[Federal Register Volume 76, Number 96 (Wednesday, May 18, 2011)]
[Rules and Regulations]
[Pages 28635-28637]
[FR Doc No: 2011-11932]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0230; Directorate Identifier 2011-CE-004-AD;
Amendment 39-16699; AD 2011-11-01]
RIN 2120-AA64

Airworthiness Directives; British Aerospace Regional Aircraft
Model HP.137 Jetstream Mk.1, Jetstream Series 200, Jetstream Series
3101, and Jetstream Model 3201 Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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

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

    As a result of fatigue-testing programme on Jetstream
aeroplanes, cracks have been found on the main landing gear (MLG)
fittings that embody modifications JM5218 or JM8003.
    This condition, if not detected and corrected, could lead to a
MLG collapse on the ground or during landing, possibly resulting in
a fuel tank rupture, consequent damage to the aeroplane or injury to
the occupants.

    We are issuing this AD to require actions to correct the unsafe
condition on these products.

DATES: This AD becomes effective June 22, 2011.
    On June 22, 2011, the Director of the Federal Register approved the
incorporation by reference of a certain publication listed in this AD.

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov or in person at Document Management Facility, U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC
20590.
    For service information identified in this AD, contact BAE Systems
(Operations) Ltd, Customer Information Department, Prestwick
International Airport, Ayrshire, KA9 2RW, Scotland, United Kingdom;
phone: +44 1292 675207, fax: +44 1292 675704; Internet: http://www.baesystems.com/WorldWideLocations/UK/. E-mail:
<EMAIL_ADDRESS>You may review copies of the referenced
service information at the FAA, Small Airplane Directorate, 901 Locust,
Kansas City, Missouri 64106. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Taylor Martin, Aerospace Engineer,
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; e-mail:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on March 16, 2011 (76
FR 14349). That NPRM proposed to correct an unsafe condition for the
specified products. The MCAI states:

    As a result of fatigue-testing programme on Jetstream
aeroplanes, cracks have been found on the main landing gear (MLG)
fittings that embody modifications JM5218 or JM8003.
    This condition, if not detected and corrected, could lead to a
MLG collapse on the ground or during landing, possibly resulting in
a fuel tank rupture, consequent damage to the aeroplane or injury to
the occupants.
    Analysis of this failure indicates that an inspection regime has
to be implemented in order to ensure the safe operation of the MLG
beyond the accumulation of 41,000 Flight Cycles (FC).
    For the reasons described above, this AD requires initial and
repetitive eddy current inspections, and depending on findings,
accomplishment of corrective actions.

The MCAI requires replacing or repairing any cracked MLG fitting found
during the initial and repetitive inspections. You may obtain further
information by examining the MCAI in the AD docket

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM or on the determination of
the cost to the public.

Conclusion

    We reviewed the available data and determined that air safety and
the public interest require adopting the AD as proposed.

Differences Between This AD and the MCAI or Service Information

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

Costs of Compliance

    We estimate that this AD will affect 190 products of U.S. registry.
We also estimate that it will take about 20 work-hours per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour.
    Based on these figures, we estimate the cost of this AD on U.S.
operators to be $323,000 or $1,700 per product.
    In addition, we estimate that any necessary follow-on actions will
take about 4 work-hours and require parts costing $8,000, for a cost of
$8,340 per product. We have no way of determining the number of
products that may need these actions.

Authority for This Rulemaking

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

products identified in this rulemaking action.

Regulatory Findings

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

Examining the AD Docket

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new AD:

2011-11-01 British Aerospace Regional Aircraft: Amendment 39-16699;
Docket No. FAA-2011-0230; Directorate Identifier 2011-CE-004-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective June 22,
2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to British Aerospace Regional Aircraft Model
HP.137 Jetstream Mk.1, Jetstream Series 200, Jetstream Series 3101,
and Jetstream Model 3201 airplanes, all serial numbers, that are:
    (1) Equipped with main landing gear (MLG) fittings, part number
(P/N) 1379133B1/B2/B3/B4 that incorporate Modifications JM5218 or
JM8003; and
    (2) Certificated in any category.

Subject

    (d) Air Transport Association of America (ATA) Code 32: Landing
Gear.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:

    As a result of fatigue-testing programme on Jetstream
aeroplanes, cracks have been found on the main landing gear (MLG)
fittings that embody modifications JM5218 or JM8003.
    This condition, if not detected and corrected, could lead to a
MLG collapse on the ground or during landing, possibly resulting in
a fuel tank rupture, consequent damage to the aeroplane or injury to
the occupants.
    Analysis of this failure indicates that an inspection regime has
to be implemented in order to ensure the safe operation of the MLG
beyond the accumulation of 41 000 Flight Cycles (FC).
    For the reasons described above, this AD requires initial and
repetitive eddy current inspections, and depending on findings,
accomplishment of corrective actions.

The MCAI requires replacing or repairing any cracked MLG fitting
found during the initial and repetitive inspections. You may obtain
further information by examining the MCAI in the AD docket.

Actions and Compliance

    (f) Unless already done, do the following actions:
    (1) Upon accumulating 41,000 flight cycles (landings) on the MLG
since first installation or within the next 2,000 flight cycles
(landings) on the MLG after June 22, 2011 (the effective date of
this AD), whichever occurs later, eddy current inspect all the MLG
leg pivot beam fastener bores for cracks. Do the inspections
following British Aerospace Jetstream Series 3100 & 3200 Service
Bulletin 32-JA090240, Revision 1, dated January 18, 2010.
    (2) Before further flight after any inspection required in
paragraphs (f)(1), (f)(2)(i), (f)(2)(ii), and (f)(3) of this AD in
which cracks are found, replace the MLG fitting or repair any
cracks. Cracks are defined in paragraph 2.D.(4) of British Aerospace
Jetstream Series 3100 & 3200 Service Bulletin 32-JA090240, Revision
1, dated January 18, 2010. Replace or repair the MLG fitting
following British Aerospace Jetstream Series 3100 & 3200 Service
Bulletin 32-JA090240, Revision 1, dated January 18, 2010. Any time
the MLG fitting is repaired or replaced, do the following actions as
applicable:
    (i) MLG fitting is replaced with a new MLG fitting as specified
in paragraph (f)(2) of this AD: Upon accumulating 41,000 flight
cycles (landings) after replacement, eddy current inspect all the
MLG leg pivot beam fastener bores for cracks. Do the inspections
following British Aerospace Jetstream Series 3100 & 3200 Service
Bulletin 32-JA090240, Revision 1, dated January 18, 2010.
    (ii) MGL fitting is repaired as specified in paragraph (f)(2) of
this AD: Upon accumulating 27,000 flight cycles (landings) after the
last repair and repetitively thereafter at intervals not to exceed
27,000 flight cycles (landings), eddy current inspect all the MLG
leg pivot beam fastener bores for cracks. Do the inspections
following British Aerospace Jetstream Series 3100 & 3200 Service
Bulletin 32-JA090240, Revision 1, dated January 18, 2010.
    (3) If no cracks are found during any inspection required in
paragraph (f)(1), (f)(2)(i), or (f)(2)(ii) of this AD, repetitively
thereafter upon accumulating 27,000 flight cycles (landings) after
the last inspection, eddy current inspect all the MLG leg pivot beam
fastener bores for cracks.
    (4) As of June 22, 2011 (the effective date of this AD), only
install a MLG fitting specified in paragraph (c)(1) of this AD that
has been eddy current inspected and found free of cracks following
British Aerospace Jetstream Series 3100 & 3200 Service Bulletin 32-
JA090240, Revision 1, dated January 18, 2010.
    (5) Some of the compliance times of this AD are presented in
flight cycles (landings). If the total flight cycles have not been
kept, multiply the total number of airplane hours time-in-service by
0.75. For the purposes of this AD:
    (i) 75 cycles equals 100 hours TIS; and
    (ii) 750 cycles equals 1,000 hours TIS.

