[Federal Register Volume 79, Number 158 (Friday, August 15, 2014)]
[Proposed Rules]
[Pages 48107-48110]
[FR Doc No: 2014-19374]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0568; Directorate Identifier 2014-NM-075-AD]
RIN 2120-AA64

Airworthiness Directives; ATR-GIE Avions de Transport
R[eacute]gional

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain ATR-GIE Avions de Transport R[eacute]gional Model ATR42 and
ATR72 airplanes. This proposed AD was prompted by reports of fuel
quantity indication malfunctions caused by fuel probe failure. This
proposed AD would require identifying the part number and serial number
of the fuel probes and replacing if necessary. We are proposing this AD
to prevent fuel probe failure, which could lead to undetected fuel
starvation and consequent dual engine in-flight flame-out.

DATES: We must receive comments on this proposed AD by September 29,
2014.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room

W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
ATR-GIE Avions de Transport R[eacute]gional, 1, All[eacute]e Pierre
Nadot, 31712 Blagnac Cedex, France; telephone +33 (0) 5 62 21 62 21;
fax +33 (0) 5 62 21 67 18; email<EMAIL_ADDRESS>
Internet http://www.aerochain.com. You may view this referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0568; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this proposed AD, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Operations office (telephone<PHONE_NUMBER>) is in the ADDRESSES section.
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2014-0568;
Directorate Identifier 2014-NM-075-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Airworthiness Directive 2014-0075R1, dated April 24, 2014 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for certain ATR-GIE
Avions de Transport R[eacute]gional Model ATR42-200, -300, -320, and -
500 airplanes; and ATR72-101, -201, -102, -202, -211, -212, and -212A
airplanes. The MCAI states:

    A significant number of fuel probes installed on ATR aeroplanes
failed during production tests and several occurrences of fuel
quantity indication malfunctions were recently reported on in-
service aeroplanes.
    The subsequent investigation, conducted on the failed parts,
confirmed a loss of ground connection on the terminal block of the
fuel probe, due to an incorrect application of wiring instructions
in production during fuel probe manufacturing between June 2011 and
August 2013. The investigation identified a batch of parts,
suspected to be affected by this manufacturing defect. Some of these
probes were delivered as spares, and operators may have installed
these probes on their in-service aeroplanes.
    In case an affected fuel probe is installed on each wing of an
aeroplane, being not equipped with an independent fuel low level
measurement system or an aeroplane operated in accordance with ETOPS
[extended range twin operations] rules, the defected fuel probes
could indicate a higher fuel quantity value than the real quantity
of the on-board fuel.
    This condition, if not detected and corrected, could lead to an
undetected fuel starvation and consequent dual engine in-flight
flame out.
    For the reasons described above, this [EASA] AD requires the
identification and replacement of the affected fuel probes.

    This [EASA] AD is revised to correct typographical errors.
    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0568.

Relevant Service Information

    Zodiac Aerospace Services Europe has issued Service Bulletin
766983-28-002, dated October 15, 2013. The actions described in this
service information are intended to correct the unsafe condition
identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

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

``Contacting the Manufacturer'' Paragraph in This Proposed AD

    Since late 2006, we have included a standard paragraph titled
``Airworthy Product'' in all MCAI ADs in which the FAA develops an AD
based on a foreign authority's AD.
    The MCAI or referenced service information in an FAA AD often
directs the owner/operator to contact the manufacturer for corrective
actions, such as a repair. Briefly, the Airworthy Product paragraph
allowed owners/operators to use corrective actions provided by the
manufacturer if those actions were FAA-approved. In addition, the
paragraph stated that any actions approved by the State of Design
Authority (or its delegated agent) are considered to be FAA-approved.
    In an NPRM having Directorate Identifier 2012-NM-101-AD (78 FR
78285, December 26, 2013), we proposed to prevent the use of repairs
that were not specifically developed to correct the unsafe condition,
by requiring that the repair approval provided by the State of Design
Authority or its delegated agent specifically refer to the FAA AD. This
change was intended to clarify the method of compliance and to provide
operators with better visibility of repairs that are specifically
developed and approved to correct the unsafe condition. In addition, we
proposed to change the phrase ``its delegated agent'' to include a
design approval holder (DAH) with State of Design Authority design
organization approval (DOA), as applicable, to refer to a DAH
authorized to approve required repairs for the proposed AD.
    One commenter to the NPRM having Directorate Identifier 2012-NM-
101-AD (78 FR 78285, December 26, 2013) stated the following: ``The
proposed wording, being specific to repairs, eliminates the
interpretation that Airbus messages are acceptable for approving minor
deviations (corrective actions) needed

