[Federal Register Volume 86, Number 224 (Wednesday, November 24, 2021)]
[Notices]
[Page 67042]
[FR Doc No: 2021-25672]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PL21-3-000]

Technical Conference on Greenhouse Gas Mitigation: Natural Gas
Act Sections 3 and 7 Authorizations; Supplemental Notice of Technical
Conference

    As announced in the Notice of Technical Conference issued in this
proceeding on September 16, 2021, the Federal Energy Regulatory
Commission (Commission) will convene a Commission staff-led technical
conference to discuss methods natural gas companies may use to mitigate
the effects of direct and indirect greenhouse gas emissions resulting
from Natural Gas Act sections 3 and 7 authorizations. The technical
conference will be held on Friday, November 19, 2021, from
approximately 9:00 a.m. to 3:30 p.m. Eastern time. The conference will
be held virtually.
    Attached to this Supplemental Notice is a revised agenda for the
technical conference, which includes the final conference program and a
revised list of expected speakers. The conference will be open for the
public to attend virtually. Registration is not required and there is
no fee for attendance. Information on this technical conference,
including a link to the public webcast, is available at www.ferc.gov/GhG-mitigation. The conference is also posted on the Calendar of Events
on the Commission's website, www.ferc.gov. Transcripts will be
available for a fee from Ace Reporting,<PHONE_NUMBER>.
    Commission conferences are accessible under section 508 of the
Rehabilitation Act of 1973. For accessibility accommodations, please
send an email to [email protected], call toll-free<PHONE_NUMBER>
(voice) or<PHONE_NUMBER> (TTY), or send a fax to<PHONE_NUMBER> with
the required accommodations.
    For more information about this technical conference, please
contact [email protected]. For information related to logistics,
please contact Sarah McKinley at [email protected] or (202) 502-
8368. This notice is issued and published in accordance with 18 CFR
2.1.

    Dated: November 18, 2021.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2021-25672 Filed 11-23-21; 8:45 am]
BILLING CODE 6717-01-P


                     Proposed Federal Plan for Certifying
               Applicators of Restricted Use Pesticides within
                                Indian Country

                                April 14, 2011

                               Table of Contents

     I. Executive Summary............................................................	3

     II. Introduction.....................................................................	3

     III. Background.....................................................................	4

     IV. Definitions.......................................................................	4

     V. Applicability of the Plan......................................................	5

     VI. Legal Authority................................................................	5

     VII. Lead Agency....................................................................	5
         A. Funding and Personnel
         B. Reporting

     VIII. Applicator Requirements and Classification & Certification Options...........................................................................	6
         A. Private Applicators
         B. Commercial Applicators

     IX. Commercial Applicator Categories..........................................	8

     X. Certification Procedures......................................................	8

     XI. Enforcement of the Plan.......................................................	9
         A. Enforcement Authority
         B. Pesticide Dealer Reporting Requirements
         C. Inspections
         D. Revocation, Suspension, and Modification
         E. Penalties

     XII. Appendices.......................................................................	12
         A. Federal Insecticide Fungicide & Rodenticide Act  -  Section 11
         B. 40 Code of Federal Regulations  -  Protection of the Environment, Section 171.11
         C. EPA-approved certification categories/subcategories and corresponding comparable federal categories
         D.	Pesticide Applicator Certification Forms

   I.       Executive Summary

Under the authority of Section 11(a)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), and in accordance with the regulations found at Title 40 of the Code of Federal Regulations (CFR) Part 171.11, the United States Environmental Protection Agency (EPA) is implementing a federal pesticide applicator certification plan (Plan) for those areas of Indian country where no other EPA-approved or EPA-implemented plan applies.  This federal certification Plan describes the process by which EPA will implement a program for the certification of applicators of restricted use pesticides (RUPs) in Indian country based upon the certification requirements enumerated at 40 CFR Part 171.

EPA will administer routine maintenance activities associated with implementation of this Plan and will conduct inspections and take enforcement actions as appropriate.

   II.       Introduction

This Plan describes the process for becoming certified to use RUPs within Indian country.  Indian country refers to land defined as Indian country at 18 U.S.C. §1151.  Consistent with the statutory definition of Indian country, as well as federal case law interpreting this statutory language, EPA treats lands held by the federal government in trust for Indian tribes that exist outside of formal reservations as informal reservations, and thus as Indian country.

Under FIFRA, pesticides (or the particular use or uses of a pesticide) that may generally cause, without additional regulatory restrictions, unreasonable adverse effects on the environment, including injury to the applicator, shall be classified for "restricted use." If the classification is made because of hazards to the applicator,  the pesticide may only be applied by or under the direct supervision of a certified applicator.  If the classification is made because of potential unreasonable adverse effects on the environment, the pesticide may only be applied by or under the direct supervision of a certified applicator or subject to such other restrictions as the Administrator may provide by regulation.  To be certified, an individual must be determined to be competent with respect to the use and handling of pesticides covered by the certification.

A person becomes a certified applicator through meeting the requirements of a certification plan that is administered by a pertinent state, tribal, territorial, or federal agency and is approved or implemented by EPA.  This document describes the certification plan EPA will use to certify applicators of RUPs for those areas of Indian country where no other EPA-approved or EPA-implemented plan applies.

   III.       Background

Among other things, EPA's regulations under 40 CFR part 171 provide that:

      1) An Indian tribe may develop its own plan for certifying private and commercial applicators to use or supervise the use of RUPs;

      2) If a tribe does not develop its own certification plan, the tribe may choose to utilize a state's certification program, with the concurrence of that state; or

      3) EPA can implement a federal plan for the certification of applicators of RUPs.

Currently, there are a few tribes with tribal plans, a federal plan for Navajo Nation, and a draft proposed federal plan for Region 8 Indian country.  In addition, a few tribes have a Memorandum of Understanding with a state.  Under 40 CFR § 171.11, EPA is authorized to implement a plan for the federal certification of applicators of RUPs where there is no EPA-approved state or tribal applicator certification plan in effect.

EPA consulted with the tribes on November 29 and December 13, 2010 to ensure development of a federal plan that effectively meets their needs and those of restricted use pesticide applicators in Indian country.  During the consultations, several issues were discussed, such as the desire for notification to tribes prior to RUP use, assuring the competency of private applicators, and the possibility of an opt-out provision in the Plan. EPA plans to seek comment on these issues during the public comment period. Additional concerns were raised that we respect tribal sovereignty, not require unfunded mandates, and provide adequate enforcement to assure RUPs are used legally and safely.  EPA believes that the proposed Plan addresses all of these concerns.

Therefore, in accordance with 40 CFR § 171.11, EPA will implement this Plan for the federal certification of applicators of RUPs in Indian country where no other EPA-approved or EPA-implemented plan applies.  Implementation of this certification Plan will 1) provide a mechanism by which individuals can become legally certified; 2) establish requirements that ensure and demonstrate competency in the proper use and application of RUPs in Indian country; and 3) ensure that an individual adheres to certification requirements.

   I.       Definitions

See Appendix C for relevant definitions.

   II.       Applicability of the Plan

EPA will implement this Plan within those areas of Indian country where no other EPA-approved or EPA-implemented plan applies.

Tribes may continue to pursue options available under 40 CFR § 171.10 for their areas of Indian country, including seeking EPA approval of tribal plans for such areas under 40 CFR § 171.10(a)(2) or utilizing a state's certification program under 40 CFR § 171.10(a)(1).  An option implemented under 40 CFR § 171.10 would replace this federal plan for the relevant area of Indian country.  Some tribes may also choose to further restrict or prohibit the use of RUPs in their areas through the implementation of tribal codes, laws, regulations, or other applicable tribal requirements.  EPA intends to continue consulting with tribes whose Indian country is subject to this federal plan regarding the use of RUPs in their areas and notes that applicators certified under this federal plan are responsible for complying with any applicable tribal requirements.

EPA will revisit this plan if/when the federal applicator certification regulation revisions are finalized to modify this plan if necessary.

   III.       Legal Authority

EPA will implement this Plan under FIFRA section 11(a)(1) (see Appendix A), as amended, and 40 CFR § 171.11.

The regulations at 40 CFR § 171.11(e) authorize EPA to issue certificates based upon the pesticide applicator first meeting the requirements for certification issued under any other federal or EPA-approved state or tribal certification program.

Additional enforcement authorities are contained in Sections 8, 9, 13, 14, and 23 of FIFRA.  Also see the FIFRA Enforcement Response Policy at http://cfpub.epa.gov/compliance/resources/policies/civil/fifra/.

   IV.       Lead Agency

EPA will administer this federal certification Plan for RUP applicators in Indian country.

         o          EPA Regions will administer routine maintenance activities, including application processing, database management, recordkeeping, and program oversight.  The EPA Regions are also authorized to certify applicators and conduct general outreach.

         o          EPA Regions will also conduct inspections as appropriate and take enforcement action under the FIFRA Enforcement Response Policy, as appropriate.

         o          EPA Office of Regional Counsel will provide legal assistance, as appropriate.