    Note 1: Credit will be given for the inspection required in
paragraph (f)(1) of this AD and the corrective action required in
paragraph (f)(2) of this AD if already done before June 22, 2011
(the effective date of this AD) following British Aerospace
Jetstream Series 3100 & 3200 Service Bulletin 32-JA090240, original
issue dated April 29, 2009; and BEA Systems All Operator Message:
Ref 09-014J-1, issue 1, dated July 31, 2009.

FAA AD Differences

    Note 2: This AD differs from the MCAI and/or service information
as follows: No differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Office, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. Send
information to ATTN: Taylor Martin, Aerospace Engineer, FAA, Small
Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri
64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; e-mail:
<EMAIL_ADDRESS>Before

using any approved AMOC on any airplane to which the AMOC applies,
notify your appropriate principal inspector (PI) in the FAA Flight
Standards District Office (FSDO), or lacking a PI, your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, a Federal agency may not conduct or sponsor, and a person
is not required to respond to, nor shall a person be subject to a
penalty for failure to comply with a collection of information
subject to the requirements of the Paperwork Reduction Act unless
that collection of information displays a current valid OMB Control
Number. The OMB Control Number for this information collection is
2120-0056. Public reporting for this collection of information is
estimated to be approximately 5 minutes per response, including the
time for reviewing instructions, completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Comments concerning the accuracy of this
burden and suggestions for reducing the burden should be directed to
the FAA at: 800 Independence Ave., SW., Washington, DC 20591, Attn:
Information Collection Clearance Officer, AES-200.

Related Information

    (h) Refer to MCAI European Aviation Safety Agency (EASA) AD No.
2011-0016, dated February 1, 2011; British Aerospace Jetstream
Series 3100 & 3200 Service Bulletin 32-JA090240, original issue
dated April 29, 2009; British Aerospace Jetstream Series 3100 & 3200
Service Bulletin 32-JA090240, Revision 1, dated January 18, 2010;
and BAE Systems All Operator Message: Ref 09-014J-1, issue 1 dated
July 31, 2009, for related information.

Material Incorporated by Reference

    (i) You must use British Aerospace Jetstream Series 3100 & 3200
Service Bulletin 32-JA090240, Revision 1, dated January 18, 2010, to
do the actions required by this AD, unless the AD specifies
otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact BAE
Systems (Operations) Ltd, Customer Information Department, Prestwick
International Airport, Ayrshire, KA9 2RW, Scotland, United Kingdom;
telephone: +44 1292 675207; fax: +44 1292 675704; Internet: http://www.baesystems.com/WorldWideLocations/UK/; e-mail:
<EMAIL_ADDRESS>    (3) You may review copies of the referenced service information
at the FAA, Small Airplane Directorate, 901 Locust, Kansas City,
Missouri 64106. For information on the availability of this material
at the FAA, call<PHONE_NUMBER>.
    (4) You may also review copies of the service information
incorporated by reference for this AD at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Kansas City, Missouri, on May 10, 2011.
Earl Lawrence,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2011-11932 Filed 5-17-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 147 (Wednesday, July 31, 2019)]
[Notices]
[Pages 37358-37362]
[FR Doc No: 2019-16218]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-86473; File No. SR-NYSE-2019-40]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Amending its Price List

July 25, 2019.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on July 12, 2019, New York Stock Exchange LLC (``NYSE'' or
the ``Exchange'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I,
II, and III below, which Items have been prepared by the self-
regulatory organization. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    The Exchange proposes to amend its Price List to (1) revise the
adding average daily share requirement for certain non-displayed orders
that qualify for the Tier 3 Adding Credit in Tape A securities, and (2)
adopt a new pricing tier, the Step Up Tier Adding Credit, in Tape A
securities. The Exchange proposes to implement the fee changes
effective July 12, 2019.\4\ The proposed rule change is available on
the Exchange's website at www.nyse.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.
---------------------------------------------------------------------------

    \4\ The Exchange originally filed to amend the Fee Schedule on
July 1, 2019 (SR-NYSE-2019-38). SR-NYSE-2019-38 was subsequently
withdrawn and replaced by this filing.
---------------------------------------------------------------------------

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend its Price List to (1) revise the
adding average daily share requirement for certain non-displayed orders
that qualify for the Tier 3 Adding Credit in Tape A securities, and (2)
adopt a new pricing tier, the Step Up Tier Adding Credit, in Tape A
securities.
    The proposed changes respond to the current competitive environment
where order flow providers have a choice of where to direct liquidity-
providing orders by offering further incentives for member
organizations to send additional displayed liquidity to the Exchange.
    The Exchange proposes to implement the fee changes effective July
12, 2019.
Competitive Environment
    The Commission has repeatedly expressed its preference for
competition over regulatory intervention in determining prices,
products, and services in the securities markets. In Regulation NMS,
the Commission highlighted the importance of market forces in
determining prices and SRO revenues and, also, recognized that current
regulation of the market system ``has been remarkably successful in
promoting market competition in its broader forms that are most
important to investors and listed companies.'' \5\
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 51808 (June 9,
2005), 70 FR 37495, 37499 (June 29, 2005) (S7-10-04) (Final Rule)
(``Regulation NMS'').
---------------------------------------------------------------------------

    As the Commission itself recognized, the market for trading
services in NMS stocks has become ``more fragmented and competitive.''
\6\ Indeed, equity trading is currently dispersed across 13
exchanges,\7\ 31 alternative trading systems,\8\ and numerous broker-
dealer internalizers and wholesalers, all competing for order flow.
Based on publicly-available information, no single exchange has more
than 18% market share (whether including or excluding auction
volume).\9\ Therefore, no exchange possesses significant pricing power
in the execution of equity order flow. More specifically, in May 2019,
the Exchange averaged less than 9.6% market share (excluding auctions)
of executed volume of equity trades in all securities.\10\
---------------------------------------------------------------------------

    \6\ See Securities Exchange Act Release No. 51808, 84 FR 5202,
5253 (February 20, 2019) (File No. S7-05-18) (Transaction Fee Pilot
for NMS Stocks Final Rule) (``Transaction Fee Pilot'').
    \7\ See Cboe Global Markets, U.S. Equities Market Volume Summary
(June 28, 2019), available at http://markets.cboe.com/us/equities/market_share/. See generally https://www.sec.gov/fast-answers/divisionsmarketregmrexchangesshtml.html.
    \8\ See FINRA ATS Transparency Data (June 3, 2019), available at
https://otctransparency.finra.org/otctransparency/AtsIssueData.
Although 54 alternative trading systems were registered with the
Commission as of May 31, 2019, only 31 are currently trading. A list
of alternative trading systems registered with the Commission is
available at https://www.sec.gov/foia/docs/atslist.htm.
    \9\ See Cboe Global Markets U.S. Equities Market Volume Summary
(May 31, 2019), available at http://markets.cboe.com/us/equities/market_share/.
    \10\ See id.
---------------------------------------------------------------------------

