[Federal Register Volume 79, Number 82 (Tuesday, April 29, 2014)]
[Notices]
[Pages 24031-24032]
[FR Doc No: 2014-09677]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-72006; File No. SR-ISE-2014-10]

Self-Regulatory Organizations; International Securities Exchange,
LLC; Notice of Designation of a Longer Period for Commission Action on
a Proposed Rule Change Related to Complex Orders

April 23, 2014.
    On February 25, 2014, the International Securities Exchange, LLC
(the ``Exchange'' or ``ISE'') filed with the Securities and Exchange
Commission (the ``Commission''), pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4
thereunder,\2\ a proposed rule change relating to complex orders. The
proposed rule change was published for comment in the Federal Register
on March 14, 2014.\3\ The Commission received no comments on the
proposed rule change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 71669 (March 10,
2014), 79 FR 14563.
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    Section 19(b)(2) of the Act \4\ provides that within 45 days of the
publication of notice of the filing of a proposed rule change, or
within such longer period up to 90 days as the Commission may designate
if it finds such longer period to be appropriate and publishes its
reasons for so finding or as to which the self-regulatory organization
consents, the Commission shall either approve the proposed rule change,
disapprove the proposed rule change, or institute proceedings to
determine whether the proposed rule change should be disapproved. The
45th day for this filing is April 28, 2014. The Commission is extending
this 45-day time period.
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    \4\ 15 U.S.C. 78s(b)(2).
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    The Commission finds it appropriate to designate a longer period
within which to take action on the proposed rule change so that it has
sufficient time to consider this proposed rule change. The proposed
rule change, if approved, would prevent certain types of complex order
strategies from legging into the regular market.
    Accordingly, the Commission, pursuant to Section 19(b)(2) of the
Act,\5\ designates June 12, 2014, as the date by which the Commission
should either approve or disapprove, or institute proceedings to
determine whether to disapprove, the proposed rule change (File No. SR-
ISE-2014-10).
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    \5\ 15 U.S.C. 78s(b)(2).

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    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\6\
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    \6\ 17 CFR 200.30-3(a)(31).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-09677 Filed 4-28-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 116 (Monday, June 19, 2017)]
[Notices]
[Page 27945]
[FR Doc No: 2017-12682]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Agency Information Collection Activities: Requests for Comments;
Clearance of Renewed Approval of Information Collection: Certification:
Pilots and Flight Instructors

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FAA
invites public comments about our intention to request the Office of
Management and Budget (OMB) approval to reinstate a previously approved
information collection. FAA regulations prescribe certification
standards for pilots, flight instructors, and ground instructors. The
information collected is used to determine compliance with applicant
eligibility.

DATES: Written comments should be submitted by July 19, 2017.

ADDRESSES: Interested persons are invited to submit written comments on
the proposed information collection to the Office of Information and
Regulatory Affairs, Office of Management and Budget. Comments should be
addressed to the attention of the Desk Officer, Department of
Transportation/FAA, and sent via electronic mail to
<EMAIL_ADDRESS>or faxed to<PHONE_NUMBER>, or mailed to
the Office of Information and Regulatory Affairs, Office of Management
and Budget, Docket Library, Room 10102, 725 17th Street NW.,
Washington, DC 20503.
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) Whether the proposed
collection of information is necessary for FAA's performance; (b) the
accuracy of the estimated burden; (c) ways for FAA to enhance the
quality, utility and clarity of the information collection; and (d)
ways that the burden could be minimized without reducing the quality of
the collected information. The agency will summarize and/or include
your comments in the request for OMB's clearance of this information
collection.

FOR FURTHER INFORMATION CONTACT: Ronda Thompson by email at:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    OMB Control Number: 2120-0021.
    Title: Certification: Pilots and Flight Instructors.
    Form Numbers: None.
    Type of Review: Renewal of an information collection.
    Background: The Federal Register Notice with a 60-day comment
period soliciting comments on the following collection of information
was published on April 7, 2017 (82 FR 17066). Title 14 of the Code of
Federal Regulations part 61 (14 CFR part 61) Certification: Pilots,
Flight Instructors, and Ground Instructors prescribes minimum standards
and requirements for the issuance of airman certificates, and
establishes procedures for applying for airman certificates. The Airman
Certificate and/or Rating Application form and the required records,
logbooks and statements required by the federal regulations are
submitted to Federal Aviation Administration (FAA) Flight Standards
District Offices or its representatives to determine qualifications of
the applicant for issuance of a pilot or instructor certificate, or
rating or authorization.
    Respondents: Approximately 1,196,653 responses.
    Frequency: On occasion.
    Estimated Average Burden per Response: 25 minutes.
    Estimated Total Annual Burden: 330,501 hours.

    Issued in Washington, DC, on June 13, 2017.
Ronda L. Thompson,
FAA Information Collection Clearance Officer, Performance, Policy &
Records Management Branch, ASP-110.
[FR Doc. 2017-12682 Filed 6-16-17; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 115 (Tuesday, June 16, 2015)]
[Proposed Rules]
[Pages 34335-34338]
[FR Doc No: 2015-14282]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0105; Directorate Identifier 2008-SW-58-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Helicopters (Previously
Eurocopter France) (Airbus Helicopters) Helicopters

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes superseding Airworthiness Directives
(AD) 2000-05-17 and AD 2001-04-12, which apply to Eurocopter France
(now Airbus Helicopters) Model EC120B helicopters. AD 2000-05-17 and AD
2001-04-12 require repetitive visual checks of the engine-to-main
gearbox (MGB) coupling tube assembly (coupling tube) for a crack and
replacing any cracked tube with an airworthy tube. This proposed AD
would require removing certain engine mount parts from service,
measuring the height of the engine mounting base for certain
helicopters, replacing the engine mount if a certain height is
exceeded, inspecting the flared coupling on certain helicopters for a
crack, and replacing the coupling if it is cracked. Since we issued AD
2000-05-17 and AD 2001-04-12, there have been reports of additional
cracks in coupling tubes. The proposed actions are intended to prevent
coupling tube failure, loss of engine drive, and a subsequent forced
landing of the helicopter.

DATES: We must receive comments on this proposed AD by August 17, 2015.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Docket: Go to http://www.regulations.gov. Follow the online instructions for sending your
comments electronically.
     Fax:<PHONE_NUMBER>.
     Mail: Send comments to the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.
     Hand Delivery: Deliver to the ``Mail'' address 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 Operations Office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the Direction
Generale de L'Aviation Civile (DGAC) AD, the economic evaluation, any
comments received and other information. The street address for the
Docket Operations Office (telephone<PHONE_NUMBER>) is in the ADDRESSES
section. Comments will be available in the AD docket shortly after
receipt.
    For service information identified in this proposed AD, contact
Airbus Helicopters, Inc., 2701 N. Forum Drive, Grand Prairie, Texas
75052; telephone<PHONE_NUMBER> or<PHONE_NUMBER>; fax<PHONE_NUMBER>;
or at http://www.airbushelicopters.com/techpub. You may review the
service information at the FAA, Office of the Regional Counsel,
Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas
76137.

FOR FURTHER INFORMATION CONTACT: James Blyn, Aviation Safety Engineer,
Regulations and Policy Group, Rotorcraft Directorate, FAA, 2601 Meacham
Blvd., Fort Worth, Texas

76137; telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to participate in this rulemaking by submitting
written comments, data, or views. We also invite comments relating to
the economic, environmental, energy, or federalism impacts that might
result from adopting the proposals in this document. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. To
ensure the docket does not contain duplicate comments, commenters
should send only one copy of written comments, or if comments are filed
electronically, commenters should submit only one time.
    We will file in the docket all comments that we receive, as well as
a report summarizing each substantive public contact with FAA personnel
concerning this proposed rulemaking. Before acting on this proposal, we
will consider all comments we receive on or before the closing date for
comments. We will consider comments filed after the comment period has
closed if it is possible to do so without incurring expense or delay.
We may change this proposal in light of the comments we receive.

Discussion

    On March 6, 2000, we issued AD 2000-05-17, Amendment 39-11627 (65
FR 13875, March 15, 2000) for Model EC120B helicopters with engine
coupling tube, part number (P/N) C631A1002101, installed. AD 2000-05-17
requires recurring inspections of each coupling tube for a crack and,
if there is a crack, replacing any cracked coupling tube with an
airworthy, reinforced coupling tube, P/N C631A1101101, and replacing
certain engine support fitting parts. AD 2000-05-17 also requires
replacing all affected coupling tubes with a reinforced coupling tube
and replacing certain engine support fitting parts by March 31, 2000.
AD 2000-05-17 was prompted by reports of cracks on the coupling tubes.
    On February 20, 2001, we issued AD 2001-04-12, Amendment 39-12131
(66 FR 13232, March 5, 2001), for Model EC120B helicopters with engine
coupling tube, P/N C631A1101101, installed. AD 2001-04-12 requires a
visual check on each coupling tube for a crack at specified intervals.
AD 2001-04-12 was prompted by several reports of cracks on the
reinforced coupling tube.
    AD 2000-05-17 and AD 2001-04-12 were intended to prevent coupling
tube failure, loss of engine drive, and a subsequent forced landing.

