[Federal Register: October 13, 2006 (Volume 71, Number 198)]
[Notices]
[Page 60511-60512]
[DOCID:fr13oc06-75]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2006-0801; FRL-8097-7]

Petition to Revoke Tolerances Established for Carbaryl; Notice of
Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA is seeking public comment on a January 10, 2005, petition
from the Washington Toxics Coalition (Washington Toxics), available in
docket number EPA-HQ-OPP-2006-0801, requesting that the Agency revoke
all tolerances for the pesticide carbaryl. The petitioner, Washington
Toxics, requests this action to obtain what they believe would be
proper application of the safety standards of the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA) and the Federal Food, Drug, and
Cosmetic Act (FFDCA), section 408, as amended by the Food Quality
Protection Act (FQPA) of 1996. Washington Toxics is filing this
petition in response to a Notice of Availability for the Carbaryl
Interim Reregistration Eligibility Decision (IRED), published in the
Federal Register on October 27, 2004. The carbaryl IRED is available on
the website http://www.regulations.gov under docket number EPA-HQ-OPP-2003-0376 and on the Agency's pesticide web page, http://www.epa.gov/

pesticides/reregistration/status.htm.

DATES: Comments must be received on or before November 13, 2006.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2006-0801, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.

Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Building), 2777 S. Crystal Drive, Arlington, VA. Deliveries are only
accepted during the Docket's normal hours of operation (8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays). Special
arrangements should be made for deliveries of boxed information. The
Docket telephone number is<PHONE_NUMBER>.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2006-0801. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
http://www.regulations.gov, including any personal information

provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The Federal regulations.gov website is an ``anonymous access''
system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an e-mail comment directly to EPA without going through
regulations.gov, your e-mail address will be automatically captured and
included as part of the comment that is placed in the docket and made
available on the Internet. If you submit an electronic comment, EPA
recommends that you include your name and other contact information in
the body of your comment and with any disk or CD-ROM you submit. If EPA
cannot read your comment due to technical difficulties and cannot
contact you for clarification, EPA may not be able to consider your
comment. Electronic files should avoid the use of special characters,
any form of encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the docket index.
Although listed in the index, some information is not publicly
available, e.g., CBI or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either in the electronic docket at http://www.regulations.gov
, or, if only available in hard copy, at the OPP

Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South
Building), 2777 S. Crystal Drive, Arlington, VA. The hours of operation
of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday through
Friday, excluding legal holidays. The Docket telephone number is (703)
305-5805.

FOR FURTHER INFORMATION CONTACT: Christina Scheltema, Special Review
and Reregistration Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general, and may be of
interest to a wide range of stakeholders, including environmental,
human health, and agricultural advocates; the chemical industry;
pesticide users; and members of the public interested in the sale,
distribution, or use of pesticides. This listing is not intended to be
exhaustive, but rather provides a guide for readers regarding entities
likely to be affected by this action. Since others also may be
interested, the Agency has not

attempted to describe all the specific entities that may be affected by
this action. If you have any questions regarding the applicability of
this action to a particular entity, consult the person listed under FOR
FURTHER INFORMATION CONTACT.

B. What Should I Consider as I Prepare My Comments for EPA?

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

II. What Action is the Agency Taking?

    EPA requests public comment during the next 30 days on a petition
(available in docket number EPA-HQ-OPP-2006-0801) received from the
Washington Toxics Coalition requesting that the Agency revoke all
tolerances (maximum legal residue limits) for the pesticide carbaryl.
The petitioner claims that EPA cannot make a finding that there is a
reasonable certainty of no harm from dietary residues of carbaryl and,
therefore, EPA must revoke all tolerances established under Section 408
of the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the
Food Quality Protection Act (FQPA) of 1996. In addition, Washington
Toxics is petitioning EPA to cancel all uses of carbaryl because
Washington Toxics believes carbaryl cannot perform its intended
function with out causing unreasonable adverse affects on the
environment. Washington Toxics filed its petition pursuant to section
408(d) of FFDCA and in response to a Notice of Availability for the
Carbaryl Interim Reregistration Eligibility Decision (IRED), published
in the Federal Register on October 27, 2004.EPA's assessment of human
health and environmental risks of carbaryl, and finding on whether the
tolerances for carbaryl comply with the safety standard in FFDCA
Section 408, as amended by the FQPA, are contained in the Interim
Reregistration Eligibility Decision document for carbaryl, which is
available on EPA's website at http://www.regulations.gov, under docket number EPA-HQ-OPP-2003-0376 and on the pesticide web page at http://

http://www.epa.gov/pesticides/reregistration/status.htm.

List of Subjects

    Environmental protection, Pesticides and pests, Carbaryl,
Washington Toxics Coalition petition.

    Dated: September 28, 2006.
Debra Edwards,
Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. E6-16905 Filed 10-12-06; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 76, Number 158 (Tuesday, August 16, 2011)]
[Notices]
[Pages 50773-50776]
[FR Doc No: 2011-20758]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 29751; 812-13883]

Pax World Funds Series Trust I and Pax World Management LLC;
Notice of Application

August 10, 2011.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice of an application under section 6(c) of the Investment
Company Act of 1940 (``Act'') for an exemption from section 15(a) of
the Act and rule 18f-2 under the Act, as well as from certain
disclosure requirements.

