clarification, consolidation, or simplification of compliance and
reporting requirements under the rule for small entities; (c) the use
of performance rather than design standards; and (d) an exemption from
coverage of the rule, or any part thereof, for small entities.
---------------------------------------------------------------------------

    \179\ 5 U.S.C. 603(c).
---------------------------------------------------------------------------

    A primary goal of the proposed amendment to eliminate the options
market maker exception, and the proposed alternatives, is to reduce the
number of persistent fails to deliver in threshold securities. As such,
we believe that imposing different compliance requirements, and
possibly a different timetable for implementing compliance
requirements, for small entities would undermine the goal of reducing
fails to deliver. In addition, we have concluded similarly that it
would not be consistent with the primary goal of the proposals to
further clarify, consolidate or simplify the proposals for small
entities. Finally, the proposals would impose performance standards
rather than design standards.

H. Request for Comments

    The Commission encourages the submission of written comments with
respect to any aspect of the IRFA. In particular, the Commission seeks
comment on: (i) The number of small entities that would be affected by
the proposed amendments; and (ii) the existence or nature of the
potential impact of the proposed amendments on small entities. Those
comments should specify costs of compliance with the proposed
amendments, and suggest alternatives that would accomplish the
objective of the proposed amendments.

XI. Statutory Authority

    Pursuant to the Exchange Act and, particularly, Sections 2, 3(b),
9(h), 10, 11A, 15, 17(a), 17A, and 23(a) thereof, 15 U.S.C. 78b,
78c(b), 78i(h), 78j, 78k-1, 78o, 78q(a), 78q-1, 78w(a), the Commission
is proposing amendments to Sec. Sec.  242.200 and 242.203.

Text of the Proposed Amendments to Regulation SHO

List of Subjects 17 CFR Part 242

    Brokers, Fraud, Reporting and recordkeeping requirements,
Securities.

    For the reasons set out in the preamble, Title 17, Chapter II, part
242, of the Code of Federal Regulations is proposed to be amended as
follows.

PART 242--REGULATIONS M, SHO, ATS, AC, AND NMS, AND CUSTOMER MARGIN
REQUIREMENTS FOR SECURITY FUTURES

    1. The authority citation for part 242 continues to read as
follows:

    Authority: 15 U.S.C. 77g, 77q(a), 77s(a), 78b, 78c, 78g(c)(2),
78i(a), 78j, 78k-1(c), 78l, 78m, 78n, 78o(b), 78o(c), 78o(g),
78q(a), 78q(b), 78q(h), 78w(a), 78dd-1, 78mm, 80a-23, 80a-29, and
80a-37.
* * * * *
    2. Section 242.200 is proposed to be amended by adding new
paragraph (g)(2) to read as follows:

Sec.  242.200  Definition of ``short sale'' and marking requirements.

* * * * *
    (g) * * *
    (2) For purposes of paragraph (g)(1) of this section, in
determining whether the seller is ``deemed to own'' the security being
sold, the broker or dealer must document the present location of the
security being sold.
    3. Section 242.203 is proposed to be amended by:
    a. Revising paragraph (b)(3)(iii);
    b. Redesignating paragraphs (b)(3)(vi) and (b)(3)(vii) as
paragraphs (b)(3)(vii) and (b)(3)(viii);
    c. Adding new paragraph (b)(3)(vi);
    d. Removing the word ``and'' at the end of paragraph (b)(3)(vi);
and
    e. Amending newly designated paragraph (b)(3)(vii) by adding the
word ``and'' after the semi-colon at the end of the paragraph.
    The revisions and additions read as follows:

Sec.  242.203  Borrowing and delivery requirements.

* * * * *
    (b) * * *
    (3) * * *
    (iii) Provided, however, that a participant of a registered
clearing agency that has a fail to deliver position at a registered
clearing agency in a threshold security on the effective date of this
amendment and which, prior to the effective date of this amendment, had
been previously excepted from the close-out requirement in paragraph
(b)(3) of this section (i.e., because the participant of a registered
clearing

agency had a fail to deliver position in the threshold security that is
attributed to short sales effected by a registered options market maker
to establish or maintain a hedge on options positions that were created
before the security became a threshold security), shall immediately
close out that fail to deliver position, including any adjustments to
the fail to deliver position, within 35 consecutive settlement days of
the effective date of this amendment by purchasing securities of like
kind and quantity;
* * * * *
    (vi) If a participant of a registered clearing agency entitled to
rely on the 35 consecutive settlement day close-out requirement
contained in paragraph (b)(3)(iii) of this section has a fail to
deliver position at a registered clearing agency in the threshold
security for 35 consecutive settlement days from the effective date of
the amendment, the participant and any broker or dealer for which it
clears transactions, including any market maker, that would otherwise
be entitled to rely on the exception provided in paragraph (b)(2)(ii)
of this section, may not accept a short sale order in the threshold
security from another person, or effect a short sale in the threshold
security for its own account, without borrowing the security or
entering into a bona-fide arrangement to borrow the security, until the
participant closes out the fail to deliver position by purchasing
securities of like kind and quantity;
    4. Alternative 1: Alternatively, Section 242.203 is proposed to be
amended by:
    a. Revising paragraph (b)(3)(iii);
    b. Redesignating paragraphs (b)(3)(vi) and (b)(3)(vii) as
paragraphs (b)(3)(vii) and (b)(3)(viii);
    c. Adding new paragraphs (b)(3)(vi) and (b)(3)(ix);
    d. Removing the word ``and'' at the end of paragraph (b)(3)(vi);
and
    e. Amending newly designated paragraph (b)(3)(viii) by adding the
word ``and'' after the semi-colon at the end of the paragraph.
    The revisions and additions read as follows:

Sec.  242.203  Borrowing and delivery requirements.