    The Exchange believes that the ever-shifting market share among the
exchanges from month to month demonstrates that market participants can
move order flow, or discontinue or reduce use of certain categories of
products, in response to fee changes. With respect to non-marketable
order flow that would provide displayed liquidity on an Exchange,
member organizations can choose from any one of the 13 currently
operating registered exchanges to route such order flow. Accordingly,
competitive forces constrain exchange transaction fees that relate to
orders that would provide liquidity on an exchange.
    In response to this competitive environment, the Exchange has
established incentives for its member organizations who submit orders
that provide liquidity on the Exchange. The Exchange's market share of
intraday trading (i.e., excluding auctions) declined from 9.6% for the
month of May 2019 to 9.2% for the month of June 2019.\11\ The proposed
fee change is designed to attract additional order flow to the Exchange
by making it easier to qualify for the Tier 3 Adding credit based on
adding liquidity to the Exchange. The proposed fee change is also
designed to attract additional order flow to the Exchange by offering a
new pricing tier to incentivize member organizations to step up their
liquidity-providing orders on the Exchange on all tapes.
---------------------------------------------------------------------------

    \11\ See id.
---------------------------------------------------------------------------

Proposed Rule Change
    The Exchange currently has several levels of credits for orders
that provide displayed and non-displayed liquidity to the Exchange
based on the amount of volume of orders that member organizations send
to the Exchange. The tiered adding credits (Tier 1 Adding Credit, Tier
2 Adding Credit, Tier 3 Adding Credit, and Tier 4 Adding Credit) range
from $0.0022 to $0.0015.

    As described in greater detail below, the Exchange proposes the
following changes:
     A reduction of the average daily volume (``ADV'')
requirement in Mid-Point Passive Liquidity orders (``MPL Orders'') \12\
that encourages member organizations to qualify for the Tier 3 Adding
Credit; and
---------------------------------------------------------------------------

    \12\ An MPL Order is an undisplayed Limit Order that
automatically executes at the mid-point of the protected best bid or
offer (``PBBO''). See Rule 13(d)(1).
---------------------------------------------------------------------------

     a new pricing tier to incentivize member organizations to
step up their liquidity-providing order by providing a credit of
$0.0019 per share where the member organization contributes certain
amounts of adding ADV to the Exchange over that member organization's
baseline of adding liquidity as measured in March 2019. The Exchange
also proposes to offer an additional $0.00005 per share to member
organizations meeting the requirements of the proposed step up tier
that add a certain amount of displayed liquidity in Tapes B and C
securities.\13\
---------------------------------------------------------------------------

    \13\ The Exchange also proposes non-substantive changes to add
punctuation to the Tier 1 Adding Credit, Tier 2 Adding Credit, Tier
3 Adding Credit, and Tier 4 Adding Credit.
---------------------------------------------------------------------------

Tier 3 Adding Credit
    Under current Tier 3, a member organization that adds liquidity to
the Exchange in securities with a share price of $1.00 or more would be
entitled to a per share credit of $0.0018 if the criteria in A or B are
satisfied, as follows:
    A.
    (i) The member organization has an Adding ADV \14\ equal to at
least 0.40% of NYSE CADV, and
---------------------------------------------------------------------------

    \14\ Footnote 2 to the Price List defines ADV as ``average daily
volume'' and ``Adding ADV'' as ADV that adds liquidity to the
Exchange during the billing month. The Exchange is not proposing to
change these definitions.
---------------------------------------------------------------------------

    (ii) The member organization executes market at-the-close (``MOC'')
and limit at-the-close (``LOC'') orders equal to at least 0.05% of NYSE
CADV.
    B.
    (i) The member organization has an Adding ADV equal to at least
0.35% of NYSE CADV,
    (ii) The member organization executes MOC and LOC orders equal to
at least 0.05% of NYSE CADV, and
    (iii) The member organization has an Adding ADV in MPL orders of at
least 400,000 shares.
    The Exchange proposes to amend the Adding ADV requirement in MPL
Orders for the second of the two alternative methods described above to
qualify for the credit by reducing the share requirement from 400,000
to 200,000 shares. As proposed, the first method to qualify for the
credit would not change and the amount of the credit would also not
change.
    The purpose of the proposed change is to increase the incentive for
order flow providers to send liquidity-providing orders to the
Exchange. As described above, member organizations with liquidity-
providing orders have a choice of where to send those orders. The
Exchange believes that, if it reduces the requirement to qualify for a
tiered credit, more member organizations will choose to route their
liquidity-providing orders to the Exchange to qualify for the credit.
The Exchange cannot predict with certainty how many member
organizations would avail themselves of this opportunity, but believes
that at least 4 member organizations could qualify for the tier.\15\
Additional liquidity-providing orders benefits all market participants
because it provides greater execution opportunities on the Exchange.
---------------------------------------------------------------------------

    \15\ In the month of June 2019, 6 member organizations not
meeting the current Tier 3 requirements were within 0.20% of the
Adding ADV requirement.
---------------------------------------------------------------------------

Step Up Tier Adding Credit
    The Exchange proposes to adopt a ``Step Up Tier Adding Credit''
that would offer a higher credit to member organizations that qualify
for the tier. The proposed tier would also offer an additional credit
for member organizations providing displayed liquidity in Tapes B and C
securities.
    As proposed, a member organization that sends orders, except MPL
and Non-Display Reserve orders, that add liquidity in Tape A securities
would receive a credit of $0.0019 if:
     The member organization has Adding ADV, excluding any
liquidity added by a Designated Market Maker (``DMM''), that is at
least 0.45% of NYSE CADV, and
     the member organization has Adding ADV, excluding any
liquidity added by a DMM, that is at least 0.20% of NYSE CADV for the
billing month over the member organization's March 2019 Adding ADV as a
percentage of NYSE CADV in March 2019.
    In addition, a member organization that meets these requirements,
and thus qualifies for the $0.0019 credit in Tape A securities, would
be eligible to receive an additional $0.00005 per share if trades in
Tapes B and C securities against the member organization's orders that
add liquidity, excluding orders as a Supplemental Liquidity Provider
(``SLP''), equal to at least 0.20% of Tape B and Tape C CADV combined.
The proposed additional credit mirrors the additional credits offered
in current Tier 1, Tier 2, Tier 3 and Tier 4 for trades in Tapes B and
C securities against a member organization's orders that add liquidity,
excluding orders as an SLP, equal to at least a specified percentage of
Tape B and Tape C CADV combined.
    For example, assume a member organization has:
     In March 2019, Adding ADV, excluding any liquidity added
by a DMM, of 8.75 million shares when NYSE CADV was 3.5 billion shares,
which is an Adding ADV of 0.25% of NYSE CADV.
     In the applicable billing month, the NYSE CADV remains at
3.5 billion shares, and therefore 0.20% of that NYSE CADV is 7 million
shares.
     For that billing month, that member organization,
excluding any liquidity added by a DMM, has Adding ADV of 17.5 million
shares when NYSE CADV was 3.5 billion shares, which is an Adding ADV of
0.50% of NYSE CADV.
    The member organization in the example would qualify for the Step
Up Tier Adding Credit in the billing month because it both (1) meets
the Adding ADV requirement of 0.45% of NYSE CADV, and (2) meets the
Adding ADV increase over that firm's March 2019 Adding ADV by at least
0.20% (Adding ADV of 0.50% of NYSE CADV in the billing month minus the
Adding ADV of 0.25% of NYSE CADV in the baseline month is a step up of
0.25% Adding ADV of NYSE CADV).
    The purpose of this proposed change is to incentivize member
organizations to increase the liquidity-providing orders in Tape A
securities they send to the Exchange, which would support the quality
of price discovery on the Exchange and provide additional price
improvement opportunities for incoming orders. The Exchange believes
that by correlating the amount of the credit to the level of orders
sent by a member organization that add liquidity, the Exchange's fee
structure would incentivize member organizations to submit more orders
that add liquidity to the Exchange, thereby increasing the potential
for price improvement to incoming marketable orders submitted to the
Exchange.
    The Exchange proposes a higher credit compared with Adding Tier 3
under the proposed Step Up Tier to provide an incentive for member
organizations to send more orders because they would then qualify for
the credit. As noted above, the Exchange operates in a competitive
environment, particularly as it relates to attracting non-marketable
orders, which add

