23.
    Accession Number: 20230428-5408.
    Comment Date: 5 p.m. ET 5/19/23.

    Docket Numbers: ER23-1767-000.
    Applicants: ISO New England Inc., The Narragansett Electric
Company.
    Description: Sec.  205(d) Rate Filing: ISO New England Inc. submits
tariff filing per 35.13(a)(2)(iii: Second Revised LGIA-ISONE/NEP-10-03
and First Revised SGIA-ISONE/NEP-13-03 to be effective 1/1/2023.
    Filed Date: 4/28/23.
    Accession Number: 20230428-5409.
    Comment Date: 5 p.m. ET 5/19/23.
    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: April 28, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-09495 Filed 5-3-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 123 (Monday, June 27, 2011)]
[Notices]
[Page 37359]
[FR Doc No: 2011-16024]

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

Federal Emergency Management Agency

[Docket ID: FEMA-2011-0008]

Agency Information Collection Activities: Submission for OMB
Review; Comment Request, 1660-0044; Emergency Management Institute
Follow-Up Evaluation Survey

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice; 30-day notice and request for comments; extension,
without change, of a currently approved information collection; OMB No.
1660-0044; FEMA Form 519-0-1 (Presently FEMA Form 95-56), Post-Course
Evaluation Questionnaire.

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SUMMARY: The Federal Emergency Management Agency (FEMA) will submit the
information collection abstracted below to the Office of Management and
Budget for review and clearance in accordance with the requirements of
the Paperwork Reduction Act of 1995. The submission will describe the
nature of the information collection, the categories of respondents,
the estimated burden (i.e., the time, effort and resources used by
respondents to respond) and cost, and the actual data collection
instruments FEMA will use.

DATES: Comments must be submitted on or before July 27, 2011.

ADDRESSES: Submit written comments on the proposed information
collection to the Office of Information and Regulatory Affairs, Office
of Management and Budget. Comments should be addressed to the Desk
Officer for the Department of Homeland Security, Federal Emergency
Management Agency, and sent via electronic mail to
<EMAIL_ADDRESS>or faxed to<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Requests for additional information or
copies of the information collection should be made to Director,
Records Management Division, 1800 South Bell Street, Arlington, VA
20598-3005, facsimile number<PHONE_NUMBER>, or e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Collection of Information

    Title: Emergency Management Institute Follow-up Evaluation Survey.
    Type of Information Collection: Extension, without change, of a
currently approved information collection.
    OMB Number: OMB No. 1660-0044.
    Form Titles and Numbers: FEMA Form 519-0-1 (Presently FEMA Form 95-
56), Post-Course Evaluation Questionnaire.
    Abstract: The Emergency Management Institute Follow-up Survey
allows trainees at the Emergency Management Institute to self-assess
the knowledge and skills gained through emergency management-related
courses and the extent to which they have been beneficial and
applicable in the conduct of their official positions. The information
collected is used to review course content and offerings for program
planning and management purposes.
    Affected Public: Individuals or households, State, local or Tribal
government.
    Estimated Number of Respondents: 3,800.
    Frequency of Response: Once.
    Estimated Average Hour Burden per Respondent: .25 burden hours.
    Estimated Total Annual Burden Hours: 950 burden hours.
    Estimated Cost: There are no annual start-up or capital costs.

    Dated: June 13, 2011.
 Lesia M. Banks,
Director, Records Management Division, Mission Support Bureau, Federal
Emergency Management Agency, Department of Homeland Security.
[FR Doc. 2011-16024 Filed 6-24-11; 8:45 am]
BILLING CODE 9111-27-P


[Federal Register Volume 86, Number 140 (Monday, July 26, 2021)]
[Notices]
[Page 40069]
[FR Doc No: 2021-15867]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2021-0002; Internal Agency Docket No. FEMA-B-2063]

Proposed Flood Hazard Determinations for Bay County, Florida and
Incorporated Areas

AGENCY: Federal Emergency Management Agency, Department of Homeland
Security.

ACTION: Notice; withdrawal.

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SUMMARY: The Federal Emergency Management Agency (FEMA) is withdrawing
its proposed notice concerning proposed flood hazard determinations,
which may include the addition or modification of any Base Flood
Elevation, base flood depth, Special Flood Hazard Area boundary or zone
designation, or regulatory floodway (herein after referred to as
proposed flood hazard determinations) on the Flood Insurance Rate Maps
and, where applicable, in the supporting Flood Insurance Study reports
for Bay County, Florida and Incorporated Areas.