* * * * *
    (b) * * *
    (3) * * *
    (iii) The provisions of paragraph (b)(3) of this section shall not
apply to the amount of the fail to deliver position in the threshold
security that is attributed to short sales by a registered options
market maker, if and to the extent that the short sales are effected by
the registered options market maker to establish or maintain a hedge on
any options series in a portfolio that were created before the security
became a threshold security;
    (A) Provided, however, that if a participant of a registered
clearing agency has a fail to deliver position at a registered clearing
agency in a threshold security that is attributed to short sales by a
registered options market maker, if and to the extent that the short
sales are effected by the registered options market maker to establish
or maintain a hedge on options series that were created before the
security became a threshold security, the participant shall close out
the fail to deliver position, including any adjustments to the fail to
deliver position, within 35 consecutive settlement days from the date
on which the security became a threshold security by purchasing
securities of like kind and quantity;
    (B) Provided, however, that a participant of a registered clearing
agency that has a fail to deliver position at a registered clearing
agency in a threshold security on the effective date of this amendment
which, prior to the effective date of this amendment, had been
previously excepted from the close-out requirement in paragraph (b)(3)
of this section (i.e., because the participant of a registered clearing
agency had a fail to deliver position in the threshold security that is
attributed to short sales effected by a registered options market
maker, if and to the extent that the short sales are effected by the
registered options market maker to establish or maintain a hedge on
options positions that were created before the security became a
threshold security), shall immediately close out that fail to deliver
position, including any adjustments to the fail to deliver position,
within 35 consecutive settlement days of the effective date of this
amendment by purchasing securities of like kind and quantity;
* * * * *
    (vi) If a participant of a registered clearing agency entitled to
rely on the 35 consecutive settlement day close-out requirement
contained in paragraph (b)(3)(iii) of this section has a fail to
deliver position at a registered clearing agency in the threshold
security for 35 consecutive settlement days, the participant and any
broker or dealer for which it clears transactions, including any market
maker, that would otherwise be entitled to rely on the exception
provided in paragraph (b)(2)(ii) of this section, may not accept a
short sale order in the threshold security from another person, or
effect a short sale in the threshold security for its own account,
without borrowing the security or entering into a bona-fide arrangement
to borrow the security, until the participant closes out the fail to
deliver position by purchasing securities of like kind and quantity;
* * * * *
    (ix) To the extent that an amount of a fail to deliver position in
a threshold security is attributed to short sales by a registered
options market maker in accordance with paragraph (b)(3)(ii) of this
section, a participant of a registered clearing agency and registered
options market maker must document that the fail to deliver position
resulted from short sales effected to establish or maintain a hedge on
options series that were created before the security became a threshold
security.
    5. Alternative 2: Alternatively, Section 242.203 is proposed to be
amended by:
    a. Revising paragraph (b)(3)(iii);
    b. Redesignating paragraphs (b)(3)(vi) and (b)(3)(vii) as
paragraphs (b)(3)(viii)and (b)(3)(ix);
    c. Adding new paragraphs (b)(3)(vi), (b)(3)(vii) and (b)(3)(x);
    d. Removing the word ``and'' at the end of paragraph (b)(3)(vi);
and
    e. Amending newly designated paragraph (b)(3)(ix) by adding the
word ``and'' after the semi-colon at the end of the paragraph.
    The revisions and additions read as follows:

Sec.  242.203  Borrowing and delivery requirements.

* * * * *
    (b) * * *
    (3) * * *
    (iii) The provisions of paragraph (b)(3) of this section shall not
apply to the amount of the fail to deliver position in the threshold
security that is attributed to short sales by a registered options
market maker, if and to the extent that the short sales are effected by
the registered options market maker to establish or maintain a hedge on
any options series in a portfolio that were created before the security
became a threshold security;
    (A) Provided, however, that if a participant of a registered
clearing agency has a fail to deliver position at a registered clearing
agency in a threshold security that is attributed to short sales by a
registered options market maker, if and to the extent that the short
sales are effected by the registered options market maker to establish
or maintain a hedge on options series that were created before the
security became a threshold security,