during accomplishment of an AD mandated Airbus service bulletin.''
    This comment has made the FAA aware that some operators have
misunderstood or misinterpreted the Airworthy Product paragraph to
allow the owner/operator to use messages provided by the manufacturer
as approval of deviations during the accomplishment of an AD-mandated
action. The Airworthy Product paragraph does not approve messages or
other information provided by the manufacturer for deviations to the
requirements of the AD-mandated actions. The Airworthy Product
paragraph only addresses the requirement to contact the manufacturer
for corrective actions for the identified unsafe condition and does not
cover deviations from other AD requirements. However, deviations to AD-
required actions are addressed in 14 CFR 39.17, and anyone may request
the approval for an alternative method of compliance to the AD-required
actions using the procedures found in 14 CFR 39.19.
    To address this misunderstanding and misinterpretation of the
Airworthy Product paragraph, we have changed the paragraph and retitled
it ``Contacting the Manufacturer.'' This paragraph now clarifies that
for any requirement in this proposed AD to obtain corrective actions
from a manufacturer, the actions must be accomplished using a method
approved by the FAA, the European Aviation Safety Agency (EASA), or
ATR-GIE Avions de Transport R[eacute]gional's EASA DOA.
    The Contacting the Manufacturer paragraph also clarifies that, if
approved by the DOA, the approval must include the DOA-authorized
signature. The DOA signature indicates that the data and information
contained in the document are EASA-approved, which is also FAA-
approved. Messages and other information provided by the manufacturer
that do not contain the DOA-authorized signature approval are not EASA-
approved, unless EASA directly approves the manufacturer's message or
other information.
    This clarification does not remove flexibility previously afforded
by the Airworthy Product paragraph. Consistent with long-standing FAA
policy, such flexibility was never intended for required actions. This
is also consistent with the recommendation of the Airworthiness
Directive Implementation Aviation Rulemaking Committee to increase
flexibility in complying with ADs by identifying those actions in
manufacturers' service instructions that are ``Required for
Compliance'' with ADs. We continue to work with manufacturers to
implement this recommendation. But once we determine that an action is
required, any deviation from the requirement must be approved as an
alternative method of compliance.
    We also have decided not to include a generic reference to either
the ``delegated agent'' or ``design approval holder (DAH) with State of
Design Authority design organization approval,'' but instead we have
provided the specific delegation approval granted by the State of
Design Authority for the DAH throughout this proposed AD.

Costs of Compliance

    We estimate that this proposed AD affects 81 airplanes of U.S.
registry.
    We also estimate that it would take about 2 work-hours per product
to comply with the basic requirements of this proposed AD. The average
labor rate is $85 per work-hour. Required parts would cost about $0 per
product. Based on these figures, we estimate the cost of this proposed
AD on U.S. operators to be $13,770, or $170 per product.
    According to the manufacturer, some of the costs of this proposed
AD may be covered under warranty, thereby reducing the cost impact on
affected individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all costs in our cost
estimate.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

ATR--GIE Avions de Transport R[eacute]gional: Docket No. FAA-2014-
0568; Directorate Identifier 2014-NM-075-AD.

(a) Comments Due Date

    We must receive comments by September 29, 2014.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the airplanes identified in paragraphs
(c)(1), (c)(2), and (c)(3) of this AD.
    (1) ATR--GIE Avions de Transport R[eacute]gional Model ATR42-
200, -300, -320, and -500 airplanes; and Model ATR72-101, -201, -
102, -202, -211, -212, and -212A airplanes; certificated in any
category; all manufacturer serial numbers qualified for extended
range twin operations (ETOPS) with ATR Modification 04711.
    (2) ATR--GIE Avions de Transport R[eacute]gional Model ATR42-
200, -300, -320, and -500 airplanes; certificated in any category;
except as specified in paragraph (c)(2)(i) or (c)(2)(ii) of this AD.
    (i) Airplanes modified with ATR Modification 04650.

    (ii) Airplanes retrofitted as specified in ATR Service Bulletin
ATR42-28-0033 or ATR42-28-0034, as applicable.
    (3) ATR--GIE Avions de Transport R[eacute]gional Model ATR72-
101, -201, -102, -202, -211, -212, and -212A airplanes; certificated
in any category; all manufacturer serial numbers; except as
specified in paragraph (c)(3)(i) or (c)(3)(ii) of this AD.
    (i) Airplanes modified with ATR Modification 04686.
    (ii) Airplanes retrofitted as specified in ATR Service Bulletin
ATR72-28-1013, ATR72-28-1022, or ATR72-28-1023, as applicable.

(d) Subject

    Air Transport Association (ATA) of America Code 28, Fuel.

(e) Reason

    This AD was prompted by reports of fuel quantity indication
malfunctions caused by fuel probe failure. We are issuing this AD to
detect and correct affected fuel probes, which could lead to
undetected fuel starvation and consequent dual engine in-flight
flame-out.

(f) Compliance

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

(g) Part Number (P/N) and Serial Number (S/N) Inspection

    Within 5,000 flight hours or 24 months, whichever occurs first
after the effective date of this AD: Inspect to determine if any
fuel probe has any P/N and S/N identified in table 1 to paragraph
(g) of this AD. A review of airplane maintenance records is
acceptable in lieu of this inspection if the part number and serial
number of the part can be conclusively determined from that review.