         A.       Funding and Personnel

   EPA has adequate resources to implement the Plan in Indian country consistent with the requirements of FIFRA and the regulations in 40 CFR Part 171.

         B.       Reporting

   EPA will ensure that this Plan is maintained and kept current in accordance with the requirements at 40 CFR Part 171.  EPA will make the Plan publicly available at EPA's Certification and Training database website: http://cpard.wsu.edu/.   EPA will update the Plan as necessary..  EPA will submit annual certification accomplishment reporting by December 31[st] of each calendar year via the database website.

   V.       Applicator Requirements and Classification & Certification Options

Under this Plan, EPA will implement a program for the certification of private and commercial applicators to apply RUPs in those areas of Indian country where no EPA-approved or EPA-implemented plan exists.

   A.  Private Applicators

   For individuals seeking certification as a private applicator under the Plan, EPA will exercise its authority contained in 40 CFR §§ 171.11(d)(1) & (e) to issue certifications if the applicator either:

         (1) Submits evidence of certification as a private applicator authorized to apply federally designated RUPs through a federal plan or an EPA-approved state or tribal plan with a contiguous boundary to the relevant area of Indian country.  If circumstances require, the EPA Region may work with the tribe to allow federal certification under this plan based on a valid certification from another nearby state or tribe.  Or

         (2) Submits documentation of physical attendance and completion of an EPA-approved training and self-study evaluation.

      Length of certification:  Under 40 CFR § 171.11(e), a private applicator certificate expires  3 years after the date of issuance or at the expiration date of the original federal, state, or tribal certificate, whichever occurs first. A proposed rule is currently under development that would allow a federal certification based on a valid federal, state or tribal certification, to expire when the original certificate expires, unless the certificate is suspended or revoked.   If this amendment is finalized, the Agency will utilize the expiration date of the original valid certification.

      Renewal/recertification:  Applicators may apply to be recertified through the options listed in Section VIII (A) (1) and (2) of this Plan during the 12 months preceding the expiration of their current certificate.

   B.  Commercial Applicators

   For individuals seeking certification as a commercial applicator under the Plan, EPA will utilize authority contained in 40 CFR § 171.11(e) to issue certification as described below:

         (1) Submitting evidence of certification as a commercial applicator authorized to apply federally designated RUPs under any other federal plan or EPA-approved state or tribal plan with a contiguous boundary to the relevant area of Indian country.  Under this option, EPA may issue federal commercial certificates to persons who are certified as commercial applicators for the same category(ies) listed in their original certificate (except for sodium cyanide capsules and sodium fluoroacetate used in livestock protection collars  categories; see part IX. Commercial Applicator Categories of this plan for more information on these categories).  If circumstances require, the relevant EPA Region may work with the tribe to allow federal certification under this plan based on a valid certification from another nearby state or tribe.

      Length of certification:
      Under 40 CFR § 171.11(e), a commercial applicator certificate expires 2 years after the date of issuance, or at the expiration date of the original federal, state, or tribal certificate, whichever occurs first. A proposed rule is currently under development that would allow a federal certification based on a valid federal, state or tribal certification, to expire when the original certificate expires, unless the certificate is suspended or revoked.   If this amendment is finalized, the Agency will utilize the expiration date of the original valid certification.

      Renewal/recertification:  Applicators may apply to be recertified through the options listed in Section VIII (B)(1) of this Plan during the 12 months preceding the expiration of their current certificate.

   VI.       Commercial Applicator Categories

EPA recognizes commercial applicators certified by a federal plan or an EPA-approved state or tribal plan.  EPA will recognize the categories authorized in the original certificate, and commercial applicators will be authorized to apply RUPs in Indian country for uses covered in their underlying federal, state or tribal certificate with the exception of the following.

For sodium cyanide capsules used with ejector devices for livestock predator control, there is a use restriction that requires that supervisors of applicators monitor the applicators.  As stated on the labels, the supervisors are the registrants, which may be federal agencies, state agencies, or Indian tribes.  Currently, only one Indian tribe -- the Navajo Nation -- has obtained a registration for sodium cyanide capsules. Under this federal plan, a federal certificate will only include a sodium cyanide capsule  category if the relevant Indian tribe for the area of Indian country at issue obtains its own registration for this product and conducts its own monitoring and supervision.

Registrations for sodium fluoroacetate used in livestock protection collars are currently limited to one federal agency, to State agencies in Montana, New Mexico, South Dakota, and Wyoming, and to a private entity whose registered product may only be used in Texas. Currently, no Indian tribe has a registration for sodium fluoroacetate used in livestock protection collars. Under this federal plan, a federal certificate will only include a sodium fluoroacetate livestock protection collar if the relevant Indian tribe for the area of Indian country at issue obtains its own registration for this product and conducts its own monitoring and supervision.

EPA intends to continue consulting with Indian tribes as the federal plan is implemented to consider issues relating to availability of sodium cyanide capsules and sodium fluoroacetate livestock protection collars in Indian country and will consider modifying individual federal certifications in the future as appropriate.

   VII.       Certification Procedures

Persons seeking commercial certification to apply RUPs in Indian country must submit to EPA, at the address noted below, a completed `Pesticide Applicator Certification Form' EPA Form xxxx-xx (Appendix D) along with proof (copy of certificate, credential, license, or other documentation) of a valid federal, state, or tribal certification.  Individuals seeking to be certified as private applicators must submit a completed `Pesticide Applicator Certification Form' EPA Form xxxx-xx (Appendix D) with either (1) proof (copy of certificate, credential, license, or other documentation) of a valid federal, state, or tribal certification, or, (2) documentation showing they have physically attended and completed an  approved training course and self-study evaluation.  The self-study evaluation and guide can be obtained by contacting EPA at address below.  EPA may verify with the appropriate federal, state, or tribal certifying agency with whom the applicant is claiming to hold a valid certification that the certification on which EPA would base its federal certification is, in fact, valid and current.

The Pesticide Applicator Certification Form can be downloaded from www.epa.gov/tobedetermined or may be obtained by contacting the EPA Region directly.

   VIII.       Enforcement of the Plan

         A.       Enforcement Authority

   EPA will, as appropriate, enforce this Plan.  States, tribes, and other federal agencies who issued a certification upon which the federal certification described herein is based are not approved or authorized by EPA to assure compliance in Indian country with the federal certification provided by this Plan.

   EPA has the authority to take action, as appropriate, to ensure that RUPs are used in accordance with their EPA-registered labeling.  EPA will also ensure that pesticide applicators and dealers comply with the requirements of FIFRA and the implementing regulations, including provisions of this federal Plan specified in 40 CFR § 171.11, in Indian country.  Specifically, for example, commercial applicators are required to maintain records as provided in 40 CFR § 171.11(c) (7).

   EPA will allow, during the 6 month period after publication of the final Plan, applicators to apply RUPs under the Plan in Indian country only for the categories for which they already have a valid state, tribal or federal certificate if they submit a complete application to the relevant EPA Region showing proof of a valid state, tribal, or federal certification.

   Beginning 6 months after publication of the final Plan, applicators who are covered under this Plan and have not received a written federal certification from the relevant EPA Region are prohibited from applying RUPs in Indian country located in that Region.

         B.       Pesticide Dealer Reporting Requirements

   Each restricted use pesticide dealer in Indian country where this Plan applies must keep records and submit reports to EPA as set forth in 40 CFR § 171.11(g).  To comply with these reporting requirements, all pesticide dealers and pesticide dealerships located within Indian country covered by this Plan must send such reports to:

                        [Insert Contact Information Here]
   C.  Inspections

   EPA will enforce this Plan by conducting inspections, as appropriate, of RUP dealers and certified applicators in Indian country to ensure that RUP dealers are maintaining the required records, are making RUPs available for use in accordance with 40 CFR §171.11(g), and that certified applicators are complying with all applicable label directions.  As with all cases where a non-federal official uses federal credentials to conduct inspections, when a tribal inspector conducts an inspection under federal credentials under a cooperative agreement with EPA, violations would be referred to EPA for enforcement action, as appropriate.

   EPA has the authority to review RUP dealer records and certified applicator records pursuant to Section 8 of FIFRA, 7 U.S.C. § 136f and Section 11 of FIFRA, 7 U.S.C. § 136i-1(b), and 40 CFR §§ 171.11(g)(3) and (c)(7).  Federally credentialed inspectors and/or EPA inspectors will investigate incidents, accidents, and complaints related to pesticide use in Indian country and report to EPA for appropriate enforcement response as set forth by the FIFRA Enforcement Response Policy (http://cfpub.epa.gov/compliance/resources/policies/civil/fifra/) and as consistent with other EPA policies.

   D.  Revocation, Suspension, and Modification

   EPA may, if appropriate, deny, modify, suspend, or revoke a certificate, or take an enforcement action under FIFRA if the applicant or certificate holder has been convicted under section 14(b) of FIFRA or been subject to a final order imposing a civil penalty under section 14 (a) of FIFRA or where any of the following act listed in 40 CFR § 171.11(f) occur:

                 o          use of any registered pesticide in a manner inconsistent with its labeling;
                 o          making available for use, or use of any registered pesticide classified for restricted use other than in accordance with section 3(d) of the amended FIFRA and any regulations promulgated thereunder;
                 o          refusal to keep and maintain any records required pursuant to this section;
                 o          making of false or fraudulent records, invoices or reports;
                 o          failure to comply with any limitations or restrictions on or in a duly issued certificate, or
                 o          violation of any provision of the amended FIFRA and the regulations promulgated thereunder.

