[Federal Register Volume 81, Number 74 (Monday, April 18, 2016)]
[Notices]
[Pages 22670-22673]
[FR Doc No: 2016-08815]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77584; File No. SR-OPRA-2015-01]

Options Price Reporting Authority; Notice of Filing and Immediate
Effectiveness of Proposed Amendment to the Plan for Reporting of
Consolidated Options Last Sale Reports and Quotation Information To
Amend Certain Provisions of the OPRA's Fee Schedule

April 12, 2016.
    Pursuant to Section 11A of the Securities Exchange Act of 1934
(``Act'' \1\ and Rule 608 thereunder,\2\ notice is hereby given that on
September 22, 2015, the Options Price Reporting Authority (``OPRA'')
submitted to the Securities and Exchange Commission (``Commission'') an
amendment to the Plan for Reporting of Consolidated Options Last Sale
Reports and Quotation Information (``OPRA Plan'').\3\ Effective January
1, 2016, the amendment revised the structure and the amount of OPRA's
fees for ``Non-Display'' use of OPRA data. The Commission is publishing
this notice to provide interested persons an opportunity to submit
written comments on the OPRA Plan amendment.
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    \1\ 15 U.S.C. 78k-1.
    \2\ 17 CFR 242.608.
    \3\ The OPRA Plan is a national market system plan approved by
the Commission pursuant to Section 11A of the Act and Rule 608
thereunder (Formerly Rule 11Aa3-2). See Securities Exchange Act
Release No. 17638 (March 18, 1981), 22 S.E.C. Docket 484 (March 31,
1981). The full text of the OPRA Plain is available at http://www.opradata.com. The OPRA Plan provides for the collection and
dissemination of last sale and quotation information on options that
are traded on the participant exchanges. The fourteen participants
to the OPRA Plan are BATS Exchange, Inc., BOX Options Exchange, LLC,
Chicago Board Options Exchange, Incorporated, C2 Options Exchange,
Incorporated, EDGX Exchange, Inc., International Securities
Exchange, LLC, ISE Gemini, LLC, ISE Mercury, LLC, Miami
International Securities Exchange, LLC, NASDAQ OMX BX, Inc., NASDAQ
OMX PHLX LLC, The NASDAQ Stock Market LLC, NYSE MKT LLC, and NYSE
Arca, Inc.
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I. Description and Purpose of the Plan Amendment

    The purpose of the amendment is to amend the OPRA Fee Schedule to
revise the structure and the amounts of OPRA fees for ``Non-Display''
use of OPRA Data. ``Non-Display'' use of OPRA data is use of the OPRA
data for a purpose other than the display of the data to natural
persons or in support of the display of the data or the internal or
external redistribution of the data.
    OPRA first implemented ``Non-Display Application Fees'' in 2012.\4\
At that time, OPRA defined the term ``Non-Display Application''
essentially as an application used for purposes of generating orders
and/or quotations on an automated basis including any application that
is used for ``black box'' trading, automated trading, algorithmic
trading and/or program trading.'' \5\ OPRA adopted those fees in
response to two long-term trends in the use of OPRA market data. The
first trend was the increasingly common use of OPRA market data for use
in ``Non-Display Applications.'' The second trend was the decline,
which has persisted over many years, in the number of devices and User
IDs \6\ displaying OPRA data and subject to OPRA's Professional
Subscriber Device-Based Fees. OPRA noted in its 2012 filing that, in
2004, an average of 223,000 devices and User IDs were reported to OPRA
in each month of the year, and that, in 2011, an average of 164,000
devices and User IDs were reported to OPRA in each month of the
year.\7\
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    \4\ See Securities Exchange Act Release No. 67648 (August 14,
2012), 77 FR 49837 (August 17, 2012) (SR-OPRA-2012-04).
    \5\ The complete definition of the term ``Non-Display
Application'' in File No. SR-OPRA-2012-04 is as follows: ``A `Non-
Display Application' is an application used by a Professional
Subscriber that: (i) Is capable of accessing OPRA market data, (ii)
does not display the data in a form for direct use by a human being
and (iii) is used for purposes of generating orders and/or
quotations on an automated basis for purposes other than complying
with the Rules of one or more of the OPRA Participant Exchanges. The
term includes any application that is used for ``black box''
trading, automated trading, algorithmic trading and/or program
trading. The term does not include any application that is used only
to generate two-sided continuous quotations, in fulfillment of the
obligation to act in a market-making capacity pursuant to the Rules
of one or more of the OPRA Participant Exchanges, of a Professional
Subscriber that has been designated by such Exchange or Exchanges to
act as a dealer/specialist for all purposes under the Securities
Exchange Act of 1934 and the Rules and Regulations thereunder. The
term also does not include an application that is used solely to
perform surveillance, risk management or portfolio management
functions in support of a firm's trading operations.''
    \6\ OPRA permits Professional Subscribers to count ``User IDs''
that are capable of receiving OPRA information as a surrogate for
counting devices, and to pay fees based on the number of User IDs
using the ``Professional Subscriber Device-Based Fees'' in OPRA's
Fee Schedule. See OPRA's ``Policies with respect to Device-Based
Fees,'' available on the OPRA Web site, www.opradata.com.
    \7\ See supra note 4, at n.9. The decline in the number of
devices and User IDs displaying OPRA data and subject to OPRA's
Professional Subscriber Device-Based Fees has continued: In 2014 an
average of 148,400 devices and User IDs were reported to OPRA as
receiving OPRA data in each month of the year, and OPRA projects
that in 2015 an average of 136,600 devices and User IDs will be
reported to OPRA as receiving OPRA data in each month of the year.
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    In 2014, the Consolidated Tape Association (``CTA'') Plan and
Consolidated Quotation (``CQ'') Plan participants (collectively, the
``CTA/CQ Plan Participants'') proposed to amend the CTA Plan and the CQ
Plan (collectively the ``CTA/CQ Plans'') to implement fees for Non-
Display use of the market data disseminated pursuant to the CTA/CQ
Plans.\8\ At the same time, the operating committee (the ``Nasdaq/UTP
Plan Operating Committee'') of the Joint Self-Regulatory Organization
Plan Governing the Collection, Consolidation, and Dissemination of
Quotation and Transaction Information for Nasdaq-Listed Securities
Traded on Exchanges on an Unlisted Trading Privilege Basis (the
``Nasdaq/UTP Plan'') proposed to amend the Nasdaq/UTP Plan to implement
fees for Non-Display use of the market data disseminated pursuant to
the Nasdaq/UTP Plan.\9\
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    \8\ See Securities Exchange Act Release No. 73278 (October 1,
2014), 79 FR 60536 (October 7, 2014) (SR-CTA/CQ-2014-03).
    \9\ See Securities Exchange Act Release No. 73279 (October 1,
2014), 79 FR 60522 (October 7, 2014) (File No. S7-24-89).
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    The OPRA Plan amendment comprehensively revised the structure of
OPRA's Non-Display fees so that OPRA's fee structure parallels the Non-
Display fee structures implemented by the CTA/CQ Plan Participants and
the Nasdaq/UTP Plan Operating Committee. In addition, the OPRA Plan
amendment revised the amounts of OPRA's Non-Display fees.