        Table 1 to Paragraph (g) of This AD--Affected Fuel Probes
------------------------------------------------------------------------
        Airplane model             Part number         Serial number
------------------------------------------------------------------------
ATR 42........................  766-046-2........  1046 through 1083
                                                    inclusive.
ATR 42........................  766-047-2........  1154 through 1214
                                                    inclusive.
ATR 42........................  766-048-2........  1150 through 1197
                                                    inclusive.
ATR 42........................  768-055..........  1156 through 1227
                                                    inclusive.
ATR 42........................  798-038..........  1150 through 1238
                                                    inclusive.
ATR 72........................  766-793-1........  1469 through 1826
                                                    inclusive.
ATR 72........................  766-795-2........  1661 through 2093
                                                    inclusive.
ATR 72........................  766-796-2........  1722 through 2152
                                                    inclusive.
ATR 72........................  766-797-2........  1663 through 2051
                                                    inclusive.
ATR 72........................  766-983-1........  2200 through 2652
                                                    inclusive.
ATR 72........................  768-100..........  1511 through 1876
                                                    inclusive.
------------------------------------------------------------------------

(h) Replacement

    If any fuel probe that has any part number and serial number
specified in table 1 to paragraph (g) of this AD is found: Within
5,000 flight hours or 24 months, whichever occurs first after the
effective date of this AD, replace the fuel probe with a serviceable
fuel probe, using a method approved by the Manager, International
Branch, ANM-116, Transport Airplane Directorate, FAA, or the
European Aviation Safety Agency (EASA); or ATR-GIE Avions de
Transport R[eacute]gional's EASA Design Organization Approval (DOA).
If approved by the DOA, the approval must include the DOA-authorized
signature.

    Note 1 to paragraph (h) of this AD:  Guidance on accomplishing
the replacement can be found in ATR-42 Aircraft Maintenance Manual
Job Instruction Card 28-42-72, RAI 10000-001, and ATR-72 Aircraft
Maintenance Manual Job Instruction Card 28-42-72, RAI 10000-002.

(i) Definition of Serviceable Fuel Probe

    For the purposes of this AD, the definition of a serviceable
fuel probe is specified in paragraph (i)(1) or (i)(2) of this AD.
    (1) The fuel probe is not listed in table 1 to paragraph (g) of
this AD.
    (2) The fuel probe is listed in table 1 to paragraph (g) of this
AD, but has control tag ``C'' marked on the part identification
plate, as specified in Zodiac Aerospace Services Europe Service
Bulletin 766983-28-002, dated October 15, 2013.

(j) Parts Installation Limitations

    As of the effective date of this AD, no person may install, on
any airplane, a fuel probe having any part number and serial number
identified in table 1 to paragraph (g) of this AD, unless control
tag ``C'' is marked on the part identification plate, as specified
in Zodiac Aerospace Services Europe Service Bulletin 766983-28-002,
dated October 15, 2013.

(k) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Branch, send it to ATTN: Tom
Rodriguez, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton,
WA 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
Information may be emailed to<EMAIL_ADDRESS>
Before using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
local flight standards district office/certificate holding district
office. The AMOC approval letter must specifically reference this
AD.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, International
Branch, ANM-116, Transport Airplane Directorate, FAA; or EASA; or
ATR-GIE Avions de Transport R[eacute]gional's EASA Design
Organization Approval (DOA). If approved by the DOA, the approval
must include the DOA-authorized signature.

(l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) EASA Airworthiness Directive 2014-0075R1, dated April 24,
2014, for related information. This MCAI may be found in the AD
docket on the Internet at http://www.regulations.gov by searching
for and locating Docket No. FAA-2014-0568.
    (2) For service information identified in this AD, contact ATR-
GIE Avions de Transport R[eacute]gional, 1, All[eacute]e Pierre
Nadot, 31712 Blagnac Cedex, France; telephone +33 (0) 5 62 21 62 21;
fax +33 (0) 5 62 21 67 18; email<EMAIL_ADDRESS>
Internet http://www.aerochain.com. You may view this service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on August 6, 2014.
Victor Wicklund,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2014-19374 Filed 8-14-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 94 (Monday, May 16, 2016)]
[Notices]
[Pages 30372-30373]
[FR Doc No: 2016-11400]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77789; File No. SR-BatsBZX-2016-12]

Self-Regulatory Organizations; Bats BZX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change Related to
Fees

May 10, 2016.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on April 29, 2016, Bats BZX Exchange, Inc. (``Exchange'' or
``BZX'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II
and III below, which Items have been prepared by the Exchange. The
Exchange has designated the proposed rule change as one establishing or
changing a member due, fee, or other charge imposed by the Exchange
under section 19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2)
thereunder,\4\ which renders the proposed rule change effective upon
filing with the Commission. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange filed a proposal to amend the fee schedule applicable
to Members \5\ and non-members of the Exchange pursuant to BZX Rules
15.1(a) and (c).
---------------------------------------------------------------------------

    \5\ The term ``Member'' is defined as ``any registered broker or
dealer that has been admitted to membership in the Exchange.'' See
Exchange Rule 1.5(n).
---------------------------------------------------------------------------