the participant shall close out the fail to deliver position, including
any adjustments to the fail to deliver position, by purchasing
securities of like kind and quantity within the earlier of: 35
Consecutive settlement days from the date on which the security became
a threshold security, or 13 consecutive settlement days from the last
date on which all options series within the portfolio that were created
before the underlying security became a threshold security expire or
are liquidated;
    (B) Provided, however, that a participant of a registered clearing
agency that has a fail to deliver position at a registered clearing
agency in a threshold security on the effective date of this amendment
which, prior to the effective date of this amendment, had been
previously excepted from the close-out requirement in paragraph (b)(3)
of this section (i.e., because the participant of a registered clearing
agency had a fail to deliver position in the threshold security that is
attributed to short sales by a registered options market maker, if and
to the extent that the short sales are effected by the registered
options market maker to establish or maintain a hedge on options
positions that were created before the security became a threshold
security), shall immediately close out that fail to deliver position,
including any adjustments to the fail to deliver position, within 35
consecutive settlement days of the effective date of this amendment by
purchasing securities of like kind and quantity;
* * * * *
    (vi) If a participant of a registered clearing agency entitled to
rely on the exception to the close-out requirement contained in
paragraph (b)(3)(iii)(A) of this section has a fail to deliver position
at a registered clearing agency in a threshold security for longer than
the earlier of: 35 Consecutive settlement days from the date on which
the security became a threshold security, or 13 consecutive settlement
days from the last date on which all options series within the
portfolio that were created before the security became a threshold
security expire or are liquidated, the participant and any broker or
dealer for which it clears transactions, including any market maker
that would otherwise be entitled to rely on the exception provided in
paragraph (b)(2)(ii) of this section, may not accept a short sale order
in the threshold security from another person, or effect a short sale
in the threshold security for its own account, without borrowing the
security or entering into a bona-fide arrangement to borrow the
security, until the participant closes out the fail to deliver position
by purchasing securities of like kind and quantity;
    (vii) If a participant of a registered clearing agency entitled to
rely on the 35 consecutive settlement day close-out requirement
contained in paragraph (b)(3)(iii)(B) of this section has a fail to
deliver position at a registered clearing agency in the threshold
security for 35 consecutive settlement days from the effective date of
the amendment, the participant and any broker or dealer for which it
clears transactions, including any market maker, that would otherwise
be entitled to rely on the exception provided in paragraph (b)(2)(ii)
of this section, may not accept a short sale order in the threshold
security from another person, or effect a short sale in the threshold
security for its own account, without borrowing the security or
entering into a bona-fide arrangement to borrow the security, until the
participant closes out the fail to deliver position by purchasing
securities of like kind and quantity;
* * * * *
    (x) To the extent that an amount of a fail to deliver position in a
threshold security is attributed to short sales by a registered options
market maker in accordance with paragraph (b)(3)(iii) of this section,
a participant of a registered clearing agency and registered options
market maker must document that the fail to deliver position resulted
from short sales effected to establish or maintain a hedge on options
series that were created before the security became a threshold
security.
* * * * *

    By the Commission.

    Dated: August 7, 2007.
Nancy M. Morris,
Secretary.
 [FR Doc. E7-15709 Filed 8-13-07; 8:45 am]

BILLING CODE 8010-01-P


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

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

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

TEMPLATE:

AgroFresh Inc., a Rohm and Haas Company

IN-10540

	EPA has received a pesticide petition (IN-10540) from AgroFresh Inc., 727 Norristown Road, Spring House, PA 19477-0904 proposing, pursuant to section 408(d) of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a(d), to amend 40 CFR part 180.960 to establish an exemption from the requirement of a tolerance for Styrene-ethylene-propylene block copolymer (CAS No. 108388-87-0), number average molecular weight greater than 100,000 daltons in or on all raw agricultural commodities under 40 CFR 180.960 when used as a suspension agent in agricultural formulations.  EPA has determined that the petition contains data or information regarding the elements set forth in section 408 (d)(2) of  FDDCA; however, EPA has not fully evaluated the sufficiency of the submitted data at this time or whether the data supports granting of the petition. Additional data may be needed before EPA rules on the petition.

A. Residue Chemistry

	1. Plant metabolism. [NA-REMOVE based on the fact that this information is generally not required when all criteria for polymer exemption per 40 CFR 723.250 are met]

	2. Analytical method. [NA-REMOVE based on the fact that this information is generally not required when all criteria for polymer exemption are met and when petitioning for an exemption from the requirements of a tolerance without any numerical limitations.]

	3. Magnitude of residues. [NA-REMOVE based on the fact that this information is generally not required when all criteria for a polymer exemption per 40 CFR 723.250 are met.]

B. Toxicological Profile

      1. Acute toxicity.  [EPA has established a set of criteria which identify categories of polymers that present low risk.  These criteria (codified at 40 CFR 723.250) identify polymers with properties that make them relatively unreactive and stable as well as not readily absorbed as compared to other chemical substances.  These properties generally limit a polymer's ability to cause adverse toxicological effects.  No mammalian toxicity is anticipated from dietary, inhalation or dermal exposure for polymers meeting the polymer exemption criteria. This lack of toxicity has been demonstrated for polymeric materials similar to styrene-ethylene-propylene block copolymer.  Therefore AgroFresh believes that establishment of an exemption from the requirements of a tolerance is justified for styrene-ethylene-propylene block copolymer].  Furthermore, no aggregate risk to human health is expected due to exposure to residues of styrene-ethylene-propylene block copolymer under reasonably foreseeable circumstances of use.  Styrene-ethylene-propylene block copolymer meets the definition of a polymer as well as all of the specific criteria under 40 CFR 723.250 as described below:                 a. The polymer is not a cationic polymer, nor is it reasonably anticipated to become a cationic polymer in a natural aquatic environment.       b. The polymer contains as an integral part of its composition the elements carbon and hydrogen.        c. The polymer does not contain as an integral part of its composition any elements other than those listed in 40 CFR 723.250.       d. The polymer is not expected to substantially degrade, decompose or depolymerize.       e. The polymer is manufactured only from monomers and/or reactants that are already included on the TSCA Chemical Substances Inventory.       f. The polymer is not a water absorbing polymer.       g. The polymer does not contain any reactive functional groups.       h. The polymer's number average MW is greater than 10,000 daltons.  The polymer contains less than 2% oligomeric material below MW 500 and less than 5% oligomeric material below MW 1000.

      1. Genotoxicty. [NA-REMOVE based on the fact that this polymer conforms to all criteria for low risk polymers as codified in 40 CFR 723.250.  In particular, substances with molecular weights greater than 1000 Daltons generally are not absorbed through intact skin, nor are they generally absorbed through the intact gastrointestinal tract.  Chemicals not absorbed through the skin or through the gastrointestinal tract are generally not capable of producing a toxic response.]