liquidity to the Exchange. Because, as proposed, the tier requires a
member organization to increase the volume of its trades against orders
that add liquidity over that member organization's March 2019 baseline,
the Exchange believes that the proposed higher credit would provide an
incentive for member organizations to route additional liquidity to the
Exchange in order to qualify for it.
    The Exchange does not know how much order flow member organizations
choose to route to other exchanges or to off-exchange venues. There are
currently no firms that could qualify for the proposed higher Step Up
Tier Adding Credit based on their current trading profile on the
Exchange, but believes that at least 6 member organizations could
qualify for these tiers if they so choose.\16\ However, without having
a view of member organization's activity on other exchanges and off-
exchange venues, the Exchange has no way of knowing whether this
proposed rule change would result in any member organization directing
orders to the Exchange in order to qualify for the new tier.
---------------------------------------------------------------------------

    \16\ In the month of June 2019, 6 member organizations that did
not meet the requirements of the Adding Tiers had an Adding ADV of
NYSE CADV of at least 0.15%.
---------------------------------------------------------------------------

    Each of the proposed changes are not otherwise intended to address
other issues, and the Exchange is not aware of any significant problems
that market participants would have in complying with the proposed
changes.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\17\ in general, and furthers the
objectives of Sections 6(b)(4) and (5) of the Act,\18\ in particular,
because it provides for the equitable allocation of reasonable dues,
fees, and other charges among its members, issuers and other persons
using its facilities and does not unfairly discriminate between
customers, issuers, brokers or dealers.
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78f(b).
    \18\ 15 U.S.C. 78f(b)(4) & (5).
---------------------------------------------------------------------------

The Proposed Change is Reasonable
    The Exchange operates in a highly competitive market. The
Commission has repeatedly expressed its preference for competition over
regulatory intervention in determining prices, products, and services
in the securities markets. Specifically, in Regulation NMS, the
Commission highlighted the importance of market forces in determining
prices and SRO revenues and, also, recognized that current regulation
of the market system ``has been remarkably successful in promoting
market competition in its broader forms that are most important to
investors and listed companies.'' \19\
---------------------------------------------------------------------------

    \19\ See Regulation NMS, 70 FR at 37499.
---------------------------------------------------------------------------

    As the Commission itself recognized, the market for trading
services in NMS stocks has become ``more fragmented and competitive.''
\20\ Indeed, equity trading is currently dispersed across 13
exchanges,\21\ 31 alternative trading systems,\22\ and numerous broker-
dealer internalizers and wholesalers, all competing for order flow.
Based on publicly-available information, no single exchange has more
than 18% market share (whether including or excluding auction
volume).\23\ Therefore, no exchange possesses significant pricing power
in the execution of equity order flow. More specifically, in May 2019,
the Exchange averaged less than 9.6% market share (excluding auctions)
of executed volume of equity trades in all securities.\24\
---------------------------------------------------------------------------

    \20\ See Transaction Fee Pilot, 84 FR at 5253.
    \21\ See Cboe Global Markets, U.S. Equities Market Volume
Summary (June 28, 2019), available at http://markets.cboe.com/us/equities/market_share/. See generally https://www.sec.gov/fast-answers/divisionsmarketregmrexchangesshtml.html.
    \22\ See FINRA ATS Transparency Data (June 3, 2019), available
at https://otctransparency.finra.org/otctransparency/AtsIssueData.
Although 54 alternative trading systems were registered with the
Commission as of May 31, 2019, only 31 are currently trading. A list
of alternative trading systems registered with the Commission is
available at https://www.sec.gov/foia/docs/atslist.htm.
    \23\ See Cboe Global Markets U.S. Equities Market Volume Summary
(June 28, 2019), available at http://markets.cboe.com/us/equities/market_share/.
    \24\ See id.
---------------------------------------------------------------------------

    The Exchange believes that the ever-shifting market share among the
exchanges from month to month demonstrates that market participants can
move order flow, or discontinue or reduce use of certain categories of
products, in response to fee changes. With respect to non-marketable
orders which provide liquidity on an Exchange, member organizations can
choose from any one of the 13 currently operating registered exchanges
to route such order flow. Accordingly, competitive forces constrain
exchange transaction fees that relate to orders that would provide
displayed liquidity on an exchange. Stated otherwise, changes to
exchange transaction fees can have a direct effect on the ability of an
exchange to compete for order flow.
    Given this competitive environment, the proposal represents a
reasonable attempt to attract additional order flow to the Exchange. As
noted, the Exchange's market share of intraday trading (i.e., excluding
auctions) declined from 9.6% for the month of May 2019 to 9.2% for the
month of June 2019.\25\
---------------------------------------------------------------------------

    \25\ See id.
---------------------------------------------------------------------------

    Specifically, the Exchange believes that the proposed revision to
the adding average daily share requirement in order to qualify for the
Tier 3 Adding Credit is reasonable because it would make it easier for
member organizations to qualify for the credit, thereby encouraging the
submission of additional liquidity to a national securities exchange.
Submission of additional liquidity to the Exchange would promote price
discovery and transparency and enhance order execution opportunities
for member organizations from the substantial amounts of liquidity
present on the Exchange. All member organizations would benefit from
the greater amounts of liquidity that will be present on the Exchange,
which would provide greater execution opportunities.
    The Exchange believes the proposed Step Up Tier would provide an
incentive for member organizations to route additional liquidity-
providing orders to the Exchange in Tape A securities. As noted above,
the Exchange operates in a highly competitive environment, particularly
for attracting non-marketable order flow that provides liquidity on an
exchange. The Exchange believes it is reasonable to provide a higher
credit for orders that provide additional liquidity. Similarly, the
Exchange believes that it is reasonable to provide an incremental
credit to member organizations that meet the requirements of the Step
Up Tier that add additional liquidity in UTP securities on Pillar.
    Since the proposed Step Up Tier would be new with a requirement for
increased Adding ADV over the baseline month, no member organization
currently qualifies for the proposed pricing tier. As previously noted,
there are a number of member organizations that could qualify for the
proposed higher credit but without a view of member organization
activity on other exchanges and off-exchange venues, the Exchange has
no way of knowing whether the proposed rule change would result in any
member organization qualifying for the tier. The Exchange believes the
proposed higher credit is reasonable as it would provide an additional
incentive for member organizations to direct their order flow to the
Exchange and provide meaningful added levels of liquidity in order to
qualify for the higher credit, thereby