Actions Since AD 2000-05-17 and AD 2001-04-12 Were Issued

    Since we issued AD 2000-05-17 (65 FR 13875, March 15, 2000) and AD
2001-04-12 (66 FR 13232, March 5, 2001), there have been reports of
additional cracks in coupling tubes. Eurocopter France (now Airbus
Helicopters) has conducted tests and determined that the washer-type
engine mount may, in certain cases, induce excessive loading on the
coupling tube since the design does not allow the operators to ensure
that all of the parts are correctly assembled. Eurocopter France (now
Airbus Helicopters) has also determined that excessive loading results
in binding that increases component wear of the inner diameter of the
mounting base.
    The DGAC, on behalf of the European Aviation Safety Agency, issued
AD No. F-2003-325 R1, dated May 12, 2004, to correct an unsafe
condition for Model EC120B helicopters with engine coupling tube, P/N
C631A1101101, and with an engine mount containing certain parts listed
in Eurocopter Alert Service Bulletin (ASB) No. 04A005, dated July 16,
2003. DGAC AD No. F-2003-325 R1 requires certain inspections for
helicopters with an engine mount block modified in accordance with
Eurocopter Service Bulletin (SB) No. 71-003, Revision 1, dated July 18,
2002, replacing any coupling tube that has a crack, and increasing the
life limit of the coupling tube from 1,000 flight hours to 20,000
flight hours. Also, DGAC AD No. F-2003-325 R1 requires, for helicopters
with a new spring-loaded engine suspension modification in accordance
with Eurocopter SB No. 71-005, Revision 0, dated May 14, 2004,
increasing the life limit of the coupling tube to 20,000 flight hours
and canceling the repetitive inspections of the coupling tube. The DGAC
advises that a crack was detected on a reinforced coupling tube, which
may lead to coupling tube failure and subsequent autorotation.
    This action is intended to prevent coupling tube failure, loss of
engine drive, and a subsequent forced landing of the helicopter.

FAA's Determination

    This helicopter has been approved by the aviation authority of
France and is approved for operation in the United States. Pursuant to
our bilateral agreement with France, the DGAC has kept the FAA informed
of the situation described above. We are proposing this AD because we
evaluated all information provided by the DGAC and determined the
unsafe condition exists and is likely to exist or develop on other
helicopters of these same type designs.

Related Service Information Under 1 CFR Part 51

    We reviewed the following Eurocopter service information:
     ASB No. 04A005, Revision 0, dated July 16, 2003,
prohibits, after June 30, 2004, operating an engine mount made up of
the following parts: support arm, P/N C714A1107201; swaged support arm,
P/N C714A1106201; left-hand support bracket, P/N C714A1101102; and
right-hand support bracket, P/N C714A1101103. SB No. 04A005 also
specifies measuring the height of the engine mounting base and, if the
height is more than 10.5 millimeters, replacing the engine mount with
an engine mount that does not have the specified P/N. ASB No. 04A005
does not apply to helicopters modified with an improved engine mount in
accordance with SB No. 71-003. ASB No. 04A005 also does not apply to
helicopters with a serial number 1170 or larger, as the specified
engine mounts are not installed on those helicopters.
     SB No. 71-005, Revision 0, dated May 14, 2004, contains
procedures to modify the spring-type engine suspension system and dye-
penetrant inspect the flared coupling assembly.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section of this
NPRM.
    The DGAC classified the service information contained in ASB No.
04A005 and SB No. 71-005 as mandatory and issued AD No. F-2003-325 R1,
dated May 12, 2004, to ensure the continued airworthiness of these
helicopters.

Other Related Service Information

    We also reviewed the following Eurocopter service information:
     SB No. 71-003, Revision 1, dated July 18, 2002, contains
procedures to improve the engine mount.
     ASB No. 05A003, Revision 2, dated July 16, 2003, for
helicopters that have not been modified with an improved engine mount
in accordance with SB No. 71-003, specifies inspecting the coupling
tube for a crack every 5 hours and establishing a coupling tube life
limit of 1,000 hours. For helicopters that have been modified with an
improved engine mount, ASB No. 05A003

specifies inspecting the coupling tube for a crack every 25 hours and
increasing the coupling tube life limit to 20,000 hours. ASB No. 05A003
was revised to Revision 3, dated May 11, 2004, to specify an optional
spring-type engine suspension modification and cancel the repetitive
inspection for this modified configuration.
    The DGAC also classified the service information contained in SB
No. 71-003 and ASB No. 05A003 as mandatory and issued AD No. F-2003-325
R1, dated May 12, 2004, to ensure the continued airworthiness of these
helicopters.

Proposed AD Requirements

    This proposed AD would require:
     Before further flight, for certain helicopters, removing
from service certain engine mount parts: support arm, P/N C714A1107201;
swaged support arm, P/N C714A1106201; left-hand support bracket, P/N
C714A1101102; and right-hand support bracket, P/N C714A1101103.
Measuring the height of the engine mounting base and, if the height is
more than 10.5 millimeters, replacing the engine mount with an engine
mount that does not have the affected parts.
     Within 25 hours time-in-service (TIS), for certain other
helicopters that do not have the specified engine mount parts due to
modifications, replacing the spring-type engine suspension system and
dye-penetrant inspecting the flared coupling for a crack. If there is a
crack in the flared coupling, before further flight, replacing the
coupling with an airworthy coupling.
     Before further flight, removing coupling tube, P/N
C631A1002101 from service. This proposed AD would prohibit installing
coupling tube, P/N C631A1002101 on any helicopter.

Differences Between This Proposed AD and the DGAC AD

    This proposed AD would require the installation of the spring-type
engine suspension modification specified in Eurocopter SB No. 71-005
and would not require the repetitive inspection of the coupling tube
and the engine mount base. This proposed AD would not require you to
contact the manufacturer.

Costs of Compliance

    We estimate out of 115 helicopters on the U.S. registry about 23
helicopters would be affected by this proposed AD. At an average labor
rate of $85 per work hour, we estimate the following:
     Installing new mounting arms and brackets would require
about 12 work hours and required parts would cost $9,194, for a total
cost per helicopter of $10,214 and $234,922 for the fleet.
     Installing the mounting spring kit would require about 14
work hours and required parts would cost $14,621, for a total cost per
helicopter of $15,811 and $363,653 for the fleet.
     Dye-penetrant inspecting the coupling tube would require
about 1 work hour for a cost per helicopter of $85 and $1,955 for the
fleet.

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, 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 to the extent that
it justifies making a regulatory distinction; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared an economic evaluation of the estimated costs to comply
with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by:
0
a. Removing Airworthiness Directive (AD) 2000-05-17, Amendment 39-11627
(65 FR 13875, March 15, 2000); and AD 2001-04-12, Amendment 39-12131
(66 FR 13232, March 5, 2001); and
0
b. Adding the following new AD:

Airbus Helicopters (Previously Eurocopter France): Docket No. FAA-
2014-0105; Directorate Identifier 2008-SW-58-AD.

(a) Applicability

    This AD applies to Model EC120B helicopters with an engine-to-
main gearbox coupling tube assembly (coupling tube), part number (P/
N) C631A1101101 or P/N C631A1002101, installed, certificated in any
category.

(b) Unsafe Condition

    This AD defines the unsafe condition as a crack in a coupling
tube. This condition could result in coupling tube failure, loss of
engine drive, and a subsequent forced landing of the helicopter.

(c) Affected ADs

    This AD supersedes AD 2000-05-17, Amendment 39-11627 (65 FR
13875, March 15, 2000) and AD 2001-04-12, Amendment 39-12131 (66 FR
13232, March 5, 2001).

(d) Comments Due Date

    We must receive comments by August 17, 2015.

(e) Compliance

    You are responsible for performing each action required by this
AD within the specified compliance time unless it has already been
accomplished prior to that time.

(f) Required Actions

    (1) For helicopters with a serial number up to and including
1169, not modified with an improvement of the engine mount in
accordance with Eurocopter Service Bulletin (SB) No. 71-003,
Revision 1, dated July 18, 2002 (SB 71-003), or not modified by
installing a spring-type engine suspension system in accordance with
Eurocopter SB No. 71-005, Revision 0, dated May 14, 2004 (SB 71-
005), before further flight:

    (i) Remove from service the following engine mount parts:
    (A) Support arm, P/N C714A1107201;
    (B) Swaged support arm, P/N C714A1106201;
    (C) Left-hand support bracket, P/N C714A1101102; and
    (D) Right-hand support bracket, P/N C714A1101103.
    (ii) Measure the height of the engine mounting base as depicted
in Figure 1 of Eurocopter Alert SB No. 04A005, Revision 0, dated
July 16, 2003. If the height is more than 10.5 millimeters, replace
the engine mount with an engine mount that does not have the parts
identified in paragraph (f)(1)(i) of this AD.
    (2) For helicopters with a serial number 1170 and larger or
helicopters modified with an improvement of the engine mount in
accordance with SB 71-003:
    (i) Within 25 hours TIS, replace the spring-type engine
suspension system and perform a dye-penetrant inspection of the
flared coupling for a crack by following the Accomplishment
Instructions, paragraphs 2.B.2.a through 2.B.2.c of SB 71-005.
    (ii) If there is a crack in the flared coupling, before further
flight, replace the coupling with an airworthy coupling.
    (3) For helicopters with coupling tube, P/N C631A1002101,
installed, before further flight, remove coupling tube, P/N
C631A1002101, from service. Do not install coupling tube, P/N
C631A1002101, on any helicopter.