DATES: This withdrawal is July 26, 2021.

ADDRESSES: You may submit comments, identified by Docket No. FEMA-B-
2063, to Rick Sacbibit, Chief, Engineering Services Branch, Federal
Insurance and Mitigation Administration, FEMA, 400 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>, or (email)
<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Rick Sacbibit, Chief, Engineering
Services Branch, Federal Insurance and Mitigation Administration, FEMA,
400 C Street SW, Washington, DC 20472,<PHONE_NUMBER>, or (email)
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: On November 18, 2020, FEMA published a
proposed notice at 85 FR 73502, proposing flood hazard determinations
for Bay County, Florida and Incorporated Areas. FEMA is withdrawing the
proposed notice.
    Authority: 42 U.S.C. 4104; 44 CFR 67.4.

Michael M. Grimm,
Assistant Administrator for Risk Management, Department of Homeland
Security, Federal Emergency Management Agency.
[FR Doc. 2021-15867 Filed 7-23-21; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 82, Number 24 (Tuesday, February 7, 2017)]
[Notices]
[Pages 9625-9627]
[FR Doc No: 2017-02442]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79914; File No. SR-NYSEArca-2016-120]

Self-Regulatory Organizations; NYSE Arca, Inc.; Order Instituting
Proceedings To Determine Whether To Approve or Disapprove a Proposed
Rule Change, as Modified by Amendment No. 1, To List and Trade Shares
of the ForceShares Daily 4X US Market Futures Long Fund and ForceShares
Daily 4X US Market Futures Short Fund Under Commentary .02 to NYSE Arca
Equities Rule 8.200

February 1, 2017.

I. Introduction

    On October 17, 2016, NYSE Arca, Inc. (``NYSE Arca'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to list and trade shares (``Shares'') of the
ForceShares Daily 4X US Market Futures Long Fund (``Fund'' or ``Long
Fund'') and ForceShares Daily 4X US Market Futures Short Fund (``Fund''
or ``Short Fund'' and, together with the Long Fund, the ``Funds'')
under Commentary .02 to NYSE Arca Equities Rule 8.200. The proposed
rule change was published for comment in the Federal Register on
November 4, 2016.\3\ On December 14, 2016, pursuant to Section 19(b)(2)
of the Act,\4\ the Commission designated a longer period within which
to approve the proposed rule change, disapprove the proposed rule
change, or institute proceedings to determine whether to disapprove the
proposed rule change.\5\ On December 22, 2016, the Exchange filed
Amendment No. 1 to the proposed rule change, which replaced and
superseded the proposed rule change as originally filed.\6\ The
Commission has received no comments on the proposed rule change. This
order institutes proceedings under Section 19(b)(2)(B) of the Act \7\
to determine whether to approve or disapprove the proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 79201 (October 31,
2016), 81 FR 76977.
    \4\ 15 U.S.C. 78s(b)(2).
    \5\ See Securities Exchange Act Release No. 79550, 81 FR 92892
(December 20, 2016). The Commission designated February 2, 2017, as
the date by which it shall approve, disapprove, or institute
proceedings to determine whether to disapprove the proposed rule
change.
    \6\ In Amendment No. 1, the Exchange: (a) Clarified the
permissible investments of the Funds; (b) added that a creation
basket may not differ in size from a redemption basket, and that
basket sizes may be between 10,000 and 100,000 Shares; (c) modified
when purchase orders may be rejected, when the right of redemption
may be suspended, and when the redemption settlement date may be
postponed; and (d) made various technical changes. Amendment No. 1
is available at: https://www.sec.gov/comments/sr-nysearca-2016-120/nysearca2016120-1442225-130027.pdf.
    \7\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

II. Exchange's Description of the Proposal, as Modified by Amendment
No. 1

    The Exchange proposes to list and trade the Shares under Commentary
.02 to NYSE Arca Equities Rule 8.200, which governs the listing and
trading of Trust Issued Receipts on the Exchange. Each Fund is a
commodity pool that is a series of the ForceShares Trust. ForceShares
LLC will be the sponsor of the Funds (``Sponsor''). ALPS Distributors,
Inc. will be the marketing agent for the Shares. U.S. Bank National
Association will be the Funds' custodian (``Custodian'') and will hold
the Funds' cash and cash equivalents. The Custodian will also be the
registrar and transfer agent for the Shares.
    The Long Fund's primary investment objective is to seek daily
investment