A. Description of the Concepts Underlying the CTA/CQ Plan and Nasdaq/
UTP Plan Non-Display Fees; Comparison to the Current OPRA Structure;
Revised OPRA Structure

1. Definition of ``Non-Display Use''
    The CTA/CQ Plan Participants have defined the term ``Non-Display
Use,'' with respect to the market data disseminated pursuant to the
CTA/CQ Plans as referring to ``accessing, processing or consuming real-
time Network A or Network B quotation information or last sale price
information, whether delivered via direct and/or redistributor data
feeds, for a purpose other than in support of a data recipient's
display or further internal or external redistribution.'' \10\ The
Nasdaq/UTP Plan Operating Committee has implemented a parallel
definition of the term: ``Non-Display use refers to accessing,
processing or consuming data, whether received via direct and/or
redistributor Data Feeds, for a purpose other than solely facilitating
the delivery of the data to

the Data Feed Recipient's display or for the purpose of further
internally or externally redistributing the data.'' \11\
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    \10\ See supra note 8, at 60538.
    \11\ See supra note 9, at 60525.
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    These definitions are broader than OPRA's prior definition of the
term ``Non-Display Application'' which, as noted above, encompassed
only ``applications . . . used for purposes of generating orders and/or
quotations on an automated basis. . . .'' For example, the CTA/CQ Plan
and Nasdaq/UTP definitions specifically include within their
definitions of the term ``Non-Display Use'' use of their respective
datasets for price referencing for smart order routing, operations
control programs, investment analysis, order verification, surveillance
programs, risk management, compliance and portfolio valuation
purposes.\12\
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    \12\ See supra note 8, at 60538 (CTA/CQ Plan); and see supra
note 9, at 60526 (Nasdaq/UTP Plan).
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    The OPRA Plan amendment replaced the definition of ``Non-Display
Application'' with a definition of the term ``Non-Display Use'' that
parallels the definitions implemented by the CTA/CQ Plan Participants
and the Nasdaq/UTP Plan Operating Committee. Specifically, the OPRA
Plan amendment defined the term ``Non-Display Use'' as follows:

    Non-Display Use refers to the accessing, processing or consuming
by an OPRA data feed recipient (either an OPRA vendor or an OPRA
professional subscriber) of OPRA market data received on a current
basis, whether delivered via data feed directly from OPRA's
processor and/or indirect data feed from an OPRA vendor, for a
purpose other than in support of the data feed recipient's display
or further internal or external redistribution. Non-Display Use
includes, without limitation, trading (such as in a ``black box'' or
a trading engine that performs automated trading, algorithmic
trading or program trading, or generates arbitrage or program
trading orders); automated order or quote generation and/or order
pegging; price referencing for algorithmic trading; operations
control programs; investment analysis; order verification;
surveillance programs; risk management; compliance; and portfolio
valuation.

2. Three Categories of Non-Display Use and Fee Basis for Non-Display
Use in Each Category
    The CTA/CQ Plan Participants and the Nasdaq/UTP Plan Operating
Committee have each established three ``categories'' of Non-Display
Use. Using the nomenclature established by the CTA/CQ Plan
Participants, the three categories are as follows:

    Category 1 applies when a data recipient makes non-display uses
of real time market data on its own behalf.
    Category 2 applies when a data recipient makes non-display uses
of real time market data on behalf of its clients.
    Category 3 applies when a data recipient makes non-display uses
of real time market data for the purpose of internally matching buy
and sell orders within the data feed recipient. Category 3 includes
matching buy and sell orders on a data recipient's own behalf and/or
on behalf of its clients. Category 3 includes, but is not restricted
to, use in trading platform(s), such as exchanges, alternative
trading systems (``ATSs''), broker crossing networks, broker
crossing systems not filed as ATSs, dark pools, multilateral trading
facilities, and systematic internalization systems.\13\
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    \13\ See supra note 8, at 60538 (CTA/CQ Plan). The Nasdaq/UTP
Plan Operating Committee has established the same three categories,
identical in substance, but using a somewhat different vocabulary:
the Nasdaq/UTP Plan refers to its fee for its counterpart to CTA/CQ
Category 1 as the ``Non-Display fee for Internal Use''; for its
counterpart to CTA/CQ Category 2 as the ``Non-Display Fee for
External Use''; and for its counterpart to CTA/CQ Category 3 as the
``Non-Display Fee for Electronic Trading Systems.'' See supra note
9, at 60525. To the extent that the nomenclatures used by the CTA/CQ
Plan Participants and the Nasdaq/UTP Plan Operating Committee are
different, OPRA's amendment tracks the CTA/CQ nomenclature.