	3. Reproductive and developmental toxicity. [NA-REMOVE based on the fact that this polymer conforms to all criteria for low risk polymers as codified in 40 CFR 723.250.  In particular, substances with molecular weights greater than 1000 Daltons generally are not absorbed through intact skin, nor are they generally absorbed through the intact gastrointestinal tract.  Chemicals not absorbed through the skin or through the gastrointestinal tract are generally not capable of producing a toxic response.]

	4. Subchronic toxicity. [NA-REMOVE based on the fact that this p0lymer conforms to all criteria for low risk polymers as codified in 40 CFR 723.250.  In particular, substances with molecular weights greater than 1000 Daltons generally are not absorbed through intact skin, nor are they generally absorbed through the intact gastrointestinal tract.  Chemicals not absorbed through the skin or through the gastrointestinal tract are generally not capable of producing a toxic response.]

	5. Chronic toxicity. [NA-REMOVE based on the fact that this polymer conforms to all criteria for low risk polymer exemptions as codified in 40 CFR 723.250.  In particular, substances with molecular weights greater than 1000 Daltons generally are not absorbed through intact skin, nor are they generally absorbed through the intact gastrointestinal tract.  Chemicals not absorbed through the skin or through the gastrointestinal tract are generally not capable of producing a toxic response.]

	6. Animal metabolism. [NA-REMOVE based on the fact that this polymer conforms to all criteria for low risk polymer exemptions as codified in 40 CFR 723.250.  In particular, substances with molecular weights greater than 1000 Daltons generally are not absorbed through intact skin, nor are they generally absorbed through the intact gastrointestinal tract.  An animal metabolism study would therefore not be relevant for a material that does not absorb through the skin or the gastrointestinal tract.]

	7. Metabolite toxicology. [NA-REMOVE based on the fact that this polymer conforms to all criteria for low risk polymer exemptions as codified in 40 CFR 723.250.  In particular, substances with molecular weights greater than 1000 Daltons generally are not absorbed through intact skin, nor are they generally absorbed through the intact gastrointestinal tract.  Chemicals not absorbed through the skin or through the gastrointestinal tract are generally not capable of producing a toxic response.]

	8. Endocrine disruption. [NA-REMOVE based on the fact that this polymer conforms to all criteria for low risk polymer exemptions as codified in 40 CFR 723.250.  In particular, substances with molecular weights greater than 1000 Daltons generally are not absorbed through intact skin, nor are they absorbed through the intact gastrointestinal tract.  Chemicals not absorbed through the skin or through the gastrointestinal tract are generally not capable of producing a toxic response, including toxicity related to endocrine disruption.]

C. Aggregate Exposure

	1. Dietary exposure. [NA-REMOVE based on the fact that this information is generally not required when all criteria for polymer exemption per 40 CFR 723.250 are met.]

	i. Food. [NA-REMOVE based on the fact that this information is generally not required when all criteria for polymer exemption per 40 CFR 723.250 are met.]

	ii. Drinking water. [NA-REMOVE based on the fact that this information is generally not required when all criteria for polymer exemption per 40 CFR 723.250 are met.]

	2. Non-dietary exposure. [NA-REMOVE based on the fact that this information is generally not required when all criteria for polymer exemption per 40 CFR 723.250 are met.]

D. Cumulative Effects

	[NA-REMOVE based on the fact that this polymer conforms to all criteria for low risk polymer exemptions as codified in 40 CFR 173.250.  In particular, substances with molecular weights greater than 1000 Daltons are generally not absorbed through intact skin, nor are they absorbed through the intact gastrointestinal tract.  Chemicals not absorbed through the skin or through the intestinal tract are generally not capable of producing a toxic response.]

E. Safety Determination

	1. U.S. population. [Based on the conformity of this polymer to the criteria used to identify low risk polymers, there is a reasonable certainty of no harm to the US population from aggregate exposure to residues of this polymer.]

	2. Infants and children. [Based on the conformity of this polymer to the criteria used to identify low risk polymers, there is a reasonable uncertainty of no harm to infants and children from aggregate exposures of this polymer.  In addition, there is no evidence to indicate that infants and children would be more susceptible to adverse effects from exposure to this polymer]

F. International Tolerances

	[AgroFresh Inc. is not aware of any country requiring a tolerance for styrene-ethylene-propylene block copolymer.  In addition, no Codex MRLs have been established for styrene-ethylene-propylene block copolymer at this time.]


[Federal Register: April 15, 2009 (Volume 74, Number 71)]
[Rules and Regulations]
[Page 17384-17386]
[DOCID:fr15ap09-5]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0347; Directorate Identifier 2009-CE-022-AD;
Amendment 39-15883; AD 2009-08-10]
RIN 2120-AA64

Airworthiness Directives; Pilatus Aircraft Ltd. Model PC-12/47E
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above that will supersede an existing AD. This AD
results from mandatory continuing airworthiness information (MCAI)
issued by the aviation authority of another country to identify and
correct an unsafe condition on an aviation product. The MCAI describes
the unsafe condition as:

    Field reports have indicated that the possibility exists that
both Primary Flight Displays (PFDs) could indicate a roll attitude
offset of up to 10 degrees in the same direction if an accelerated
turn onto the active runway is performed immediately followed by
take-off. This condition has been reported to correct itself after
several minutes.
    This situation, if not corrected, could result in an undesired
bank angle, which would constitute an unsafe condition.