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    Summary of Application: Applicants request an order that would
permit them to enter into and materially amend subadvisory agreements
without shareholder approval and would grant

relief from certain disclosure requirements.
    Applicants: Pax World Funds Series Trust I (``Mutual Funds Trust'')
and Pax World Management LLC (the ``Adviser'') (collectively,
``Applicants'').
    Filing Dates: The application was filed on March 22, 2011, and
amended on August 1, 2011. Applicants have agreed to file an amendment
during the notice period, the substance of which is reflected in this
notice.
    Hearing or Notification of Hearing: An order granting the
application will be issued unless the Commission orders a hearing.
Interested persons may request a hearing by writing to the Commission's
Secretary and serving applicants with a copy of the request, personally
or by mail. Hearing requests should be received by the Commission by
5:30 p.m. on September 6, 2011 and should be accompanied by proof of
service on the applicants, in the form of an affidavit or, for lawyers,
a certificate of service. Hearing requests should state the nature of
the writer's interest, the reason for the request, and the issues
contested. Persons who wish to be notified of a hearing may request
notification by writing to the Commission's Secretary.

ADDRESSES: Secretary, U.S. Securities and Exchange Commission, 100 F
Street, NE., Washington, DC 20549-1090. Applicants: c\o Stuart E.
Fross, K&L Gates LLP, One Lincoln Street, Boston, MA 02111, and Joseph
F. Keefe, Pax World Management LLC, 30 Penhallow Street, Suite 400,
Portsmouth, New Hampshire 03801.

FOR FURTHER INFORMATION CONTACT: Emerson S. Davis, Senior Counsel, at
(202) 551-6868, or Daniele Marchesani, Branch Chief, at<PHONE_NUMBER>
(Division of Investment Management, Office of Investment Company
Regulation).

SUPPLEMENTARY INFORMATION: The following is a summary of the
application. The complete application may be obtained via the
Commission's Web site by searching for the file number, or an applicant
using the Company name box, at http://www.sec.gov/search/search.htm or
by calling<PHONE_NUMBER>.

Applicants' Representations

    1. Mutual Funds Trust, a Massachusetts business trust, is
registered under the Act as open-end management investment companies
and currently offers eleven series (each a ``Series'' and Mutual Funds
Trust, Series or future Series, a ``Fund'' and collectively the
``Funds''), each of which has its own distinct investment objectives,
policies and restrictions.\1\ The Adviser is registered as an
investment adviser under the Investment Advisers Act of 1940
(``Advisers Act'') and serves as the investment adviser to the Mutual
Funds Trust pursuant to separate investment advisory agreements (each
an ``Investment Advisory Agreement'' and collectively, the ``Investment
Advisory Agreements'') with each Fund. Each Investment Advisory
Agreement has been or will be approved by the Mutual Funds Trust's
board of trustees (the ``Board''), including a majority of the trustees
who are not ``interested persons,'' as defined in section 2(a)(19) of
the Act, of the Trust or the Adviser (``Independent Trustees'') and by
the shareholders of the relevant Fund in the manner required by
sections 15(a) and 15(c) of the Act and rule 18f-2 under the Act.
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    \1\ Applicants also request relief with respect to any other
existing or future registered open-end management investment company
or series thereof that: (a) Is advised by the Adviser or any entity
controlling, controlled by, or under common control with the Adviser
(collectively, the ``Adviser'') or its successors; (b) uses the
multi-manager structure (``Multi-Manager Structure'') described in
the application; and (c) complies with the terms and conditions of
this application (together with any Funds that currently use the
Multi-Manager Structure, each a ``Subadvised Fund'' and
collectively, the ``Subadvised Funds''). The only existing
registered open-end management investment companies that currently
intend to rely on the requested order are named as applicants. For
purposes of the requested order, ``successor'' is limited to an
entity or entities that result from a reorganization into another
jurisdiction or a change in the type of business organization. If
the name of any Subadvised Fund contains the name of a Sub-Adviser
(as defined below), the name of the Adviser will precede the name of
the Sub-Adviser.
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    2. Under the terms of the Investment Advisory Agreements, the
Adviser, subject to the oversight of the Board, furnishes a continuous
investment program for each Fund. The Adviser periodically reviews
investment policies and strategies of each Fund and based on the need
of a particular Fund may recommend changes to the investment policies
and strategies of the Fund for consideration by its Board. For its
services to each Fund, the Adviser receives an investment advisory fee
from that Fund as specified in the applicable Investment Advisory
Agreement based on the average daily net asset value of that Fund. The
terms of the Investment Advisory Agreements also permit the Adviser,
subject to the approval of the relevant Board, including a majority of
the Independent Trustees, and the shareholders of the applicable
Subadvised Funds (if required by applicable law), to delegate portfolio
management responsibilities of all or a portion of the assets of the
Subadvised Fund to one or more subadvisers (``Sub-Advisers''). The
Adviser has entered into subadvisory agreements (``Sub-Advisory
Agreements'') with various Sub-Advisers to provide investment advisory
services to various Subadvised Funds.\2\ Each Sub-Adviser is, and each
future Sub-Adviser will be, an investment adviser as defined in section
2(a)(20) of the Act as well as registered with the Commission as an
``investment adviser'' under the Advisers Act. The Adviser evaluates,
allocates assets to and oversees the Sub-Advisers, and makes
recommendations about their hiring, termination and replacement to the
Board, at all times subject to the authority of the Board.\3\ The
Adviser will compensate each Sub-Adviser out of the fee paid to the
Adviser under the relevant Investment Advisory Agreement, or the
Subadvised Fund will be responsible for paying subadvisory fees
directly to the Sub-Adviser.
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    \2\ The Adviser has entered into Sub-Advisory Agreements with
Impax Asset Management Ltd., Access Capital Strategies LLC, a
division of Voyageur Asset Management Inc., Ariel Investments, LLC,
ClearBridge Advisors, LLC, Community Capital Management, Inc.,
Miller Howard Investments Inc., Mennonite Mutual Aid Association,
Neuberger Berman Management, LLC, Portfolio 21 Investments, Inc. and
Parnassus Investments.
    \3\ As described more fully in the application, the Adviser
utilizes the services of Morningstar Associates, LLC (``Morningstar
Associates'') under a subsidiary agreement for recommending to the
Adviser and the Board various Sub-Advisers. The responsibility for
the evaluation, selection, and recommendation of Sub-Advisers to
manage the assets (or portion thereof) of a Subadvised Fund, as well
as the monitoring and review of the Sub-Adviser ultimately rests
with the Adviser. Applicants acknowledge that the requested relief
will not extend to any such subadvisory agreement with Morningstar
Associates.
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    3. Applicants request an order to permit the Adviser, subject to
Board approval, to select certain Sub-Advisers to manage all or a
portion of the assets of a Subadvised Fund pursuant to a Sub-Advisory
Agreement and materially amend Sub-Advisory Agreements without
obtaining shareholder approval. The requested relief will not extend to
any Sub-Adviser that is an affiliated person, as defined in section
2(a)(3) of the Act, of a Subadvised Fund or the Adviser, other than by
reason of serving as a Sub-Adviser a Subadvised Funds (``Affiliated
Sub-Adviser'').
    4. Applicants also request an order exempting the Subadvised Funds
from certain disclosure provisions described below that may require the
Applicants to disclose fees paid by the Adviser or a Subadvised Fund to
each Sub-Adviser. Applicants seek an order to permit each Subadvised
Fund to disclose (as a dollar amount and a percentage of each