    The OPRA Plan amendment adopted the three categories of Non-Display
Use that have been implemented by the CTA/CQ Plans and the Nasdaq/UTP
Plan.
    For the first two of these categories of Non-Display Use
(``Category 1'' and ``Category 2'' in the CTA/CQ nomenclature), the
CTA/CQ Plan Participants and the Nasdaq/UTP Plan Operating Committee
have established fees on an ``Enterprise'' basis, so that a recipient
of the market data pays only one ``Category 1'' fee if it makes any
Non-Display Use of the market data in Category 1, and only one
``Category 2'' fee if it makes any Non-Display Use of the market data
in Category 2.\14\ The OPRA Plan amendment adopted fees for Category 1
Non-Display Use and Category 2 Non-Display Use that are also on an
``Enterprise'' basis.\15\
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    \14\ See supra note 8, at 60538 (CTA/CQ Plans); see supra note
9, at 60525-26 (Nasdaq/UTP Plan).
    \15\ OPRA included a footnote in its revised Fee Schedule to
state that the wholly-owned subsidiaries of a data feed recipient
are within the definition of the term ``Enterprise'' as applied to
the data feed recipient. This is consistent with the way in which
OPRA addresses questions relating to affiliate relationships
generally, as is stated in Section 1 (``Contracting on behalf of
Affiliates'') of OPRA's ``Policies with respect to Device-Based
Fees'', available on OPRA's Web site, www.opradata.com.
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    For the third of these categories of Non-Display Use (``Category
3'' in the CTA/CQ nomenclature), the CTA/CQ Plan Participants and the
Nasdaq/UTP Plan Operating Committee have established fees on a ``per
platform'' basis. That is, a recipient of the market data is required
to pay a fee for Category 3 Non-Display Use on each ``platform'' that
is used for internally matching buy and sell orders.\16\ The OPRA Plan
amendment adopted fees for Category 3 Non-Display Use that are also on
a ``per platform'' basis. Tracking the CTA/CQ Plan and Nasdaq/UTP Plan
definitions, the OPRA Plan amendment defined the term ``Platform'' as
follows: ``A ``Platform'' is a platform for internally matching buy and
sell orders. Matching buy and sell orders includes matching customer
orders on a data recipient's own behalf and/or on behalf of its
clients. The term `Platform' includes, but is not restricted to,
exchanges, alternative trading systems (ATSs), broker crossing
networks, broker crossing systems not filed as ATSs, dark pools,
multilateral trading facilities, and systematic internalization
systems.''
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    \16\ See supra note 8, at 60538 (CTA/CQ Plans); see supra note
9, at 60525 (Nasdaq/UTP Plan).
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    As is the case with respect to the CTA/CQ Non-Display Use fees and
the Nasdaq/UTP Non-Display Use fees, an OPRA data recipient may use
OPRA data for one, two or all three categories and therefore be subject
to non-display fees for one, two or all three categories. For example,
if a broker-dealer uses OPRA data to run compliance programs for the
firm (Category 1), to conduct investment analysis on behalf of its
customers (Category 2), and to operate an ATS that matches buy and sell
orders (Category 3), then the firm would be required to pay OPRA non-
display use fees in respect of all three categories.

B. Non-Display Use Reporting Requirements

    In order to minimize the administrative burden associated with
their Non-Display Use fees, the CTA/CQ Plan Participants and the
Nasdaq/UTP Plan Operating Committee do not impose monthly reporting
requirements in respect of their Non-Display Use fees, and instead
require each recipient of a real-time data feed to make an initial
declaration with respect to its Non-Display Use of their respective
datasets, a declaration with respect to any changes in its Non-Display
Use of their respective datasets, and an annual declaration of its non-
display use.\17\ OPRA included a note in its Fee Schedule to state that
it will require reporting on the same basis. OPRA will audit data feed
recipients' Non-Display Use of market data in accordance with the terms
of its applicable agreements and ordinary auditing practices, and

will charge Non-Display Use fees in instances in which it determines
that Non-Display Use has not been accurately declared.
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    \17\ See supra note 8, at 60539 (CTA/CQ Plans); see supra note
9, at 60526 (Nasdaq/UTP Plan).
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C. Fees for Non-Display Use

    The OPRA Plan amendment adopted fees for Non-Display Use as
follows: A monthly fee of $2,000/Enterprise for Category 1 Non-Display
Use; a monthly fee of $2,000/Enterprise for Category 2 Non-Display Use;
and a monthly fee of $2,000/Platform for Category 3 Non-Display Use.
    By way of comparison: The CTA/CQ Plan Participants have established
separate monthly Non-Display Fees for Network A of $2,000 for last sale
prices plus $2,000 for quotation information in each of the three
categories of use, and Non-Display Fees for Network B of $1,000 for
last sale prices plus $1,000 for quotation information in each of the
three categories of use; \18\ and the Nasdaq/UTP Plan Operating
Committee has established a monthly fee for the data disseminated
pursuant to the Nasdaq/UTP Plan of $3,500 for each of the three
categories of use.\19\
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    \18\ See supra note 8, at 60538.
    \19\ See supra note 9, at 60526.
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    Prior to the OPRA Plan amendment, 59 OPRA data feed recipients were
paying OPRA's ``Non-Display Application Fee,'' which, as described
above, was applicable only to any ``application used for purposes of
generating orders and/or quotations on an automated basis.'' \20\
Because the definition of ``Non-Display Use'' is broader than OPRA's
prior definition of the term ``Non-Display Application,'' OPRA expects
the number of data feed recipients that will be subject to Category 1
Non-Display fees to be greater than the number of data feed recipients
paying the prior Non-Display Application Fee; OPRA's best estimate is
that approximately double the number of data feed recipients currently
paying OPRA's Non-Display Application Fee--approximately 120 data feed
recipients--will be subject to Category 1 Non-Display fees. Further,
OPRA's best estimate is that approximately half of those data feed
recipients--approximately 60 data feed recipients--will also be subject
to ``Category 2'' Non-Display fees. If these estimates are accurate,
then the new fee structure would generate approximately $4,300,000 in
annualized revenue to OPRA, representing an increase of approximately
$3,200,000 over the annualized revenues that OPRA previously received
from the Non-Display Application Fee.\21\
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    \20\ Of the 59 OPRA data feed recipients, seven were paying the
$7500/month ``Enterprise'' rate. The new fees represent a fee
reduction for these data feed recipients, and for a few OPRA data
feed recipients that are reporting five or more Non-Display
Applications. For the remaining data feed recipients, the new fees
represent a fee increase.
    \21\ OPRA is not estimating any ``net'' revenue derived from
``Category 3'' Non-Display Fees (for non-display use in connection
with providing a two-sided trading platform). The OPRA Participant
Exchanges are subject to Category 3 Non-Display Fees, but this
revenue does not represent net revenue available to OPRA and its
Participant Exchanges for collecting, consolidating, processing and
disseminating OPRA data. Other than the OPRA Participant Exchanges,
OPRA is aware of only one other two-sided trading platform that may
be subject to ``Category 3'' fees. That platform would generate
$24,000 in annualized Category 3 Non-Display Fees, a number that
does not meaningfully change OPRA's estimates of total revenue and
increased revenue resulting from the proposed Non-Display fee
structure.
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    If OPRA's estimate of its annualized revenue from its revised Non-
Display fees is accurate, the additional annualized revenue will
represent approximately a 4.7% increase in OPRA's total revenues for
the year 2014. In terms of a perspective over a longer term, the
additional annualized revenue will also represent approximately a 4.7%
increase in OPRA's total revenues for the year 2008, approximately a
0.6% increase per year for each year since 2008.
    Looking at the additional annualized revenue in another way, the
estimated increase in revenue will represent less than two years of
revenue lost by OPRA due to decreases in the number of Devices/User IDs
that are subject to OPRA's Professional Subscriber Device-Based
Fees.\22\ When OPRA implemented its ``Non-Display Application'' fee in
2012, it stated that it believed that the use of Non-Display
Applications by active trading firms was resulting, and would continue
to result, in a significant reduction in the number of devices and user
IDs that are reported to it,\23\ and OPRA anticipated that the Non-
Display Application fees would substantially offset the reduction in
revenue from Professional Subscriber Device-Based Fees. OPRA believes
that it has indeed been the case that Non-Display Use of OPRA data by
active trading firms is a major reason for the reductions in the number
of devices and user IDs that are reported to OPRA, and OPRA anticipates
that the trend of reductions in the number of Devices/UserIDs will
continue as it has for the past eight years. It has not been the case
that the Non-Display Application fees have substantially offset the
reduction in revenue resulting from the continuing reductions in the
number of devices and user IDs that are reported to OPRA. OPRA
anticipates that the ``Non-Display Use'' fees will offset future
decreases in its revenues from Professional Subscriber Device-Based
Fees to a greater extent than have OPRA's Non-Display Application fees.
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    \22\ The average number of Devices/User IDs in 2013 was 151,400.
As noted above (see footnote 7), OPRA projects an average of 136,600
devices/User IDs in 2015, representing a decrease of 14,800 Devices/
User IDs and a decrease in OPRA's 2015 revenues (at a monthly rate
of $28.50 per device/User ID) of approximately $5,000,000.
    \23\ See supra note 8, at 60538.
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    The text of the amendment to the OPRA Plan is available at OPRA,
the Commission's Public Reference Room, on OPRA's Web site at http://opradata.com, and on the Commission's Web site at www.sec.gov.