(g) Special Flight Permits

    Special flight permits may be issued provided there are no
cracks in the coupling tube attachment fitting.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Group, FAA, may approve AMOCs
for this AD. Send your proposal to: James Blyn, Aviation Safety
Engineer, Regulations and Policy Group, Rotorcraft Directorate, FAA,
2601 Meacham Blvd., Fort Worth, Texas 76137; telephone (817) 222-
5110; email<EMAIL_ADDRESS>    (2) For operations conducted under a 14 CFR part 119 operating
certificate or under 14 CFR part 91, subpart K, we suggest that you
notify your principal inspector, or lacking a principal inspector,
the manager of the local flight standards district office or
certificate holding district office before operating any aircraft
complying with this AD through an AMOC.

(i) Additional Information

    (1) Eurocopter Alert Service Bulletin (ASB) No. 05A003, Revision
2, dated July 16, 2003, Eurocopter ASB No. 05A003, Revision 3, dated
May 11, 2004, and Eurocopter Service Bulletin No. 71-003, Revision
1, dated July 18, 2002, which are not incorporated by reference,
contain additional information about the subject of this AD. For
service information identified in this AD, contact Airbus
Helicopters, Inc., 2701 N. Forum Drive, Grand Prairie, Texas 75052,
telephone<PHONE_NUMBER> or<PHONE_NUMBER>; fax<PHONE_NUMBER>; or
at http://www.airbushelicopters.com/techpub. You may review a copy
of the service information at the FAA, Office of the Regional
Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth,
Texas 76137.
    (2) The subject of this AD is addressed in Direction Generale de
L'Aviation Civile (DGAC) AD No. F-2003-325 R1, Revision A, dated May
12, 2004. You may view the DGAC AD on the Internet at http://www.regulations.gov in Docket No. FAA-2014-0105.

(j) Subject

    Joint Aircraft Service Component (JASC) Code: 6310 Engine/
Transmission Coupling--Coupling Tube, Engine Mount, and Engine Mount
Base.

    Issued in Fort Worth, Texas, on May 29, 2015.
Lance T. Gant,
Acting Directorate Manager, Rotorcraft Directorate, Aircraft
Certification Service.
[FR Doc. 2015-14282 Filed 6-15-15; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: April 25, 2006 (Volume 71, Number 79)]
[Notices]
[Page 23912-23913]
[DOCID:fr25ap06-61]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

April 12, 2006.
    Take notice that the Commission received the following electric
reliability filings:
    Docket Numbers: ER01-48-005.
    Applicants: Powerex Corp.
    Description: Powerex Corp submits a notice of change in status with
respect to events that have taken place since the date of its last
Change in Status Filing.
    Filed Date: 03/31/2006.
    Accession Number: 20060404-0129.
    Comment Date: 5 p.m. eastern time on Friday, April 21, 2006.

    Docket Numbers: ER06-509-001.
    Applicants: PJM Interconnection, LLC.
    Description: PJM Interconnection LLC submits additional information
re the unexecuted Interconnection Service Agreement with Boone Heritage
Wind Farm LLC and ComEd.
    Filed Date: 03/28/2006.
    Accession Number: 20060410-0096.
    Comment Date: 5 p.m. eastern time on Monday, April 17, 2006.

    Docket Numbers: ER06-745-001.
    Applicants: MASSPOWER.
    Description: MASSPOWER supplements its 3/16/06 filing to amend its
application by withdrawing request for authority to sell reactive power
services.
    Filed Date: 03/30/2006.
    Accession Number: 20060404-0011.
    Comment Date: 5 p.m. eastern time on Thursday, April 20, 2006.

    Docket Numbers: ER06-797-000.
    Applicants: Xcel Energy Operating Services, Inc.
    Description: Xcel Energy Services, Inc on behalf of Public Service
Co of Colorado submits an Amended & Restated Agreement for
Interconnection Service with Tri-State Generation and Transmission
Association, Inc.
    Filed Date: 03/29/2006.
    Accession Number: 20060331-0163.
    Comment Date: 5 p.m. eastern time on Wednesday, April 19, 2006.

    Docket Numbers: ER06-799-001.
    Applicants: Entergy Services Inc.
    Description: Entergy Services Inc, acting as agent for Entergy
Operating Companies submits an amendments to its 3/29/06 filing of an
unexecuted Standard Large Generation Interconnection Agreement with
Arkansas Electric Coop Corp.
    Filed Date: 03/31/2006.
    Accession Number: 20060404-0013.
    Comment Date: 5 p.m. eastern time on Friday, April 21, 2006.

    Docket Numbers: ER06-822-000.
    Applicants: Fore River Development, LLC.
    Description: Fore River Development, LLC submits its proposed FERC
Electric Tariff, Original Volume No. 2 and supporting cost data
specifying its revenue requirement for providing cost-based reliability
services.
    Filed Date: 03/31/2006.
    Accession Number: 20060410-0126.
    Comment Date: 5 p.m. eastern time on Friday, April 21, 2006.

    Docket Numbers: ER06-823-000.
    Applicants: Westar Energy, Inc.
    Description: Westar Energy Inc submits a Notice of Cancellation of
an Electric Power Supply Agreement with the City of Robinson, Kansas
designated as Rate Schedule No. 233.
    Filed Date: 03/31/2006.
    Accession Number: 20060410-0093.
    Comment Date: 5 p.m. eastern time on Friday, April 21, 2006

    Docket Numbers: ER06-824-000.
    Applicants: Boston Edison Company.
    Description: Boston Edison Co submits a modification to Schedule
21-BECo of Section II of the Transmission Markets and Services Tariff
of ISO New England Inc.
    Filed Date: 04/03/2006.
    Accession Number: 20060410-0092.
    Comment Date: 5 p.m. eastern time on Monday, April 24, 2006.

    Docket Numbers: ER06-825-000.
    Applicants: American Electric Power Service Corp.
    Description: American Electric Power Service Corp, agent for its
affiliate Indian Michigan Power Co submits a second revision to the
Interconnection & Local Delivery Service Agreement No. 1253 with
Hoosier Energy Rural Electric Coop Inc.

    Filed Date: 03/31/2006.
    Accession Number: 20060410-0091.
    Comment Date: 5 p.m. eastern time on Friday, April 21, 2006.

    Docket Numbers: ER06-826-000.
    Applicants: PJM Interconnection, LLC.
    Description: PJM Interconnection LLC submits revisions to the PJM
FERC Electric Tariff, Sixth Revised Volume No.1.
    Filed Date: 04/03/2006.
    Accession Number: 20060410-0090.
    Comment Date: 5 p.m. eastern time on Monday, April 24, 2006.

    Docket Numbers: ER06-827-000.
    Applicants: Westar Energy, Inc.
    Description: Westar Energy Inc submits Rate Schedule 302 with
Missouri Joint Municipal Electric Utility Commission.
    Filed Date: 04/03/2006.
    Accession Number: 20060410-0089.
    Comment Date: 5 p.m. eastern time Monday, April 24, 2006.

    Docket Numbers: ER06-828-000.
    Applicants: Westar Energy, Inc.
    Description: Westar Energy, Inc submits Third Revised Sheet No. 11
of Second Revised Rate Schedule FERC No. 300.
    Filed Date: 04/03/2006.
    Accession Number: 20060410-0094.
    Comment Date: 5 p.m. eastern time on Monday, April 24, 2006.

    Docket Numbers: ER06-829-000.
    Applicants: Westar Energy, Inc.
    Description: Westar Energy Inc submits Second revised Sheet No. 11
of Rate Schedule 303.
    Filed Date: 04/03/2006.
    Accession Number: 20060410-0097.
    Comment Date: 5 p.m. eastern time on Monday, April 24, 2006.

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    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 should submit an original and
6 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St. NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed dockets(s). For assistance
with any FERC Online service, please e-mail<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
[FR Doc. E6-6153 Filed 4-24-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: October 28, 2008 (Volume 73, Number 209)]
[Rules and Regulations]
[Page 63897-63901]
[DOCID:fr28oc08-9]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 272

[EPA-R06-RCRA-2008-0753; FRL-8729-6]

New Mexico: Incorporation by Reference of Approved State
Hazardous Waste Management Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Immediate final rule.

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SUMMARY: The Solid Waste Disposal Act, as amended, commonly referred to
as the Resource Conservation and Recovery Act (RCRA), allows the
Environmental Protection Agency (EPA) to authorize States to operate
their hazardous waste management programs in lieu of the Federal
program. The EPA uses the regulations entitled ``Approved State
Hazardous Waste Management Programs'' to provide notice of the
authorization status of State programs and to incorporate by reference
those provisions of the State statutes and regulations that will be
subject to the EPA's inspection and enforcement. The rule codifies in
the regulations the prior approval of New Mexico's hazardous waste
management program and incorporates by reference authorized provisions
of the State's statutes and regulations.