Subadvised Fund's net assets) only: (a) The aggregate fees paid to the
Adviser and any Affiliated Sub-Advisers; and (b) the aggregate fees
paid to Sub-Advisers other than Affiliated Sub-Advisers (collectively,
the ``Aggregate Fee Disclosure''). A Subadvised Fund that employs an
Affiliated Sub-Adviser will provide separate disclosure of any fees
paid to the Affiliated Sub-Adviser.

Applicants' Legal Analysis

    1. Section 15(a) of the Act provides, in relevant part, that it is
unlawful for any person to act as an investment adviser to a registered
investment company except pursuant to a written contract that has been
approved by the vote of a majority of the company's outstanding voting
securities. Rule 18f-2 under the Act provides that each series or class
of stock in a series investment company affected by a matter must
approve that matter if the Act requires shareholder approval.
    2. Form N-1A is the registration statement used by open-end
investment companies. Item 19(a)(3) of Form N-1A requires disclosure of
the method and amount of the investment adviser's compensation.
    3. Rule 20a-1 under the Act requires proxies solicited with respect
to an investment company to comply with Schedule 14A under the
Securities Exchange Act of 1934 (``1934 Act''). Items 22(c)(1)(ii),
22(c)(1)(iii), 22(c)(8) and 22(c)(9) of Schedule 14A, taken together,
require a proxy statement for a shareholder meeting at which the
advisory contract will be voted upon to include the ``rate of
compensation of the investment adviser,'' the ``aggregate amount of the
investment adviser's fees,'' a description of the ``terms of the
contract to be acted upon,'' and, if a change in the advisory fee is
proposed, the existing and proposed fees and the difference between the
two fees.
    4. Regulation S-X sets forth the requirements for financial
statements required to be included as part of a registered investment
company's registration statement and shareholder reports filed with the
Commission. Sections 6-07(2)(a), (b) and (c) of Regulation S-X require
a registered investment company to include in its financial statement
information about the investment advisory fees.
    5. Section 6(c) of the Act provides that the Commission may exempt
any person, security, or transaction or any class or classes of
persons, securities, or transactions from any provisions of the Act, or
from any rule thereunder, if such exemption is necessary or appropriate
in the public interest and consistent with the protection of investors
and the purposes fairly intended by the policy and provisions of the
Act. Applicants state that the requested relief meets this standard for
the reasons discussed below.
    6. Applicants assert that the shareholders expect the Adviser,
subject to the review and approval of the Board, to select the Sub-
Advisers who are best suited to achieve the Subadvised Fund's
investment objective. Applicants assert that, from the perspective of
the shareholder, the role of the Sub-Adviser is substantially
equivalent to the role of the individual portfolio managers employed by
an investment adviser to a traditional investment company. Applicants
state that requiring shareholder approval of each Sub-Advisory
Agreement would impose unnecessary delays and expenses on the
Subadvised Funds, and enable the Subadvised Fund to act more quickly
when the Board and the Adviser believe that a change would benefit a
Subadvised Fund and its shareholders. Applicants note that the
Investment Advisory Agreements and any Sub-Advisory Agreement with an
Affiliated Sub-Adviser (if any) will continue to be subject to the
shareholder approval requirements of section 15(a) of the Act and rule
18f-2 under the Act.
    7. Applicants assert that the requested disclosure relief would
benefit shareholders of the Subadvised Funds because it would improve
the Adviser's ability to negotiate the fees paid to Sub-Advisers.
Applicants state that the Adviser may be able to negotiate rates that
are below a Sub-Adviser's ``posted'' amounts, if the Adviser is not
required to disclose the Sub-Advisers' fees to the public. Applicants
submit that the requested relief will encourage Sub-Advisers to
negotiate lower subadvisory fees with the Adviser if the lower fees are
not required to be made public.