    The text of the proposed rule change is available at the Exchange's
Web site at www.batstrading.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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 Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. 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 the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange maintains a Step-Up Tier that provides Members with an
additional way to qualify for enhanced rebates where they increase
their liquidity each month over a predetermined baseline. The Exchange
currently offers a Step-Up Tier under footnote 2 of its Fee Schedule.
Under the Step-Up Tier, a Member receives a rebate of $0.0030 per share
where: (1) Their Step-Up Add TCV \6\ from August 2015 is equal to or
greater than 0.08%; and (2) their ADAV \7\ as a percentage of TCV \8\
is equal to or greater than 0.35%. The Step-Up Tier is applicable to
fee codes B, V and Y.
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    \6\ As defined in the Exchange's Fee Schedule.
    \7\ Id.
    \8\ Id.
---------------------------------------------------------------------------

    The Exchange proposes to amend footnote 2 to change the Step-Up
Tier to provide a Member a rebate of $0.0030 per share: (1) Where their
Step-Up Add TCV from April 2016 is equal to or greater than 0.15%; and
(2) their ADAV as a percentage of TCV is equal to or greater than
0.20%. Thus, while the Exchange is not proposing to modify the rebate
provided, the Exchange is proposing to reset the starting date for the
baseline measurement from August 2015 to April 2016. The Exchange is
also proposing to increase the Step-Up Add TCV and to reduce the ADAV
required to qualify for the tier.
Implementation Date
    The Exchange proposes to implement these amendments to its Fee
Schedule effective May 2, 2016.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the objectives of section 6 of the Act,\9\ in general, and
furthers the objectives of section 6(b)(4),\10\ in particular, as it is
designed to provide for the equitable allocation of reasonable dues,
fees and other charges among its Members and other persons using its
facilities. The Exchange also notes that it operates in a highly-
competitive market in which market participants can readily direct
order flow to competing venues if they deem fee levels at a particular
venue to be excessive. The proposed rule change reflects a competitive
pricing structure designed to incent market participants to direct
their order flow to the Exchange. The Exchange believes that the
proposed tier is equitable and non-discriminatory in it would apply
uniformly to all Members. The Exchange believes the rates remain
competitive with those charged by other venues and, therefore,
reasonable and equitably allocated to Members.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f.
    \10\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    Volume-based rebates such as that proposed herein have been widely
adopted by exchanges, including the Exchange, and are equitable because
they are open to all Members on an equal basis and provide additional
benefits or discounts that are reasonably related to: (i) The value to
an exchange's market quality; (ii) associated higher levels of market
activity, such as higher levels of liquidity provision and/or growth
patterns; and (iii) introduction of higher volumes of orders into the
price and volume discovery processes. The Exchange believes that the
proposed tier is a reasonable, fair and equitable, and not unfairly
discriminatory allocation of fees and rebates because it will continue
to provide Members with an incentive to reach certain thresholds on the
Exchange.
    In particular, the Exchange believes the modification to the Step-
Up Tier is a reasonable means to encourage Members to increase their
liquidity on the Exchange. The Exchange further believes that the
proposed Step-Up Tier represents an equitable allocation of reasonable
dues, fees, and other charges because the thresholds necessary to
achieve the tier encourages Members to add increased liquidity to the
BATS Book \11\ each month. The increased liquidity benefits all
investors by deepening the Exchange's liquidity pool, offering
additional flexibility for all investors to enjoy cost savings,
supporting the quality of price discovery, promoting market
transparency and improving investor protection. More specifically, the
Exchange believes that increasing the Step-Up Add TCV from equal to or
greater than 0.08% to equal to or greater than 0.15% will incentivize
Members to provide increased volume and therefore increased liquidity.
Additionally, the Exchange believes that by reducing the requirement
for a Member's ADAV as a percentage of TCV from equal to or greater
than 0.35% to equal to or greater than 0.20% the Exchange increases the
number of participants potentially eligible to qualify for the rebate
and thereby incentivizing a greater number

of participants to provide the required liquidity to obtain the rebate.
The increased liquidity benefits all investors by deepening the
Exchange's liquidity pool, offering additional flexibility for all
investors to enjoy cost savings, supporting the quality of price
discovery, promoting market transparency and improving investor
protection.
---------------------------------------------------------------------------

    \11\ See Exchange Rule 1.5(e).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe its proposed amendment to its Fee
Schedule would impose any burden on competition that is not necessary
or appropriate in furtherance of the purposes of the Act. The Exchange
does not believe that the proposed change represents a significant
departure from previous pricing offered by the Exchange or pricing
offered by the Exchange's competitors. Additionally, Members may opt to
disfavor the Exchange's pricing if they believe that alternatives offer
them better value. The Exchange does not believe that the modified tier
would burden competition, but instead, enhances competition, as it is
intended to increase the competitiveness of and draw additional volume
to the Exchange. The Exchange does not believe the amended tier would
burden intramarket competition as it would apply to all Members
uniformly. Accordingly, the Exchange does not believe that the proposed
change will impair the ability of Members or competing venues to
maintain their competitive standing in the financial markets.

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

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from Members or other interested
parties.