results, before fees and expenses, that correspond to approximately
four times (400%) the daily performance, and the Short Fund's primary
investment objective is to seek daily investment results, before fees
and expenses, that correspond to approximately four times the inverse
(-400%) of the daily performance, of the closing settlement price for
lead month (i.e., the ``near month'' or next-to-expire) Standard &
Poor's 500 Stock Price Index Futures contracts (``Big S&P Contracts'')
that are traded on the Chicago Mercantile Exchange. Each Fund will not
seek to achieve its primary investment objective over a period of time
greater than a single day.
    Under normal market condition, each Fund will seek to achieve its
primary investment objective by investing primarily in Big S&P
Contracts such that daily changes in the Fund's net asset value
(``NAV'') are expected to closely track the changes, in the case of the
Long Fund, or the inverse of the changes, in the case of the Short
Fund, in the closing settlement price of the lead month Big S&P
Contracts (``Benchmark'') on a leveraged basis. Each Fund will also
invest in E-MiniTM S&P 500[supreg] Futures contracts (``E-
Minis'' and, together with Big S&P Contracts, ``Primary S&P
Interests'') to seek to achieve its primary investment objective where
position limits prevent further purchases of Big S&P Contracts. Each
Fund expects to apply approximately 10-25% of its portfolio toward
obtaining exposure to futures contracts, all of which would be lead
month or deferred month Primary S&P Interests. Each Fund may also
invest in swap agreements (cleared and over-the-counter) referencing
Primary S&P Interests or the S&P 500 Index, and over-the-counter
forward contracts referencing Primary S&P Interests (``Other S&P
Interests''). Each Fund may invest in Other S&P Interests in an amount
up to 25% of its net assets.
    Each Fund may acquire or dispose of Stop Options on Primary S&P
Interests in pursuing its secondary investment objective of recouping a
small amount of a Fund's losses that may result from large movements in
the Benchmark. Stop Options are expected to average less than
approximately 5% of each Fund's portfolio.\8\
---------------------------------------------------------------------------

    \8\ Not more than 10% of the net assets of each Fund in the
aggregate invested in futures contracts or exchange-traded options
contracts will consist of futures contracts or exchange-traded
options contracts whose principal market is not a member of the
Intermarket Surveillance Group or is a market with which the
Exchange does not have a comprehensive surveillance sharing
agreement.
---------------------------------------------------------------------------

    On a day-to-day basis, each Fund will invest the remainder of its
assets in money market funds, depository accounts with institutions
with high quality credit ratings, or short-term debt instruments that
have terms-to-maturity of less than 397 days and exhibit high quality
credit profiles, including U.S. government securities and repurchase
agreements (collectively, ``Cash Equivalents''). Cash Equivalents are
expected to comprise approximately 70-85% of each Fund's portfolio.\9\
---------------------------------------------------------------------------

    \9\ For more information regarding the Funds and the Shares, see
Amendment No. 1, supra note 6.
---------------------------------------------------------------------------

III. Proceedings To Determine Whether To Approve or Disapprove SR-
NYSEArca-2016-120 and Grounds for Disapproval Under Consideration

    The Commission is instituting proceedings pursuant to Section
19(b)(2)(B) of the Act \10\ to determine whether the proposed rule
change should be approved or disapproved. Institution of such
proceedings is appropriate at this time in view of the legal and policy
issues raised by the proposed rule change. Institution of proceedings
does not indicate that the Commission has reached any conclusions with
respect to any of the issues involved. Rather, as described below, the
Commission seeks and encourages interested persons to provide comments
on the proposed rule change.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

    Pursuant to Section 19(b)(2)(B) of the Act,\11\ the Commission is
providing notice of the grounds for disapproval under consideration.
The Commission is instituting proceedings to allow for additional
analysis of the proposed rule change's consistency with Section 6(b)(5)
of the Act, which requires, among other things, that the rules of a
national securities exchange be ``designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade,'' and ``to protect investors and the public
interest.'' \12\
---------------------------------------------------------------------------

    \11\ Id.
    \12\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

IV. Procedure: Request for Written Comments

    The Commission requests that interested persons provide written
submissions of their views, data, and arguments with respect to the
issues identified above, as well as any other concerns they may have
with the proposal. In particular, the Commission invites the written
views of interested persons concerning whether the proposal is
consistent with Section 6(b)(5) or any other provision of the Act, or
the rules and regulations thereunder. Although there do not appear to
be any issues relevant to approval or disapproval that would be
facilitated by an oral presentation of views, data, and arguments, the
Commission will consider, pursuant to Rule 19b-4, any request for an
opportunity to make an oral presentation.\13\
---------------------------------------------------------------------------