   Pursuant to 40 CFR § 171.11(e), EPA will also begin procedures to revoke, suspend, or modify a certificate if the federal, state, or tribal certificate upon which it is based is revoked, suspended, or modified.

   If EPA decides to deny, revoke, suspend or modify a certificate, EPA will notify (1) the applicant or certificate holder pursuant to the FIFRA Enforcement Response Policy and 40 CFR § 171.11(f)(2)(i), and (2) the agency that issued the original certificate upon which the federal certificate was based, if necessary.  If the applicant or certificate holder requests a hearing pursuant to 40 CFR § 171.11(f)(2)(ii), EPA will follow the hearing process contained in 40 CFR § 171.11(f)(3) & (4).

   E.  Penalties

   Under Section 14 of FIFRA, 7 U.S.C. § 136l, as amended by the Federal Civil Penalties Inflation, Adjustment Act of 1990, 28 U.S.C. § 146l, and the Debt Collection Improvement Act of 1996, 31 U.S.C. § 370l, EPA has the authority to assess both civil and criminal penalties for violations of FIFRA.  Commercial applicators, wholesalers, dealers, retailers, or other distributors can be assessed a fine of up to a $6,500 for each offense as civil penalties and up to $25,000 or imprisonment, for not more than one year, or both, for each offense as criminal penalties.  Private applicators, subsequent to receiving a written warning, can be assessed a civil penalty up to $1,200, or a criminal penalty of not more than a $1,000 fine and/or imprisonment, for not more than thirty (30) days, for each offense. EPA's enforcement actions are conducted consistent with applicable EPA enforcement and tribal policies and guidance.

XII. APPENDICES

Appendix A.   Federal Insecticide Fungicide & Rodenticide Act  -  Section 11

SEC. 11. [7 U.S.C. 136i] USE OF RESTRICTED USE PESTICIDES; APPLICATORS.

(a) CERTIFICATION PROCEDURE. --
    (1) FEDERAL CERTIFICATION. -- In any State for which a State plan for applicator certification has not been approved by the Administrator, the Administrator, in consultation with the Governor of such State, shall conduct a program for the certification of applicators of pesticides. Such program shall conform to the requirements imposed upon the States under the provisions of subsection (a)(2) of this section and shall not require private applicators to take any examination to establish competency in the use of pesticides. Prior to the implementation of the program, the Administrator shall publish in the Federal Register for review and comment a summary of the Federal plan for applicator certification and shall make generally avail-able within the State copies of the plan. The Administrator shall hold public hearings at one or more locations within the State if so requested by the Governor of such State during the thirty days following publication of the Federal Register notice inviting comment on the Federal plan. The hearings shall be held within thirty days following receipt of the request from the Governor. In any State in which the Administrator conducts a certification program, the Administrator may require any per-son engaging in the commercial application, sale, offering for sale, holding for sale, or distribution of any pesticide one or more uses of which have been classified for restricted use to maintain such records and submit such reports concerning the commercial application, sale, or distribution of such pesticide as the Administrator may be regulation prescribe. Subject to paragraph (2), the Administrator shall prescribe standards for the certification of applicators of pesticides. Such standards shall provide that to be certified, an individual must be determined to be competent with respect to the use and handling of pesticides, or to the use and handling of the pesticide or class of pesticides covered by such individual's certification. The certification standard for a private applicator shall, under a State plan submitted for approval, be deemed fulfilled by the applicator completing a certification form. The Administrator shall further assure that such form contains adequate information and affirmations to carry out the intent of this Act, and may include in the form an affirmation that the private applicator has completed a training program approved by the Administrator so long as the program does not require the private applicator to take, pursuant to a requirement prescribed by the Administrator, any examination to establish competency in the
use of the pesticide. The Administrator may require any pesticide dealer participating in a certification program to be licensed under a State licensing program approved by the Administrator.
    (2) STATE CERTIFICATION. -- If any State, at any time, de-sires to certify applicators of pesticides, the Governor of such State shall submit a State plan for such purpose. The Administrator shall approve the plan submitted by any State, or any modification thereof, if such plan in the Administrator's judgment --
     (A) designates a State agency as the agency responsible for administering the plan throughout the State;
     (B) contains satisfactory assurances that such agency has or will have the legal authority and qualified personnel necessary to carry out the plan;
     (C) gives satisfactory assurances that the State will de-vote adequate funds to the administration of the plan;
     (D) provides that the State agency will make such re-ports to the Administrator in such form and containing such information as the Administrator may from time to time require; and
     (E) contains satisfactory assurances that State standards for the certification of applicators of pesticides conform with those standards prescribed by the Administrator under paragraph (1).
     Any State certification program under this section shall be maintained in accordance with the State plan approved under this section.
    (b) STATE PLANS. -- If the Administrator rejects a plan submitted under subsection (a)(2), the Administrator shall afford the State submitting the plan due notice and opportunity for hearing before so doing. If the Administrator approves a plan submitted under subsection (a)(2), then such State shall certify applicators of pesticides with respect to such State. Whenever the Administrator determines that a State is not administering the certification pro-gram in accordance with the plan approved under this section, the Administrator shall so notify the State and provide for a hearing at the request of the State, and, if appropriate corrective action is not taken within a reasonable time, not to exceed ninety days, the Administrator shall withdraw approval of such plan.
    (c) INSTRUCTION IN INTEGRATED PEST MANAGEMENT TECH-NIQUES. -- Standards prescribed by the Administrator for the certification of applicators of pesticides under subsection (a), and the State plans submitted to the Administrator under subsection (a), shall include provisions for making instructional materials concerning integrated pest management techniques available to individuals at their request in accordance with the provisions of section 23(c) of this Act, but such plans may not require that any individual receive instruction concerning such techniques or be shown to be competent with respect to the use of such techniques. The Administrator and States implementing such plans shall provide that all interested individuals are notified of the availability of such instructional materials.
   (d) IN GENERAL. -- No regulations prescribed by the Administrator for carrying out the provisions of this Act shall require any private applicator to maintain any records or file any reports or other documents.
   (e) SEPARATE STANDARDS. -- When establishing or approving standards for licensing or certification, the Administrator shall establish separate standards for commercial and private applicators.

Appendix B.  40 Code of Federal Regulations  -  Protection of the Environment, Section 171.11

Appendix C. Definitions

   Certification:
   The term certification means the recognition by a certifying agency that a person is competent and thus authorized to use or supervise the use of restricted use pesticides. 40 CFR 171.2(a)(7)

   Commercial applicator:
   The term ``commercial applicator'' means an applicator (whether or not the applicator is a private applicator with respect to some uses) who uses or supervises the use of any pesticide which is classified for restricted use for any purpose or on any property other than as provided by paragraph (2) [private applicator definition]. FIFRA 2(e)(3)

   Indian country:  As defined at 18 U.S.C. § 1151: (a) all land within the limits of any Indian reservation under the jurisdiction of the United States Government, notwithstanding the issuance of any patent, and, including rights-of-way running through the reservation;  (b) all dependent Indian communities within the borders of the United States whether within the original or subsequently acquired territory thereof, and whether within or without the limits of a state; and (c) all Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through the same.  Consistent with the statutory definition of Indian country, as well as federal case law interpreting this statutory language, EPA treats lands held by the federal government in trust for Indian tribes that exist outside of formal reservations as informal reservations, and thus as Indian country.

   Pesticide:
   The term ``pesticide'' means (1) any substance or mixture of substances intended for preventing, destroying, repel-ling, or mitigating any pest, (2) any substance or mixture of sub-stances intended for use as a plant regulator, defoliant, or desiccant, and (3) any nitrogen stabilizer, except that the term ``pesticide'' shall not include any article that is a ``new animal drug'' within the meaning of section 201(w) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(w)), that has been determined by the Secretary of Health and Human Services not to be a new animal drug by a regulation establishing conditions of use for the article, or that is an animal feed within the meaning of section 201(x) of such Act (21 U.S.C. 321(x)) bearing or containing a new animal drug. The term ``pesticide'' does not include liquid chemical sterilant products (including any sterilant or subordinate disinfectant claims on such products) for use on a critical or semi-critical device, as de-fined in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321). For purposes of the preceding sentence, the term ``critical device'' includes any device which is introduced directly into the human body, either into or in contact with the bloodstream or normally sterile areas of the body and the term ``semi-critical de-vice'' includes any device which contacts intact mucous membranes but which does not ordinarily penetrate the blood barrier or other-wise enter normally sterile areas of the body. FIFRA 2(u)

Private applicator:
   The term ``private applicator'' means a certified applicator who uses or supervises the use of any pesticide which is classified for restricted use for purposes of producing any agricultural commodity on property owned or rented by the applicator or the applicator's employer or (if applied without compensation other than trading of personal services between producers of agricultural commodities) on the property of another person. FIFRA 2(e)(2)

     Restricted use pesticide (RUP):  A pesticide that is classified for restricted use under the provisions of section 3(d)(1)(C) of FIFRA

                                  Appendix D
                Pesticide Applicator Certification Form (draft)
                 The form is available at www.regulations.gov
           Docket identification number EPA - HQ - OPP - 2010 - 0723


UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D. C. 20460 OFFICE OF PREVENTION, PESTICIDES AND TOXIC SUBSTANCES DATE: February 13, 2001 SUBJECT: Oxadiazon. ( List B, Case No. 2485) The Outcome of the HED Metabolism Assessment Review Committee Meeting Held on 01/ 30/ 01. DP Barcode 272425. Chemical 109001.