DATES: This regulation is effective December 29, 2008, unless the EPA
receives adverse written comment on this regulation by the close of
business November 28, 2008. If the EPA receives such comments, it will
publish a timely withdrawal of this immediate final rule in the Federal
Register informing the public that this rule will not take effect. The
Director of the Federal Register approves this incorporation by
reference as of December 29, 2008 in accordance with 5 U.S.C. 552(a)
and 1 CFR part 51.

ADDRESSES: Submit your comments by one of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the on-line instructions for submitting comments.
    2. E-mail<EMAIL_ADDRESS>    3. Mail: Alima Patterson, Region 6, Regional Authorization
Coordinator, State/Tribal Oversight Section (6PD-O), Multimedia
Planning and Permitting Division, EPA Region 6, 1445 Ross Avenue,
Dallas, Texas 75202-2733.
    4. Hand Delivery or Courier: Deliver your comments to Alima
Patterson, Region 6, Regional Authorization Coordinator, State/Tribal
Oversight Section (6PD-O), Multimedia Planning

and Permitting Division, EPA Region 6, 1445 Ross Avenue, Dallas, Texas
75202-2733.
    Instructions: Direct your comments to Docket ID No. EPA-R06-RCRA-
2008-0753. EPA's policy is that all comments received will be included
in the public docket without change, including 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 www.regulations.gov,
or e-mail. The Federal www.regulations.gov Web site is an ``anonymous
access'' system, which means the 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 the EPA without going through
www.regulations.gov, your e-mail address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic
comment, the 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 the EPA cannot read your comment due to technical
difficulties, and cannot contact you for clarification, the EPA may not
be able to consider your comment. Electronic files should avoid the use
of special characters, any form of encryption, and be free of any
defects or viruses. (For additional information about the EPA's public
docket, visit the EPA Docket Center homepage at http://www.spa.gov/
epahome/dockets.htm).
    You can view and copy the documents that form the basis for this
codification and associated publicly available materials from 8:30 a.m.
to 4 p.m. Monday through Friday at the following location: EPA Region
6, 1445 Ross Avenue, Dallas, Texas 75202-2733, phone number (214) 665-
8533. Interested persons wanting to examine these documents should make
an appointment with the office at least two weeks in advance.

FOR FURTHER INFORMATION CONTACT: Alima Patterson, Region 6 Regional
Authorization Coordinator, State/Tribal Oversight Section (6PD-O),
Multimedia Planning and Permitting Division,<PHONE_NUMBER>, EPA Region
6, 1445 Ross Avenue, Dallas, Texas 75202-2733, and e-mail address
patterson.alima@ epa.gov.

SUPPLEMENTARY INFORMATION:

A. What Is Codification?

    Codification is the process of placing a State's statutes and
regulations that comprise the State's authorized hazardous waste
management program into the Code of Federal Regulations (CFR). Section
3006(b) of RCRA, as amended, allows the Environmental Protection Agency
(EPA) to authorize State hazardous waste management programs to operate
in lieu of the Federal hazardous waste management regulatory program.
The EPA codifies its authorization of State programs in 40 CFR part 272
and incorporates by reference State statutes and regulations that the
EPA will enforce under sections 3007 and 3008 of RCRA and any other
applicable statutory provisions.
    The incorporation by reference of State authorized programs in the
CFR should substantially enhance the public's ability to discern the
current status of the authorized State program and State requirements
that can be Federally enforced. This effort provides clear notice to
the public of the scope of the authorized program in each State.

B. What Is the History of the Authorization and Codification of New
Mexico's Hazardous Waste Management Program?

    New Mexico initially received Final authorization effective January
25, 1985 (50 FR 1515), to implement its Base Hazardous Waste Management
program. Subsequently, the EPA approved additional program revision
applications effective April 10, 1990 (55 FR 4604); July 25, 1990 (55
FR 28397); December 4, 1992 (57 FR 45717); August 23, 1994 (59 FR
29734); December 21, 1994 (59 FR 51122); July 10, 1995 (60 FR 20238);
January 2, 1996 (60 FR 53708) as affirmed by the EPA in the Federal
Register notice published on January 26, 1996 (61 FR 2450); March 10,
1997 (61 FR 67474); October 9, 2001 (66 FR 42140); and October 16, 2007
(72 FR 46165). The EPA incorporated by reference New Mexico's then
authorized hazardous waste program effective December 13, 1993 (58 FR
52677); August 21, 1995 (60 FR 32113); November 18, 1996 (61 FR 49265);
July 13, 1998 (63 FR 23224); and October 27, 2003 (68 FR 51487). In
this document, the EPA is revising Subpart GG of 40 CFR part 272 to
include the recent authorization revision action effective October 16,
2007 (72 FR 46165).

C. What Codification Decisions Have We Made in This Rule?

    The purpose of today's Federal Register document is to codify New
Mexico's base hazardous waste management program and its revisions to
that program. The EPA provided notices and opportunity for comments on
the Agency's decisions to authorize the New Mexico program, and the EPA
is not now reopening the decisions, nor requesting comments, on the New
Mexico authorizations as published in the Federal Register notices
specified in Section B of this document.
    This document incorporates by reference New Mexico's hazardous
waste statutes and regulations and clarifies which of these provisions
are included in the authorized and Federally enforceable program. By
codifying New Mexico's authorized program and by amending the Code of
Federal Regulations, the public will be more easily able to discern the
status of Federally approved requirements of the New Mexico hazardous
waste management program.
    The EPA is incorporating by reference the New Mexico authorized
hazardous waste program in subpart GG of 40 CFR part 272. Section
272.1601 incorporates by reference New Mexico's authorized hazardous
waste statutes and regulations. Section 272.1601 also references the
statutory provisions (including procedural and enforcement provisions)
which provide the legal basis for the State's implementation of the
hazardous waste management program, the Memorandum of Agreement, the
Attorney General's Statements and the Program Description, which are
approved as part of the hazardous waste management program under
Subtitle C of RCRA.

D. What Is the Effect of New Mexico's Codification on Enforcement?

    The EPA retains its authority under statutory provisions, including
but not limited to, RCRA sections 3007, 3008, 3013 and 7003, and other
applicable statutory and regulatory provisions to undertake inspections
and enforcement actions and to issue orders in authorized States. With
respect to these actions, the EPA will rely on Federal sanctions,
Federal inspection authorities, and Federal procedures rather than any
authorized State analogues to these provisions. Therefore, the EPA is
not incorporating by reference such particular, approved New Mexico
procedural and enforcement authorities. Section 272.1601(c)(2) of 40
CFR lists the statutory provisions which provide the legal basis for
the State's implementation of the hazardous waste management program,
as well as those procedural and enforcement authorities that are part
of the State's approved program, but these are not incorporated by
reference.

E. What State Provisions Are Not Part of the Codification?

    The public needs to be aware that some provisions of New Mexico's
hazardous waste management program are not part of the Federally
authorized State program. These non-authorized provisions include:
    (1) Provisions that are not part of the RCRA subtitle C program
because they are ``broader in scope'' than RCRA subtitle C (see 40 CFR
271.1(i));
    (2) Federal rules for which New Mexico is not authorized, but which
have been incorporated into the State regulations because of the way
the State adopted Federal regulations by reference.
    State provisions that are ``broader in scope'' than the Federal
program are not part of the RCRA authorized program and the EPA will
not enforce them. Therefore, they are not incorporated by reference in
40 CFR part 272. For reference and clarity, 40 CFR 272.1601(c)(3) lists
the New Mexico regulatory provisions which are ``broader in scope''
than the Federal program and which are not part of the authorized
program being incorporated by reference. ``Broader in scope''
provisions cannot be enforced by the EPA; the State, however, may
enforce such provisions under State law.
    With respect to any requirement pursuant to the Hazardous and Solid
Waste Amendments of 1984 (HSWA) for which the State has not yet been
authorized, the EPA will continue to enforce the Federal HSWA standards
until the State is authorized for these provisions.

F. What Will Be the Effect of Federal HSWA Requirements on the
Codification?

    The EPA is not amending 40 CFR part 272 to include HSWA
requirements and prohibitions that are implemented by the EPA. Section
3006(g) of RCRA provides that any HSWA requirement or prohibition
(including implementing regulations) takes effect in authorized and not
authorized States at the same time. A HSWA requirement or prohibition
supersedes any less stringent or inconsistent State provision which may
have been previously authorized by the EPA (50 FR 28702, July 15,
1985). The EPA has the authority to implement HSWA requirements in all
States, including authorized States, until the States become authorized
for such requirement or prohibition. Authorized States are required to
revise their programs to adopt the HSWA requirements and prohibitions,
and then to seek authorization for those revisions pursuant to 40 CFR
part 271.
    Instead of amending the 40 CFR part 272 every time a new HSWA
provision takes effect under the authority of RCRA section 3006(g), the
EPA will wait until the State receives authorization for its analog to
the new HSWA provision before amending the State's 40 CFR part 272
incorporation by reference. Until then, persons wanting to know whether
a HSWA requirement or prohibition is in effect should refer to 40 CFR
271.1(j), as amended, which lists each such provision.
    Some existing State requirements may be similar to the HSWA
requirement implemented by the EPA. However, until the EPA authorizes
those State requirements, the EPA can only enforce the HSWA
requirements and not the State analogs. The EPA will not codify those
State requirements until the State receives authorization for those
requirements.