    \13\ Section 19(b)(2) of the Act, as amended by the Securities
Acts Amendments of 1975, Public Law 94-29 (June 4, 1975), grants the
Commission flexibility to determine what type of proceeding--either
oral or notice and opportunity for written comments--is appropriate
for consideration of a particular proposal by a self-regulatory
organization. See Securities Acts Amendments of 1975, Senate Comm.
on Banking, Housing & Urban Affairs, S. Rep. No. 75, 94th Cong., 1st
Sess. 30 (1975).
---------------------------------------------------------------------------

    Interested persons are invited to submit written data, views, and
arguments regarding whether the proposal should be approved or
disapproved by February 28, 2017. Any person who wishes to file a
rebuttal to any other person's submission must file that rebuttal by
March 14, 2017. The Commission asks that commenters address the
sufficiency of the Exchange's statements in support of the proposal,
which are set forth in Amendment No. 1,\14\ in addition to any other
comments they may wish to submit about the proposed rule change. The
Commission notes that the proposal sets forth certain conditions
relating to the creation and redemption of baskets of Shares. In
particular, under the proposal, ``[t]he Sponsor may, in its discretion,
suspend the right of redemption, or postpone the redemption settlement
date with respect to a Fund . . . for such other period as the Sponsor
determines to be necessary for the protection of a Fund's Shareholders.
. . .'' \15\ What are commenters' views on the scope of this discretion
with respect to redemptions? Is the discretion likely to have an effect
on the arbitrage mechanisms and, if so, how?
---------------------------------------------------------------------------

    \14\ See supra note 6.
    \15\ See Amendment No. 1, supra note 6, at 21.
---------------------------------------------------------------------------

    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 Number SR-NYSEArca-2016-120 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-NYSEArca-2016-120. 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; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSEArca-2016-120 and should
be submitted on or before February 28, 2017. Rebuttal comments should
be submitted by March 14, 2017.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
---------------------------------------------------------------------------

    \16\ 17 CFR 200.30-3(a)(57).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-02442 Filed 2-6-17; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 57 (Monday, March 25, 2019)]
[Notices]
[Pages 11106-11107]
[FR Doc No: 2019-05654]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2019-N-0747]

Antimicrobial Drugs Advisory Committee; Notice of Meeting;
Establishment of a Public Docket; Request for Comments

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice; establishment of a public docket; request for comments.

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

SUMMARY: The Food and Drug Administration (FDA) announces a forthcoming
public advisory committee meeting of the Antimicrobial Drugs Advisory
Committee. The general function of the committee is to provide advice
and recommendations to FDA on regulatory issues. The meeting will be
open to the public. FDA is establishing a docket for public comment on
this meeting.

DATES: The meeting will be held on April 25, 2019, from 8:30 a.m. to
4:30 p.m.

ADDRESSES: Tommy Douglas Conference Center, the Ballroom, 10000 New
Hampshire Ave., Silver Spring, MD 20903. The conference center's
telephone number is<PHONE_NUMBER>. Answers to commonly asked questions
about FDA Advisory Committee meetings may be accessed at: https://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm408555.htm.
Information about the Tommy Douglas Conference Center can be accessed
at: https://www.tommydouglascenter.com/.
    FDA is establishing a docket for public comment on this meeting.
The docket number is FDA-2019-N-0747. The docket will close on April
24, 2019. Submit either electronic or written comments on this public
meeting by April 24, 2019. Please note that late, untimely filed
comments will not be considered. Electronic comments must be submitted
on or before April 24, 2019. The https://www.regulations.gov electronic
filing system will accept comments until 11:59 p.m. Eastern Time at the
end of April 24, 2019. Comments received by mail/hand delivery/courier
(for written/paper submissions) will be considered timely if they are
postmarked or the delivery service acceptance receipt is on or before
that date.
    Comments received on or before April 11, 2019, will be provided to
the committee. Comments received after that date will be taken into
consideration by FDA.
    You may submit comments as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the