FROM: Sheila Piper, Chemist Chemistry and Exposure Branch Health Effects Division ( 7509C)

THROUGH: Francis B. Suhre, Branch Senior Scientist Chemistry and Exposure Branch Health Effects Division ( 7509C) and Christine Olinger, Chair of HED MARC Reregistration Branch I Health Effects Division ( 7509C)

TO: Yan W. Donovan, Chemist, RAB1/ HED ( 7509C) MARC Executive Secretary Material Reviewed The Metabolism Assessment Review Committee ( MARC) met on January 30, 2001 to consider the degradation of oxadiazon ( 2 tert butyl 4( 2,4 dichloro 5 isopropoxyphenyl)

21,3,4 oxadiazolin 5 one) in water. Specifically, MARC was asked to determine which degradates should be included in the risk assessment. EFED supplied information that was presented to MARC ( S. Piper, N. McCarroll and J. Melendez, D271728, 1/ 10/ 01) describing degradates found or having the potential to be found in soil and water.

MARC Conclusions The Committee concluded that the parent compound, oxadiazon is the only residue to be included in a drinking water risk Page  2 assessment. Although, MARC expressed concern about the toxicity of other metabolites of oxadiazon, the Committee do not recommend including them in a drinking water risk assessment because they are not likely to be present in drinking water.

Supporting Reasons The Committee considered the following information to arrive at the conclusion shown above:

 The major degradate observed in the laboratory studies is the hydrolysate 1 trimethylacetyl 2( 2,4 dichloro 5 isopropoxyphenyl) hydrazine ( RP26123). This degradate reached a maximum of  45% of the applied on day 31 at pH 9 only. RP26123 was < 4% in all the other laboratory studies at all samplings, including the aerobic soil metabolism, the photolysis on soil, and a supplemental anaerobic soil metabolism study. The available data indicates that metabolite RP26123 should be a minor component in the environment under most conditions. In addition, the Committee concluded that this metabolite is not likely to be significantly more toxic than the parent.

 The only significant route of degradation for the chemical oxadiazon is aqueous photolysis. Several ( about 20) minor degradates were produced in the laboratory study; only one was slightly above the 10% level ( RP37084, nomenclature not provided by the registrant). The maximum level of RP37084 was only 11.5% at the last test interval, when only 27.6% of the applied radioactivity remained undegraded. Since by the time the degradate reached 11.5% the levels of oxadiazon had decreased substantially ( to 27.6% of the applied), it appears that the levels of the degradate would not increase much further. Moreover RP37084 was not an important metabolite in the soil photolysis study or in any other laboratory study. The available data indicates that metabolite RP37084 should be a minor component in the environment under most conditions. In addition, the Committee concluded that this metabolite is not likely to be significantly more toxic than the parent.

Individuals in Attendance 1. MARC Members Alberto Protzel, Christine Olinger, Rick Loranger, Leung Cheng, Page  3 John Doherty, Abdallah Khasawinah, and Sheila Piper.

2. Scientists ( non MARC members)

Nancy McCarroll( TOX1), Mike Ioannou( TOX1), Veronique LaCapra( SRRD), and Jose Melendez( EFED).

cc: SF, RF, List B File, S. Piper, N. McCarroll ( TOX1), Jose Melendez( EFED) RDI: C. Olinger: 2/ 06/ 01; F. B. Suhre: 2/ 09/ 01 7509C: CEB1: CM 2: Room 810F: 308 2717: Oxadiazon Page  4


[Federal Register Volume 78, Number 134 (Friday, July 12, 2013)]
[Proposed Rules]
[Pages 41882-41886]
[FR Doc No: 2013-15952]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0466; Directorate Identifier 2012-NM-156-AD]
RIN 2120-AA64

Airworthiness Directives; Dassault Aviation Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to supersede airworthiness directive (AD) 2002-23-
19, which applies to all Dassault Aviation Model Falcon 2000 series
airplanes. That AD currently requires repetitive operational tests,
repetitive measurements, and repetitive replacement of certain
jackscrews. Since we issued that AD, the manufacturer revised the
airplane maintenance manual (AMM) maintenance requirements and
airworthiness limitations. This proposed AD would require revising the
maintenance program to incorporate new or revised maintenance
requirements and airworthiness limitations. We are proposing this AD to
prevent reduced controllability of the airplane.

DATES: We must receive comments on this proposed AD by August 26, 2013.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Dassault Falcon Jet, P.O. Box 2000, South Hackensack, NJ 07606;
telephone<PHONE_NUMBER>; Internet http://www.dassaultfalcon.com. You may
review copies of the 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 425-
227-1221.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the 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, Washington 98057-3356; phone: 425-227-
1137; 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-2013-0466;
Directorate Identifier 2012-NM-156-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

    On November 19, 2002, we issued AD 2002-23-19, Amendment 39-12963
(67 FR 71452, December 2, 2002), for all Dassault Aviation Model Falcon
2000 airplanes. (That AD superseded AD 99-14-07, Amendment 39-11218 (64
FR 36561, July 7, 1999)). AD 2002-23-19 requires repetitive operational
tests of the flap asymmetry detection system, repetitive replacement of
the inboard flap jackscrews, and repetitive measurement of the screw/
nut play of the jackscrews on the inboard and outboard flaps.
    Since we issued AD 2002-23-19, we have determined that existing
maintenance requirements and airworthiness limitations are inadequate
and additional inspections are necessary to address the identified
unsafe condition. The European Aviation Safety Agency (EASA), which is
the Technical Agent for the Member States of the European Community,
has issued EASA Airworthiness Directive 2012-0156, dated August 23,
2012 (referred to after this as the Mandatory Continuing Airworthiness
Information, or ``the MCAI''), to correct an unsafe condition for the
specified products. The MCAI states:

    The airworthiness limitations and maintenance requirements for
the Falcon 2000 type design are included in Dassault Aviation Falcon
2000 (F2000) Aircraft Maintenance Manual (AMM) chapter 5-40 and are
approved by the European Aviation Safety Agency (EASA). EASA issued
AD 2008-0221 to require accomplishment of the maintenance tasks, and
implementation of the airworthiness limitations, as specified in

Dassault Aviation F2000 AMM chapter 5-40 at revision 12.
    Since that [EASA] AD was issued, Dassault Aviation have issued
F2000 AMM chapter 5-40 at revision 17, which introduces new or more
restrictive maintenance requirements and/or airworthiness
limitations.
    Dassault Aviation AMM chapter 5-40 revision 17 contains among
other changes the following requirements:

--Inspection and test of horizontal stabilizer jackscrew;
--Operational test of voltage monitoring circuits;
--Upgrade of screwjack of flap actuators from the older to the
latest -3 version;
--Revised Time Between Overhaul for screwjack of flap actuators -3
version;
--Revised interval for checking the screw/nut play on screwjack of
flap actuators -3 version;
--Removal of service life limit for screwjack of flap actuators;
--Test of flap asymmetry protection system. Compliance with the flap
asymmetry test is required by DGAC [Direction G[eacute]n[eacute]rale
de l'Aviation Civile] France AD F-1999-038-008(B)R1. F2000 AMM
chapter 5-40 at revision 17 introduces extended inspection interval;
--Inspection procedures of fuselage and wings;
--Check of overpressure tightness on pressurization control
regulating valves. Compliance with this check is required by EASA AD
2008-0072. F2000 AMM chapter 5-40 at revision 17 introduces extended
inspection interval.

    The maintenance tasks and airworthiness limitations, as
specified in the F2000 AMM chapter 5-40, have been identified as
mandatory actions for continued airworthiness of the F2000 type
design. Failure to comply with AMM chapter 5-40 at revision 17 might
constitute an unsafe condition.
* * * * *

The required action is revising the maintenance program to incorporate
all airworthiness limitations and maintenance tasks specified in
Chapter 5-40, Airworthiness Limitations, Revision 18, dated July 2012,
of Chapter 5, Maintenance Planning Document, of the Dassualt Falcon
2000 Maintenance Manual. You may obtain further information by
examining the MCAI in the AD docket.