G. Statutory and Executive Order Reviews

    The Office of Management and Budget (OMB) has exempted this action
from the requirements of Executive Order 12866 (58 FR 51735, October 4,
1993), and therefore this action is not subject to review by OMB. This
rule incorporates by reference New Mexico's authorized hazardous waste
management regulations and imposes no additional requirements beyond
those imposed by State law. Accordingly, I certify that this action
will not have a significant economic impact on a substantial number of
small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et
seq.). Because this rule merely incorporates by reference certain
existing State hazardous waste management program requirements which
the EPA already approved under 40 CFR part 271, and with which
regulated entities must already comply, it does not contain any
unfunded mandate or significantly or uniquely affect small governments,
as described in the Unfunded Mandates Reform Act of 1995 (Pub. L.
104(4)).
    This action will not have substantial direct effects 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, as specified in Executive Order 13132 (64 FR
43255, August 10, 1999), because it merely incorporates by reference
existing authorized State hazardous waste management program
requirements without altering the relationship or the distribution of
power and responsibilities established by RCRA. This action also does
not have Tribal implications within the meaning of Executive Order
13175 (65 FR 67249, November 6, 2000).
    This action also is not subject to Executive Order 13045 (62 FR
19885, April 23, 1997), because it is not economically significant and
it does not make decisions based on environmental health or safety
risks. This rule is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355, May 22, 2001), because it is not a
significant regulatory action under Executive Order 12866.
    The requirements being codified are the result of New Mexico's
voluntary participation in the EPA's State program authorization
process under RCRA Subtitle C. Thus, the requirements of section 12(d)
of the National Technology Transfer and Advancement Act of 1995 (15
U.S.C. 272 note) do not apply. As required by section 3 of Executive
Order 12988 (61 FR 4729, February 7, 1996), in issuing this rule, the
EPA has taken the necessary steps to eliminate drafting errors and
ambiguity, minimize potential litigation, and provide a clear legal
standard for affected conduct. The EPA has complied with Executive
Order 12630 (53 FR 8859, March 15, 1988) by examining the takings
implications of the rule in accordance with the ``Attorney General's
Supplemental Guidelines for the Evaluation of Risk and Avoidance of
Unanticipated Takings'' issued under the executive order. This rule
does not impose an information collection burden under the provisions
of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as amended by
the Small Business Regulatory Enforcement Fairness Act of 1996,
generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. The EPA will submit a report containing
this document and other required information to the U.S. Senate, the
U.S. House of Representatives, and the Comptroller General of the
United States prior to publication in the Federal Register. A major
rule cannot take effect until 60 days after it is published in the
Federal Register. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2). This action will be effective December 29, 2008.

List of Subjects in 40 CFR Part 272

    Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous waste, Hazardous waste
transportation, Incorporation by reference, Indian lands,
Intergovernmental relations, Penalties, Reporting and recordkeeping
requirements, Water pollution control, Water supply.

    Authority: This action is issued under the authority of Sections
2002(a), 3006 and 7004(b) of the Solid Waste Disposal Act as
amended, 42 U.S.C. 6912(a), 6926, 6974(b).

    Dated: September 17, 2008.
Richard E. Greene,
Regional Administrator, Region 6.

0
For the reasons set forth in the preamble, 40 CFR part 272 is amended
as follows:

PART 272--APPROVED STATE HAZARDOUS WASTE MANAGEMENT PROGRAMS

0
1. The authority citation for part 272 continues to read as follows:

    Authority: Secs. 2002(a), 3006, and 7004(b) of the Solid Waste
Disposal Act, as amended by the Resource Conservation and Recovery
Act, as amended, 42 U.S.C. 6912(a), 6926, and 6974(b).

0
2. Subpart GG is amended by revising Sec.  272.1601 to read as follows:

Sec.  272.1601  New Mexico State-Administered Program: Final
Authorization.

    (a) Pursuant to section 3006(b) of RCRA, 42 U.S.C. 6926(b), the EPA
granted New Mexico final authorization for the following elements as
submitted to EPA in New Mexico's base program application for final
authorization which was approved by EPA effective on January 25, 1985.
Subsequent program revision applications were approved effective on
April 10, 1990, July 25, 1990, December 4, 1992, August 23, 1994,
December 21, 1994, July 10, 1995, January 2, 1996, March 10, 1997,
October 9, 2001, and October 16, 2007.
    (b) The State of New Mexico has primary responsibility for
enforcing its hazardous waste management program. However, EPA retains
the authority to exercise its inspection and enforcement authorities in
accordance with sections 3007, 3008, 3013, 7003 of RCRA, 42 U.S.C.
6927, 6928, 6934, 6973, and any other applicable statutory and
regulatory provisions, regardless of whether the State has taken its
own actions, as well as in accordance with other statutory and
regulatory provisions.
    (c) State Statutes and Regulations. (1) The New Mexico statutes and
regulations cited in paragraph (c)(1)(i) of this section are
incorporated by reference as part of the hazardous waste management
program under subtitle C of RCRA, 42 U.S.C. 6921 et seq. The Director
of the Federal Register approves this incorporation by reference in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain
copies of the New Mexico regulations that are incorporated by reference
in this paragraph from the New Mexico Commission of Public Records,
State Records Center and Archives, Administrative Law Division, 1205
Camino Carlos Rey, Santa Fe, NM 87507; Phone number<PHONE_NUMBER>; Web
site: http://www.nmcpr.state.nm.us/. The statutes are available from
ConwayGreene Company, 1400 East 30th Street, Suite 402,
Cleveland, OH 44114; Phone number<PHONE_NUMBER>; Web site: http://
www.conwaygreene.com. You may inspect a copy at EPA Region 6, 1445 Ross
Avenue, Dallas, Texas 75202 (Phone number<PHONE_NUMBER>), or 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/cfr/ibr-locations.html.
    (i) The binder entitled ``EPA Approved New Mexico Statutory and
Regulatory Requirements Applicable to the Hazardous Waste Management
Program'', dated October 2007.
    (ii) [Reserved]
    (2) The following provisions provide the legal basis for the
State's implementation of the hazardous waste management program, but
they are not being incorporated by reference and do not replace Federal
authorities:
    (i) New Mexico Rules Annotated, Rules of Civil Procedure for the
District Courts, Article 4, (1995), Section 1-024.
    (ii) New Mexico Statutes 1978 Annotated, Inspection of Public
Records Act, Chapter 14, Article 2, (2003 Replacement Pamphlet),
Sections 14-2-1 et seq.
    (iii) New Mexico Statutes 1978 Annotated, Hazardous Waste Act,
Chapter 74, Article 4, (2000 Replacement Pamphlet), Sections 74-4-4.1,
74-4-4.2.C through 74-4-4.2.F, 74-4-4.2.G(1), 74-4-4.2.H, 74-4-4.2.I,
74-4-4.7.B and .C, 74-4-5, 74-4-7, 74-4-10.1 (except 74-4-10.1.C), and
74-4-14.
    (iv) New Mexico Statutes 1978 Annotated, Hazardous Waste Act,
Chapter 74, Article 4, (2002 Cumulative Supplement), Sections 74-4-4
(except 74-4-4E), 74-4-4.3 (except 74-4-4.3.A(2) and 74-4-4.3.F), 74-4-
10, 74-4-11 through 74-4-13.
    (v) Title 20, Chapter 4, Part 1, New Mexico Administrative Code,
effective October 1, 2003, unless otherwise indicated: Sections
<IP_ADDRESS>1 (except <IP_ADDRESS>1.B.1 through <IP_ADDRESS>1.B.6, and
<IP_ADDRESS>1.E), <IP_ADDRESS>0 (June 14, 2000), <IP_ADDRESS>4 (June 14,
2000), <IP_ADDRESS>5 (June 14, 2000), and <IP_ADDRESS>7.
    (3)(i) The following statutory provisions are broader in scope than
the Federal program, are not part of the authorized program, and are
not incorporated by reference:
    (ii) New Mexico Statutes 1978 Annotated, Hazardous Waste Act,
Chapter 74, Article 4, (2000 Replacement Pamphlet), Sections 74-4-3.3
and 74-4-4.2.J.
    (4) Unauthorized State Amendments. The State's adoption of the
Federal rules listed in the following table is not approved by the EPA
and are, therefore, not enforceable:

------------------------------------------------------------------------
                                     Federal Register       Publication
      Federal requirement               reference              date
------------------------------------------------------------------------
Biennial Report................  48 FR 3977.............        01/28/83
Permit Rules; Settlement         48 FR 39611............        09/01/83
 Agreement.
Interim Status Standards;        48 FR 52718............        11/22/83
 Applicability.
Chlorinated Aliphatic            49 FR 5308.............        02/10/84
 Hydrocarbon Listing (F024).
National Uniform Manifest......  49 FR 10490............        03/20/84
Recycled Used Oil Management     57 FR 41566: Amendments        09/10/92
 Standards.                       to 40 CFR Parts 260,
                                  261 and 266.
                                 58 FR 26420: Amendments        05/03/93
                                  to 40 CFR Parts 261,
                                  264 and 265.
                                 58 FR 33341: Amendments        06/17/93
                                  to 40 CFR Parts 261,
                                  264 and 265.
                                 63 FR 24963: Amendments        05/06/98
                                  to 40 CFR Part 261.