public, submit the comment as a written/paper submission and in the
manner detailed (see ``Written/Paper Submissions'' and
``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the FDA-2019-N-
0747 for ``Antimicrobial Drugs Advisory Committee; Notice of Meeting;
Establishment of a Public Docket; Request for Comments.'' Received
comments, those filed in a timely manner (see ADDRESSES), will be
placed in the docket and, except for those submitted as ``Confidential
Submissions,'' publicly viewable at https://www.regulations.gov or at
the Dockets Management Staff between 9 a.m. and 4 p.m., Monday through
Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' FDA will review
this copy, including the claimed confidential information, in its
consideration of comments. The second copy, which will have the claimed
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more information about FDA's posting of comments to public dockets, see
80 FR 56469, September 18, 2015, or access the information at: https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Lauren Tesh, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 31, Rm. 2417, Silver Spring, MD 20993-0002, 301-
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SUPPLEMENTARY INFORMATION:
    Agenda: The committee will discuss one or more possible pathways
for approval of rabies virus monoclonal antibodies for use as the
passive-immunization component of post-exposure prophylaxis.
    FDA intends to make background material available to the public no
later than 2 business days before the meeting. If FDA is unable to post
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the advisory committee meeting, and the background material will be
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link.
    Procedure: Interested persons may present data, information, or
views, orally or in writing, on issues pending before the committee.
All electronic and written submissions submitted to the Docket (see
ADDRESSES) on or before April 11, 2019, will be provided to the
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making formal oral presentations should notify the contact person and
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    Notice of this meeting is given under the Federal Advisory
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    Dated: March 20, 2019.
Lowell J. Schiller,
Acting Associate Commissioner for Policy.
[FR Doc. 2019-05654 Filed 3-22-19; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register: September 28, 2010 (Volume 75, Number 187)]
[Rules and Regulations]
[Page 59617-59620]
[DOCID:fr28se10-9]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 104, 105, and 160

[Docket No. USCG-2004-19963]
RIN 1625-AA93

Notification of Arrival in U.S. Ports; Certain Dangerous Cargoes

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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

SUMMARY: The Coast Guard is adopting, with changes, an interim rule
published December 16, 2005, regarding certain dangerous cargo (CDC)
and notice of arrival requirements. The interim rule defined certain
dangerous cargo residue (CDC residue) as limited to certain dry cargo
and made other changes to regulations in 33 CFR parts 104, 105, and
160. After reviewing comments on the interim rule, the Coast Guard
issued a notice of proposed rulemaking in 2009 that proposed to change
the CDC residue definition to include certain bulk liquids and
liquefied gases in residue quantities, revise the definition of CDC to
reflect the proposed change in the CDC residue definition, and adopt
other changes introduced by the 2005 interim rule. This final rule will
relieve an unnecessary burden on industry by including more lower-risk
cargoes in the CDC residue category and thereby reducing the number of
notice of arrival submissions required based on the cargo a vessel is
carrying.

DATES: This final rule is effective October 28, 2010.

ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are a part of docket USCG-2004-19963 and are available for inspection
or copying at the Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. You may also find this
docket on the Internet by going to http://www.regulations.gov,
inserting USCG-2004-19963 in the ``Keyword'' box, and then clicking
``Search.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or e-mail Lieutenant Sharmine Jones, Office of Vessel Activities,
Coast Guard; telephone<PHONE_NUMBER>, e-mail<EMAIL_ADDRESS>
If you have questions on viewing the docket, call Renee V. Wright,
Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Contents for Preamble

I. Abbreviations
II. Regulatory History
III. Basis and Purpose
IV. Background
V. Discussion of Comments and Changes
VI. Regulatory Analyses
    A. Regulatory Planning and Review
    B. Small Entities
    C. Assistance for Small Entities
    D. Collection of Information
    E. Federalism
    F. Unfunded Mandates Reform Act
    G. Taking of Private Property
    H. Civil Justice Reform
    I. Protection of Children
    J. Indian Tribal Governments
    K. Energy Effects
    L. Technical Standards
    M. Environment

I. Abbreviations

CDC Certain dangerous cargo
CDC residue Certain dangerous cargo residue
CFR Code of Federal Regulations
CTAC Chemical Transportation Advisory Committee
DHS Department of Homeland Security
FR Federal Register
NOA Notice of arrival
NPRM Notice of proposed rulemaking
OMB Office of Management and Budget
TSAC Towing Safety Advisory Committee
U.S.C. United States Code