Explanation of Change to Applicability

    We have revised the applicability of AD 2002-23-19 in this proposed
AD to clarify that only Dassault Model Falcon 2000 airplanes are
affected by this proposed AD and not Model Falcon 2000EX airplanes. The
applicability of AD 2002-23-19 states that the AD is applicable to
Dassault Model Falcon 2000 series airplanes, which includes Model
Falcon 2000EX airplanes, but it was not the FAA's intent to include
Model Falcon 2000EX airplanes in the applicability of that AD.

Change to Existing AD (67 FR 71452, December 2, 2002)

    This proposed AD would retain all requirements of AD 2002-23-19.
Since AD 2002-23-19 was issued, the AD format has been revised, and
certain paragraphs have been rearranged. As a result, the corresponding
paragraph identifiers have changed in this proposed AD, as listed in
the following table:

                      Revised Paragraph Identifiers
------------------------------------------------------------------------
  Requirement in  AD 2002-23-19,
 Amendment 39-12963  (67 FR 71452,   Corresponding  requirement in this
         December 2, 2002)                       proposed AD
------------------------------------------------------------------------
 paragraph (a)                       paragraph (g)
 paragraph (b)                       paragraph (h)(1)
 paragraph (c)                       paragraph (h)(2)
 paragraph (d)                       paragraph (h)(3)
 paragraph (e)                       paragraph (h)(4)
 paragraph (f)                       paragraph (i)(1)
 paragraph (g)                       paragraph (i)(2)
 paragraph (h)                       paragraph (i)(3)
------------------------------------------------------------------------

Relevant Service Information

    Dassault has issued Chapter 5-40, Airworthiness Limitations,
Revision 18, dated July 2012, of Chapter 5, Maintenance Planning
Document, of the Dassualt Falcon 2000 Maintenance Manual. 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 the same
type design.
    This proposed AD would require revisions to certain operator
maintenance documents to include new actions (e.g., inspections).
Compliance with these actions is required by 14 CFR 91.403(c). For
airplanes that have been previously modified, altered, or repaired in
the areas addressed by this proposed AD, the operator may not be able
to accomplish the actions described in the revisions. In this
situation, to comply with 14 CFR 91.403(c), the operator must request
approval for an alternative method of compliance according to paragraph
(m) of this proposed AD. The request should include a description of
changes to the required inspections that will ensure the continued
operational safety of the airplane.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
would affect about 229 products of U.S. registry.
    The actions that are required by AD 2002-23-19, and retained in
this proposed AD, take about 17 work-hours per product, per test/
replacement cycle, at an average labor rate of $85 per work hour.
Required parts cost about $21,680 per product, per replacement cycle.
Based on these figures, the estimated cost of the currently required
actions is $23,125 per product, per test/replacement cycle.
    We estimate that it would take about 1 work-hour per product to
comply with the new basic requirements of this proposed AD. The average
labor rate is $85 per work-hour. Based on these figures, we estimate
the cost of the proposed AD on U.S. operators to be $19,465, or $85 per
product.

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 proposed 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.
    We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing airworthiness directive (AD)
2002-23-19, Amendment 39-12963 (67 FR 71452, December 2, 2002), and
adding the following new AD:

Dassault Aviation: Docket No. FAA-2013-0466; Directorate Identifier
2012-NM-156-AD.

(a) Comments Due Date

    We must receive comments by August 26, 2013.

(b) Affected ADs

    This AD supersedes AD 2002-23-19, Amendment 39-12963 (67 FR
71452, December 2, 2002). Certain requirements of this AD terminate
certain requirements of AD 2010-26-05, Amendment 39-16544 (75 FR
79952).

(c) Applicability

    This AD applies to Dassault Aviation Model FALCON 2000
airplanes, certificated in any category, all serial numbers.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time limits
and maintenance checks.

(e) Reason

    This AD was prompted by manufacturer revisions to the airplane
maintenance manual (AMM) that introduces new or more restrictive
maintenance requirements and airworthiness limitations. We are
issuing this AD to prevent reduced controllability of the airplane.

(f) Compliance

    You are responsible for having the actions required by this AD
performed within the compliance times specified, unless the actions
have already been done.

(g) Retained Requirement: Repetitive Operational Test

    This paragraph restates the requirements of paragraph (a) of AD
2002-23-19, Amendment 39-12963 (67 FR 71452, December 2, 2002), with
revised repair approval. Within 5 flight cycles after August 11,
1999 (the effective date of AD 99-14-07, Amendment 39-11218 (64 FR
36561, July 7, 1999)): Perform an operational test of the flap
asymmetry detection system to ensure that the system is functioning
correctly, in accordance with the procedures specified in Dassault
Falcon 2000 Airplane Maintenance Manual (AMM) 27-502, dated November
1995. Prior to further flight, repair any discrepancy detected, in
accordance with a method approved by the Manager, International
Branch, ANM-116, FAA, Transport Airplane Directorate; the Direction
G[eacute]n[eacute]rale de l'Aviation Civile (or its delegated
agent); or the European Aviation Safety Agency (EASA) (or its
delegated agent). Repeat the operational test thereafter at
intervals not to exceed 330 flight hours or 7 months, whichever
occurs first, until the maintenance program revision required by
paragraph (j) of this AD is accomplished.

(h) Retained Requirement: Repetitive Replacement

    This paragraph restates the requirements of paragraphs (b), (c),
(d), and (e) of AD 2002-23-19, Amendment 39-12963 (67 FR 71452,
December 2, 2002), with terminating action.
    (1) Prior to the accumulation of 1,000 total flight cycles on
the inboard jackscrew located on the inboard flap in the inboard
position, or within 25 flight cycles after August 11, 1999 (the
effective date of AD 99-14-07, Amendment 39-11218 (64 FR 36561, July
7, 1999)), whichever occurs later: Replace each jackscrew having
part number (P/N) 5318-1 or 5318-1 Amdt A, which is located on the
inboard flap in the inboard position, in accordance with Dassault
Falcon 2000 AMM 27-510, dated November 1995. The replacement
jackscrew may be new or may have been reconditioned in accordance
with paragraph (h)(2) of this AD. Repeat the replacement of a
jackscrew having P/N 5318-1 or 5318-1 Amdt A thereafter at intervals
not to exceed 1,000 flight cycles on the jackscrew located on the
inboard flap in the inboard position, until the maintenance program
revision required by paragraph (j) of this AD is accomplished.
    (2) A jackscrew having P/N 5318-1 and located on the inboard
flap in the inboard position may be replaced by a reconditioned
jackscrew having P/N 5318-1 Amdt A, provided that all of the
conditions specified in paragraphs (h)(1) and (h)(2) of this AD are
met.
    (i) The jackscrew has been reconditioned and reidentified as P/N
5318-1 Amdt A, in accordance with Dassault Service Bulletin AVIAC
5318-27-01, dated September 16, 1999.
    (ii) The jackscrew has been reconditioned only one time.
    (3) Prior to the accumulation of 2,200 total flight cycles on
the middle jackscrew located on the inboard flap and in the outboard
position, or within 25 flight cycles after August 11, 1999 (the
effective date of AD 99-14-07, Amendment 39-11218 (64 FR 36561, July
7, 1999)), whichever occurs later: Replace each jackscrew having P/N
5318-1 or 5318-1 Amdt A on the inboard flap and in the outboard
position, in accordance with Dassault Falcon 2000 AMM 27-510, dated
November 1995. The replacement jackscrew may be new or may have been
reconditioned in accordance with paragraph (h)(4) of this AD. Repeat
the replacement of a jackscrew having P/N 5318-1 or 5318-1 Amdt A
thereafter at intervals not to exceed 2,200 flight cycles on the
jackscrew located on the inboard flap and in the outboard position,
until the maintenance program revision required by paragraph (j) of
this AD is accomplished.
    (4) A jackscrew having P/N 5318-1 and located on the inboard
flap and in the outboard position may be replaced by a reconditioned
jackscrew having P/N 5318-1 Amdt A, provided that all of the
conditions specified in paragraphs (h)(4)(i) and (h)(4)(ii) of this
AD are met.
    (i) The jackscrew has been reconditioned and reidentified as P/N
5318-1 Amdt A, in accordance with Dassault Service Bulletin AVIAC
5318-27-01, dated September 16, 1999.
    (ii) The jackscrew has been reconditioned only one time.

(i) Retained Requirement: Repetitive Measurements

    This paragraph restates the requirements of paragraphs (f), (g),
and (h) of AD 2002-23-19, Amendment 39-12963 (67 FR 71452, December
2, 2002), with terminating action added.
    (1) Prior to the accumulation of 1,000 total flight cycles on
the outboard jackscrews located on the outboard flaps, or within 25
flight cycles after August 11, 199 (the effective date of AD 99-14-
07, Amendment 39-11218 (64 FR 36561, July 7, 1999)), whichever
occurs later: Measure the screw/nut play of the jackscrews having P/
N 1-5319-1 or 1-5319-1 Amdt A (on the left wing) and P/N 2-5319-1 or
2-5319-1 Amdt A (on the right wing) on the outboard flaps, in
accordance with the procedures specified in Dassault Falcon 2000 AMM
Temporary Revision (TR) 27-504, dated October 1998. Repeat the
measurement as specified in paragraph (i)(1) of this AD until the
maintenance program revision required by paragraph (j) of this AD is
accomplished.