Applicants' Conditions

    Applicants agree that any order granting the requested relief will
be subject to the following conditions:
    1. Before a Subadvised Fund may rely on the order requested herein,
the operation of the Subadvised Fund in the manner described in this
application will be approved by a majority of the Subadvised Fund's
outstanding voting securities as defined in the Act or, in the case of
a Subadvised Fund whose public shareholders purchase shares on the
basis of a prospectus containing the disclosure contemplated by
condition 2 below, by the initial shareholder before such Subadvised
Fund's shares are offered to the public.
    2. The prospectus for each Subadvised Fund will disclose the
existence, substance, and effect of any order granted pursuant to the
application. In addition, each Subadvised Fund will hold itself out to
the public as employing a Multi-Manager Structure. The prospectus will
prominently disclose that the Adviser has the ultimate responsibility,
subject to oversight by the Board, to oversee the Sub-Advisers and
recommend their hiring, termination, and replacement.
    3. Within ninety days of the hiring of a new Sub-Adviser,
shareholders of the relevant Subadvised Fund will be furnished all
information about the new Sub-Adviser that would be included in a proxy
statement, except as modified to permit Aggregate Fee Disclosure. This
information will include Aggregate Fee Disclosure and any change in
disclosure caused by the addition of a new Sub-Adviser. To meet this
obligation, each Subadvised Fund will provide its shareholders, within
90 days of the hiring of a new Sub-Adviser, an information statement
meeting the requirements of Regulation 14C, Schedule 14C and Item 22 of
Schedule 14A under the 1934 Act, except as modified by the order to
permit Aggregate Fee Disclosure.
    4. The Adviser will not enter into a Sub-Advisory Agreement with
any Affiliated Sub-Adviser without that agreement, including the
compensation to be paid thereunder, being approved by the shareholders
of the applicable Subadvised Fund.
    5. At all times, at least a majority of the Board will be
Independent Trustees, and the nomination of new or additional
Independent Trustees will be placed within the discretion of the then-
existing Independent Trustees.
    6. Independent legal counsel, as defined in rule 0-1(a)(6) under
the Act, will be engaged to represent the Independent Trustees. The
selection of such counsel will be within the discretion of the then-
existing Independent Trustees.
    7. Whenever a Sub-Adviser change is proposed for a Subadvised Fund
with an Affiliated Sub-Adviser, the Board, including a majority of the
Independent Trustees, will make a separate finding, reflected in the
Board minutes, that the change is in the best interests of the
Subadvised Fund and its shareholders, and does not involve a conflict
of interest from which the Adviser or the Affiliated Sub-Adviser
derives an inappropriate advantage.
    8. Whenever a Sub-Adviser is hired or terminated, the Adviser will
provide the Board with information showing the expected impact on the
profitability of the Adviser.

    9. The Adviser will provide general management services to each
Subadvised Fund, including overall supervisory responsibility for the
general management and investment of the Subadvised Fund's assets and,
subject to review and approval of the Board, will: (a) Set the
Subadvised Fund's overall investment strategies; (b) evaluate, select
and recommend Sub-Advisers to manage all or a portion of the Subadvised
Fund's assets; (c) allocate and, when appropriate, reallocate the
Subadvised Fund's assets among Sub-Advisers; (d) monitor and evaluate
the Sub-Advisers' performance; and (e) implement procedures reasonably
designed to ensure that Sub-Advisers comply with the Subadvised Fund's
investment objective, policies and restrictions.
    10. No trustee or officer of a Subadvised Fund or director or
officer of the Adviser, will own directly or indirectly (other than
through a pooled investment vehicle that is not controlled by such
person) any interest in a Sub-Adviser except for (a) ownership of
interests in the Adviser or any entity that controls, is controlled by
or is under common control with the Adviser; or (b) ownership of less
than 1% of the outstanding securities of any class of equity or debt of
any publicly traded company that is either a Sub-Adviser or an entity
that controls, is controlled by or is under common control with a Sub-
Adviser.
    11. Each Subadvised Fund will disclose in its registration
statement the Aggregate Fee Disclosure.
    12. In the event the Commission adopts a rule under the Act
providing substantially similar relief to that in the order requested
in the application, the requested order will expire on the effective
date of that rule.
    13. The Adviser will provide the Board, no less frequently than
quarterly, with information about the profitability of the Adviser on a
per Subadvised Fund basis. The information will reflect the impact on
profitability of the hiring or termination of any Sub-Adviser during
the applicable quarter.
    14. For Subadvised Funds that pay fees to a Sub-Adviser directly
from Fund assets, any changes to a Sub-Advisory Agreement that would
result in an increase in the total management and advisory fees payable
by a Subadvised Fund will be required to be approved by the
shareholders of the Subadvised Fund.

    For the Commission, by the Division of Investment Management,
under delegated authority.
Elizabeth M. Murphy,
 Secretary.
[FR Doc. 2011-20758 Filed 8-15-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 70 (Thursday, April 11, 2013)]
[Proposed Rules]
[Pages 21569-21571]
[FR Doc No: 2013-08454]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0299; Directorate Identifier 2012-NM-072-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for all
The Boeing Company Model 727 airplanes. This proposed AD was prompted
by reports of cracks on the elevator rear spar stiffener assembly. This
proposed AD would require repetitive detailed inspections for cracking
of the elevator rear spar stiffener assembly, and corrective actions if
necessary. We are proposing this AD to detect and correct cracking of
the elevator rear spar stiffener assembly, which could adversely affect
elevator structural stiffness, that could lead to elevator vibration
and possible interference with the tab control rod and which could
result in flutter and consequent loss of control of the airplane.

DATES: We must receive comments on this proposed AD by May 28, 2013.

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 206-544-
5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com. You may review copies of the referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind Ave.
SW., Renton, WA. For information on the availability of this material
at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket 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: Berhane Alazar, Aerospace Engineer,
Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office,
1601 Lind Avenue SW., Renton, WA 98057-3356; phone:<PHONE_NUMBER>; fax:
425-917-6590; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2013-0299;
Directorate Identifier 2012-NM-072-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

    We received reports of cracks on the elevator rear spar stiffener
assembly. An operator reported finding a crack on the rear spar
stiffener assembly while accomplishing Boeing Service Bulletin 727-55-
0089 to address cracking of the elevator rear spar web at the elevator
tab hinge fittings. A cracked elevator rear spar stiffener assembly, if
not detected and corrected, could adversely affect elevator structural
stiffness, which could result in elevator vibration and possible
interference with the tab control rod and could lead to flutter and
consequent loss of control of the airplane.