II. Regulatory History

The Coast Guard published an interim rule on December 16, 2005, titled
``Notification of Arrival in U.S. Ports; Certain Dangerous Cargoes;
Electronic Submission'' (70 FR 74663). That interim rule adopted the
definition of certain dangerous cargo (CDC), which a 2004 temporary
final rule (69 FR 51176, August 18, 2004) introduced. By revising Sec.
104.105 in Title 33 of the Code of Federal Regulations (33 CFR), the
interim rule also made permanent the application of vessel security
requirements in 33 CFR part 104 to barges carrying CDC. The interim
rule, however, removed the remainder of the temporary changes made to
33 CFR parts 104 and 105 because they involved past submission and
compliance deadlines and were no longer necessary.
The interim rule also introduced changes that were not included in the
2004 temporary final rule, including--
 Adding another optional method, via Microsoft InfoPath, for
electronic submission of notices of arrival (NOAs).
 Clarifying that Coast Guard NOA regulations in 33 CFR part
160, subpart C, do not apply to U.S. recreational vessels.
 Adding a definition of ``CDC residue'' that identified certain
dry cargo in bulk that, at or below specified quantities, did not
trigger NOA requirements. The 2005 definition of CDC residue only
included residue quantities of bulk ammonium nitrate or ammonium
nitrate fertilizer that remained onboard after the vessel discharges
all saleable cargo; no other cargo residues fell within the interim
rule definition of CDC residue.
    In response to the 2005 interim rule, the Coast Guard received a
comment from the Chemical Transportation Advisory Committee (CTAC)
suggesting that the Coast Guard revise the definition of CDC residue to
include some bulk liquids and liquefied gases. The Coast Guard
requested CTAC's Hazardous Cargoes Transportation Security Subcommittee
to assist in our rulemaking. They reviewed the current requirement that
a CDC vessel remain a CDC vessel until the removal of all bulk liquid
and liquefied gas CDC cargoes, including residue quantities of such
cargoes, from the vessel. The Committee completed its recommendation on
August 24, 2006, and submitted it to the Coast Guard for review and
consideration. (See the CTAC Recommendations Related to Residues of CDC
Cargoes, August 24, 2006, which is available in the docket for this
rulemaking.) The Coast Guard concurred with CTAC's recommendations to--
     Keep cargoes of Anhydrous Ammonia, Chlorine, Ethane,
Ethylene Oxide, Methane (LNG), Methyl Bromide, Sulfur Dioxide, and
Vinyl Chloride as CDC at all times, even when only residue quantities
remain onboard.
     Allow other cargoes that would be considered CDC in larger
quantities to be defined as CDC residue if the amount that remains
onboard in a cargo system after discharge is not accessible through
normal transfer procedures.
    The Coast Guard took steps to implement these recommendations. On
December 23, 2009, we published a notice of proposed rulemaking (NPRM)
titled ``Notification of Arrival in U.S. Ports; Certain Dangerous
Cargoes'' (74 FR 68208). In it, the Coast Guard proposed to amend the
definitions of CDC and CDC residue in accordance with CTAC's
recommendation. With the exception of the revision of these two
definitions, the NPRM proposed to adopt the current regulations
introduced by the interim rule in 2005 as final.
    We received two comments on the proposed rule. No public meeting
was requested and none was held.

III. Basis and Purpose

    Under authority of the Ports and Waterways Safety Act (see,
specifically, 33 U.S.C. 1223 and 1231) and the Maritime Transportation
Security Act (46 U.S.C. Chapter 701), as delegated by Department of
Homeland Security Delegation No. 0170.1, the Coast Guard is adopting,
with changes, the interim rule published on December 16, 2005 (70 FR
74663) regarding CDC and NOA requirements. This final rule reflects the
adoptions and changes as proposed in the Coast Guard's 2009 NPRM (74 FR
68208). This rule will also relieve an unnecessary burden on industry
by including more lower-risk cargoes in the CDC residue category and
reducing the number of NOA submissions required based on the cargo a
vessel is carrying. Additionally, it will complete this rulemaking,
which has already introduced existing requirements into 33 CFR parts
104, 105, and 160.

IV. Background

    NOA regulations require the submission of information about certain
vessels and their voyages, including cargoes, crews, and other persons
onboard to the Coast Guard's National Vessel Movement Center before
those vessels arrive at a port or place in the United States. The Coast
Guard uses the information contained in the NOA to implement
appropriate safety and security measures, including security screening
and escorts into port.
    In 2003, the Coast Guard became concerned about the potential
security hazards of bulk ammonium nitrate and propylene oxide cargoes
transported on U.S. waters. After consultation with CTAC and the Towing
Safety Advisory Committee (TSAC), (see, e.g., TSAC Report on Task 03-
03, Recommendation 124, which is available in the docket for this
rulemaking), the Coast Guard determined that these substances should be
considered CDC (69 FR 51176, 51177, August 18, 2004) and, as noted,
published a temporary final rule in 2004 (69 FR 51176), followed by an
interim rule in 2005 (70 FR 74663). The Coast Guard's definition of CDC
appears in 33 CFR 160.204. CDC includes substances or materials that
have been determined to pose an unreasonable risk to health, safety,
and property if improperly handled. Existing regulations require most
vessels carrying CDC to submit NOAs.