contributing to depth and market quality on the Exchange.
The Proposal is an Equitable Allocation of Fees
    The Exchange believes its proposal equitably allocates its fees
among its market participants.
    First, the Exchange is not proposing to adjust the amount of the
Tier 3 Adding Credit, which will remain at the current level for all
market participants. Rather, the proposal would continue to encourage
member organizations to send MPL Orders that add liquidity to the
Exchange, thereby contributing to robust levels of liquidity, which
benefits all market participants. The Exchange believes that, for the
reasons discussed above, lowering the adding ADV in MPL Orders
requirement would make it easier for liquidity providers to qualify for
the Tier 3 Adding Credit, thereby encouraging submission of additional
liquidity to the Exchange. The proposed change will thereby encourage
the submission of additional liquidity to a national securities
exchange, thus promoting price discovery and transparency and enhancing
order execution opportunities for member organizations from the
substantial amounts of liquidity present on the Exchange. All member
organizations would benefit from the greater amounts of liquidity that
will be present on the Exchange, which would provide greater execution
opportunities.
    The Exchange notes that there are currently 5 firms qualifying for
Tier 3 Adding Credit and that, based on current participation on the
Exchange, no additional firms would initially qualify with the lower
requirements. Without having a view of a member organization's activity
on other exchanges and off-exchange venues, the Exchange believes the
proposed lower of the adding ADV in MPL Orders requirement would
provide an incentive for market participants to increase liquidity to
meet the new lower requirement and submit additional adding liquidity
to the Exchange. In addition, based on the profile of liquidity-
providing firms generally, the Exchange believes that 6 firms could
qualify for these tiers if they choose to direct order flow to, and
increase quoting on, the Exchange.
    Finally, the Exchange believes that the proposed Step Up Tier is
equitable because the magnitude of the additional credit is not
unreasonably high relative to the other adding tier credits, which
noted above range from $0.0015 to $0.0022, in comparison to the credits
paid by other exchanges for orders that provide additional step up
liquidity.\26\ The Exchange believes the proposed rule change would
improve market quality for all market participants on the Exchange and,
as a consequence, attract more liquidity to the Exchange, thereby
improving market-wide quality and price discovery.
---------------------------------------------------------------------------

    \26\ See Cboe BZX Fee Schedule, which has adding credits ranging
from $0.0020 to $0.0032, at https://markets.cboe.com/us/equities/membership/fee_schedule/bzx/.
---------------------------------------------------------------------------

    Since the proposed Step Up Tier would be new, no member
organization currently qualifies for it. As noted, there are currently
no member organizations that could qualify for the proposed higher
credit, but without a view of member organization activity on other
exchanges and off-exchange venues, the Exchange has no way of knowing
whether this proposed rule change would result in any member
organization qualifying for the tier. The Exchange believes the
proposed higher credit is reasonable as it would provide an additional
incentive for member organizations to direct their order flow to the
Exchange and provide meaningful added levels of liquidity in order to
qualify for the higher credit, thereby contributing to depth and market
quality on the Exchange.
    The proposal neither targets nor will it have a disparate impact on
any particular category of market participant. Member organizations
that add liquidity to the Exchange that equals at least 0.35% of NYSE
CADV, trade against such member organization's MOC and LOC orders equal
to at least 0.05% of NYSE CADV, and that have Adding ADV in MPL orders
is at least 200,000 shares would be eligible for the Tier 3 Adding
Credit by satisfying the lowered threshold, and because the lower
threshold would apply equally to all similarly situated member
organizations. Similarly, member organizations that currently qualify
for adding liquidity credits will continue to receive credits when they
provide liquidity to the Exchange.
    With the proposed new Step Up Tier, all member organizations would
be eligible to qualify for the higher credit if they increase their
Adding ADV over their own baseline of order flow. The Exchange believes
that offering a higher step up credit for providing liquidity if the
step up requirements for Tape A securities are met, will continue to
attract order flow and liquidity to the Exchange, thereby providing
additional price improvement opportunities on the Exchange and
benefiting investors generally. As to those market participants that do
not presently qualify for the adding liquidity credits, the proposal
will not adversely impact their existing pricing or their ability to
qualify for other credits provided by the Exchange.
The Proposal Is Not Unfairly Discriminatory
    The Exchange believes that the proposal is not unfairly
discriminatory. In the prevailing competitive environment, member
organizations are free to disfavor the Exchange's pricing if they
believe that alternatives offer them better value.
    The proposal to lower the adding ADV in MPL Orders requirement also
neither targets nor will it have a disparate impact on any particular
category of market participant. The proposal does not permit unfair
discrimination because the lower threshold would be applied to all
similarly situated member organizations and other market participants,
who would all be eligible for the same credit on an equal basis.
Accordingly, no member organization already operating on the Exchange
would be disadvantaged by this allocation of fees.
    The Exchange believes it is not unfairly discriminatory to provide
a higher per share step up credit, as the proposed credit would be
provided on an equal basis to all member organizations that add
liquidity by meeting the new proposed Step Up Tier's requirements. For
the same reason, the Exchange believes it is not unfairly
discriminatory to provide an additional incremental credit to member
organizations that satisfy the Step Up Tier requirements and add
liquidity in UTP securities. Further, the Exchange believes the
proposed Step Up Tier credit would incentivize member organizations
that meet the current tiered requirements to send more orders to the
Exchange to qualify for higher credits. The Exchange also believes that
the proposed change is not unfairly discriminatory because it is
reasonably related to the value to the Exchange's market quality
associated with higher volume. Finally, the submission of orders to the
Exchange is optional for member organizations in that they could choose
whether to submit orders to the Exchange and, if they do, the extent of
its activity in this regard.
    Finally, the Exchange believes that it is subject to significant
competitive forces, as described below in the Exchange's statement
regarding the burden on competition.
    For the foregoing reasons, the Exchange believes that the proposal
is consistent with the Act.

B. Self-Regulatory Organization's Statement on Burden on Competition

    In accordance with Section 6(b)(8) of the Act,\27\ the Exchange
believes that the proposed rule change would not impose any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Act. Instead, as discussed above, the Exchange believes
that the proposed changes would encourage the submission of additional
liquidity to a public exchange, thereby promoting market depth, price
discovery and transparency and enhancing order execution opportunities
for member organizations. As a result, the Exchange believes that the
proposed change furthers the Commission's goal in adopting Regulation
NMS of fostering integrated competition among orders, which promotes
``more efficient pricing of individual stocks for all types of orders,
large and small.'' \28\
---------------------------------------------------------------------------

    \27\ 15 U.S.C. 78f(b)(8).
    \28\ Regulation NMS, 70 FR at 37498-99.
---------------------------------------------------------------------------

    Intramarket Competition. The proposed changes are designed to
attract additional order flow to the Exchange. The Exchange believes
that the proposed changes would continue to incentivize market
participants to direct displayed order flow to the Exchange. Greater
liquidity benefits all market participants on the Exchange by providing
more trading opportunities and encourages member organizations to send
orders, thereby contributing to robust levels of liquidity, which
benefits all market participants on the Exchange. The proposed credits
would be available to all similarly-situated market participants, and,
as such, the proposed change would not impose a disparate burden on
competition among market participants on the Exchange.
    Intermarket Competition. The Exchange operates in a highly
competitive market in which market participants can readily choose to
send their orders to other exchange and off-exchange venues if they
deem fee levels at those other venues to be more favorable. The
Exchange notes that for the month of May 2019, the Exchange's market
share of intraday trading (excluding auctions) was 9.6%.\29\ In such an
environment, the Exchange must continually adjust its fees and rebates
to remain competitive with other exchanges and with off-exchange
venues. Because competitors are free to modify their own fees and
credits in response, and because market participants may readily adjust
their order routing practices, the Exchange does not believe its
proposed fee change can impose any burden on intermarket competition.
---------------------------------------------------------------------------

    \29\ See note 9, supra.
---------------------------------------------------------------------------

    The Exchange believes that the proposed change could promote
competition between the Exchange and other execution venues, including
those that currently offer similar order types and comparable
transaction pricing, by encouraging additional orders to be sent to the
Exchange for execution. The Exchange also believes that the proposed
change is designed to provide the public and investors with a Price
List that is clear and consistent, thereby reducing burdens on the
marketplace and facilitating investor protection.