Mineral Processing Secondary     63 FR 28556; Amendments        05/26/98
 Materials.                       to 40 CFR Part 261.
------------------------------------------------------------------------

    (5) Memorandum of Agreement. The Memorandum of Agreement between
EPA Region 6 and the State of New Mexico, signed by the EPA Regional
Administrator on July 25, 2007, is referenced as part of the authorized
hazardous waste management program under subtitle C of RCRA, 42 U.S.C.
6921 et seq.
    (6) Statement of Legal Authority. ``Attorney General's Statement
for Final Authorization'', signed by the Attorney General of New Mexico
January 1985, and revisions, supplements and addenda to that Statement
dated April 13, 1988; September 14, 1988; July 19, 1989; July 23, 1992;
February 14, 1994; July 18, 1994; July 20, 1994; August 11, 1994;
November 28, 1994; August 24, 1995; January 12, 1996; June 14, 2000,
and August 3, 2006, are referenced as part of the authorized hazardous
waste management program under subtitle C of RCRA, 42 U.S.C. 6921 et
seq.
    (7) Program Description. The Program Description and any other
materials submitted as supplements thereto are referenced as part of
the authorized hazardous waste management program under subtitle C of
RCRA, 42 U.S.C. 6921 et seq.

0
3. Appendix A to part 272 is amended by revising the listing for ``New
Mexico'' to read as follows:

Appendix A to Part 272--State Requirements

* * * * *

New Mexico

    The statutory provisions include:
    New Mexico Statutes 1978 Annotated, Hazardous Waste Act, Chapter
74, Article 4 (2000 Replacement Pamphlet). Please note that for a
few provisions the version found in the 2002 Cumulative Supplement
to NMSA 74-4 is the approved version of the statutes.
    Chapter 74, Article 4, Sections 74-4-2, 74-4-3 (except 74-4-3.A,
74-4-3.N, 74-4-3.R, and 74-4-3.V) (2002 Cumulative Supplement), 74-
4-3.1, 74-4-4.2.A, 74-4-4.2.B, 74-4-4.2.G introductory paragraph,
74-4-4.2.G(2), 74-4-4.3.F (2002 Cumulative Supplement), 74-4-4.7
(except 74-4-4.7.B and 74-4-4.7.C), 74-4-9, and 74-4-10.1.C, as
published by ConwayGreene Company, 1400 East 30th Street, Suite
402, Cleveland, OH 44114; Phone number<PHONE_NUMBER>; Web
site: http://www.conwaygreene.com.
    The regulatory provisions include:
    Title 20, Chapter 4, Part 1, New Mexico Annotated Code,
effective October 1, 2003, unless otherwise indicated, Sections
20.4.100, <IP_ADDRESS>, <IP_ADDRESS>, <IP_ADDRESS>0, <IP_ADDRESS>0,
<IP_ADDRESS>1, <IP_ADDRESS>0, <IP_ADDRESS>1, <IP_ADDRESS>0, <IP_ADDRESS>1,
<IP_ADDRESS>0, <IP_ADDRESS>0, 20.4.801, <IP_ADDRESS>0, <IP_ADDRESS>1.B.1 through
<IP_ADDRESS>1.B.6, <IP_ADDRESS>1.E, <IP_ADDRESS>0, <IP_ADDRESS>1 (June 14,
2000), <IP_ADDRESS>2 (June 14, 2000), and 20.4.1103. Copies of the New
Mexico regulations can be obtained from the New Mexico Commission of
Public Records, State Records Center and Archives, Administrative
Law Division, 1205 Camino Carlos Rey, Santa Fe, NM 87507; Phone
number<PHONE_NUMBER>; Web site: http://www.nmcpr.state.nm.us/.

 [FR Doc. E8-25533 Filed 10-27-08; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 109 (Wednesday, June 7, 2023)]
[Notices]
[Page 37297]
[FR Doc No: 2023-12096]

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SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-805, OMB Control No. 3235-0756]

Submission for OMB Review; Comment Request; Extension: Rule
147(f)(1)(iii) Written Representation as to Purchaser Residency

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

    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'') has submitted to the Office of Management
and Budget this request for extension of the previously approved
collection of information discussed below.
    Rule 147 is a safe harbor under the Securities Act Section
3(a)(11)(15 U.S.C. 77c(a)(11)) exemption from registration. To qualify
for the safe harbor, Rule 147(f)(1)(iii) (17 CFR 230.147) will require
the issuer to obtain from the purchaser a written representation as to
the purchaser's residency. Under Rule 147, the purchaser in the
offering must be a resident of the same state or territory in which the
issuer is a resident. While the formal representation of residency by
itself is not sufficient to establish a reasonable belief that such
purchasers are in-state residents, the representation requirement,
together with the reasonable belief standard, may result in better
compliance with the rule and maintaining appropriate investor
protections. The representation of residency is not provided to the
Commission. Approximately 700 respondents provide the information
required by Rule 147(f)(1)(iii) at an estimated 2.75 hours per response
for a total annual reporting burden of 1,925 hours (2.75 hours x 700
responses).
    An agency may conduct or sponsor, and a person is not required to
respond to, a collection of information unless it displays a currently
valid control number.
    The public may view background documentation for this information
collection at the following website: www.reginfo.gov. Find this
particular information collection by selecting ``Currently under 30-day
Review--Open for Public Comments'' or by using the search function.
Written comments and recommendations for the proposed information
collection should be sent within 30 days of publication of this notice
by July 7, 2023 to (i) www.reginfo.gov/public/do/PRAMain and (ii) David
Bottom, Director/Chief Information Officer, Securities and Exchange
Commission, c/o John Pezzullo, 100 F Street NE, Washington, DC 20549,
or by sending an email to: [email protected].

    Dated: June 1, 2023.
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-12096 Filed 6-6-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 188 (Wednesday, September 28, 2016)]
[Proposed Rules]
[Pages 66562-66565]
[FR Doc No: 2016-23365]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 101

[Docket No. FDA-2016-D-2335]

Use of the Term ``Healthy'' in the Labeling of Human Food
Products; Request for Information and Comments

AGENCY: Food and Drug Administration, HHS.

ACTION: Notification; establishment of docket; request for comments.

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SUMMARY: The Food and Drug Administration (FDA or we) is announcing the
establishment of a docket to receive information and comments on the
use of the term ``healthy'' in the labeling of human food products.
This action is consistent with our recently released 2016-2025 Foods
and Veterinary Medicine (FVM) Program's strategic plan with specific
goals for nutrition and other planned and recent activity including the
issuance of final rules updating certain of our nutrition labeling
regulations. In addition, we received a citizen petition asking that we
update, among other things, our nutrient content claim regulations to
be consistent with current federal dietary guidance. In particular, the
petitioners request that FDA amend the regulation defining the nutrient
content claim ``healthy'' with respect to total fat intake and amend
the regulation to emphasize whole foods and dietary patterns rather
than specific nutrients. We invite public comment on the term
``healthy'', generally, and as a nutrient content claim in the context
of food labeling and on specific questions contained in this document.

DATES: Submit either electronic or written comments by January 26,
2017.

ADDRESSES: You may submit comments as follows:

Electronic Submissions

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

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Division of Dockets Management (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Division of
Dockets Management, FDA will post your comment, as well as any
attachments, except for information submitted,

marked and identified, as confidential, if submitted as detailed in
``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2016-D-2335 for ``Use of the Term ``Healthy'' in the Labeling of
Human Food Products; Request for Information and Comments.'' Received
comments will be placed in the docket and, except for those submitted
as ``Confidential Submissions,'' publicly viewable at http://www.regulations.gov or at the Division of Dockets Management between 9
a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on http://www.regulations.gov.
Submit both copies to the Division of Dockets Management. If you do not
wish your name and contact information to be made publicly available,
you can provide this information on the cover sheet and not in the body
of your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: http://www.fda.gov/regulatoryinformation/dockets/default.htm.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to http://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Division of Dockets Management, 5630 Fishers
Lane, Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Vincent de Jesus, Center for Food
Safety and Applied Nutrition (HFS-830), Food and Drug Administration,
5001 Campus Dr., College Park, MD 20740,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

A. What has been FDA's position regarding the use of the term
``healthy?''

    Under section 403(r)(1)(A) of the Federal Food, Drug, and Cosmetic
Act (the FD&C Act) (21 U.S.C. 343(r)(1)(A)), a food is deemed
misbranded if it bears claims, either express or implied, that
characterize the level of a nutrient which is of a type required to be
declared in nutrition labeling unless the claim is made in accordance
with a regulatory definition established by FDA (see section 403(r)(2)
of the FD&C Act). Section 201(f) of the FD&C Act (21 U.S.C. 321(f))
defines the term ``food'' to mean articles used for food or drink for
man or other animals, chewing gum, and articles used for components of
any such article. Section 201(n) of the FD&C Act (21 U.S.C. 321(n))
provides that labeling is misleading if, among other things, it fails
to reveal facts that are material in light of representations made or
suggested in the labeling, or material with respect to consequences
that may result from the use of the food to which the labeling relates
under the conditions of use prescribed in the labeling, or under such
conditions of use as are customary or usual. Section 201(m) of the FD&C
Act defines ``labeling'' as all labels and other written, printed, or
graphic matter upon any article or any of its containers or wrappers or
accompanying such article.
    The definition in 21 CFR 101.65(d) establishes the parameters for
use of the implied nutrient content claim ``healthy'' or related terms
(such as ``health'', ``healthful'', ``healthfully'', ``healthfulness'',
``healthier'', ``healthiest'', ``healthily'', and ``healthiness'') on
the label or in labeling of a food to suggest that a food, because of
its nutrient content, may be useful in creating a diet that is
consistent with dietary recommendations, if the food meets certain
nutrient conditions, and the claim is made with an explicit or implicit
claim or statement about a nutrient (e.g., ``healthy, contains 3 grams
of fat''). The conditions include specific criteria for nutrients to
limit in the diet, such as total fat, saturated fat, cholesterol,
sodium, as well as requirements for nutrients to encourage in the diet,
including vitamin A, vitamin C, calcium, iron, protein, and fiber. The
criteria are linked to elements in the Nutrition Facts label and
serving size regulations (see 21 CFR 101.9 and 101.12). The nutrient
criteria to use this nutrient content claim can vary for different food
categories (e.g., fruits and vegetables, or seafood and game meat) (21
CFR 101.65(d)(2)).
    In addition, under section 403(a)(1) of the FD&C Act, a food is
deemed misbranded if its labeling is false or misleading in any
particular.