V. Discussion of Comments and Changes

    The Coast Guard received one letter containing two comments on the
proposal to change the definition of CDC so that residue quantities of
some chemicals are not classified as CDC. This commenter commended the
Coast Guard for working with CTAC to develop ``this more sophisticated
and nuanced approach to security requirements for CDCs in residue
form.''
    First, the commenter concurred with the Coast Guard's proposal that
eight CDCs--anhydrous ammonia, chlorine, ethane, ethylene oxide,
methane (LNG), methyl bromide, sulfur dioxide, and vinyl chloride--
should maintain their CDC classification when in residue form.
Regardless of how small the quantities of these eight substances that
remain onboard in a cargo system after discharge are, they will still
be defined as CDC. Second, as manifested in our revised definition of
CDC residue, the commenter also believed that in the case of all other
CDCs, industry practices are sufficiently effective in diluting CDC
residues, that it is prudent for the Coast Guard to develop a different
set of security requirements for vessels with these types of residues
onboard.
    The Coast Guard agrees with the assessment to change the definition
of CDC residue and to exclude certain CDCs from that definition.
Because of this change, fewer vessels carrying only lower-risk cargoes
will trigger NOA or other security requirements that apply to vessels
carrying CDC.
    This commenter also noted that while standing by her
recommendation, she does not want her ``endorsement of the revised
definition of CDC residue [to] be seen as an endorsement of the current
process for submitting NOAs generally.'' The commenter encourages the
Coast Guard to use these two parallel rulemakings ``to seriously
evaluate the impractical process requiring operators to submit NOAs to
* * * the National Vessel Movement Center and the Inland River Vessel
Movement Center[], depending on a vessel's position on the inland river
system.''
    The NOA CDC NPRM focused on changing the definition of CDC residue.
Revising where vessels should report based on requirements in both 33
CFR parts 160 and 165 is beyond the scope of this rulemaking. The Coast
Guard will address this comment about the National Vessel Movement
Center and the Inland River Vessel Movement Center in its broader,
``Vessel Requirements for Notices of Arrival and Departure, and
Automatic Identification System'' (RIN 1625-AA99) rulemaking.
    The Coast Guard did not make any changes from the NOA CDC proposed
rule based on these comments. This final rule remains the same as
proposed in the NPRM.

VI. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

A. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. Accordingly, OMB has not reviewed it under that
Order.
    In the NPRM, published on December 23, 2009 (74 FR 68208, 68212),
we estimated that there are on average 2,800 vessels currently carrying
CDCs that make approximately 25,000 port arrivals a year. With this
rule, some of these vessels will no longer be required to submit NOAs
when transporting residue quantities of certain CDCs. As detailed in
the NPRM, we estimate a 5 percent annual reduction in the number of
NOAs submitted as a result of this final rule, which is equivalent to a
$22,000 decrease in cost burden for vessel operators that transport
certain CDCs in residue status.
    We received no public comments or additional information that would
alter our assessment of the impacts presented in the NPRM.

B. Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    In the NPRM, we certified that under 5 U.S.C. 605(b) the proposed
rule would not have a significant economic impact on a substantial
number of small entities. We received no public comments or additional
information that would alter our certification of the rule.
    This rule will not increase the NOA reporting costs to vessel
operators shipping CDC. We estimate that this rule will reduce the
burden to vessel operators shipping residue quantities of certain CDCs.
Therefore, the Coast Guard certifies that under 5 U.S.C. 605(b) this
final rule will not have a significant economic impact on a substantial
number of small entities.

C. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking. The Coast Guard
will not retaliate against small entities that question or complain
about this rule or any policy or action of the Coast Guard.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247).

 D. Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). In our NPRM,
however, we noted it would modify an existing collection under OMB
Control Number 1625-0100, Advance Notice of Vessel Arrival, by reducing
the number of responses. We received no public comments or additional
information that would alter our estimates in the NPRM of the burden
imposed by this rule through the ANOA collection of information.
    As required by 44 U.S.C. 3507(d), we submitted a copy of the
proposed rule to the Office of Management and Budget (OMB) for its
review of the collection of information. We received no comments from
either OMB or the public on the collection of information portion of
our NPRM, and we have made no changes to the final rule from what we
proposed in the NPRM.
    On January 29, 2010, OMB approved collection 1625-0100 until
January 31, 2012, without change. You are not required to respond to a
collection of information unless it displays a currently valid OMB
control number.

E. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

F. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

 G. Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

H. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

I. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

J. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

K. Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

L. Technical Standards

    The National Technology Transfer and Advancement Act (15 U.S.C. 272
note) directs agencies to use voluntary consensus standards in their
regulatory activities unless the agency provides Congress, through the
Office of Management and Budget, with an explanation of why using these
standards would be inconsistent with applicable law or otherwise
impractical. Voluntary consensus standards are technical standards
(e.g., specifications of materials, performance, design, or operation;
test methods; sampling procedures; and related management systems
practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

M. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
that this action is one of a category of actions which does not
individually or cumulatively have a significant effect on the human
environment. This rule is categorically excluded under section 2.B.2,
figure 2-1, paragraph (34)(a) and (d) of the Instruction. An
environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
ADDRESSES.

List of Subjects

33 CFR Part 104

    Maritime security, Reporting and recordkeeping requirements,
Security measures, Vessels.

33 CFR Part 105

    Maritime security, Reporting and recordkeeping requirements,
Security measures.

33 CFR Part 160

    Administrative practice and procedure, Harbors, Hazardous materials
transportation, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Vessels, Waterways.

0
For the reasons discussed in the preamble, the Coast Guard adopts the

amendments to 33 CFR parts 104, 105, and 160 introduced by the interim
rule published at 70 FR 74669 on December 16, 2005, as final with the
following changes:

PART 160--PORTS AND WATERWAYS SAFETY--GENERAL

0
1. The authority citation for part 160 continues to read as follows:

    Authority: 33 U.S.C. 1223, 1231; 46 U.S.C. Chapter 701;
Department of Homeland Security Delegation No. 0170.1. Subpart C is
also issued under the authority of 33 U.S.C. 1225 and 46 U.S.C.
3715.

0
2. In Sec.  160.204, revise paragraphs (7) through (9) of the
definition for ``Certain dangerous cargo (CDC)'' and the entire
definition of ``Certain dangerous cargo residue (CDC residue)'' to read
as follows:

Sec.  160.204  Definitions.

* * * * *
    Certain dangerous cargo (CDC) * * *
* * * * *
    (7) All bulk liquefied gas cargo carried under 46 CFR 151.50-31 or
listed in 46 CFR 154.7 that is flammable and/or toxic and that is not
carried as certain dangerous cargo residue (CDC residue).
    (8) The following bulk liquids except when carried as CDC residue:
    (i) Acetone cyanohydrin;
    (ii) Allyl alcohol;
    (iii) Chlorosulfonic acid;
    (iv) Crotonaldehyde;
    (v) Ethylene chlorohydrin;
    (vi) Ethylene dibromide;
    (vii) Methacrylonitrile;
    (viii) Oleum (fuming sulfuric acid); and
    (ix) Propylene oxide, alone or mixed with ethylene oxide.
    (9) The following bulk solids:
    (i) Ammonium nitrate listed as a Division 5.1 (oxidizing) material
in 49 CFR 172.101 except when carried as CDC residue; and
    (ii) Ammonium nitrate based fertilizer listed as a Division 5.1
(oxidizing) material in 49 CFR 172.101 except when carried as CDC
residue.
    Certain dangerous cargo residue (CDC residue) includes any of the
following:
    (1) Ammonium nitrate in bulk or ammonium nitrate based fertilizer
in bulk remaining after all saleable cargo is discharged, not exceeding
1,000 pounds in total and not individually accumulated in quantities
exceeding two cubic feet.
    (2) For bulk liquids and liquefied gases, the cargo that remains
onboard in a cargo system after discharge that is not accessible
through normal transfer procedures, with the exception of the following
bulk liquefied gas cargoes carried under 46 CFR 151.50-31 or listed in
46 CFR 154.7:
    (i) Ammonia, anhydrous;
    (ii) Chlorine;
    (iii) Ethane;
    (iv) Ethylene oxide;
    (v) Methane (LNG);
    (vi) Methyl bromide;
    (vii) Sulfur dioxide; and
    (viii) Vinyl chloride.
* * * * *

    Dated: September 20, 2010.
Kevin S. Cook,
Rear Admiral, U.S. Coast Guard, Director of Prevention Policy.
[FR Doc. 2010-24221 Filed 9-27-10; 8:45 am]
BILLING CODE 9110-04-P