Relevant Service Information

    We reviewed Boeing Special Attention Service Bulletin 727-55-0094,
dated March 21, 2012. For information on the procedures and compliance
times, see this service information at http://www.regulations.gov by
searching for Docket No. FAA-2013-0299.

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

    This proposed AD would require accomplishing the actions specified
in the service information described previously.
    The phrase ``related investigative actions'' might be used in this
proposed AD. ``Related investigative actions'' are follow-on actions
that: (1) Are related to the primary actions, and (2) are actions that
further investigate the nature of any condition found. Related
investigative actions in an AD could include, for example, inspections.
    In addition, the phrase ``corrective actions'' might be 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 98 airplanes of U.S.
registry. We estimate the following costs to comply with this proposed
AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
        Action                 Labor cost              Parts cost         Cost per product        operators
----------------------------------------------------------------------------------------------------------------
Inspection...........  5 work-hours x $85 per     None................  $425 per inspection  $41,650 per
                        hour = $425 per                                  cycle.               inspection cycle
                        inspection cycle..
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary replacements
that would be required based on the results of the proposed inspection.
We have no way of determining the number of aircraft that might need
this replacement:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                 Action                             Labor cost                    Parts cost           product
----------------------------------------------------------------------------------------------------------------
Replacement............................  7 work-hours x $85 per hour =    Unknown..................         $595
                                          $595.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

The Boeing Company: Docket No. FAA-2013-0299; Directorate Identifier
2012-NM-072-AD.

(a) Comments Due Date

    We must receive comments by May 28, 2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all The Boeing Company Model 727, 727C, 727-
100, 727-100C, 727-200, and 727-200F series airplanes, certificated
in any category.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 55, Stabilizers.

(e) Unsafe Condition

    This AD was prompted by reports of cracks on the elevator rear
spar stiffener assembly. We are issuing this AD to detect and
correct cracking of the elevator rear spar stiffener assembly, which
could adversely affect elevator structural stiffness, that could
lead to elevator vibration and possible interference with the tab
control rod and which could result in elevator flutter 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 and Corrective Actions

    Except as provided by paragraph (h) of this AD, at the
applicable time specified in table 1 of paragraph 1.E.,
``Compliance,'' of Boeing Special Attention Service Bulletin 727-55-
0094, dated March 21, 2012, do a detailed inspection for any
cracking of the elevator rear spar stiffener assembly, and all
applicable corrective actions, in accordance with the Accomplishment
Instructions of Boeing Special Attention Service Bulletin 727-55-
0094, dated March 21, 2012. Do all applicable corrective actions
before further flight. Repeat the inspection thereafter at the
applicable time specified in table 1 of paragraph 1.E.,
``Compliance,'' of Boeing Special Attention Service Bulletin 727-55-
0094, dated March 21, 2012, except as provided by paragraph (j) of
this AD.

(h) Exception

    Where Boeing Special Attention Service Bulletin 727-55-0094,
dated March 21, 2012, specifies a compliance time ``from the
original issue date of this service bulletin,'' this AD requires
compliance within the specified compliance time after the effective
date of this AD.

(i) Optional Replacement

    Replacing the elevator rear spar stiffener assembly with a new
assembly in accordance with Part 4 or 5, as applicable, of the
Accomplishment Instructions of Boeing Special Attention Service
Bulletin 727-55-0094, dated March 21, 2012, terminates the
inspections required by paragraph (g) of this AD for that assembly,
except as required by paragraph (j) of this AD.

(j) Post-Replacement Inspection Compliance Time

    For any elevator rear spar stiffener assembly replaced as
required by paragraph (g) of the AD or as specified in paragraph (i)
of this AD: Do the next inspection required by paragraph (g) of this
AD for that assembly within 96 months after accomplishing the
replacement and repeat thereafter at the times specified in
paragraph (g) of 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 the Related Information
section 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.

(l) Related Information

    (1) For more information about this AD, contact Berhane Alazar,
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft
Certification Office, 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 review copies of the referenced
service information at the FAA, Transport Airplane Directorate, 1601
Lind Ave. SW., Renton, WA. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on March 28, 2013.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-08454 Filed 4-10-13; 8:45 am]
BILLING CODE 4910-13-P


 [Federal Register Volume 76, Number 79 (Monday, April 25, 2011)] [Notices] [Page 22939] [FR Doc No: C1-2011-7981]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-64153; File No. SR-CFE-2011-002]

Self-Regulatory Organizations; CBOE Futures Exchange, LLC; Notice  of Filing and Immediate Effectiveness of a Proposed Rule Change  Relating to Listing and Trading CBOE Gold ETF Volatility Index Security  Futures

Correction

    In notice document 2011-7981 appearing on pages 18818-18821 in the  issue of Tuesday, April 5, 2011, make the following correction:     On page 18821, in the first column, in the second line from the  top, ``April 25, 2011'' should read ``April 26, 2011''.

[FR Doc. C1-2011-7981 Filed 4-22-11; 8:45 am] BILLING CODE 1505-01-D


[Federal Register Volume 80, Number 157 (Friday, August 14, 2015)]
[Proposed Rules]
[Pages 48784-48787]
[FR Doc No: 2015-20111]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0483]
RIN 1625-AA00

Safety Zone; Ironman 70.3 Miami; Miami, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to establish a safety zone on the
waters of Biscayne Bay, east of Bayfront Park, in Miami, Florida during
the 2015 Ironman 70.3 Miami, a triathlon. The Ironman 70.3 Miami is
scheduled to take place on October 25, 2015. Approximately 2,500
participants are anticipated to participate in the swim portion of the
event. No spectators are expected to be present during the event. The
safety zone is necessary to ensure the safety of the participants,
participant vessels, and the general public during the event.