II. Implementation of the OPRA Plan Amendment

    Pursuant to paragraph (b)(3)(i) of Rule 608 of Regulation NMS under
the Act, OPRA designated this amendment as establishing or changing
fees or other charges collected on behalf of all of the OPRA
participants in connection with access to or use of OPRA facilities.
OPRA put the revised Non-Display Application Fees into effect as of
January 1, 2016.

III. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the OPRA Plan
amendment is consistent with the Act.\24\ Comments may be submitted by
any of the following methods:
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    \24\ Pursuant to Rule 608(b)(3)(iii) of Regulation NMS, the
Commission may summarily abrogate an immediately effective NMS Plan
amendment within sixty days of its filing and require refiling and
approval of the amendment if it appears to the Commission that such
action is necessary or appropriate in the public interest, for the
protection of investors, or the maintenance of fair and orderly
markets, to remove impediments to, and perfect the mechanisms of, a
national market system, or otherwise in furtherance of the purposes
of the Securities Exchange Act of 1934. See 17 CFR
242.608(b)(3)(iii). The abrogation period for the OPRA Plan
amendment has expired. Interested persons may nevertheless submit
written comments on the OPRA Plan amendment.
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Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or

     Send an email to<EMAIL_ADDRESS>Please include
File No. SR-OPRA-2015-01 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-OPRA-2015-01. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the OPRA Plan amendment that are
filed with the Commission, and all written communications relating to
the OPRA Plan amendment between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal office of OPRA. 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-OPRA-2015-01 and should be
submitted on or before May 9, 2016.

    By the Commission.
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-08815 Filed 4-15-16; 8:45 am]
 BILLING CODE 8011-01-P


	                UNITED STATES OF AMERICA

	         DEPARTMENT OF TRANSPORTATION

	                 OFFICE OF THE SECRETARY

	                         WASHINGTON, D.C.

Issued by the Department of Transportation on December 19, 2002

NOTICE OF ACTION TAKEN -- DOCKET OST 2002-14100

This serves as interim notice to the public of the action described
below, taken orally by the Department official indicated; the confirming
order or other decision document will be issued as soon as possible.

Applicant:  Antonov Design Bureau					Date Filed: December 17, 2002

Relief requested:  Exemption from 49 U.S.C. 40109(g) to operate one
one-way emergency cabotage cargo flight from Ontario or San Bernadino,
California, to Andersen AFB, Guam, to transport outsized cargo
consisting of two power generator units and ancillary relief supplies,
on behalf of IAP Worldwide Services, during the period December 19-23,
2002.  The applicant stated that the cargo is urgently needed to allow
the Army Corps of Engineers to provide emergency power to affected
communities on Guam following severe damage inflicted by a recent
typhoon; that the cargo is too large for transportation on U.S.-carrier
aircraft, and that surface transportation is not feasible because of the
need to restore power to these communities as soon as possible.

Applicant representative: Robert Cohn, Sheryl Israel,<PHONE_NUMBER>
DOT Analyst: George Wellington,<PHONE_NUMBER>

Responsive pleadings: The applicant served its application on those U.S.
carriers operating large all-cargo aircraft.  Each carrier indicated
that it did not have aircraft available to conduct the proposed
operation, and that it had no comment or did not oppose grant of the
requested authority.

Statutory Standards:  Under 49 U.S.C. §40109(g), we may authorize a
foreign air carrier to transport commercial traffic between U.S. points
(i.e., cabotage traffic) only under limited circumstances.
Specifically, we must find that the authority is in the public interest;
that because of an emergency created by unusual circumstances not
arising in the normal course of business, U.S. air carriers holding
certificates under 49 U.S.C. §41102 cannot accommodate the traffic
involved; that all possible efforts have been made to accommodate the
traffic by using the resources of U.S. carriers; and that the authority
is necessary to avoid unreasonable hardship to the traffic involved (an
additional required finding, concerning emergency transportation during
labor disputes, was not relevant here).  For examples of earlier grants
of authority of this type, see, e.g., Order 2001-5-23.

	DISPOSITION

Action:  Approved					Action date:  December 19, 2002

Effective dates of authority granted: December 19 - 25, 2002

Basis for approval:  We found that our action was consistent with all
the relevant criteria of 49 U.S.C. 40109(g) for the grant of an
exemption of this type, and that the grant of this authority was
required in the public interest.  Specifically, we were persuaded that
the damage inflicted on Guam by recent, extraordinary weather
conditions; the need to restore electrical power to affected communities
promptly; and the unique, outsized nature of the cargo; constituted an
emergency not arising in the normal course of business.