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

    The foregoing rule change has become effective pursuant to section
19(b)(3)(A) of the Act \12\ and paragraph (f)(2) of Rule 19b-4
thereunder.\13\ At any time within 60 days of the filing of the
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.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f).
---------------------------------------------------------------------------

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 No. SR-BatsBZX-2016-12 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 No. SR-BatsBZX-2016-12. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File No. SR-BatsBZX-2016-12, and should be
submitted on or before June 6, 2016.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-11400 Filed 5-13-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 75, Number 3 (Wednesday, January 6, 2010)]
[Notices]
[Pages 869-870]
[FR Doc No: X10-50106]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2009-0977; FRL-8806-2]

Maneb; Notice of Receipt of a Request to Voluntarily Cancel
Pesticide Registrations of Certain Products

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: In accordance with section 6(f)(1) of the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA), as amended, EPA is issuing a
notice of receipt of a request by the registrant to voluntarily cancel
their registrations of certain products containing the pesticide maneb.
EPA intends to grant this request at the close of the comment period
for this announcement unless the Agency receives substantive comments
within the comment period that would merit its further review of the
request, or unless the registrant withdraws their request within this
period. Upon acceptance of this request, any sale, distribution, or use
of the products listed in this notice will be permitted only if such
sale, distribution, or use is consistent with the terms as described in
the final order.

DATES: Comments must be received on or before February 5, 2010.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2009-0977, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket Facility's normal hours of operation (8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays).
Special arrangements should be made for deliveries of boxed
information. The Docket Facility telephone number is<PHONE_NUMBER>.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2009-0977. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The regulations.gov website is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through regulations.gov,
your e-mail address will be automatically captured and included as part
of the comment that is placed in the docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the docket index
available at http://www.regulations.gov. Although listed in the index,
some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of
operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal holidays. The Docket Facility telephone
number is<PHONE_NUMBER>.

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

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general, and may be of
interest to a wide range of stakeholders including environmental, human
health, and agricultural advocates; the chemical industry; pesticide
users; and members of the public interested in the sale, distribution,
or use of pesticides. Since others also may be interested, the Agency
has not attempted to describe all the specific entities that may be
affected by this action. If you have any questions regarding the
applicability of this action to a particular entity, consult the person
listed under FOR FURTHER INFORMATION CONTACT.

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

     1.  Submitting CBI. Do not submit this information to EPA through
regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
     ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.

    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
     iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
     viii. Make sure to submit your comments by the comment period
deadline identified.

II. Background on the Receipt of Requests to Cancel Registrations

    This notice announces receipt by EPA of a request from the
registrant Drexel Chemical Company to cancel 4 maneb product
registrations. In a letter dated November 15, 2009 and an electronic
mail message dated December 15, 2009, Drexel Chemical Company requested
EPA to cancel the product registrations of the pesticide products
identified Table 1.

III. What Action is the Agency Taking?

    This notice announces receipt by EPA of a request from a registrant
to cancel maneb product registrations. The affected products and the
registrant making the request are identified in Tables 1 and 2.
    Under section 6(f)(1)(A) of FIFRA, registrants may request, at any
time, that their pesticide registrations be canceled or amended to
terminate one or more pesticide uses. Section 6(f)(1)(B) of FIFRA
requires that before acting on a request for voluntary cancellation,
EPA must provide a 30-day public comment period on the request for
voluntary cancellation or use termination. In addition, section
6(f)(1)(C) of FIFRA requires that EPA provide a 180-day comment period
on a request for voluntary cancellation or termination of any minor
agricultural use before granting the request, unless:
    1. The registrants request a waiver of the comment period, or
    2. The Administrator determines that continued use of the pesticide
would pose an unreasonable adverse effect on the environment.
    The maneb registrant has requested that EPA waive the 180-day
comment period. EPA will provide a 30-day comment period on the
proposed request.
    Unless a request is withdrawn by the registrant within 30 days of
publication of this notice, or if the Agency determines that there are
substantive comments that warrant further review of this request, an
order will be issued canceling the affected registrations.

    Table 1. --Maneb Product Registrations with Pending Requests for
                              Cancellation
------------------------------------------------------------------------
        Registration No.             Product Name        Chemical Name
------------------------------------------------------------------------
019713-00378                      Drexel Manzeb 89 W  Maneb
------------------------------------------------------------------------
019713-00379                      IDA, Inc. Maneb     Maneb
                                   80W
------------------------------------------------------------------------
019713-00380                      Drexel Manzi        Maneb
                                   Flowable
------------------------------------------------------------------------
019713-00381                      IDA Maneb 4L        Maneb
------------------------------------------------------------------------

         Table 2. --Registrant Requesting Voluntary Cancellation
------------------------------------------------------------------------
              EPA Company No.                 Company Name and Address
------------------------------------------------------------------------
019713                                      Drexel Chemical Company,
                                             1700 Channel Avenue, P.O.
                                             Box 13327, Memphis, TN
                                             38113
------------------------------------------------------------------------

IV. What is the Agency's Authority for Taking this Action?

    Section 6(f)(1) of FIFRA provides that a registrant of a pesticide
product may at any time request that any of its pesticide registrations
be canceled or amended to terminate one or more uses. FIFRA further
provides that, before acting on the request, EPA must publish a notice
of receipt of any such request in the Federal Register. Thereafter,
following the public comment period, the Administrator may approve such
a request.