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \30\ of the Act and subparagraph (f)(2) of Rule
19b-4 \31\ thereunder, because it establishes a due, fee, or other
charge imposed by the Exchange.
---------------------------------------------------------------------------

    \30\ 15 U.S.C. 78s(b)(3)(A).
    \31\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \32\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \32\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSE-2019-40 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.

All submissions should refer to File Number SR-NYSE-2019-40. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-NYSE-2019-40 and should be submitted on
or before August 21, 2019.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\33\
---------------------------------------------------------------------------

    \33\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019-16218 Filed 7-30-19; 8:45 am]
 BILLING CODE 8011-01-P


Peer Consultation on Material Characterization for Nanomaterials

September 6-7, 2007

Agenda

First Day

8:30-9:00	Registration

9:00-9:45	EPA Opening Remarks and Background

Meeting Purpose and Objectives

9:45-10:30       Nanoscale Materials Stewardship Program (NMSP) Overview and Status

Summary of EPA’s Concept for the NMSP

Summary of the NPPTAC Overview Document

NMSP Relationship to OPPT TSCA Programs

10:30-10:45     Break

10:45-11:15	Introduction of Material Characterization Needs and Charge for Discussions

11:15-11:45	Public Comment Period on Material Characterization

11:45-1:00      Lunch

1:00-4:30	Discussion Session: Part I

Chemical Identification Elements

(e.g., which ones? for which substances? test methods?)

4:30-5:00        Wrap-up and Prepare for Day Two

Second Day

8:30-12:00	Discussion Session: Part II

Physical-Chemical Property Data

(e.g., which ones? for which substances? test methods?)

12:00-1:00      Lunch

1:00-1:30	Discussion Session Summary: Part I

1:30-2:00	Discussion Session Summary: Part II

2:00-3:00	Public Comments

3:00-3:30	Wrap-Up and Next Steps

3:30-4:00	EPA Closing Remarks


[Federal Register: August 27, 2008 (Volume 73, Number 167)]
[Rules and Regulations]
[Page 50545-50548]
[DOCID:fr27au08-2]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2008-0832]
RIN 1625-AA08

Special Local Regulations for Marine Events; Choptank River,
Cambridge, MD

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard proposes to temporarily change the enforcement
period for special local regulations during the ``Cambridge Offshore
Challenge'', a marine event held annually on the waters of Choptank
River near Cambridge, Maryland. Special local regulations are necessary
to provide for the safety of life on navigable waters during the event.
This action is intended to restrict vessel traffic in portions of the
Choptank River during the event.

DATES: This rule is effective from 11:30 a.m. September 20, 2008 until
5:30 p.m. September 21, 2008.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2008-0832 and are available online
at www.regulations.gov. They are also available for inspection or
copying at two locations: the Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays, and the Fifth
Coast Guard District, 431 Crawford Street, Portsmouth, VA 23704 between
10 a.m. and 2 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call Dennis Sens, Project Manager, Fifth Coast Guard
District, Prevention Division,<PHONE_NUMBER>. If you have questions on
viewing the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because immediate action is needed to
minimize potential danger to the public during the event. The necessary
information regarding the change of date for this annual recurring
marine event was not provided with sufficient time to publish an NPRM.
The potential dangers posed by a high speed power boat race conducted
on the waterway with other vessel traffic makes special local
regulations necessary to provide for the safety of participants,
spectator craft and other vessels transiting the event area. For the
safety concerns noted, it is in the public interest to have these
regulations in effect during the event.

The Coast Guard will issue broadcast notice to mariners to advise
vessel operators of navigational restrictions. On scene Coast Guard and
local law enforcement vessels will also provide actual notice to
mariners.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date would
be contrary to the public interest, since immediate action is needed to
ensure the safety of the event participants, support vessels, spectator
craft and other vessels transiting the event area. However advance
notifications will be made to users of Choptank River via marine
information broadcasts, local notice to mariners, commercial radio
stations and area newspapers.

Background and Purpose

    Annually, the Chesapeake Bay Powerboat Association sponsors the
``Cambridge Offshore Challenge'', on the waters of the Choptank River
at Cambridge, Maryland. The event consists of approximately 100
offshore powerboats conducting high-speed competitive races between the
Route 50 Bridge and Oystershell Point, MD. A fleet of spectator vessels
is anticipated. The regulation at 33 CFR 100.501 is effective annually
for the Cambridge Offshore Challenge marine event. The table to Sec.
100.501, event No. 27 establishes the enforcement date for this marine
event. This regulation proposes to temporarily change the enforcement
date from ``September--4th or last Saturday and Sunday'' to the third
Saturday and Sunday in September, holding the marine event on September
20 and 21, 2008. The Chesapeake Bay Powerboat Association who is the
sponsor for this event intends to hold this event annually; however,
they have changed the date of the event for 2008 so that it is outside
the scope of the existing enforcement period. Due to the need for
vessel control during the power boat races, vessel traffic will be
temporarily restricted to provide for the safety of participants,
spectators and transiting vessels.

Discussion of Rule

    The Coast Guard will temporarily suspend the regulations at 33 CFR
100.501 by changing the date of enforcement in the table to Sec.
100.501 to reflect the event will be conducted in 2008 on the third
Saturday and Sunday in September, September 20 and 21, 2008. This
change is needed to accommodate the sponsor's schedule. The special
local regulations will be enforced from 11:30 a.m. to 5:30 p.m. on
September 20 and 21, 2008, and will restrict general navigation in the
regulated area during the marine event. Except for persons or vessels
authorized by the Coast Guard Patrol Commander, no person or vessel may
enter or remain in the regulated area during the effective period. The
regulated area is needed to control vessel traffic during the event to
enhance the safety of participants and transiting vessels.
    In addition to notice in the Federal Register, the maritime
community will be provided extensive advance notification via the Local
Notice to Mariners, and marine information broadcasts so mariners can
adjust their plans accordingly.

Regulatory Analyses

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

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
    Although this rule prevents traffic from transiting a portion of
the Choptank River during the event, the effect of this regulation will
not be significant due to the limited duration that the regulated area
will be in effect and the extensive advance notifications that will be
made to the maritime community via marine information broadcasts, local
radio stations and area newspapers so mariners can adjust their plans
accordingly. Additionally, the regulated area has been narrowly
tailored to impose the least impact on general navigation yet provide
the level of safety deemed necessary. Vessel traffic will be able to
transit the regulated area when the Coast Guard Patrol Commander deems
it is safe to do so.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities. This rule will affect the following entities, some of which
may be small entities: The owners or operators of vessels intending to
transit or anchor in a portion of the Choptank River during the event.
    This rule will not have a significant economic impact on a
substantial number of small entities for the following reasons. This
rule will be in effect for only a 6-hour period. Vessel traffic will be
able to transit the regulated area when the Coast Guard Patrol
Commander deems it is safe to do so. Before the enforcement period, we
will issue maritime advisories so mariners can adjust their plans
accordingly.