This AD requires actions that are intended to address the unsafe
condition described in the MCAI.

DATES: This AD becomes effective April 20, 2009.
    On April 20, 2009, the Director of the Federal Register approved
the incorporation by reference of certain publications listed in this
AD.
    We must receive comments on this AD by May 15, 2009.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

Examining the AD Docket

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

FOR FURTHER INFORMATION CONTACT: Doug Rudolph, Aerospace Engineer, 901
Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329-
4059; fax:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    On February 12, 2009, we issued AD 2009-04-14, Amendment 39-15820
(74 FR 7810; February 20, 2009). That AD required actions intended to
address an unsafe condition on the products listed above.

    Since we issued AD 2009-04-14, we have received new MCAI that
requires a revision of the operational procedures to be inserted into
the pilot's operating handbook (POH).
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued
Emergency AD No. 2009-0080-E, dated April 3, 2009 (referred to after
this as ``the MCAI''), to correct an unsafe condition for the specified
products. The MCAI states:

    Field reports have indicated that the possibility exists that
both Primary Flight Displays (PFDs) could indicate a roll attitude
offset of up to 10 degrees in the same direction if an accelerated
turn onto the active runway is performed immediately followed by
take-off. This condition has been reported to correct itself after
several minutes.
    This situation, if not corrected, could result in an undesired
bank angle, which would constitute an unsafe condition.
    As an interim measure, EASA Emergency AD 2009-0028-E required
the introduction of a maximum bank angle during climb. As a result
of the ongoing investigation, the problem can be temporarily solved
with some limitations in the take-off procedure.
    For the reason described above, this AD supersedes EASA AD 2008-
0028-E and requires a revision of the operational procedures to be
inserted into the POH. This action is still considered to be an
interim solution and further AD action is likely to follow.

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

Relevant Service Information

    Pilatus Aircraft Ltd. has issued Temporary Revision No. 11 to PC-
12/47E Pilot's Operating Handbook, Report No. 02277, dated March 18,
2009. The actions described in this service information are intended to
correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of the AD

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

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might have also required different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
described in a separate paragraph of the AD. These requirements take
precedence over those copied from the MCAI.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of
this AD. The FAA has found that the risk to the flying public justifies
waiving notice and comment prior to adoption of this rule because the
current FAA AD and the previous EASA emergency AD are not satisfying
the unsafe condition. Operators must follow the new procedures to
assure the unsafe condition is adequately addressed. Therefore, we
determined that notice and opportunity for public comment before
issuing this AD are impracticable and that good cause exists for making
this amendment effective in fewer than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2009-0347; Directorate
Identifier 2009-CE-022-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this AD. We will consider all
comments received by the closing date and may amend this 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 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 determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866;
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this 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.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing Amendment 39-15820 (74 FR
7810; February 20, 2009), and adding the following new AD:

2009-08-10 Pilatus Aircraft Ltd: Amendment 39-15883; Docket No. FAA-
2009-0347; Directorate Identifier 2009-CE-022-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective April
20, 2009.

Affected ADs

    (b) This AD supersedes AD 2009-04-14, Amendment 39-15820.

Applicability

    (c) This AD applies to Models PC-12/47E airplanes, manufacturer
serial numbers (MSN) 545 and MSN 1001 and subsequent, certificated
in any category.

Subject

    (d) Air Transport Association of America (ATA) Code 34:
Navigation.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:
    Field reports have indicated that the possibility exists that
both Primary Flight Displays (PFDs) could indicate a roll attitude
offset of up to 10 degrees in the same direction if an accelerated
turn onto the active runway is performed immediately followed by
take-off. This condition has been reported to correct itself after
several minutes.
    This situation, if not corrected, could result in an undesired
bank angle, which would constitute an unsafe condition.
    As an interim measure, EASA Emergency AD 2009-0028-E required
the introduction of a maximum bank angle during climb. As a result
of the ongoing investigation, the problem can be temporarily solved
with some limitations in the take-off procedure.
    For the reason described above, this AD supersedes EASA AD 2008-
0028-E and requires a revision of the operational procedures to be
inserted into the POH. This action is still considered to be an
interim solution and further AD action is likely to follow.

Actions and Compliance

    (f) Unless already done, before further flight as of April 20,
2009 (the effective date of this AD), do the following actions:
    (1) Incorporate Pilatus Aircraft Ltd. Temporary Revision No. 11
to PC-12/47E Pilot's Operating Handbook, Report No. 02277, dated
March 18, 2009, into the Pilatus PC-12/47E POH.
    (2) Remove the information and/or the copy of AD 2009-04-14
required by AD 2009-04-14 to be inserted in the POH.
    (3) The owner/operator holding at least a private pilot
certificate as authorized by section 43.7 of the Federal Aviation
Regulations 14 CFR 43.7 may do the actions required in this AD. Make
an entry in the aircraft records showing compliance with this
portion of the AD following 14 CFR 43.9.

FAA AD Differences

    Note:  This AD differs from the MCAI and/or service information
as follows:
    (1) Since we never allowed incorporating Temporary Revision No.
9, dated January 30, 2009, into the POH, we are not requiring the
removal of Temporary Revision No. 9, dated January 30, 2009, as the
MCAI requires.
    (2) Current regulations (1 CFR 51.7) do not allow us to both
incorporate by reference a service document and write the provisions
of that document in the AD. We have chosen to incorporate by
reference the temporary revision.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Office, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. Send
information to Attn: Doug Rudolph, Aerospace Engineer, FAA, Small
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>. Before using
any approved AMOC on any airplane to which the AMOC applies, notify
your appropriate principal inspector (PI) in the FAA Flight
Standards District Office (FSDO), or lacking a PI, your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has
approved the information collection requirements and has assigned
OMB Control Number 2120-0056.