Moreover, based on the representations of the U.S. carriers, we
concluded that no U.S. carrier had aircraft available which could be
used to conduct the operation at issue here.  We also found that grant
of this authority would prevent unreasonable hardship to IAP Worldwide
Services, the Army Corps of Engineers, and the affected communities on
Guam.  Finally, we found that the applicant was qualified to perform its
proposed operation (see, e.g., Notice of Action Taken dated August 7,
2001, in Docket OST 1996-1454).

Except to the extent exempted/waived, this authority is subject to our
standard exemption conditions (attached), and to the condition that
Antonov Design Bureau comply with an FAA-approved flight routing for the
authorized flight, and with any requisite Department of Defense
authorizations.

Action taken by:		Read C. Van de Water

			Assistant Secretary for Aviation

			  and International Affairs

An electronic version of this document is available on the World Wide
Web at: http://dms.dot.gov//reports/reports_aviation.asp

												       Appendix A

FOREIGN AIR CARRIER CONDITIONS OF AUTHORITY

In the conduct of the operations authorized, the holder shall:

(1)  Not conduct any operations unless it holds a currently effective
authorization from its homeland for such operations, and it has filed a
copy of such authorization with the Department;

(2)  Comply with all applicable requirements of the Federal Aviation
Administration, including, but not limited to, 14 CFR Parts 129, 91, and
36, and with all applicable U.S. Government requirements concerning
security;1

(3)  Comply with the requirements for minimum insurance coverage
contained in 14 CFR Part 205, and, prior to the commencement of any
operations under this authority, file evidence of such coverage, in the
form of a completed OST Form 6411, with the Federal Aviation
Administration’s Program Management Branch (AFS-260), Flight Standards
Service (any changes to, or termination of, insurance also shall be
filed with that office);

(4)  Not operate aircraft under this authority unless it complies with
operational safety requirements at least equivalent to Annex 6 of the
Chicago Convention;

(5)  Conform to the airworthiness and airman competency requirements of
its Government for international air services;

(6)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR Part 203,
concerning waiver of Warsaw Convention liability limits and defenses;

(7)  Agree that operations under this authority constitute a waiver of
sovereign immunity, for the purposes of 28 U.S.C. 1605(a), but only with
respect to those actions or proceedings instituted against it in any
court or other tribunal in the United States that are:

   (a)  based on its operations in international air transportation
that, according to the contract of carriage, include a point in the
United States as a point of origin, point of destination, or agreed
stopping place, or for which the contract of carriage was purchased in
the United States; or

   (b)  based on a claim under any international agreement or treaty
cognizable in any court or other tribunal of the United States.

In this condition, the term "international air transportation" means
"international transportation" as defined by the Warsaw Convention,
except that all States shall be considered to be High Contracting
Parties for the purpose of this definition;

(8)  Except as specifically authorized by the Department, originate or
terminate all flights to/from the United States in its homeland;

(9)  Comply with the requirements of 14 CFR Part 217, concerning the
reporting of scheduled, nonscheduled, and charter data;

(10) If charter operations are authorized, except as otherwise provided
in the applicable aviation agreement, comply with the Department's rules
governing charters (including 14 CFR Parts 212 and 380); and

(11) Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department, with all applicable orders or regulations of other U.S.
agencies and courts, and with all applicable laws of the United States.

This authority shall not be effective during any period when the holder
is not in compliance with the conditions imposed above.  Moreover, this
authority cannot be sold or otherwise transferred without explicit
Department approval under Title 49 of the U.S. Code (formerly the
Federal Aviation Act of 1958, as amended).

__________________

1  To assure compliance with all applicable U.S. Government requirements
concerning security, the holder should, before commencing any new
service (including charter flights) from a foreign airport that would be
the holder’s last point of departure for the United States, inform its
Principal Security Inspector of its plans.

U.S. Department of Transportation

Office of the Secretary of Transportation						        (41301/40109)
10/2002


[Federal Register Volume 77, Number 23 (Friday, February 3, 2012)]
[Notices]
[Pages 5585-5587]
[FR Doc No: 2012-2433]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 29939; File No. 812-13982]

Northwestern Mutual Series Fund, Inc. and Mason Street Advisors,
LLC; Notice of Application

January 30, 2012.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice of an application under section 6(c) of the Investment
Company

Act of 1940 (``Act'') for an exemption from rule 12d1-2(a) under the
Act.

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

SUMMARY: Summary of Application: Applicants request an order to permit
open-end management investment companies relying on rule 12d1-2 under
the Act to invest in certain financial instruments.
    Applicants: Northwestern Mutual Series Fund, Inc. (``Company'') and
Mason Street Advisors, LLC (``MSA'').

DATES: Filing Dates: The application was filed on November 30, 2011.
Applicants have agreed to file an amendment during the notice period,
the substance of which is reflected in this notice.
    Hearing or Notification of Hearing: An order granting the
application will be issued unless the Commission orders a hearing.
Interested persons may request a hearing by writing to the Commission's
Secretary and serving applicants with a copy of the request, personally
or by mail. Hearing requests should be received by the Commission by
5:30 p.m. on February 24, 2012, and should be accompanied by proof of
service on applicants, in the form of an affidavit or, for lawyers, a
certificate of service. Hearing requests should state the nature of the
writer's interest, the reason for the request, and the issues
contested. Persons who wish to be notified of a hearing may request
notification by writing to the Commission's Secretary.

ADDRESSES: Elizabeth M. Murphy, Secretary, Securities and Exchange
Commission, 100 F Street NE., Washington, DC 20549-1090; Applicants,
720 East Wisconsin Avenue, Milwaukee, Wisconsin 53202.

FOR FURTHER INFORMATION CONTACT: Barbara T. Heussler, Senior Counsel,
at<PHONE_NUMBER>, or Jennifer L. Sawin, Branch Chief, at (202) 551-
6821 (Division of Investment Management, Office of Investment Company
Regulation).