Assistance for Small Entities

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

Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have

determined that it does not have implications for federalism.

Unfunded Mandates Reform Act

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

Taking of Private Property

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

Civil Justice Reform

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

Protection of Children

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

Indian Tribal Governments

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

Energy Effects

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

Technical Standards

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

Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 5100.1 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
under the Instruction that there are no factors in this case that would
limit the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (34)(h), of the Instruction, from further
environmental documentation. We have made a determination under the
Instruction that this action is not likely to have a significant effect
on the human environment.
    Under figure 2-1, paragraph (34)(h), of the Instruction, an
environmental analysis checklist and a categorical exclusion
determination are not required for this rule.

List of Subjects in 33 CFR Part 100

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

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

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

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

    Authority: 33 U.S.C. 1233.

0
2. In Sec.  100.501 revise line No. 27 in Table to Sec.  100.501 to
read as follows:

Sec.  100.501-T05-0832  Special Local Regulations; Marine Events in the
Fifth Coast Guard District.

* * * * *

                                     Coast Guard Sector Baltimore--COTP Zone
----------------------------------------------------------------------------------------------------------------
        No.                  Date                  Event                Sponsor                 Location
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
27.................  September 20 and 21,  Cambridge Offshore    Chesapeake Bay        All waters of the
                      2008.                 Challenge.            Powerboat             Choptank River, from
                                                                  Association.          shoreline to shoreline,
                                                                                bounded to the west by
                                                                                the Route 50 Bridge and
                                                                                bounded to the east by a
                                                                                line drawn along
                                                                                longitude 076[deg] W,
                                                                                between Goose Point, MD
                                                                                and Oystershell Point,
                                                                                MD.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

    Dated: August 18, 2008.
Fred M. Rosa, Jr.,
Rear Admiral, U.S. Coast Guard Commander, Fifth Coast Guard District.
[FR Doc. E8-19894 Filed 8-26-08; 8:45 am]

BILLING CODE 4910-15-P


[Federal Register Volume 87, Number 127 (Tuesday, July 5, 2022)]
[Notices]
[Page 39818]
[FR Doc No: 2022-14168]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER22-2191-000]

EDPR CA Solar Park II LLC; Supplemental Notice That Initial
Market-Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
EDPR CA Solar Park II LLC's application for market-based rate
authority, with an accompanying rate tariff, noting that such
application includes a request for blanket authorization, under 18 CFR
part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is July 17, 2022.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically may mail similar pleadings to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://www.ferc.gov) using
the ``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at [email protected] or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.

    Dated: June 28, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-14168 Filed 7-1-22; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 76 (Thursday, April 20, 2023)]
[Notices]
[Page 24462]
[FR Doc No: 2023-08325]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Availability for the Written Re-Evaluation of the Final
Programmatic Environmental Assessment and Mitigated Finding of No
Significant Impact and Record of Decision for the SpaceX Starship/Super
Heavy Launch Vehicle Program at the SpaceX Boca Chica Launch Site in
Cameron County, Texas Regarding Vehicle Ocean Landings and Launch Pad
Detonation Suppression System Water

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Notice of availability.

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

SUMMARY: In accordance with the National Environmental Policy Act of
1969, as amended, Council on Environmental Quality NEPA-implementing
regulations, and FAA Order 1050.1F, Environmental Impacts: Policies and
Procedures, the FAA is announcing the availability of the Written Re-
Evaluation for the Final Programmatic Environmental Assessment and
Mitigated Finding of No Significant Impact and Record of Decision for
the SpaceX Starship/Super Heavy Launch Vehicle Program regarding
Vehicle Ocean Landings and Launch Pad Detonation Suppression System
Water at the SpaceX Boca Chica Launch Site in Cameron County, Texas.

FOR FURTHER INFORMATION CONTACT: Amy Hanson, FAA Environmental
Specialist, Federal Aviation Administration, 800 Independence Ave. SW,
Suite 325, Washington, DC 20591; phone<PHONE_NUMBER>; email
[email protected].

SUPPLEMENTARY INFORMATION: The Written Re-Evaluation evaluated whether
supplemental environmental analysis was needed to support the FAA
Office of Commercial Space Transportation decision to issue a vehicle
operator license to SpaceX for the operation of the Starship/Super
Heavy launch vehicle at its existing Boca Chica Launch Site in Cameron
County, Texas. The affected environment and environmental impacts of
Starship/Super Heavy operations at the Boca Chica Launch Site were
analyzed in the 2022 Final Programmatic Environmental Assessment for
the SpaceX Starship/Super Heavy Launch Vehicle Program at the SpaceX
Boca Chica Launch Site in Cameron County, Texas (2022 PEA). The FAA
issued a Mitigated Finding of No Significant Impact and Record of
Decision based on the 2022 Programmatic Environmental Assessment on
June 13, 2022.
    The FAA prepared the 2022 Programmatic Environmental Assessment to
analyze the potential environmental impacts of constructing launch-
related infrastructure and operating the Starship/Super Heavy launch
vehicle at the Boca Chica Launch Site. SpaceX's proposed operations
include launches originating from this site, as well as landings at
this site, in the Gulf of Mexico, or in the Pacific Ocean off the coast
of Hawaii. SpaceX has applied to the FAA for a license to conduct these
operations with its Starship/Super Heavy launch vehicle. Prior to
submitting a vehicle operator license application to the FAA, SpaceX
provided the FAA with a launch profile of proposed launch operations,
which was analyzed in the 2022 Programmatic Environmental Assessment.
    Since the 2022 Programmatic Environmental Assessment, SpaceX
provided the FAA with additional information regarding Starship's
planned landing, Super Heavy's planned soft water landing, and the
Launch Pad Detonation Suppression System. The FAA completed a Written
Re-Evaluation for the Final Programmatic Environmental Assessment and
Mitigated Finding of No Significant Impact and Record of Decision for
the SpaceX Starship/Super Heavy Launch Vehicle Program regarding
Vehicle Ocean Landings and the Launch Pad Detonation Suppression System
at the SpaceX Boca Chica Launch Site in Cameron County, Texas. The
final Written Re-Evaluation is available at: www.faa.gov/space/stakeholder_engagement/spacex_starship.
    Based on the analysis within the Written Re-Evaluation, the FAA
concluded that the issuance of a vehicle operator license for Starship/
Super Heavy operations conforms to the prior environmental
documentation, that the data contained in the 2022 Programmatic
Environmental Assessment remains substantially valid, that there are no
significant environmental changes, and all pertinent conditions and
requirements of the prior approval have been met or will be met in the
current action. Therefore, the preparation of a supplemental or new
environmental document is not necessary to support the Proposed Action.

    Issued in Washington, DC, on: April 14th, 2023.
Stacey Molinich Zee,
Manager, Operations Support Branch, Office of Commercial Space
Transportation.
[FR Doc. 2023-08325 Filed 4-19-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: February 19, 2010 (Volume 75, Number 33)]
[Notices]
[Page 7477-7479]
[DOCID:fr19fe10-71]

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

ENVIRONMENTAL PROTECTION AGENCY

[FRL-9113-7; Docket ID No. EPA-HQ-ORD-2010-0123]

Draft Toxicological Review of Inorganic Arsenic: In Support of
the Summary Information on the Integrated Risk Information System
(IRIS)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of public comment period.