Related Information

    (h) Refer to MCAI European Aviation Safety Agency (EASA) AD No.
2009-0080-E, dated April 3, 2009, and Pilatus Aircraft Ltd.
Temporary Revision No. 11 to PC-12/47E Pilot's Operating Handbook,
Report No. 02277, dated March 18, 2009, for related information.

Material Incorporated by Reference

    (i) You must use Pilatus Aircraft Ltd. Temporary Revision No. 11
to PC-12/47E Pilot's Operating Handbook, Report No. 02277, dated
March 18, 2009, to do the actions required by this AD, unless the AD
specifies otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact
Pilatus Aircraft Ltd., Customer Service Manager, CH-6371 STANS,
Switzerland; telephone: +41 (0)41 619 62 08; fax: +41 (0)41 619 73
11; Internet: www.pilatus-aircraft.com/, or e-mail:
<EMAIL_ADDRESS>You may get Pilatus Aircraft Ltd.
Temporary Revision No. 11 to PC-12/47E Pilot's Operating Handbook,
Report No. 02277, dated March 18, 2009, from the Web site of the
Swiss Federal Office of Civil Aviation (FOCA): http://
www.bazl.admin.ch/fachleute/lufttechnik/entwicklung/00677/
index.html?lang=en.
    (3) You may review copies of the service information
incorporated by reference for this AD at the FAA, Central Region,
Office of the Regional Counsel, 901 Locust, Kansas City, Missouri
64106. For information on the availability of this material at the
Central Region, call<PHONE_NUMBER>.
    (4) You may also review copies of the service information
incorporated by reference for this AD at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, call<PHONE_NUMBER>, or go to: http://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.

    Issued in Kansas City, Missouri on April 8, 2009.
John R. Colomy,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
 [FR Doc. E9-8516 Filed 4-14-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 131 (Monday, July 9, 2018)]
[Notices]
[Page 31801]
[FR Doc No: 2018-14651]

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SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

Upon Written Request Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE, Washington, DC
20549-2736

Extension:
    Form 11-K, SEC File No. 270-101, OMB Control No. 3235-0082

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the collection of
information summarized below. The Commission plans to submit this
existing collection of information to the Office of Management and
Budget for extension and approval.
    Form 11-K (17 CFR 249.311) is the annual report designed for use by
employee stock purchase, savings and similar plans to comply with the
reporting requirements under Section 15(d) of the Securities and
Exchange Act of 1934 (the ``Exchange Act'') (15 U.S.C. 78o(d)). Section
15(d) establishes a periodic reporting obligation for every issuer of a
class of securities registered under the Securities Act of 1933 (the
``Securities Act'')(15 U.S.C. 77a et seq.). Form 11-K provides
employees of an issuer with financial information so that they can
assess the performance of the investment vehicle or stock plan. Form
11-K takes approximately 30 burden hours per response and is filed by
1,302 respondents for total of 39,060 burden hours (30 hours per
response x 1,302 responses).
    Written comments are invited on: (a) Whether this proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information will
have practical utility; (b) the accuracy of the agency's estimate of
the burden imposed by the collection of information; (c) ways to
enhance the quality, utility, and clarity of the information collected;
and (d) ways to minimize the burden of the collection of information on
respondents, including through the use of automated collection
techniques or other forms of information technology. Consideration will
be given to comments and suggestions submitted in writing within 60
days of this publication.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid control number.
    Please direct your written comment to Pamela Dyson, Director/Chief
Information Officer, Securities and Exchange Commission, c/o Candace
Kenner, 100 F Street NE, Washington, DC 20549 or send an email to:
[email protected].

    Dated: July 3, 2018.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-14651 Filed 7-6-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 113 (Tuesday, June 12, 2018)]
[Notices]
[Pages 27360-27362]
[FR Doc No: 2018-12550]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-83386; File No. SR-ICC-2018-004]

Self-Regulatory Organizations; ICE Clear Credit LLC; Notice of
Filing of Proposed Rule Change Relating to Formalization of the ICC
Model Validation Framework

June 6, 2018.
    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 May 23, 2018, ICE Clear Credit LLC (``ICC'') 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 ICC. 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. Clearing Agency's Statement of the Terms of Substance of the
Proposed Rule Change

    The principal purpose of the proposed rule change is to formalize
the ICC Model Validation Framework. This change does not require any
revisions to the ICC Clearing Rules.

II. Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

    In its filing with the Commission, ICC 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. ICC has prepared summaries, set forth in sections (A),
(B), and (C) below, of the most significant aspects of these
statements.