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

Applicants' Representations

    The Company is organized as a Maryland corporation and is
registered under the Act as an open-end management investment company.
MSA, a Delaware limited liability company, is an investment adviser
registered under the Investment Advisers Act of 1940, as amended (the
``Advisers Act'') and currently serves as investment adviser to each
existing Applicant Series (as defined below).
    Applicants request the exemption to the extent necessary to permit
any existing or future series of the Company and any other existing or
future registered open-end investment company or series thereof that
(i) is advised by MSA or any person now or in the future controlling,
controlled by or under common control with MSA (any such adviser or
MSA, an ``Adviser'') \1\; (ii) invests in other registered open-end
investment companies (``Underlying Funds'') in reliance on section
12(d)(1)(G) of the Act; and (iii) is also eligible to invest in
securities (as defined in section 2(a)(36) of the Act) in reliance on
rule 12d1-2 under the Act (each an ``Applicant Series''), to also
invest, to the extent consistent with its investment objectives,
policies, strategies and limitations, in financial instruments that may
not be securities within the meaning of section 2(a)(36) of the Act
(``Other Investments'').\2\ Applicants also request that the order
exempt any entity, including any entity controlled by or under common
control with an Adviser, that now or in the future acts as principal
underwriter, or broker or dealer (if registered under the Securities
Exchange Act of 1934, as amended (``Exchange Act'')), with respect to
the transactions described in the application.
---------------------------------------------------------------------------

    \1\ Any other Adviser will also be registered under the Advisers
Act.
    \2\ Every existing entity that currently intends to rely on the
requested order is named as an applicant. Any existing or future
entity that relies on the requested order will do so only in
accordance with the terms and condition in the application.
---------------------------------------------------------------------------

    Consistent with its fiduciary obligations under the Act, each
Applicant Series' board of directors will review the advisory fees
charged by the Applicant Series' Adviser to ensure that the fees are
based on services provided that are in addition to, rather than
duplicative of, services provided pursuant to the advisory agreement of
any investment company in which the Applicant Series may invest.

Applicants' Legal Analysis

    Section 12(d)(1)(A) of the Act provides that no registered
investment company (``acquiring company'') may acquire securities of
another investment company (``acquired company'') if such securities
represent more than 3% of the acquired company's outstanding voting
stock or more than 5% of the acquiring company's total assets, or if
such securities, together with the securities of other investment
companies, represent more than 10% of the acquiring company's total
assets. Section 12(d)(1)(B) of the Act provides that no registered
open-end investment company may sell its securities to another
investment company if the sale will cause the acquiring company to own
more than 3% of the acquired company's voting stock, or cause more than
10% of the acquired company's voting stock to be owned by investment
companies and companies controlled by them.
    Section 12(d)(1)(G) of the Act provides, in part, that section
12(d)(1) will not apply to securities of an acquired company purchased
by an acquiring company if: (i) The acquired company and acquiring
company are part of the same group of investment companies; (ii) the
acquiring company holds only securities of acquired companies that are
part of the same group of investment companies, government securities,
and short-term paper; (iii) the aggregate sales loads and distribution-
related fees of the acquiring company and the acquired company are not
excessive under rules adopted pursuant to section 22(b) or section
22(c) of the Act by a securities association registered under section
15A of the Exchange Act, or by the Commission; and (iv) the acquired
company has a policy that prohibits it from acquiring securities of
registered open-end investment companies or registered unit investment
trusts in reliance on section 12(d)(1)(F) or (G) of the Act.
    Rule 12d1-2 under the Act permits a registered open-end investment
company or a registered unit investment trust that relies on section
12(d)(1)(G) of the Act to acquire, in addition to securities issued by
another registered investment company in the same group of investment
companies, government securities, and short-term paper: (i) Securities
issued by an investment company that is not in the same group of
investment companies, when the acquisition is in reliance on section
12(d)(1)(A) or 12(d)(1)(F) of the Act; (ii) securities (other than
securities issued by an investment company); and (iii) securities
issued by a money market fund, when the investment is in reliance on
rule 12d1-1 under the Act. For the purposes of rule 12d1-2,
``securities'' means any security as defined in section 2(a)(36) of the
Act.
    Section 6(c) of the Act provides that the Commission may exempt any
person, security, or transaction from any provision of the Act, or from
any rule under the Act, if such exemption is

necessary or appropriate in the public interest and consistent with the
protection of investors and the purposes fairly intended by the
policies and provisions of the Act.
    Applicants state that the Applicant Series will comply with rule
12d1-2 under the Act, but for the fact that the Applicant Series may
invest a portion of their assets in Other Investments. Applicants
request an order under section 6(c) of the Act for an exemption from
rule 12d1-2(a) to allow the Applicant Series to invest in Other
Investments while investing in Underlying Funds. Applicants assert that
permitting the Applicant Series to invest in Other Investments as
described in the application would not raise any of the concerns that
the requirements of section 12(d)(1) were designed to address.

Applicants' Condition

    Applicants agree that any order granting the requested relief will
be subject to the following condition:
    Applicants will comply with all provisions of rule 12d1-2 under the
Act, except for paragraph (a)(2) to the extent that it restricts any
Applicant Series from investing in Other Investments as described in
the application.

    For the Commission, by the Division of Investment Management,
under delegated authority.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-2433 Filed 2-2-12; 8:45 am]
BILLING CODE 8011-01-P


Community Multiscale Air Quality ( CMAQ) Model Documentation 1. CMAQ Science Documents  1999 CMAQ Science Documents: http:// www. epa. gov/ asmdnerl/ models3/ doc/ science/ science. html Detailed description of individual updated science modules are provided under the " Science Modules" subsection.

 2004 CMAQ Documentation Update: A major update of CMAQ Science Document is currently under final review and will be provided as a draft journal article: " Review of the Governing Equations, Computational Algorithms, and Other Components of the Models 3 Community Multiscale Air Quality ( CMAQ) Modeling System" by Daewon Byun and Kenneth Schere which was submitted to the journal Applied Mechanics Reviews in February 2004. Interested parties may obtain a courtesy hardcopy by requesting one via e mail to Kenneth Schere ( schere. kenneth@ epa. gov) at USEPA Office of Research and Development 2. Documentation for CMAS Supported Products Other significant CMAQ documents are provided in public domain in the CMAS website under the following URLs: http:// www. cmascenter. org/ html/ model_ doc. html ( for the purpose of keeping documentation updated):

  Community Multiscale Air Quality ( CMAQ) Modeling Science Document   CMAQ Training Manual ( Users Guide)   Input/ Output Programmers Application Interface ( I/ O API)   CMAQ File Formats Other significant CMAQ documents can also be found under the following URLs:

2002 CMAQ Conference Paper ( updates): http:// www. cmascenter. org/ workshop/ session1/ schere_ abstract. pdf 2003 CMAQ Conference paper ( updates): http:// www. cmascenter. org/ 2003_ workshop/ session1/ pleim_ abstract. pdf


67671 Federal Register / Vol. 68, No. 232 / Wednesday, December 3, 2003 / Notices Remote ( Internet) Listening and Viewing While the November 17, 2003 Notice indicated that the opportunity for live remote listening and viewing of the conference over the Internet would be available for a fee, the opportunity for remote listening and viewing will not be available for the conference. For additional information please contact Jonathan First, 202   502   8529 or by e mail at Jonathan. First@ ferc. gov or William Longenecker, 202   502   8570 or by e mail at William. Longenecker@ ferc. gov.