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

SUMMARY: EPA is announcing a 60-day public comment period for the 2010
draft document titled, ``Toxicological Review of Inorganic Arsenic: In
Support of the Summary Information on the Integrated Risk Information
System (IRIS)'' (EPA/635/R-10/001). The draft document was prepared by
the National Center for Environmental Assessment (NCEA) within the
EPA's Office of Research and Development (ORD). The Toxicological
Review of Inorganic Arsenic was submitted to the EPA's Science Advisory
Board (SAB) for external peer review in 2005. The SAB completed its
review and submitted its final report to the EPA Administrator in June
2007 (see EPA-SAB-07-008 at www.epa.gov/sab). EPA revised the
Toxicological Review in response to the SAB comments. A detailed
account of the SAB (2007) recommendations and EPA's response is
provided in Appendix A of the 2010 draft Toxicological Review of
Inorganic Arsenic.
    EPA has now submitted the 2010 draft Toxicological Review to the
SAB for a focused peer review of EPA's responses to key SAB (2007)
recommendations. EPA is also seeking a focused review by the public on
EPA's interpretation and implementation of key SAB (2007) external peer
review recommendations. The public comment period and SAB review are
separate processes that provide opportunities for all interested
parties to comment on the document. SAB's peer review meeting will be
announced in a separate Federal Register notice. EPA intends to forward
the public comments that are submitted in accordance with this notice
to the SAB peer review panel prior to the meeting for their
consideration. However, because of the timing of the SAB's peer review
meeting, EPA can

only guarantee that those comments submitted by March 26, 2010, in
response to this Federal Register notice will be provided to the SAB
panel prior to the SAB meeting. Comments received after March 26 will
still be provided to the SAB panel and will inform the Agency's
revision of the draft assessment, but EPA cannot guarantee that the
panel will have them prior to the peer review meeting. In addition, EPA
cannot grant any requests for an extension of the comment period
because of the scheduled SAB peer review meeting. When finalizing the
Toxicological Review of Inorganic Arsenic, EPA intends to consider any
public comments that EPA receives in accordance with this notice.
    EPA is releasing this draft document solely for the purpose of pre-
dissemination peer review under applicable information quality
guidelines. This document has not been formally disseminated by EPA. It
does not represent and should not be construed to represent any Agency
policy or determination.

DATES: The public comment period begins February 19, 2010, and ends
April 20, 2010. Comments should be in writing and must be received by
EPA by April 20, 2010.
    EPA can only guarantee that those comments submitted by March 26,
2010, in response to this Federal Register notice will be provided to
the SAB panel prior to the SAB meeting. Comments received after March
26 will still be provided to the SAB panel and will inform the Agency's
revision of the draft assessment, but EPA cannot guarantee that the
panel will have them prior to the peer review meeting.

ADDRESSES: The draft ``Toxicological Review of Inorganic Arsenic: In
Support of the Summary Information on the Integrated Risk Information
System (IRIS)'' is available primarily via the Internet on the NCEA
home page under the Recent Additions and Publications menus at http://
www.epa.gov/ncea. A limited number of paper copies are available from
the Information Management Team (Address: Information Management Team,
National Center for Environmental Assessment (Mail Code: 8601P), U.S.
Environmental Protection Agency, 1200 Pennsylvania Avenue, NW.,
Washington, DC 20460; telephone:<PHONE_NUMBER>; facsimile: 703-347-
8691). If you are requesting a paper copy, please provide your name,
mailing address, and the document title.
    Comments may be submitted electronically via http://
www.regulations.gov, by e-mail, by mail, by facsimile, or by hand
delivery/courier. Please follow the detailed instructions provided in
the SUPPLEMENTARY INFORMATION section of this notice.

FOR FURTHER INFORMATION CONTACT: For information on submitting comments
to the docket, please contact the Office of Environmental Information
(OEI) Docket (Mail Code: 2822T), U.S. Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone: 202-566-
1752; facsimile:<PHONE_NUMBER>; or e-mail<EMAIL_ADDRESS>    If you have questions about the document, please contact Reeder
Sams, National Center for Environmental Assessment (NCEA), U.S. EPA,
109 T.W. Alexander Drive, B243-01, Durham, NC 27711; telephone: 919-
541-0661; facsimile:<PHONE_NUMBER>; or e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Information About IRIS

    IRIS is a human health assessment program that evaluates
quantitative and qualitative risk information on effects that may
result from exposure to specific chemical substances found in the
environment. Through the IRIS Program, EPA provides the highest quality
science-based human health assessments to support the Agency's
regulatory activities. The IRIS database contains information for more
than 540 chemical substances that can be used to support the first two
steps (hazard identification and dose-response evaluation) of the risk
assessment process. When supported by available data, IRIS provides
oral reference doses (RfDs) and inhalation reference concentrations
(RfCs) for chronic noncancer health effects, and oral slope factors and
inhalation unit risks for carcinogenic effects. Combined with specific
exposure information, government and private entities use IRIS to help
characterize public health risks of chemical substances in a site-
specific situation and thereby support risk management decisions
designed to protect public health.

II. How To Submit Comments to the Docket at http://www.regulations.gov

    Submit your comments, identified by Docket ID No. EPA-HQ-ORD-2010-
0123, by one of the following methods:

     http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>     Facsimile:<PHONE_NUMBER>.
     Mail: Office of Environmental Information (OEI) Docket
(Mail Code: 2822T), U.S. Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460. The telephone number is
202-566-1752. If you provide comments by mail, please submit one
unbound original with pages numbered consecutively, and three copies of
the comments. For attachments, provide an index, number pages
consecutively with the comments, and submit an unbound original and
three copies.
     Hand Delivery: The OEI Docket is located in the EPA
Headquarters Docket Center, EPA West Building, Room 3334, 1301
Constitution Ave., NW., Washington, DC. The EPA Docket Center's Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>. Deliveries are only accepted during the
docket's normal hours of operation, and special arrangements should be
made for deliveries of boxed information. If you provide comments by
hand delivery, please submit one unbound original with pages numbered
consecutively, and three copies of the comments. For attachments,
provide an index, number pages consecutively with the comments, and
submit an unbound original and three copies.
    EPA recommends that you include your name and other contact
information in the body of your comment and with any disk or CD-ROM you
submit. If EPA cannot read your comment and cannot contact you for
clarification, EPA may not be able to consider your comment.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-ORD-
2010-0123. Please ensure that your comments are submitted within the
specified comment period. Comments received after the closing date will
be marked ``late,'' and may only be considered if time permits. It is
EPA's policy to include all comments it receives in the public docket
without change and to make the comments available online at http://
www.regulations.gov, including any personal information provided,
unless a 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 http://www.regulations.gov or e-
mail. The http://www.regulations.gov Web site is an ``anonymous
access'' system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an e-mail comment directly to EPA without going through http://

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, EPA recommends that you include your name and other contact
information in the body of your comment and with any disk or CD-ROM you
submit. If EPA cannot read your comment due to technical difficulties
and cannot contact you for clarification, EPA may not be able to
consider your comment. Electronic files should avoid the use of special
characters and any form of encryption and be free of any defects or
viruses. For additional information about EPA's public docket visit the
EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the http://
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the OEI Docket in the
EPA Headquarters Docket Center.

    Dated: February 12, 2010.
Rebecca Clark,
Director, National Center for Environmental Assessment.
[FR Doc. 2010-3240 Filed 2-18-10; 8:45 am]
BILLING CODE 6560-50-P