(A) Clearing Agency's Statement of the Purpose of, and Statutory Basis
for, the Proposed Rule Change

(a) Summary of Proposed Changes
    ICC proposes to formalize the ICC Model Validation Framework, which
sets forth ICC's model validation procedures. ICC has developed a
proprietary risk management system that models the risk of credit
default swap based portfolios and determines appropriate Initial Margin
and Guaranty Fund requirements. The risk management system is composed
of risk modeling components (``Model Components'') which employ a
combination of statistical analysis of credit spread time series and
stress test simulation scenarios to address different risk drivers. The
risk drivers addressed by the Model Components constitute the
foundation of total Initial Margin and Guaranty Fund requirements for
cleared portfolios. The ICC Model Validation Framework provides
assurances as to the appropriateness of its risk requirements. ICC's
Risk Oversight Officer is the ICC Model Validation Framework owner and
is responsible to the ICC President for the successful operation and
maintenance of the ICC Model Validation Framework.
    ICC considers both new Model Components and enhancements to Model
Components as part of its Model Validation Framework (collectively,
``Model Change''). New Model Components consider risk drivers that are
not currently included in the risk management system; enhanced Model
Components improve upon the methodologies used by the risk management
system to consider a given risk driver or drivers. ICC classifies Model
Changes as either Materiality A or Materiality B, depending on how
substantially the Model Change affects the risk management system's
assessment of risk for the related risk driver or drivers. The ICC
Chief Risk Officer and the ICC Risk Oversight Officer will review all
enhancements to ICC's risk management system and decide which
enhancements qualify as Model Changes, and which qualifying
enhancements should be classified as Materiality A versus Materiality
B. Materiality A Model Changes receive a higher control standard than
Materiality B Model Changes. The ICC Risk Committee reviews the
materiality classifications and provides feedback as necessary.
    The ICC Model Validation Framework sets forth the process for
selecting Model Validators and describes the independent validator
criteria, including technical expertise and independence requirements.
The ICC Model Validation Framework also describes the Model Inventory
which is maintained by the ICC Risk Department and which contains key
information about all ICC Model Components and Model Changes. The ICC
Risk Oversight Officer will review the model inventory at least
quarterly to ensure that it contains accurate and up to date
information relating to ICC's Model Components and Model Changes.
    The ICC Model Validation Framework consists of four controls:
Initial validation; ongoing monitoring and validation; investigation;
and independent periodic review. Before going live with a Model Change,
ICC must successfully complete an initial validation of the conceptual
soundness of the methodology and the proposed ongoing monitoring and
validation approach. All Model Changes are subject to internal initial
validation. In addition, Materiality A Model Changes are subject to an
additional independent initial validation.
    Ongoing monitoring and validation provides assurances that ICC has
appropriately configured and calibrated the risk management system,
including any recent Model Change, and that the risk management system
is achieving the desired level of performance. The ongoing monitoring
and validation control consists of three areas: Parameter setting,
execution monitoring, and outcome analysis.
    If ongoing monitoring and validation identifies features of the
risk management system that might indicate a Model Component weakness,
ICC investigates and identifies the root cause. If a model weakness is
discovered during investigation, the ICC Chief Risk Officer informs the
ICC Risk Committee of the ongoing monitoring and validation results
which triggered the investigation. If ICC is satisfied that the
identified features do not represent a model weakness, the ICC Chief
Risk Officer will present the results of the investigation
demonstrating no model weakness exists. If ICC identifies a model
weakness during the investigation, the ICC Chief Risk Officer will
present the results of the investing demonstrating a model weakness,
and ICC will remediate the identified weakness through an appropriate
Model Change, which passes through the ICC Model Validation Framework
starting with an Initial validation.
    The ICC Chief Risk Officer provides support and information to
allow the independent validators to perform periodic reviews of all ICC
Model Components and related practices at least once in every calendar
year. At ICC's choosing, the scope of an independent periodic review
may cover all Model Components used by the risk management system, or a
subset of Model Components, as long as all Model Components are
included in one or more independent periodic reviews each year. The
independent periodic review will demonstrate that the Model Components
remain fit for purpose; that the Model Components assumptions are
valid; that ICC has adequately addressed any medium priority open items
from Model Change initial validations and any other implementation
conditions; and that ICC has been complying with its ongoing monitoring
and validation requirements and the Model Components are performing
without any significant weakness. The deliverables from the independent
periodic review must include a report from the independent validator
providing a summary of the completed evaluation and details of any
remaining open items, classified by priority. The ICC Chief Risk
Officer will present the periodic review to the ICC Risk Committee and
describe ICC's plans in relation to any open high or medium priority
items in the report.
(b) Statutory Basis
    Section 17A(b)(3)(F) of the ActHD1\3\ requires, among other things,
that the rules of a clearing agency be designed to promote the prompt
and accurate clearance and settlement of securities transactions, and
to the extent applicable, derivative agreements, contracts and
transactions and to comply with the provisions of the Act and the rules
and regulations thereunder. ICC believes that the proposed rule change
is consistent with the requirements of the Act and the rules and
regulations thereunder applicable to ICC, in particular, to Section
17A(b)(3)(F),\4\ because ICC believes that the proposed rule change
will promote the prompt and accurate clearance and settlement of
securities transactions, derivatives agreements, contracts, and
transactions. The ICC Model Validation Framework provides assurances as
to the appropriateness of changes to ICC's risk models, including the
appropriateness of risk requirements. As such, the proposed rule change
is designed to promote the prompt and accurate clearance and settlement
of securities transactions, derivatives agreements, contracts, and
transactions within the meaning of

Section 17A(b)(3)(F) \5\ of the Act. The proposed rule change will also
satisfy the requirements of Rule 17Ad-22.\6\ In particular, the
proposed rule change sets forth ICC's model validation procedures,
including the evaluation of the performance of ICC's risk models and
related parameters and assumptions by a qualified and independent Model
Validator, consistent with the requirements of Rule 17Ad-22(b)(4).\7\
---------------------------------------------------------------------------

    \3\ 15 U.S.C. 78q-1(b)(3)(F).
    \4\ Id.
    \5\ 15 U.S.C. 78q-1(b)(3)(F).
    \6\ 17 CFR 240.17Ad-22.
    \7\ 17 CFR 240.17Ad-22(b)(4).
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(B) Clearing Agency's Statement on Burden on Competition

    ICC does not believe the proposed rule change would have any
impact, or impose any burden, on competition. The ICC Model Validation
Framework applies uniformly across all market participants. Therefore,
ICC does not believe the proposed rule change impose any burden on
competition that is inappropriate in furtherance of the purposes of the
Act.