B. What has prompted FDA to request information and comments?

    On July 14, 2016, we released the FVM Program's Strategic Plan for
fiscal years 2016-2025. The strategic plan is organized under four
goals: Food safety, nutrition, animal health, and organizational
excellence (The strategic plan is available on our Web site at http://www.fda.gov/downloads/AboutFDA/CentersOffices/OfficeofFoods/UCM507379.pdf.)
    FDA's nutrition-related strategic goals include: Providing and
supporting accurate and useful nutrition information to consumers so
they can choose healthier diets consistent with the Dietary Guidelines
for Americans and other evidence-based recommendations; and encouraging
and facilitating new products and product reformulation to promote a
healthier food supply. A key element in achieving these goals is the
modernization of FDA's regulations for nutrition-related labeling
claims to reflect current science, provide information in ways that are
understandable and useful to consumers, and reduce barriers and
encourage industry efforts to develop and introduce healthier food
products through innovation or reformulation.
    In the Federal Register of May 27, 2016, we issued final rules
updating the Nutrition Facts label and serving size information for
packaged foods to reflect new scientific information, including the
link between diet and chronic diseases such as obesity and heart
disease (see 81 FR 33742, ``Food Labeling: Revision of the Nutrition
and Supplement Facts Labels''; 81 FR 34000, ``Food Labeling: Serving
Sizes of Foods That Can Reasonably Be Consumed At One Eating Occasion;
Dual-Column Labeling; Updating, Modifying, and Establishing Certain
Reference Amounts Customarily Consumed; Serving Size for Breath Mints;
and Technical Amendments''). Updates to the Nutrition Facts label
include changes in the individual nutrients that are required to be
declared and also changes to the Daily Value of other individual
nutrients, reflecting changes in recommended intake levels, based on
current science. Because the framework for many of FDA's nutrition
labeling regulations is linked to elements in the Nutrition Facts label
and serving size

regulations, FDA has been planning to update these regulations to align
with the updated Nutrition Facts label regulations. These regulations
include those for health claims and nutrient content claims (including
the implied nutrient content claim ``healthy'').
    The science underlying FDA's new requirements for the Nutrition
Facts label and serving size information is also reflected in the
recently published 2015-2020 Dietary Guidelines for Americans (2015-
2020 Dietary Guidelines) (Ref. 1). The Dietary Guidelines are designed
for professionals to help all individuals ages 2 years and older and
their families consume a healthy, nutritionally adequate diet. The
Dietary Guidelines are the foundation of federal nutrition guidance and
are fundamental in shaping federal policies and programs related to
food, nutrition, and health. Specific recommendations in the Dietary
Guidelines have evolved over time, as nutrition science has advanced.
They provide information and perspectives on consumption of foods from
various food groups, as well as the intake of specific macronutrients
such as fats and sugars, and micronutrients such as vitamins and
minerals. The 2015-2020 Dietary Guidelines emphasize the importance of
eating patterns as a whole, the combination of foods and drinks that
people consume over time. The scientific evidence on which the Dietary
Guidelines are based and the recommendations in the Dietary Guidelines
will help inform additional updates to FDA's regulations on nutrition-
related claims that are permitted on the food label.
    A variety of stakeholders from academia and industry, as well as
consumers, have also requested that FDA update additional nutrition
labeling regulations for nutrient content and health claims, including
the implied nutrient content claim ``healthy''. Some stakeholders have
provided specific recommendations on how they believe we should
approach such an update. For example, in a citizen petition dated
December 1, 2015 (Docket Number FDA-2015-P-4564) (``Kind Citizen
Petition''), KIND LLC requested that we make certain changes to
existing nutrition claim regulations. A number of these changes
specifically related to the nutrient content claim ``healthy''. With
regards to ``healthy'', the petition requested that we:
     Amend Sec.  101.65(d)(2) so that the term ``healthy'' or
related terms may be used if the food ``meets the following conditions
for fat, saturated fat, and cholesterol exclusive of the fat and
saturated fat contributed to the food product by the following foods,
provided that such foods are used in their whole form or have been
processed in such a way that did not materially degrade their
nutritional value: Fruits, vegetables, nuts, seeds, legumes, whole
grains, and seafood; and the food meets the following conditions for
other nutrients;''
     Amend Sec.  101.65(d) (pertaining to general nutritional
claims) to ``clarify that a labeling claim that a food is useful in
maintaining healthy dietary practices is an implied nutrient content
claim only if the claim is immediately adjacent to an implicit claim or
statement about a nutrient'';
     Amend Sec.  101.65(b) (pertaining to label statements that
are not implied claims) to ``clarify that a statement that claims that
a food is useful in maintaining healthy dietary practices and that does
not appear immediately adjacent to an explicit or implicit claim or
statement about a nutrient is generally not an implied nutrient content
claim, but is instead a dietary guidance statement''; and
     While the rulemakings to amend Sec.  101.65 are pending,
issue a guidance document to ``clarify that a statement about the
usefulness of a food, or a category of foods, in maintaining healthy
dietary practices is a dietary guidance statement that is not subject
to the requirements in FDA's nutrient content claim regulations unless
it is an implied nutrient content claim because it is immediately
adjacent to an explicit or implicit claim or statement about a
nutrient''.
    See Kind Citizen Petition at pgs. 2-5. The petitioner stated that
our existing regulatory scheme ``limits the ability of food producers
to tell consumers that products containing certain foods--such as nuts,
whole grains, seafood, fruits, and vegetables--are healthy, even though
they are currently recommended as key components of a healthful diet''
(Kind Citizen Petition at pg. 5). The petitioner said that its request
would ``make FDA's regulatory regime consistent with current federal
dietary recommendations (as is required by law), consistent with
current scientific evidence about the health benefits of certain foods,
and would significantly benefit the public health by ensuring that
consumers fully understand the dietary value of foods available for
purchase'' (id.).
    The petitioner asserted that current federal dietary
recommendations encourage dietary patterns that are rich in nuts, whole
grains, legumes, seeds, fruits, vegetables, and seafood (id. at pgs.
10-14) and that current science also recognizes the health benefits of
consuming nutrient-dense foods (id. at pgs. 14-18). The petitioner also
asserted that dietary recommendations and scientific evidence now focus
on the quality or types of dietary fat consumed instead of reducing
total fat consumption (id. at pgs. 18-19).
    Thus, the petitioner described its requested changes and actions as
being necessary to ``ensure that FDA's requirements are consistent with
current federal dietary recommendations and with the most recent
scientific evidence, which is essential in providing uniform federal
dietary guidance to consumers'' (id. at page 20).