Persons and vessels, except those participating in the event, are
prohibited from entering, transiting through, anchoring in, or
remaining within the regulated area unless authorized by the Captain of
the Port Miami or a designated representative.

DATES: Comments and related material must be received by the Coast
Guard on or before September 28, 2015.
    Requests for public meetings must be received by the Coast Guard on
or before September 14, 2015.

ADDRESSES: You may submit comments identified by docket number using
any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is<PHONE_NUMBER>.
    See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for further instructions
on submitting comments. To avoid duplication, please use only one of
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer John K. Jennings, Sector Miami Prevention
Department, Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>If you have questions on viewing or
submitting material to the docket, call Rich Walter, Program Manager,
Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation. You may submit your comments and material online at
http://www.regulations.gov, or by fax, mail, or hand delivery, but
please use only one of these means. If you submit a comment online, it
will be considered received by the Coast Guard when you successfully
transmit the comment. If you fax, hand deliver, or mail your comment,
it will be considered as having been received by the Coast Guard when
it is received at the Docket Management Facility. We recommend that you
include your name and a mailing address, an email address, or a
telephone number in the body of your document so that we can contact
you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
type the docket number USCG-2015-XXXX in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
type the docket number (USCG-2015-XXXX) in the ``SEARCH'' box and click
``SEARCH.'' Click on Open Docket Folder on the line associated with
this rulemaking. You may also visit the Docket Management Facility in
Room W12-140 on the ground floor of the Department of Transportation
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.

3. Privacy Act

    Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one, using one of the methods specified under ADDRESSES.
Please explain why you believe a public meeting would be beneficial. If
we determine that one would aid this rulemaking, we will hold one at a
time and place announced by a later notice in the Federal Register.

B. Regulatory History and Information

    Previously, a rule regarding this maritime event was published in
the Code of Federal Regulations at 33 CFR 165. No final rule has been
published in regards to this event.

C. Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to
establish regulated navigation areas and other limited access areas: 33
U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195 33
CFR 1.05-1, 6.04-6, and 160.5; Public Law 107-295, 116 Stat. 2064;
Department of Homeland Security Delegation No. 0170.1. The purpose of
the rule is to provide for the safety of life on navigable waters of
the United States during the Ironman 70.3 Miami.

D. Discussion of Proposed Rule

    On October 25, 2015, Miami Tri Events is sponsoring the Ironman
70.3, a triathlon. The swim portion of the event will be held on the
waters of Biscayne Bay, Miami, Florida. Approximately 2,500
participants are anticipated to participate in the event. No spectator
vessels are expected during the event.
    The proposed rule will establish a safety zone that will encompass
certain waters of Biscayne Bay located east of Bay Front Park, Miami,
Florida. The safety zone will be enforced from 6 a.m. until 10:30 a.m.
on October 25, 2015. The safety zone will establish an area around the
event where non-participant persons and vessels are prohibited from
entering, transiting through, anchoring in, or remaining within. Non-
participant persons and vessels may request authorization to enter,
transit through, anchor in, or remain within the safety zone by
contacting the Captain of the Port Miami by telephone at<PHONE_NUMBER>,
or a designated representative via VHF radio on channel 16. If
authorization to enter, transit through, anchor in, or remain within
the event area is granted by the Captain of the Port

Miami or a designated representative, all persons and vessels receiving
such authorization must comply with the instructions of the Captain of
the Port Miami or a designated representative. The Coast Guard will
provide notice of the safety zone by Local Notice to Mariners,
Broadcast Notice to Mariners, and on-scene designated representatives.

E. Regulatory Analyses

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

1. Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
as supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. The economic impact of
this proposed rule is not significant for the following reasons: (1)
The safety zone will be enforced for only four and one half hours; (2)
although non-participant persons and vessels will not be able to enter,
transit through, anchor in, or remain within the event area without
authorization from the Captain of the Port Miami or a designated
representative, they may operate in the surrounding area during the
enforcement period; (3) non-participant persons and vessels may still
enter, transit through, anchor in, or remain within the event area
during the enforcement period if authorized by the Captain of the Port
Miami or a designated representative; and (4) the Coast Guard will
provide advance notification of the safety zone to the local maritime
community by Local Notice to Mariners and Broadcast Notice to Mariners.

2. Impact on Small Entities

    The Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this proposed rule on small entities. The
Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule
will not have a significant economic impact on a substantial number of
small entities.
    This rule may affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to enter,
transit through, anchor in, or remain within that portion of Biscayne
Bay encompassed within the safety zone from 3 p.m. until 6 p.m. on
April 18, 2015. For the reasons discussed in the Regulatory Planning
and Review section above, this rule will not have a significant
economic impact on a substantial number of small entities.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION
CONTACT, above. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.

4. Collection of Information

    This proposed rule will not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has 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. We have analyzed this proposed rule under that Order and
determined that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

7. 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 proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.

8. Taking of Private Property

    This proposed rule would 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.

9. Civil Justice Reform

    This proposed 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.

10. Protection of Children From Environmental Health Risks

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

11. Indian Tribal Governments

    This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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.

12. Energy Effects

    This proposed rule is not a ``significant energy action'' under
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use.

13. Technical Standards

    This proposed rule does not use technical standards. Therefore, we
did

not consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this proposed 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 made a preliminary determination that this action is one of a
category of actions that do not individually or cumulatively have a
significant effect on the human environment. This proposed rule
involves the creation of a safety zone. This rule is categorically
excluded from further review under paragraph 34(g) of Figure 2-1 of the
Commandant Instruction. Preliminary environmental analysis checklists
supporting this determination are available in the docket where
indicated under ADDRESSES. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
proposed rule.