(C) Clearing Agency's Statement on Comments on the Proposed Rule Change
Received From Members, Participants or Others

    Written comments relating to the proposed rule change have not been
solicited or received. ICC will notify the Commission of any written
comments received by ICC.

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

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period up to 90 days (i) as the
Commission may designate if it finds such longer period to be
appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    (A) By order approve or disapprove such proposed rule change, or
    (B) institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-ICC-2018-004 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-ICC-2018-004. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of such filings will also be available for inspection
and copying at the principal office of ICE Clear Credit and on ICE
Clear Credit's website at https://www.theice.com/clear-credit/regulation. 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-ICC-2018-004 and should be
submitted on or before July 3, 2018.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
---------------------------------------------------------------------------

    \8\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-12550 Filed 6-11-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 107 (Friday, June 3, 2022)]
[Notices]
[Page 33808]
[FR Doc No: 2022-11924]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4652-DR; Docket ID FEMA-2022-0001]

New Mexico; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of New Mexico (FEMA-4652-DR), dated May 4, 2022,
and related determinations.

DATES: The declaration was issued May 4, 2022.

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

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated May 4, 2022, the President issued a major disaster declaration
under the authority of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''), as follows:

    I have determined that the damage in certain areas of the State
of New Mexico resulting from wildfires and straight-line winds
beginning on April 5, 2022, and continuing, is of sufficient
severity and magnitude to warrant a major disaster declaration under
the Robert T. Stafford Disaster Relief and Emergency Assistance Act,
42 U.S.C. 5121 et seq. (the ``Stafford Act''). Therefore, I declare
that such a major disaster exists in the State of New Mexico.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Individual Assistance and
assistance for emergency protective measures (Category B), limited
to direct Federal assistance and reimbursement for mass care
including evacuation and shelter support, under the Public
Assistance program in the designated areas, Hazard Mitigation
throughout the State, and any other forms of assistance under the
Stafford Act that you deem appropriate subject to completion of
Preliminary Damage Assessments (PDAs).
    Consistent with the requirement that Federal assistance is
supplemental, any Federal funds provided under the Stafford Act for
Public Assistance, Hazard Mitigation, and Other Needs Assistance
under section 408 will be limited to 75 percent of the total
eligible costs.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The time period prescribed for the implementation of section
310(a), Priority to Certain Applications for Public Facility and Public
Housing Assistance, 42 U.S.C. 5153, shall be for a period not to exceed
six months after the date of this declaration.
    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, Sandra L. Eslinger, of FEMA is
appointed to act as the Federal Coordinating Officer for this major
disaster.
    The following areas of the State of New Mexico have been designated
as adversely affected by this major disaster:

    Colfax, Lincoln, Mora, San Miguel, and Valencia Counties for
Individual Assistance.
    Colfax, Lincoln, Mora, San Miguel, and Valencia Counties for
emergency protective measures (Category B), limited to direct
federal assistance and reimbursement for mass care including
evacuation and shelter support.
    All areas within the State of New Mexico are eligible for
assistance under the Hazard Mitigation Grant Program.

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

Deanne Criswell,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2022-11924 Filed 6-2-22; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register: April 17, 2009 (Volume 74, Number 73)]
[Notices]
[Page 17845]
[DOCID:fr17ap09-49]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13352-000]

Olsen Electric Development Co., Inc.; Notice of Preliminary
Permit Applications Accepted for Filing and Soliciting Comment, Motions
To Intervene, and Competing Applications

April 9, 2009.
    On January 20, 2009, Olsen Electric Development Co., Inc. filed an
application, pursuant to section 4(f) of the Federal Power Act,
proposing to study the feasibility of the Malden Mills Hydroelectric
Project, to be located on the Spicket River, in Essex County,
Massachusetts.
    The proposed Malden Mills Hydroelectric Project consists of: (1) An
existing 85-foot-long, 12-foot-high Malden Mills Dam, with new foot-
high wooden flashboards; (2) an existing 10-acre head pond having a
maximum storage capacity of about 36 acre-feet; (3) a refurbished
gatehouse containing two turbine generating units with a total
installed capacity of 0.2 megawatts; (4) a direct connection to an
existing substation; and (5) appurtenant facilities. The Malden Mills
Project would have an average annual generation of 850 megawatt-hours,
which would be sold to Polartec, LLC.
    Applicant Contact: Mr. Jerome A. Olson, Olsen Electric Development
Co., Inc., 30r Hampshire Street, Methuen, MA 01844, phone (978) 975-
0400.
    FERC Contact: John Ramer,<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Comments, motions to intervene, notices of intent, and competing
applications may be filed electronically via the Internet. See 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. If unable to be filed electronically,
documents may be paper-filed. To paper-file, an original and eight
copies should be mailed to: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426. For
more information on how to submit these types of filings please go to
the Commission's Web site located at http://www.ferc.gov/filing-
comments.asp. More information about this project can be viewed or
printed on the ``eLibrary'' link of Commission's Web site at http://
www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number (P-
13352) in the docket number field to access the document. For
assistance, call toll-free 1-866-208-3372.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-8806 Filed 4-16-09; 8:45 am]

BILLING CODE 6717-01-P