II. Other Issues for Consideration

    We invite interested persons to comment on the petitioner's
requests, including the use of the term ``healthy'' as a nutrient
content claim in the labeling of human food products; and when, if
ever, the use of the term ``healthy'' may be false or misleading. We
are particularly interested in responses to the following questions:
     Is the term ``healthy'' most appropriately categorized as
a claim based only on nutrient content? If not, what other criteria
(e.g., inclusion of foods from specific food categories) would be
appropriate to consider in defining the term ``healthy'' for use in
food labeling?
     If criteria other than nutrient content (e.g., amount of
whole grain) are to be included in the definition of the term
``healthy,'' how might we determine whether foods labeled ``healthy''
comply with such other criteria for bearing the claim?
     What types of food, if any, should be allowed to bear the
term ``healthy?'' Should all food categories be subject to the same
criteria? Please provide details of your reasoning.
     Is ``healthy'' the best term to characterize foods that
should be encouraged to build healthy dietary practices or patterns?
What other words or terms might be more appropriate (e.g.,
``nutritious'')? We encourage submission of any studies or data related
to descriptors used to communicate the overall healthfulness of a food
product.
     What nutrient criteria should be considered for the
definition of the term ``healthy?'' Should nutrients for which intake
is recommended to be limited be included? Should nutrients for which
intake is encouraged continue to be included?
     If nutrients for which intake is encouraged are included
in the definition, should these nutrients be restricted to those
nutrients whose recommended intakes are not met by the

general population, or should they include those nutrients that
contribute to general overall health? Should the nutrients be intrinsic
to the foods, or could they be provided in part--or in total--via
fortification? Please provide details of your reasoning and provide any
supportive data or information.
     Are there current dietary recommendations (e.g., the
Dietary Guidelines for Americans) or nutrient intake requirements, such
as those described in the final rule updating the Nutrition Facts label
(see 81 FR 33742; May 27, 2016) or those provided by the Institute of
Medicine (IOM) in the form of Dietary Reference Intakes (DRI) (http://www.nationalacademies.org/hmd/Activities/Nutrition/SummaryDRIs/DRI-Tables.aspx), that should be reflected in criteria for use of the term
``healthy?''
     What are the public health benefits, if any, of defining
the term ``healthy'' or other similar terms in food labeling? Please
include any data or research related to public health benefits in your
reasoning.
     What is consumers' understanding of the meaning of the
term ``healthy'' as it relates to food? What are consumers'
expectations of foods that carry a ``healthy'' claim? We are especially
interested in any data or other information that evaluates whether or
not consumers associate, confuse, or compare the term ``healthy'' with
other descriptive terms and claims.
     Would this change in the term ``healthy'' cause a shift in
consumer behavior in terms of dietary choices? For example, would it
cause a shift away from purchasing or consuming fruits and vegetables
that do not contain a ``healthy'' claim and towards purchasing or
consuming processed foods that bear this new ``healthy'' claim?
     How will the food industry and consumers regard a change
in the definition of ``healthy?''
     What would be the costs to industry of the change?

Please provide supporting data, consumer research, and other
information to support your comments and responses to these questions.

III. References

    The following reference is on display in the Division of Dockets
Management (see ADDRESSES) and is available for viewing by interested
persons between 9 a.m. and 4 p.m., Monday through Friday; it is also
available electronically at http://www.regulations.gov. (FDA has
verified the Web site address, as of the date this document publishes
in the Federal Register, but Web sites are subject to change over
time.)

1. U.S. Department of Health and Human Services and U.S. Department
of Agriculture. 2015-2020 Dietary Guidelines for Americans, 8th
Edition, December 2015, available at http://health.gov/dietaryguidelines/2015/guidelines/.

    Dated: September 23, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-23365 Filed 9-27-16; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register: August 10, 2007 (Volume 72, Number 154)]
[Notices]
[Page 45026]
[DOCID:fr10au07-53]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL04-99-001]

Mississippi Delta Energy Agency, Clarksdale Public Utilities
Commission Complainant v. Entergy Services, Inc., Entergy Operating
Companies Respondent; Notice of Filing

August 6, 2007.
    Take notice that on July 26, 2007, Entergy Services, Inc., as agent
for Entergy Arkansas, Inc., Entergy Gulf States, Inc., Entergy
Louisiana, LLC, Entergy Mississippi, Inc., and Entergy New Orleans,
Inc. filed a refund report in compliance with the Federal Energy
Regulatory Commission's Order issued on June 11, 2007, Mississippi
Delta Energy Agency and Clarksdale Public Utilities v. Entergy
Services, Inc., and Entergy Operating Companies, 119 FERC ] 61,269
(2007).
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

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

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on August 16, 2007.

Kimberly D. Bose,
Secretary.
 [FR Doc. E7-15639 Filed 8-9-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 97 (Friday, May 21, 2021)]
[Notices]
[Pages 27593-27594]
[FR Doc No: 2021-10715]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2017-0720; FRL-10022-73]

Pesticide Registration Review; Draft Human Health and/or
Ecological Risk Assessments for Several Pesticides; Notice of
Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces the availability of EPA's draft human
health and/or ecological risk assessments for the registration review
of chlormequat chloride, chlorothalonil and tebuconazole.

DATES: Comments must be received on or before July 20, 2021.

ADDRESSES: Submit your comments, to the docket identification (ID)
number for the specific pesticide of interest provided in the Table in
Unit IV, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, are available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: For pesticide specific information
contact: The Chemical Review Manager for the pesticide of interest
identified in the Table in Unit IV.
    For general questions on the registration review program, contact:
Melanie Biscoe, Pesticide Re-Evaluation Division (7508P), Office of
Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania
Ave. NW, Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>;
email 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, farm worker, and agricultural advocates; the chemical industry;
pesticide users; and members of the public interested in the sale,
distribution, or use of pesticides. 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 Chemical Review Manager identified in the Table in Unit IV.

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 email. 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 preparing and submitting
your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.
    3. Environmental justice. EPA seeks to achieve environmental
justice, the fair treatment and meaningful involvement of any group,
including minority and/or low income populations, in the development,
implementation, and enforcement of environmental laws, regulations, and
policies. To help address potential environmental justice issues, the
Agency seeks information on any groups or segments of the population
who, as a result of their location, cultural practices, or other
factors, may have atypical or disproportionately high and adverse human
health impacts or environmental effects from exposure to the pesticides
discussed in this document, compared to the general population.

II. Background

    Registration review is EPA's periodic review of pesticide
registrations to ensure that each pesticide continues to satisfy the
statutory standard for registration, that is, the pesticide can perform
its intended function without

unreasonable adverse effects on human health or the environment. As
part of the registration review process, the Agency has completed
comprehensive draft human health and/or ecological risk assessments for
all pesticides listed in the Table in Unit IV. After reviewing comments
received during the public comment period, EPA may issue a revised risk
assessment, explain any changes to the draft risk assessment, and
respond to comments and may request public input on risk mitigation
before completing a proposed registration review decision for the
pesticides listed in the Table in Unit IV. Through this program, EPA is
ensuring that each pesticide's registration is based on current
scientific and other knowledge, including its effects on human health
and the environment.

III. Authority

    EPA is conducting its registration review of the chemicals listed
in the Table in Unit IV pursuant to section 3(g) of the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Procedural
Regulations for Registration Review at 40 CFR part 155, subpart C.
Section 3(g) of FIFRA provides, among other things, that the
registrations of pesticides are to be reviewed every 15 years. Under
FIFRA, a pesticide product may be registered or remain registered only
if it meets the statutory standard for registration given in FIFRA
section 3(c)(5) (7 U.S.C. 136a(c)(5)). When used in accordance with
widespread and commonly recognized practice, the pesticide product must
perform its intended function without unreasonable adverse effects on
the environment; that is, without any unreasonable risk to man or the
environment, or a human dietary risk from residues that result from the
use of a pesticide in or on food.

IV. What action is the agency taking?

    Pursuant to 40 CFR 155.58, this notice announces the availability
of EPA's human health and/or ecological risk assessments for the
pesticides shown in the following table and opens a 60-day public
comment period on the risk assessments.

                      Table--Draft Risk Assessments Being Made Available for Public Comment
----------------------------------------------------------------------------------------------------------------
                                                                                Chemical review manager and
Registration review case name and No.                 Docket ID No.                     contact information
----------------------------------------------------------------------------------------------------------------
Chlormequat chloride; Case 7069......  EPA-HQ-OPP-2015-0816......................  James Douglass,
<EMAIL_ADDRESS><PHONE_NUMBER>.
Chlorothalonil; Case 0097............  EPA-HQ-OPP-2011-0840......................  Jon Williams,
<EMAIL_ADDRESS><PHONE_NUMBER>.
Tebuconazole; Case 7004..............  EPA-HQ-OPP-2015-0378......................  Theodore Varns,
<EMAIL_ADDRESS><PHONE_NUMBER>.
----------------------------------------------------------------------------------------------------------------

    Pursuant to 40 CFR 155.53(c), EPA is providing an opportunity,
through this notice of availability, for interested parties to provide
comments and input concerning the Agency's draft human health and/or
ecological risk assessments for the pesticides listed in the Table in
Unit IV. The Agency will consider all comments received during the
public comment period and make changes, as appropriate, to a draft
human health and/or ecological risk assessment. EPA may then issue a
revised risk assessment, explain any changes to the draft risk
assessment, and respond to comments.
    Information submission requirements. Anyone may submit data or
information in response to this document. To be considered during a
pesticide's registration review, the submitted data or information must
meet the following requirements:
     To ensure that EPA will consider data or information
submitted, interested persons must submit the data or information
during the comment period. The Agency may, at its discretion, consider
data or information submitted at a later date.
     The data or information submitted must be presented in a
legible and useable form. For example, an English translation must
accompany any material that is not in English and a written transcript
must accompany any information submitted as an audio-graphic or video-
graphic record. Written material may be submitted in paper or
electronic form.
     Submitters must clearly identify the source of any
submitted data or information.
     Submitters may request the Agency to reconsider data or
information that the Agency rejected in a previous review. However,
submitters must explain why they believe the Agency should reconsider
the data or information in the pesticide's registration review.
    As provided in 40 CFR 155.58, the registration review docket for
each pesticide case will remain publicly accessible through the
duration of the registration review process; that is, until all actions
required in the final decision on the registration review case have
been completed.

    Authority: 7 U.S.C. 136 et seq.

    Dated: April 23, 2021.
Mary Reaves,
Acting Director, Pesticide Re-Evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2021-10715 Filed 5-20-21; 8:45 am]
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