V. Procedures for Withdrawal of Voluntary Cancellation Request

    Registrants who choose to withdraw a request for cancellation must
submit such withdrawal in writing to the person listed under FOR
FURTHER INFORMATION CONTACT, postmarked before February 5, 2010. This
written withdrawal of the request for cancellation will apply only to
the applicable FIFRA section 6(f)(1) request listed in this notice. If
the products(s) have been subject to a previous cancellation action,
the effective date of cancellation and all other provisions of any
earlier cancellation action are controlling.

VI. Provisions for Disposition of Existing Stocks

    Existing stocks are those stocks of registered pesticide products
which are currently in the United States and which were packaged,
labeled, and released for shipment prior to the effective date of the
cancellation action. EPA anticipates allowing sale, distribution and
use in the cancellation order as described in this Unit below:
    1. The registrant may continue to sell or distribute existing
stocks of maneb end-use products until such stocks are exhausted.
    2. Persons other than the registrant may continue to sell or
distribute existing stocks of maneb products identified in Table 1 with
previously approved labeling until such stocks are exhausted.
    3. Persons other than the registrant may use the maneb end use
products identified in Table 1 until exhausted. Any use of existing
stocks must be in a manner consistent with the previously approved
labeling for that product.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: December 30, 2009.
Jeffrey S. Billingslea,
Acting Director, Pesticide Re-evaluation Division, Office of Pesticide
Programs.

[FR Doc. 2010-31396 Filed 1-5-10; 8:45 am]
BILLING CODE 6560-50-S


[Federal Register: October 25, 2005 (Volume 70, Number 205)]
[Notices]
[Page 61671]
[DOCID:fr25oc05-95]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-52632; File No. SR-CHX-2005-21]

Self-Regulatory Organizations; Chicago Stock Exchange, Inc.;
Order Approving Proposed Rule Change and Amendments Nos. 1 and 2
Thereto Requiring the Chicago Stock Exchange's Participants To Provide
Electronic Mail Addresses to the Exchange

October 19, 2005.

Introduction

    On July 18, 2005, the Chicago Stock Exchange, Inc. (``CHX'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act''),\1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to require participants and participant firms to
provide electronic mail addresses to the Exchange for use in
transmitting notices and other communications. On August 30, 2005, the
Exchange filed Amendment No. 1 to the proposed rule change.\3\ On
September 1, 2005, the Exchange filed Amendment No. 2 to the proposed
rule change.\4\ The proposed rule change, as amended, was published in
the Federal Register on September 14, 2005.\5\ No comments were
received on the proposed rule change. This order approves the proposed
rule change, as amended.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Amendment No. 1. In Amendment No. 1, the Exchange made
several modifications to the proposed rule change, including changes
to the proposed rule text to require members to promptly update
electronic mail addresses they provide to the Exchange, to clarify
that the proposal will not supersede or modify any other provisions
of Exchange rules that set out a specific method for the receipt of
information from the Exchange, and to modify the notice to more
closely conform it to the text of the proposed rule change.
    \4\ See Amendment No. 2. In Amendment No. 2, the Exchange
changed the text of the proposed rule so that it uses the term
``electronic mail'' instead of the term ``e-mail.''
    \5\ See Securities Exchange Act Release No. 52375 (September 1,
2005), 70 FR 54424.
---------------------------------------------------------------------------

    New Rule 17 of Article III shall provide that every Exchange
participant and Exchange participant firm shall designate one or more
electronic mail addresses for the purpose of receiving Exchange notices
and communications and shall promptly update those electronic mail
addresses when those addresses change or are no longer valid. New Rule
17 also provides that an authorized representative of the Exchange may
elect to transmit notices or other communications to participants
electronically, but that nothing in Rule 17 will supersede or modify
either the method for service of process or other materials in any
disciplinary proceeding or any other provisions of the Exchange rules
setting out a specific method for the receipt of information from the
Exchange.
    The Commission finds that the proposed rule change, as amended, is
consistent with the Act and the rules and regulations thereunder
applicable to a national securities exchange.\6\ The Commission
believes that the proposed rule change is consistent with Section 6(b)
of the Act,\7\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\8\ in particular, in that it promotes just and
equitable principles of trade, removes impediments to, and perfects the
mechanism of, a free and open market and a national market system, and,
in general, protects investors and the public interest, by allowing the
Exchange to take advantage of technology to communicate with
participants in a more efficient and cost-effective manner.
---------------------------------------------------------------------------

    \6\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact of efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
    \7\ 15 U.S.C. 78(f)(b).
    \8\ 5 U.S.C. 78(f)(b)(5).
---------------------------------------------------------------------------

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\9\ that the proposed rule change (SR-CHX-2005-21), as amended, is
approved.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(2).
    \10\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\10\
Jonathan G. Katz,
Secretary.
 [FR Doc. E5-5880 Filed 10-24-05; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 81, Number 98 (Friday, May 20, 2016)]
[Notices]
[Page 31933]
[FR Doc No: 2016-11906]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2997-031]