    Note 1 to paragraph (i)(1) of this AD:  Jackscrews having P/N 1-
5319-1 or 2-5319-1 may be reconditioned in accordance with Dassault
Service Bulletin AVIAC 5319-27-01, dated September 16, 1999. These
jackscrews may be reconditioned and reused more than one time.

    (i) If the initial measurement is equal to or less than 0.014
inch: Repeat the measurement thereafter at intervals not to exceed
330 flight

hours or 7 months, whichever occurs first. If any repetitive
measurement detects a nut/screw play greater than 0.014 inch,
perform the actions required by paragraph (i)(1)(ii) of this AD.
    (ii) If the initial measurement is greater than 0.014 inch:
Perform the actions required by paragraphs (i)(1)(ii)(A) and
(i)(1)(ii)(B) of this AD.
    (A) Prior to further flight, replace the jackscrew with a new or
reconditioned jackscrew, in accordance with Dassault Falcon 2000 AMM
27-510, dated November 1995.
    (B) Prior to the accumulation of 1,000 total flight cycles on
the new or reconditioned jackscrew, perform a follow-on measurement
of the screw/nut play, in accordance with the procedures specified
in Dassault Falcon 2000 AMM TR 27-504, dated October 1998.
    (C) If any follow-on measurement required by paragraph
(i)(1)(ii)(B) of this AD detects a nut/screw play equal to or less
than 0.014 inch, perform the actions required by paragraph (i)(1) of
this AD. If any follow-on measurement required by paragraph
(i)(1)(ii)(B) of this AD detects a nut/screw play greater than 0.014
inch, perform the actions required by paragraphs (i)(1)(ii)(A) and
(i)(1)(ii)(B) of this AD.
    (2) Prior to the accumulation of 750 total flight cycles on the
jackscrew located on the inboard flap in the inboard position, or
within 25 flight cycles after the effective date of this AD,
whichever occurs later: Measure the screw/nut play of the jackscrew
having P/N 5318-1 or 1-5318-1 Amdt A, which is located on the
inboard flap in the inboard position, to detect discrepancies, in
accordance with the procedures specified in Dassault Falcon 2000 AMM
TR 27-504, dated October 1998. If the measurement is greater than
0.014 inch, prior to further flight, replace the discrepant
jackscrew with a new or reconditioned jackscrew, in accordance with
Dassault Falcon 2000 AMM 27-510, dated November 1995.
    (3) Prior to the accumulation of 1,000 total flight cycles on
the jackscrew located on the inboard flap in the outboard position,
or within 25 flight cycles after the effective date of this AD,
whichever occurs later: Measure the screw/nut play of the jackscrew
having P/N 5318-1 or 5318-1 Amdt A, which is located on the inboard
flap in the outboard position, in accordance with the procedures
specified in Dassault Falcon 2000 AMM TR 27-504, dated October 1998.
    (i) If the initial measurement is equal to or less than 0.014
inch: Repeat the measurements thereafter at intervals not to exceed
330 flight hours or 7 months, whichever occurs first. If repetitive
measurement detects a nut/screw play greater than 0.014 inch,
perform the actions required by paragraph (i)(3)(ii)(B) of this AD.
    (ii) If the initial measurement is greater than 0.014 inch:
Perform the actions required by paragraphs (i)(3)(ii)(A) and
(i)(3)(ii)(B) of this AD.
    (A) Prior to further flight, replace the jackscrew with a new or
reconditioned jackscrew, in accordance with Dassault Falcon 2000 AMM
27-510, dated November 1995.
    (B) Prior to the accumulation of 1,000 total flight cycles on
the new or reconditioned jackscrew, perform a follow-on measurement
of the screw/nut play, in accordance with the procedures specified
in Dassault Falcon 2000 AMM TR 27-504, dated October 1998.
    (C) If any follow-on measurement required by paragraph
(i)(3)(ii)(B) of this AD detects a nut/screw play equal to or less
than 0.014 inch, perform the actions required by paragraph (i)(3)(i)
of this AD. If any follow-on measurement required by paragraph
(i)(3)(ii)(B) of this AD detects a nut/screw play greater than 0.014
inch, perform the actions required by paragraphs (i)(3)(ii)(A) and
(i)(3)(ii)(B) of this AD.

(j) New Requirement of This AD: Revision of the Maintenance Program

    Within 30 days after the effective date of this AD, revise the
maintenance program to incorporate the information specified in
Chapter 5-40, Airworthiness Limitations, Revision 18, dated July
2012, of Chapter 5, Maintenance Planning Document, of the Dassault
Falcon 2000 Maintenance Manual. The initial compliance time for the
tasks are at the applicable times specified in Chapter 5-40,
Airworthiness Limitations, Revision 18, dated July 2012, of Chapter
5, Maintenance Planning Document, of the Dassault Falcon 2000
Maintenance Manual, or within 30 days after the effective date of
this AD, whichever occurs later. Accomplishing the requirements of
this paragraph terminates the applicable requirements of paragraphs
(g), (h), and (i) of this AD. Clarification of compliance time
terminology used in the tables in the service information is
provided in paragraphs (j)(1) through (j)(5) of this AD.
    (1) The term ``landings'' in the ``First Inspection'' column of
any table in the service information specified in paragraph (j) of
this AD means total airplane landings.
    (2) The term ``flight hours'' in the ``First Inspection'' column
of any table in the service information specified in paragraph (j)
of this AD means total flight hours.
    (3) The term ``flight cycles'' in the ``First Inspection''
column of any table in the service information specified in
paragraph (j) of this AD means total flight cycles.
    (4) For Task 30-11-09-350-801 30-103 identified in the service
information specified in paragraph (j) of this AD, the initial
compliance time is prior to the accumulation of 2,400 total flight
hours or 2,000 total flight cycles, or within 2,400 flight hours or
2,000 flight cycles after the effective date of this AD, whichever
occurs first; or within 30 days after the effective date of this AD;
whichever occurs later.
    (5) For Task 52-20-00-610-801-01 52-205 identified in the
service information specified in paragraph (j) of this AD, the
initial compliance time is 24 months after the effective date of
this AD.
    (6) The limited service life of part number F2MA721512100 is
3,750 total flight cycles on the part or 6 years since the
manufacturing date of the part, whichever occurs first.

(k) Terminating Action for a Certain AD

    Accomplishment of the actions required by paragraph (j) of this
AD terminates the requirements of paragraph (g) of AD 2010-26-05,
Amendment 39-16544 (75 FR 79952, December 21, 2010), for all
Dassault Aviation Model FALCON 2000 airplanes.

(l) No Alternative Actions or Intervals

    After accomplishing the revision required by paragraph (j) of
this AD, no alternative actions (e.g., inspections) or intervals may
be used unless the actions or intervals are approved as an
alternative method of compliance in accordance with the procedures
specified in paragraph (m)(1) of this AD.

(m) 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,
Washington 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) 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.

(n) Related Information

    (1) Refer to MCAI European Aviation Safety Agency Airworthiness
Directive 2012-0156, dated August 23, 2012; and Chapter 5-40,
Airworthiness Limitations, Revision 18, dated July 2012, of Chapter
5, Maintenance Planning Document, of the Dassualt Falcon 2000
Maintenance Manual; for related information.
    (2) For service information identified in this AD, contact
Dassault Falcon Jet, P.O. Box 2000, South Hackensack, NJ 07606;
telephone<PHONE_NUMBER>; Internet http://www.dassaultfalcon.com. You
may review copies of the 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>.

    Issued in Renton, Washington, on June 14, 2013.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-15952 Filed 7-11-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 190 (Monday, October 1, 2012)]
[Notices]
[Page 60002]
[FR Doc No: 2012-24197]

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SECURITIES AND EXCHANGE COMMISSION

[File No. 500-1]

In the Matter of Diomed Holdings, Inc., Dominion Minerals Corp.,
EnerLume Energy Management Corp., EPIX Pharmaceuticals, Inc.,
Familymeds Group, Inc., GlycoGenesys, Inc., and Greater Atlantic
Financial Corp.; Order of Suspension of Trading

September 27, 2012.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Diomed Holdings, Inc. because it has not filed any periodic reports
since the period ended September 30, 2007.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Dominion Minerals Corp. because it has not filed any periodic reports
since the period ended March 31, 2009.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
EnerLume Energy Management Corp. because it has not filed any periodic
reports since the period ended March 31, 2009.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
EPIX Pharmaceuticals, Inc. because it has not filed any periodic
reports since the period ended March 31, 2009.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Familymeds Group, Inc. because it has not filed any periodic reports
since the period ended June 30, 2007.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
GlycoGenesys, Inc. because it has not filed any periodic reports since
the period ended September 30, 2005.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Greater Atlantic Financial Corp. because it has not filed any periodic
reports since the period ended June 30, 2009.
    The Commission is of the opinion that the public interest and the
protection of investors require a suspension of trading in the
securities of the above-listed companies. Therefore, it is ordered,
pursuant to Section 12(k) of the Securities Exchange Act of 1934, that
trading in the securities of the above-listed companies is suspended
for the period from 9:30 a.m. EDT on September 27, 2012, through 11:59
p.m. EDT on October 10, 2012.