Magalie R. Salas,

Secretary. [ FR Doc. E3   00421 Filed 12   2   03; 8: 45 am]

BILLING CODE 6717   01   P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [ Docket Nos. ER02   2014   006, ER03   1272   000, EL03   132   000, EL02   101   000]

CLECO Power LLC, Dalton Utilities, Entergy Services, Inc., Georgia Transmission Corporation, JEA, MEAG Power, Sam Rayburn G& T Electric Cooperative, Inc., South Carolina Public Service Authority, Southern Company Services, Inc., City of Tallahassee, Florida; Supplemental Notice of Technical Conference November 25, 2003.

The November 7, 2003 Notice of Technical Conference in this proceeding indicated that a technical conference will be held on December 8   9, 2003 at 10 a. m. This conference will be held at the offices of the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. Parties that will participate by phone should contact Mark Gratchen at ( 202) 502   6274 no later than Wednesday, December 3, 2003. The agenda includes time for open discussion and the Commission wishes to hear from all parties. If any party wishes to make a formal presentation, please contact Mark Gratchen at ( 202) 502   6274 no later than Wednesday, December 3, 2003. The conference will be transcribed. Transcripts will be available to view electronically under the above listed docket numbers seven days after the conference. The agenda for the technical conference is set forth in the Attachment to this notice.

Magalie R. Salas, Secretary.

Technical Conference Agenda December 8, 2003 10 a. m.   12: 30 p. m.   Discussion of Entergy's Generator Operator Limits ( GOL) Procedure Opening Comments and Introduction Entergy presentation summarizing its November 3, 2003 Report on GOLs Questions and Discussion of November 3, 2003 GOL Report This session will include a discussion of Entergy's GOL Report. Topics will be discussed in the following order: The Implementation Period Standard of Review Non Discriminatory Application ( including analytical framework, source data and results/ conclusions) Availability of Transfer Capability Sufficiency of Transfer Capability ( including analytical framework, source data and results/ conclusions) Increased Availability of Transfer Capability ( including analytical framework, source data and results/ conclusions) Potential to Withhold Transfer Capability ( including analytical framework, source data and results/ conclusions). Intervenor Presentations Modifications to GOL Process and Summary of Parties' Positions 12: 30 p. m.   1: 30 p. m.   Lunch 1: 30 p. m.   4 p. m.   Discussion of Entergy's Available Flowgate Capability ( AFC) Proposal Entergy presentation: Overview and steps of AFC process; differences with GOL/ ATC Questions and Discussion of Entergy's AFC Proposal. Topics will be discussed in the following order: Flowgate Criteria: Identification of specific criteria to be used and justification for them. Use of existing studies to identify the base set of flowgates. Specification of and justification for criteria to be used to add and delete monitored flowgates. ( See Entergy's November 12, 2003 response ( November response) to question no. 1 in the Division Director Letter issued in Docket No. ER03 1272 000 on October 22, 2003 ( Division Director Letter).) Base case models and assumptions for AFC process and comparison to GOL process. ( See November response to question no. 3 in the Division Director Letter.) Importance of Response Factors in AFC process and support for Threshold level chosen by Entergy. ( See November response to question nos. 4, 5, and 6 in the Division Director Letter.) Transparency of process, implementation timetable and other issues. ( See November response to question nos. 7, 8, and 9 in the Division Director Letter.)

December 9, 2003 10: 00 p. m.   12: 30 p. m.   Continuation of Discussion on AFCs, if needed; Discussion of Entergy's Weekly Procurement Process ( WPP)   Staff Summary of the Commission Order issued in ER04   35   000 and issues raised.   Entergy's presentation on the WPP I. Overview II. Structure of WPP III. Role of Independent Oversight IV. WPP Products V. Redispatch VI. Interaction with GOLs/ AFCs 12: 30 p. m.   1: 30 p. m.   Lunch 1: 30 p. m.   3: 45 p. m.   Questions and Discussion of Entergy's WPP   Topics will be discussed in the following order; the questions are intended to facilitate discussion and are not limitations to the discussion: 1. Structure of the Weekly Procurement Process   What type of entity is appropriate for managing the WPP? Which entity will manage the WPP? 2. Role of Independent Procurement Monitor ( IPM)   What are the roles, functions, and responsibilities of the IPM? 3. WPP Products including redispatch 4. Effect of WPP on GOLs/ AFCs   What is the effect of the WPP on transfer capabilities? 5. Future Developments   How will AFC and WPP operate within the SeTrans RTO? 3: 45 p. m.   4 p. m.   Closing Remarks [ FR Doc. E3   00429 Filed 12   2   03; 8: 45 am]

BILLING CODE 6717   01   P ENVIRONMENTAL PROTECTION AGENCY [ OPPT   2002   0001; FRL   7336   8]

National Pollution Prevention and Toxics Advisory Committee; Notice of Public Meeting AGENCY: Environmental Protection Agency ( EPA).

VerDate jul< 14> 2003 17: 59 Dec 02, 2003 Jkt 203001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 03DEN1. SGM 03DEN1 67672 Federal Register / Vol. 68, No. 232 / Wednesday, December 3, 2003 / Notices ACTION: Notice.

SUMMARY: Under the Federal Advisory Committee Act ( FACA), 5 U. S. C. App. 2 ( Public Law 92   463), EPA gives notice of a 2   day meeting of the National Pollution Prevention and Toxics Advisory Committee ( NPPTAC). The purpose of the NPPTAC is to provide advice and recommendations to EPA regarding the overall policy and operations of the programs of the Office of Pollution Prevention and Toxics ( OPPT).