South Sutter Water District; Notice of Intent To File License
Application, Filing of Pre-Application Document, Approving Use of the
Traditional Licensing Process

    a. Type of Filing: Notice of Intent to File License Application and
Request to Use the Traditional Licensing Process.
    b. Project No.: 2997-031.
    c. Date Filed: March 14, 2016.
    d. Submitted by: South Sutter Water District.
    e. Name of Project: Camp Far West Hydroelectric Project.
    f. Location: On the Bear River, in Yuba, Nevada, and Placer
Counties, California. No federal lands are occupied by the project
works or located within the project boundary.
    g. Filed Pursuant to: 18 CFR 5.3 of the Commission's regulations.
    h. Potential Applicant Contact: Bradley J. Arnold, General Manager/
Secretary, South Sutter Water District, 2464 Pacific Avenue,
Trowbridge, CA 95659;<PHONE_NUMBER><EMAIL_ADDRESS>    i. FERC Contact: Quinn Emmering at<PHONE_NUMBER>; or email at
<EMAIL_ADDRESS>    j. South Sutter Water District filed its request to use the
Traditional Licensing Process on March 11, 2016. South Sutter Water
District provided public notice of its request on April 14, 2016. In a
letter dated May 13, 2016, the Director of the Division of Hydropower
Licensing approved South Sutter Water District's request to use the
Traditional Licensing Process.
    k. With this notice, we are initiating informal consultation with
the U.S. Fish and Wildlife Service and NOAA Fisheries under section 7
of the Endangered Species Act and the joint agency regulations
thereunder at 50 CFR, part 402; and NOAA Fisheries under section 305(b)
of the Magnuson-Stevens Fishery Conservation and Management Act and
implementing regulations at 50 CFR 600.920. We are also initiating
consultation with the California State Historic Preservation Officer,
as required by section 106, National Historic Preservation Act, and the
implementing regulations of the Advisory Council on Historic
Preservation at 36 CFR 800.2.
    l. With this notice, we are designating South Sutter Water District
as the Commission's non-federal representative for carrying out
informal consultation pursuant to section 7 of the Endangered Species
Act and section 305(b) of the Magnuson-Stevens Fishery Conservation and
Management Act; and consultation pursuant to section 106 of the
National Historic Preservation Act.
    m. South Sutter Water District filed a Pre-Application Document
(PAD; including a proposed process plan and schedule) with the
Commission, pursuant to 18 CFR 5.6 of the Commission's regulations.
    n. A copy of the PAD is available for review at the Commission in
the Public Reference Room or may be viewed on the Commission's Web site
(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. For assistance, contact FERC Online Support at
<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202) 502-
8659 (TTY). A copy is also available for inspection and reproduction at
the address in paragraph h.
    o. The licensee states its unequivocal intent to submit an
application for a new license for Project No. 2997-031. Pursuant to 18
CFR 16.8, 16.9, and 16.10 each application for a new license and any
competing license applications must be filed with the Commission at
least 24 months prior to the expiration of the existing license. All
applications for license for this project must be filed by June 30,
2019.
    p. Register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filing and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.

    Dated: May 13, 2016.
Kimberly D. Bose,
Secretary.
[FR Doc. 2016-11906 Filed 5-19-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 58 (Wednesday, March 26, 2014)]
[Notices]
[Pages 16830-16831]
[FR Doc No: 2014-06696]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2014-0001]

National Advisory Committee on Occupational Safety and Health
(NACOSH)

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Request for nominations to serve on NACOSH.

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

SUMMARY: The Assistant Secretary of Labor for Occupational Safety and
Health requests nominations for membership on NACOSH.

DATES: Nominations for NACOSH must be submitted (postmarked, sent or
received) by May 27, 2014.

ADDRESSES: You may submit nominations for NACOSH, which must include
the docket number for this Federal Register notice (Docket No. OSHA-
2014-0001), by one of the following methods:
    Electronically: You may submit nominations, including attachments,
electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions on-line for submitting
nominations.
    Facsimile: If your nomination, including attachments, does not
exceed 10 pages, you may fax it to the OSHA Docket Office at (202) 693-
1648.
    Mail, express delivery, hand delivery, messenger or courier
service: Submit your nomination to the OSHA Docket Office, Room N-2625,
U.S. Department of Labor, 200 Constitution Avenue NW., Washington DC
20210; telephone<PHONE_NUMBER> (OSHA's TTY number is<PHONE_NUMBER>).
Deliveries (hand, express mail, messenger and courier service) are
accepted during the Department of Labor's and Docket Office's normal
business hours, 8:15 a.m.-4:45 p.m., e.t, weekdays.