 List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, and Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50
U.S.C. 191, 195 33 CFR 1.05-1, 6.04-6, and 160.5; Public Law 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No.
0170.1.

0
2. Add a temporary Sec.  165.T07-0024 to the undesignated center
heading Seventh Coast Guard District to read as follows:

Sec.  165.T07-0679  Safety Zone; Ironman 70.3 Miami, Biscayne Bay;
Miami, FL.

    (a) Regulated area. The following regulated area is a safety zone.
All waters of Biscayne Bay located east of Bayfront Park and
encompassed within the following points: Starting at Point 1 in
position 25[deg]46'44'' N., 080[deg]10'59'' W.; thence southeast to
Point 2 in position 25[deg]46'24'' N., 080[deg]10'44'' W.; thence
southwest to Point 3 in position 25[deg]46'18'' N., 080[deg]11'05'' W.;
thence north to Point 4 in position 25[deg]46'33'' N., 080[deg]11'05''
W.; thence northeast back to origin. All coordinates are North American
Datum 1983.
    (b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the
Captain of the Port Miami in the enforcement of the regulated area.
    (c) Regulations. (1) Non-participant persons and vessels are
prohibited from entering, transiting through, anchoring in, or
remaining within the regulated area unless authorized by Captain of the
Port Miami or a designated representative.
    (2) Non-participant persons and vessels may request authorization
to enter, transit through, anchor in, or remain within the regulated
area by contacting the Captain of the Port Miami by telephone at 305-
535-4472, or a designated representative via VHF radio on channel 16.
If authorization is granted by the Captain of the Port Miami or a
designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the Captain of the
Port Miami or a designated representative.
    (3) The Coast Guard will provide notice of the safety zone by Local
Notice to Mariners, Broadcast Notice to Mariners and on-scene
designated representatives.
    (d) Effective date. This rule will be enforced from 6 a.m. until
10:30 a.m. on October 25, 2015.

    Dated: July 30, 2015.
A.J. Gould,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2015-20111 Filed 8-13-15; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 78, Number 182 (Thursday, September 19, 2013)]
[Notices]
[Page 57671]
[FR Doc No: 2013-22910]

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

SECURITIES AND EXCHANGE COMMISSION

[File No. 500-1]

PacWest Equities, Inc.; Order of Suspension of Trading

September 17, 2013.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
PacWest Equities, Inc. (``PacWest'') because of questions regarding the
accuracy of assertions by PacWest in public statements regarding the
company's business operations and assets. PacWest, a Company that has
made no public filings with the Commission, is a Nevada corporation
based in Las Vegas, Nevada. It is quoted on OTC Link under the symbol
PWEI.
    The Commission is of the opinion that the public interest and the
protection of investors require a suspension of trading in the
securities of the above-listed company.
    Therefore, it is ordered, pursuant to Section 12(k) of the
Securities Exchange Act of 1934, that trading in the securities of the
above-listed company is suspended for the period from 9:30 a.m. e.d.t.
on September 17, 2013 through 11:59 p.m. e.d.t., on September 30, 2013.

    By the Commission.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2013-22910 Filed 9-17-13; 4:15 pm]
BILLING CODE 8011-01-P


[Federal Register: August 6, 2009 (Volume 74, Number 150)]
[Rules and Regulations]
[Page 39213-39216]
[DOCID:fr06au09-4]

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

Coast Guard

33 CFR Part 100

[Docket No. USCG-2009-0251]
RIN 1625-AA08

Special Local Regulations for Marine Events; Patapsco River,
Northwest Harbor, Baltimore, MD

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing special local regulations
during the ``Baltimore Dragon Boat Challenge'', a marine event to be
held on the waters of the Patapsco River, Northwest Harbor, Baltimore,
MD. These special local regulations are necessary to provide for the
safety of life on navigable waters during the event. This action is
intended to temporarily restrict vessel traffic in a portion of the
Patapsco River during the event.

DATES: This rule is effective from August 22, 2009 through August 29,
2009.

ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2009-0251 and are available online by going to
http://www.regulations.gov, selecting the Advanced Docket Search option
on the right side of the screen, inserting USCG-2009-0251 in the Docket
ID box, pressing Enter, and then clicking on the item in the Docket ID
column. This material is also 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail Mr. Ronald Houck, U.S. Coast Guard
Sector Baltimore, MD; telephone<PHONE_NUMBER>, e-mail
<EMAIL_ADDRESS>If you have questions on viewing the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On June 2, 2009, we published a notice of proposed rulemaking
(NPRM) entitled Special Local Regulations for Marine Events; Patapsco
River, Northwest Harbor, Baltimore, MD in the Federal Register (74 FR
26326). We received no comments on the proposed rule. No public meeting
was requested, and none was held.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. The potential dangers posed by
powered vessels operating in close proximity to relatively small rowing
vessels in a restricted waterway make special local regulations
necessary. Delaying the effective date would be contrary to the public
interest, since immediate action is needed to ensure the safety of the
event participants, patrol vessels, spectator craft and other vessels
transiting the event area. However, the Coast Guard will provide
advance notifications to users of the effected waterways via marine
information broadcasts, local notice to mariners, commercial radio
stations and area newspapers.

Background and Purpose

    On August 22, 2009, Baltimore Dragon Boat Club, Inc. will sponsor
Dragon Boat Races in the Patapsco River, Northwest Harbor at Baltimore,
MD. The event will consist of approximately 15 teams rowing Chinese
Dragon Boats in heats of 2 to 4 boats for a distance of 500-meters. Due
to the need for vessel control during the event, the Coast Guard will
temporarily restrict vessel traffic in the event area to provide for
the safety of participants, spectators and other transiting vessels.