    By the Commission.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2012-24197 Filed 9-27-12; 4:15 pm]
BILLING CODE 8011-01-P


[Federal Register: December 4, 2007 (Volume 72, Number 232)]
[Notices]
[Page 68152-68153]
[DOCID:fr04de07-62]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 12908-000]

BPUS Generation Development, LLC; Notice of Application Accepted
for Filing and Soliciting Motions To Intervene, Protests, and Comments

November 26, 2007.
    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Type of Application: Preliminary Permit.
    b. Project No.: 12908-000.
    c. Date filed: July 30, 2007.
    d. Applicant: BPUS Generation Development, LLC.
    e. Name of Project: Mississippi Lock & Dam No. 11 Hydroelectric
Project.
    f. Location: Mississippi River in Dubuque County, Iowa. It would
use the U.S. Army Corps of Engineers' Mississippi Lock & Dam No. 11.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Mr. Jeffrey M. Auser, P.E., BPUS Generation
Development, LLC, 225 Greenfield Parkway, Suite 201, Liverpool, NY
13088,<PHONE_NUMBER>.
    i. FERC Contact: Robert Bell,<PHONE_NUMBER>.
    j. Deadline for filing comments, protests, and motions to
intervene: 60 days from the issuance date of this notice.
    All documents (original and eight copies) should be filed with:
Secretary, Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426. Comments, protests, and interventions may be
filed electronically via the Internet in lieu of paper; see 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. The Commission strongly encourages
electronic filings. Please include the project number (P-12908-000) on
any comments or motions filed.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person in the official service list for the
project. Further, if an intervenor files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency.
    k. Description of Project: The proposed project using the U.S. Army

Corps of Engineers' Mississippi Lock & Dam No. 11 and operated in a
run-of-river mode would consist of: (1) A new 125-foot-long, 160-foot-
wide, 60-foot-high concrete powerhouse; (2) a new intake channel and
tailrace channel in the middle of the river channel, immediately left
of the gated section; (3) three turbine/generator units with a combined
installed capacity of 11.5 megawatts; (4) a new 20,000-foot-long
aboveground transmission line extending from the switchyard near the
powerhouse to an interconnection point with an existing transmission
line south of the powerhouse on the Wisconsin side of the river; and
(5) appurtenant facilities. The proposed Mississippi Lock & Dam No. 11
Project would have an average annual generation of 113 gigawatt-hours.
    l. This filing is available for review at the Commission in the
Public Reference Room or may be viewed on the Commission's Web site at
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, call toll-free 1-866-208-3676 or
e-mail<EMAIL_ADDRESS>For TTY, call<PHONE_NUMBER>. A copy
is also available for inspection and reproduction at the address in
item h above.
    m. Competing Preliminary Permit: Anyone desiring to file a
competing application for preliminary permit for a proposed project
must submit the competing application itself, or a notice of intent to
file such an application, to the Commission on or before the specified
comment date for the particular application (see 18 CFR 4.36).
Submission of a timely notice of intent allows an interested person to
file the competing preliminary permit application no later than 30 days
after the specified comment date for the particular application. A
competing preliminary permit application must conform with 18 CFR 4.30
and 4.36.
    n. Competing Development Application: Any qualified development
applicant desiring to file a competing development application must
submit to the Commission, on or before a specified comment date for the
particular application, either a competing development application or a
notice of intent to file such an application. Submission of a timely
notice of intent to file a development application allows an interested
person to file the competing application no later than 120 days after
the specified comment date for the particular application. A competing
license application must conform with 18 CFR 4.30 and 4.36.
    o. Notice of Intent: A notice of intent must specify the exact
name, business address, and telephone number of the prospective
applicant, and must include an unequivocal statement of intent to
submit, if such an application may be filed, either a preliminary
permit application or a development application (specify which type of
application). A notice of intent must be served on the applicant(s)
named in this public notice.
    p. Proposed Scope of Studies Under Permit: A preliminary permit, if
issued, does not authorize construction. The term of the proposed
preliminary permit would be 36 months. The work proposed under the
preliminary permit would include economic analysis, preparation of
preliminary engineering plans, and a study of environmental impacts.
Based on the results of these studies, the Applicant would decide
whether to proceed with the preparation of a development application to
construct and operate the project.
    q. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    r. Filing and Service of Responsive Documents: Any filings must
bear in all capital letters the title ``COMMENTS'', ``NOTICE OF INTENT
TO FILE COMPETING APPLICATION'', ``COMPETING APPLICATION'',
``PROTEST'', and ``MOTION TO INTERVENE'', as applicable, and the
Project Number of the particular application to which the filing
refers. Any of the above-named documents must be filed by providing the
original and the number of copies provided by the Commission's
regulations to: The Secretary, Federal Energy Regulatory Commission,
888 First Street, NE., Washington, DC 20426. An additional copy must be
sent to Director, Division of Hydropower Administration and Compliance,
Federal Energy Regulatory Commission, at the above-mentioned address. A
copy of any notice of intent, competing application or motion to
intervene must also be served upon each representative of the Applicant
specified in the particular application.
    s. Agency Comments: Federal, State, and local agencies are invited
to file comments on the described application. A copy of the
application may be obtained by agencies directly from the Applicant. If
an agency does not file comments within the time specified for filing
comments, it will be presumed to have no comments. One copy of an
agency's comments must also be sent to the Applicant's representatives.

Kimberly D. Bose,
Secretary.
[FR Doc. E7-23439 Filed 12-3-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: February 23, 2006 (Volume 71, Number 36)]
[Notices]
[Page 9398-9399]
[DOCID:fr23fe06-104]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-53325; File No. SR-NASD-2006-021]

Self-Regulatory Organizations; National Association of Securities
Dealers, Inc.; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change and Amendment No. 1 Thereto To Extend the Time for Non-
Member Broker/Dealers To Access the Brut and INET Facilities

February 16, 2006.

    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on February 7, 2006, the National Association of Securities Dealers,
Inc. (``NASD''), through its subsidiary, The Nasdaq Stock Market, Inc.
(``Nasdaq''), filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by Nasdaq. On February 8,
2006, Nasdaq filed Amendment No. 1 to the proposed rule change.\3\
Nasdaq filed the proposal as a ``non-controversial'' proposed rule
change pursuant to section 19(b)(3)(A)(iii) of the Act \4\ and Rule
19b-4(f)(6) thereunder,\5\ which renders it effective upon filing with
the Commission.\6\ The Commission is publishing this notice to solicit
comments on the proposed rule change, as amended, from interested
persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ In Amendment No. 1, Nasdaq revised the proposed rule text in
order for it to correspond with the existing language of NASD Rule
4901.
    \4\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \5\ 17 CFR 240.19b-4(f)(6).
    \6\ Nasdaq has asked the Commission to waive the 30-day
operative delay required by Rule 19b-4(f)(6)(iii), 17 CFR 240.19b-
4(f)(6)(iii). See discussion infra Section III.
---------------------------------------------------------------------------

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

    Nasdaq proposes to continue to provide, through May 1, 2006,
broker/dealers that are not members of NASD access to Nasdaq's Brut and
INET Facilities. Nasdaq intends to implement the proposed rule change
immediately. Below is the text of the proposed rule change. Proposed
new language is in italics; proposed deletions are in [brackets].
* * * * *

4901. Definitions

    Unless stated otherwise, the terms described below shall have the
following meaning:
    (a) through (h) No Change
    (i) The term ``Participant'' shall mean an NASD member that
fulfills the obligations contained in Rule 4902 regarding participation
in the System. Until [February 8, 2006] May 1, 2006, the term
``Participant'' shall also include non-NASD broker/dealers that desire
to use the System and otherwise meet all other requirements for System
participation.
    (j) through (w) No Change
* * * * *

4952. System Participant Registration

    (a) Participation in INET requires current registration with the
System and is conditioned upon the Participant's initial and continuing
compliance with the following requirements:
    (1) through (5) No Change
    (6) In addition to the above, on or before [60 days after the
System becomes a facility of Nasdaq] May 1, 2006, all System
Participants shall be members of the Association.
* * * * *
    The text of the proposed rule change, as amended, is also available
on Nasdaq's Internet Web site (http://www.nasdaq.com), at Nasdaq's

principal office, 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, Nasdaq 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. Nasdaq has prepared summaries, set forth in sections A,
B, and C below, of the most significant aspects of such statements.