FOR FURTHER INFORMATION CONTACT: For press inquiries: Mr. Francis
Meilinger, OSHA, Office of Communications, U.S. Department of Labor,
Room N-3647, 200 Constitution Avenue NW., Washington, DC 20210;
telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>    For general information: Ms. Michelle Walker, OSHA, Directorate of
Technical Support and Emergency Management, Room N-2625, U.S.
Department of Labor, 200 Constitution Avenue NW., Washington DC 20210;
telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Assistant Secretary of Labor for
Occupational Safety and Health invites interested individuals to submit
nominations for membership on NACOSH.
    Section 7(a) of the Occupational Safety and Health Act of 1970 (OSH
Act) (29 U.S.C. 651, 656) authorizes NACOSH to advise the Secretary of
Labor and the Secretary of Health and Human Services (HHS) on matters
relating to the administration of the OSH Act. NACOSH is a continuing
advisory body and operates in accordance with the OSH Act, the Federal
Advisory Committee Act (5 U.S.C. App. 2), and regulations issued
pursuant to those statutes (29 CFR part 1912a, 41 CFR part 102-3).

    NACOSH is comprised of 12 members, all of whom the Secretary of
Labor appoints. The terms of eight NACOSH members terminate on May 21,
2014 and the terms of the other four members expire just a few months
later, on January 22, 2015. Given this, OSHA is accepting nominations
for all 12 positions on NACOSH, which is composed of the following:
     Four public representatives;
     Two management representatives;
     Two labor representatives;
     Two occupational safety professional representatives; and
     Two occupational health professional representatives.
    Pursuant to 29 CFR 1912a.2, the HHS Secretary designates one of the
occupational health professional representative, one occupational
safety professional representative, and two public representatives for
appointment by the Secretary of Labor. OSHA will provide to HHS all
nominations and supporting materials for the membership categories they
designate.
    NACOSH members serve staggered terms, unless the member becomes
unable to serve, resigns, ceases to be qualified to serve, or is
removed by the Secretary of Labor. As such, the Secretary will appoint
six members to a two-year term and six to a three-year term. If a
vacancy occurs before a term expires, the Secretary may appoint a new
member who represents the same interest as the predecessor to serve the
remainder of the unexpired term. The Committee must meet at least two
times a year (29 U.S.C. 656(a)(1)).
    Any interested person or organization may nominate one or more
qualified persons for NACOSH membership. Nominations must include the
nominee's name, occupation or current position, and contact
information. The nomination also must identify the category that the
candidate is qualified to represent, and include a resume of the
nominee's background, experience, and qualifications. In addition, the
nomination must state that the nominee is aware of the nomination and
is willing to serve on and regularly attend NACOSH meetings.
    The Secretary of Labor will appoint NACOSH members on the basis of
their experience and competence in the field of occupational safety and
health (29 CFR 1912a.2). The information OSHA receives through this
nomination process, in addition to other relevant sources of
information, will assist the Secretary of Labor in appointing members
to serve on NACOSH. In appointing NACOSH members, the Secretary of
Labor will consider individuals nominated in response to this Federal
Register notice, as well as other qualified individuals.
    The U.S. Department of Labor (Department) is committed to equal
opportunity in the workplace and seeks broad-based and diverse NACOSH
membership. The Department will conduct a public records check of
nominees before their appointment using publicly available, internet-
based sources.

Public Participation--Submission of Nominations and Access to Docket

    You may submit nominations: (1) Electronically at http://www.regulations.gov, the Federal eRulemaking Portal; (2) by facsimile
(Fax); or (3) by hard copy. All comments, attachments and other
material must identify the Agency name and docket number for this
Federal Register notice (OSHA Docket No. OSHA-2014-0001). You may
supplement electronic nominations by uploading document files
electronically. If, instead, you wish to submit additional materials in
reference to an electronic or fax submission, you must submit them to
the OSHA Docket Office (see ADDRESSES section). The additional
materials must clearly identify your electronic nomination by name,
date, and docket number so OSHA can attach the materials to your
nomination.
    Because of security-related procedures, the use of regular mail may
cause a significant delay in the receipt of nominations. For
information about security procedures concerning the delivery of
materials by hand, express delivery, messenger or courier service,
please contact the OSHA Docket Office (see ADDRESSES).
    OSHA posts submissions without change at http://www.regulations.gov. Therefore, OSHA cautions interested parties about
submitting personal information such as Social Security numbers and
birth dates. Although all submissions are listed in the http://www.regulations.gov index, some information (e.g., copyrighted
material) is not publicly available to read or download through http://www.regulations.gov. All submissions, including copyrighted material,
are available for inspection and copying at the OSHA Docket Office.
Information on using the http://www.regulations.gov to submit comments
and access the docket is available on that Web site. Please contact the
OSHA Docket Office for information about materials not available
through that Web site and for assistance in using the internet to
locate docket submissions.
    Electronic copies of this Federal Register document also are
available at http://www.regulations.gov. This document, as well as news
releases and other relevant information, are available at OSHA's Web
site at http://www.osha.gov.

Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for
Occupational Safety and Health, directed the preparation of this notice
under the authority granted by 29 U.S.C. 656, (5 U.S.C. App. 2; 29 CFR
Part 1912a; 41 CFR part 102-3; and Secretary of Labor's Order No. 1-
2012 (77 FR 3912, 1/25/2012).

    Signed at Washington, DC, on March 21, 2014.
 David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2014-06696 Filed 3-25-14; 8:45 am]
BILLING CODE 4510-26-P