Discussion of Comments and Changes

    The Coast Guard did not receive comments in response to the notice
of proposed rulemaking (NPRM) published in the Federal Register.
Accordingly, the Coast Guard is establishing temporary special local
regulations on specified waters of the Patapsco River, Northwest
Harbor, Baltimore, MD.

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.

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. The Office of Management and Budget has not
reviewed it under that Order.
    We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation under the regulatory policies and procedures
of DHS is unnecessary. Although this regulation will prevent traffic
from transiting a portion of the Patapsco River during the event, the
effect of this regulation will not be significant due to the limited
duration that the regulated area will be in effect and the extensive
advance notifications that will be made to the maritime community via
the Local Notice to Mariners, marine information broadcasts, and area
newspapers, so mariners can adjust their plans accordingly.
Additionally, the regulated area has been narrowly tailored to impose
the least impact on general navigation yet provide the level of safety
deemed necessary. Vessel traffic will be able to transit the regulated
area at slow speed between heats, when the Coast Guard Patrol Commander
deems it is safe to do so.

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.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities. This rule would affect the following entities, some of which
might be small entities: the owners or operators of vessels intending
to transit or anchor in the effected portions of the Patapsco River
during the event.
    Although this regulation prevents traffic from transiting a portion
of the Patapsco River, Northwest Harbor during the event, this rule
would not have a significant economic impact on a substantial number of
small entities for the following reasons. This rule would be in effect
for only a limited period. Vessel traffic will be able to transit the
regulated area between heats, when the Coast Guard Patrol Commander
deems it is safe to do so. Before the enforcement period, we will issue
maritime advisories so mariners can adjust their plans accordingly.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM 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
process.
    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). 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.

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).

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.

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 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.

Taking of Private Property

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

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.

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.

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.

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.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (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.

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
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(h), of the Instruction. This rule involves implementation of
regulations within 33 CFR Part 100 that apply to organized marine
events on the navigable waters of the United States that may have
potential for negative impact on the safety or other interest of
waterway users and shore side activities in the event area. The
category of water activities includes but is not limited to sail boat
regattas, boat parades, power boat racing, swimming events, crew
racing, canoe and sail board racing.
    An environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
ADDRESSES.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.

0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  33 U.S.C. 1233.

0
2. Add a temporary section, Sec.  100.35-T05-0251 to read as follows:

Sec.  100.35-T05-0251  Special Local Regulations for Marine Events;
Patapsco River, Northwest Harbor, MD.

    (a) Regulated area. The following locations are regulated areas:
All waters of the Patapsco River, Northwest Harbor, Maryland, located
near Locust Point, within an area bounded by the following lines of
reference; bounded on the west by a line running along longitude
076[deg]35[min]35[sec] W; bounded on the east by a line running along
longitude 076[deg]35[min]10[sec] W; bounded on the north by a line
running along latitude 39[deg]16[min]40[sec] N; and bounded on the
south by the shoreline. All coordinates reference Datum NAD 1983.
    (b) Definitions: (1) Coast Guard Patrol Commander means a
commissioned, warrant, or petty officer of the U.S. Coast Guard who has
been designated by the Commander, Coast Guard Sector, Baltimore.
    (2) Official Patrol means any vessel assigned or approved by
Commander, Coast Guard Sector Baltimore with a commissioned, warrant,
or petty officer on board and displaying a Coast Guard ensign.
    (c) Special local regulations: (1) Except for persons or vessels
authorized by the Coast Guard Patrol Commander, no person or vessel may
enter or remain in the regulated area.
    (2) The operator of any vessel in the regulated area must: (i) Stop
the vessel immediately when directed to do so by the Coast Guard Patrol
Commander or any Official Patrol.
    (ii) Proceed as directed by the Coast Guard Patrol Commander or any
Official Patrol.
    (d) Enforcement period: This section will be enforced as follows;
(1) from 6 a.m. until 7 p.m. on August 22, 2009.
    (2) In the case of inclement weather this marine event may be
postponed and rescheduled for 6 a.m. to 7 p.m. on August 29, 2009.

    (3) The Coast Guard will publish a notice in the Fifth Coast Guard
District Local Notice to Mariners and issue marine information
broadcast on VHF-FM marine band radio announcing specific event date
and times.

    Dated: July 13, 2009.
Patrick B. Trapp,
Captain, U.S. Coast Guard Commander, Fifth Coast Guard District,
Acting.
[FR Doc. E9-18750 Filed 8-5-09; 8:45 am]

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[Federal Register Volume 85, Number 122 (Wednesday, June 24, 2020)]
[Notices]
[Pages 37941-37942]
[FR Doc No: 2020-13628]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER20-2087-000]

Gichi Noodin Wind Farm, LLC; Supplemental Notice That Initial
Market-Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced Gichi Noodin
Wind Farm, LLC's application for market-based rate authority, with an
accompanying rate tariff, noting that such application includes a
request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is July 8, 2020.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling

link to log on and submit the intervention or protests.
    Persons unable to file electronically may mail similar pleadings to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://ferc.gov) using the
eLibrary link. Enter the docket number excluding the last three digits
in the docket number field to access the document. At this time, the
Commission has suspended access to the Commission's Public Reference
Room, due to the proclamation declaring a National Emergency concerning
the Novel Coronavirus Disease (COVID-19), issued by the President on
March 13, 2020. For assistance, contact the Federal Energy Regulatory
Commission at<EMAIL_ADDRESS>or call toll-free, (886) 208-
3676 or TYY,<PHONE_NUMBER>.

    Dated: June 18, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-13628 Filed 6-23-20; 8:45 am]
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