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

1. Purpose
    Under the current NASD rules, broker/dealers that are not members
of NASD may use Nasdaq's Brut and INET systems until February 8, 2006.
Nasdaq proposes to modify this provision to allow non-NASD member
broker/dealers to use the Brut and INET systems through May 1, 2006.
This extension is intended to allow these non-NASD member broker/
dealers to have continued access to the Brut and INET systems while
they take actions to become members of The Nasdaq Stock Market LLC
(``Nasdaq Exchange'').\7\
---------------------------------------------------------------------------

    \7\ The Commission recently approved Nasdaq's application for
one of its proposed subsidiaries, The Nasdaq Stock Market LLC, to be
registered as a national securities exchange under section 6 of the
Act. See Securities Exchange Act Release No. 53128 (January 13,
2006), 71 FR 3550 (January 23, 2006) (File No. 10-131) (``Nasdaq
Exchange Approval Order'').
---------------------------------------------------------------------------

2. Statutory Basis
    Nasdaq believes the proposed rule change is consistent with the
provisions of section 15A of the Act,\8\ in general, and with section
15A(b)(6) of the Act,\9\ in particular, in that it is designed to
promote just and equitable principles of trade, to remove impediments
to a free and open market and a national market system, and, in
general, to protect investors and the public interest.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78o-3.
    \9\ 15 U.S.C. 78o-3(b)(6).
---------------------------------------------------------------------------

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

    Nasdaq does not believe that the proposed rule change will impose
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act.

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

    Nasdaq neither solicited nor received comments on the proposal.

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

    Because the foregoing proposed rule change: (1) Does not
significantly affect the protection of investors or the public
interest; (2) does not impose any significant burden on competition;
and (3) by its terms does not become operative for thirty days from the
date on which it was filed, or such shorter time as the Commission may
designate

if consistent with the protection of investors and the public interest,
it has become effective pursuant to section 19(b)(3)(A) of the Act \10\
and Rule 19b-4(f)(6) \11\ thereunder.\12\
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(6).
    \12\ Pursuant to Rule 19b-4(f)(6)(iii), Nasdaq has given the
Commission written notice of its intent to file the proposed rule
change, along with a brief description and text of the proposed rule
change, at least five business days prior to the date on which
Nasdaq filed the proposed rule change. See 17 CFR 240.19b-
4(f)(6)(iii).
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \13\ normally
does not become operative prior to thirty days after the date of
filing. Nasdaq requests that the Commission waive the 30-day operative
delay, as specified in Rule 19b-4(f)(6)(iii), and designate the
proposed rule change to become operative immediately to allow continued
and uninterrupted access to Nasdaq's Brut and INET trading facilities
for non-NASD member broker/dealers and their customers while such
broker/dealers take steps to become members of the Nasdaq Exchange
before it becomes operational as a national securities exchange. The
Commission hereby grants the request. The Commission believes that
waiving the 30-day operative delay is consistent with the protection of
investors and the public interest because such waiver will allow non-
NASD member broker/dealers to continue to participate in Nasdaq's Brut
and INET systems without interruption. The Commission notes that by May
1, 2006, all Brut and INET participants must either be NASD members or
Nasdaq Exchange members, contingent on whether the Nasdaq Exchange has
begun operating as a national securities exchange. In addition, the
Commission notes that members of NASD, as well as broker/dealers that
are currently not NASD members, will be able to apply to become a
Nasdaq Exchange member during the period of transition before the
Nasdaq Exchange becomes operational.\14\ For these reasons, the
Commission designates the proposed rule change as effective and
operative immediately.\15\
---------------------------------------------------------------------------

    \13\ 17 CFR 240.19b-4(f)(6).
    \14\ See Nasdaq Exchange Approval Order, 71 FR at 3554
(referring to recently approved Nasdaq Exchange Rule 1013(a)(6)).
    \15\ For the purposes only of waiving the operative date of this
proposal, the Commission has considered the proposed rule's impact
on efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate such proposed 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.\16\
---------------------------------------------------------------------------

    \16\ The effective date of the original proposed rule change is
February 7, 2006, and the effective date of Amendment No. 1 is
February 8, 2006. For purposes of calculating the 60-day period
within which the Commission may summarily abrogate the proposed rule
change under section 19(b)(3)(C) of the Act, the Commission
considers such period to commence on February 8, 2006, the date on
which Nasdaq filed Amendment No. 1. See 15 U.S.C. 78s(b)(3)(C).
---------------------------------------------------------------------------

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change, as amended, 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 e-mail to<EMAIL_ADDRESS>Please include

File Number SR-NASD-2006-021 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, Station Place, 100 F
Street, NE., Washington, DC 20549-1090.
    All submissions should refer to File Number SR-NASD-2006-021. This
file number should be included on the subject line if e-mail 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 inspection
and copying in the Commission's Public Reference Section, 100 F Street,
NE., Washington, DC 20549. Copies of such filing also will be available
for inspection and copying at the principal office of Nasdaq. 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 Number SR-NASD-2006-021 and should be
submitted on or before March 16, 2006.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\17\
---------------------------------------------------------------------------

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

J. Lynn Taylor,
Assistant Secretary.
 [FR Doc. E6-2520 Filed 2-22-06; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 80, Number 189 (Wednesday, September 30, 2015)]
[Notices]
[Page 58738]
[FR Doc No: 2015-24815]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2015-N-0007]

Biosimilar User Fee Act; Stakeholder Meetings on Biosimilar User
Fee Act of 2012 Reauthorization; Request for Notification of Regulated
Industry Organization Intention To Participate

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice; request for notification of participation.

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SUMMARY: The Food and Drug Administration (FDA) is issuing this notice
to request that industry trade associations, whose members include drug
companies currently engaged in development or manufacture of biosimilar
biological products in the U.S., or drug companies intending to engage
in these activities during the period of FY 2018-2022, notify FDA of
their intent to participate in industry stakeholder meetings in support
of timely reauthorization of the Biosimilar User Fee Act of 2012
(BsUFA). The statutory authority for BsUFA expires at the end of
September 2017. At that time, new legislation will be required for FDA
to continue collecting user fees to fund the biosimilar biological
product review process. The Federal Food, Drug, and Cosmetic Act (the
FD&C Act) requires that FDA engage in negotiations with regulated
industry to develop recommendations to present to Congress with respect
to the reauthorization of BsUFA. The purpose of this request for
notification is to ensure that qualifying industry organizations notify
FDA of their intention to participate in the planned negotiation
process.

DATES: Submit notification of intention to participate by October 30,
2015.

ADDRESSES: Submit notification of intention to participate in FDA-
industry user fee negotiations by email to<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Sandra Benton, Food and Drug
Administration, Center for Drug Evaluation and Research, 10903 New
Hampshire Ave., Bldg. 51, Rm. 6340, Silver Spring, MD 20993, 301-796-
1042, FAX:<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: FDA is requesting that industry trade
associations, whose members include drug companies currently engaged in
development or manufacture of biosimilar biological products in the
U.S., or drug companies intending to engage in these activities during
the period of FY 2018-2022, notify the Agency of their intent to
participate in FDA-industry negotiations on the reauthorization of
BsUFA. BsUFA authorizes FDA to collect fees from the biosimilar
biological product industry for certain activities relating to
biosimilar biological product development, for certain types of
applications and supplements for approval of biosimilar biological
products, on establishments where approved biosimilar biological
products are made, and on biosimilar biological products after
approval. BsUFA fees finance critical and measurable aspects of FDA's
biosimilar biological product review program. The statutory authority
for BsUFA expires at the end of September 2017. Without new
legislation, FDA will no longer be able to collect user fees for future
fiscal years to fund the biosimilar biological product review process.
Section 744I(e) (21 U.S.C. 379j-53(e)) of the FD&C Act requires that
FDA, in developing reauthorization recommendations to present to
Congress, consult with a range of public and industry stakeholders
including representatives from patient and consumer advocacy
groups,health care professionals, scientific and academic experts, and
the regulated industry. FDA will initiate this process on December 18,
2015, by holding a public meeting at which these key stakeholders and
other members of the public will be given an opportunity to present
their views on reauthorization. The FD&C Act further requires that
after negotiations with the regulated industry are concluded, FDA shall
present those recommendations for public review and comment, and
finally transmit recommendations to Congress, revised as necessary
based on public input, not later than January 15, 2017.
    Consistent with FDA's approach to the Prescription Drug User Fee
Act (PDUFA) industry stakeholder meetings, the BsUFA industry
stakeholder meetings will include industry trade associations that
represent biosimilar biological product manufacturers rather than
individual companies. Accordingly, FDA is issuing this Federal Register
notice to request that industry associations, whose members include
drug companies currently engaged in the development or manufacture of
biosimilar biological products in the U.S, or drug companies intending
to engage in these activities during the period of FY 2018-2022, notify
FDA of their intent to participate in the industry stakeholder meetings
on BsUFA reauthorization.
    Please notify FDA if you are a trade association interested in
participating in this process by providing an email to
<EMAIL_ADDRESS>by October 30, 2015. Your email should contain
complete contact information, including name, title, organization
affiliation, address, email address, telephone number, and notice of
any special accommodations required because of disability. It is
anticipated that the negotiation process will begin within the first
quarter of calendar year 2016 in order to ensure that FDA-industry
negotiations can be concluded and the subsequent public consultation
process conducted in advance of the statutory deadline in January 2017.

    Dated: September 24, 2015.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2015-24815 Filed 9-29-15; 8:45 am]
 BILLING CODE 4164-01-P