DATES: The meeting will be held on January 7, 2004, from 10 a. m. to 5: 30 p. m., and January 8, 2004, from 8: 30 a. m. to noon. Registrations to attend the meeting, identified as NPPTAC January 2004 meeting, must be received on or before December 30, 2003. Registrations will also be accepted at the meeting. Requests to provide oral comments at the meeting, identified as NPPTAC January 2004 meeting, must be received in writing on or before December 22, 2003. Written comments, identified as NPPTAC January 2004 meeting, may be submitted at any time. Written comments received on or before December 22, 2003 will be forwarded to the NPPTAC members prior to or at the meeting. ADDRESSES: The meeting will be held at the Four Points by Sheraton Hotel, 1201 K Street, NW., Washington, DC. For address information concerning registration, the submission of written comments, and requests to present oral comments, refer to Unit I. of the SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: For general information contact: Barbara Cunningham, Director, Environmental Assistance Division ( 7408M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460   0001; telephone number: ( 202) 554   1404; e mail address: TSCAHotline epa. gov. For technical information contact: Mary Hanley, Office of Pollution Prevention and Toxics ( 7401M), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460   0001; telephone number: ( 202) 564   9891; e mail address: npptac. oppt@ epa. gov.

SUPPLEMENTARY INFORMATION:

I. General Information A. Does this Action Apply to Me?

This action is directed to the public in general, and may be of particular interest to those persons who have an interest in or may be required to manage pollution prevention and toxic chemical programs, individuals, groups concerned with environmental justice, children's health, or animal welfare, as they relate to OPPT's programs under the Toxic Substances Control Act ( TSCA) and the Pollution Prevention Act ( PPA). Since other entities may also be interested, the Agency has not attempted to describe all the specific entities that may be interested in the activities of the NPPTAC. If you have any questions regarding the applicability of this action to a particular entity, consult the technical person listed under FOR FURTHER INFORMATION CONTACT. To register to attend the meeting: Preregistration for the January 2004 NPPTAC meeting and requests for special accommodations may be made by visiting the NPPTAC web site at: http:// www. epa. gov/ oppt/ npptac/ meetings. htm. Registration will also be available at the meeting. Special accommodations may also be requested by calling ( 202) 564   9891 and leaving your name and telephone number. To request an opportunity to provide oral comments: You must register first in order to request an opportunity to provide oral comments at the January 2004 NPPTAC meeting. To register visit the NPPTAC web site at: http:// www. epa. gov/ oppt/ npptac/ meetings. htm. If you have problems downloading the registration form, please e mail us at npptac. oppt@ epa. gov or leave a message at ( 202) 564   9891. Please indicate your name and telephone number.

B. How Can I Get Copies of this Document and Other Related Information? 1. Docket. EPA has established an official public docket for this action under docket identification ( ID) number OPPT   2002   0001. The official public docket consists of the documents specifically related to the NPPTAC, any public comments received, and other information related to the NPPTAC. Although a part of the official docket, the public docket does not include Confidential Business Information ( CBI) or other information whose disclosure is restricted by statute. The official public docket is the collection of materials that is available for public viewing at EPA's Docket Center, Rm. B102   Reading Room, EPA West, 1301 Constitution Ave., NW., Washington, DC. EPA's Docket Center is open from 8: 30 a. m. to 4: 30 p. m., Monday through Friday, excluding legal holidays. EPA's Docket Center Reading Room telephone number is ( 202) 566   1744 and the telephone number for the OPPT Docket, which is located in EPA Docket Center, is ( 202) 566   0280. 2. Electronic access. You may access this Federal Register document electronically through the EPA Internet under the `` Federal Register'' listings at http:// www. epa. gov/ fedrgstr/. An electronic version of the public docket is available through EPA's electronic public docket and comment system, EPA Dockets. You may use EPA Dockets at http:// www. epa. gov/ edocket/ to submit or view public comments, access the index listing of the contents of the official public docket, and to access those documents in the public docket that are available electronically. Although not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the docket facility identified in Unit I. B. 1. Once in the system, select `` search,'' then key in the appropriate docket ID number.

C. How and to Whom Do I Submit Comments?

You may submit comments electronically, by mail, or through hand delivery/ courier. To ensure proper receipt by EPA, identify the appropriate docket ID number in the subject line on the first page of your comment. To submit written comments to the docket: Identify the submission as OPPT   2002   0001 docket, NPPTAC January 2004 meeting. Electronically: At http:// www. epa. gov/ edocket/, search for OPPT   2002   0001, and follow the directions to submit comments. By mail: Environmental Protection Agency, EPA Docket Center ( EPA/ DC), OPPT   2002   0001, 7407T, 1200 Pennsylvania Ave., NW., Washington, DC 20460   0001.

II. Background The proposed agenda for the NPPTAC meeting includes: The High Production Volume Challenge Program; Pollution Prevention, Risk Assessment; risk management; risk communication, and coordination with Tribes and other stakeholders. The meeting is open to the public.

III. How Can I Request to Participate in this Meeting?

You may register to attend the meeting by filling out the registration form according to the instructions listed under Unit I. A. Please note that registration will assist in planning adequate seating; however, members of the public can register the day of the meeting, therefore all seating will be VerDate jul< 14> 2003 17: 59 Dec 02, 2003 Jkt 203001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 03DEN1. SGM 03DEN1 67673 Federal Register / Vol. 68, No. 232 / Wednesday, December 3, 2003 / Notices available on a first come, first serve basis. Requests to provide oral comments at the meeting must be submitted in writing on or before December 22, 2003, with a registration form. Please note that time for oral comments will be 2 to 5 minutes per speaker, depending on the number of requests received. Please make sure to indicate in your registration if you require special accommodations. In order to provide special accommodations, the request should be received by December 22, 2003. You may submit written comments to the docket listed under Unit I. B. Written comments can be submitted at any time. If written comments are submitted on or before December 22, 2003, they will be provided to the NPPTAC members prior to or at the meeting. If you provide written comments at the meeting, 35 copies will be needed. Do not submit any information that is considered CBI.

List of Subjects Environmental protection, NPPTAC, Pollution prevention, Toxics, Toxic chemicals, Chemical health and safety.

Dated: November 21, 2003. Charles M. Auer, Director, Office of Pollution, Prevention, and Toxics [ FR Doc. 03   30048 Filed 12   2   03; 8: 45 am]

BILLING CODE 6560   50   S ENVIRONMENTAL PROTECTION AGENCY [ FRL   7592   9]

Chevron Chemical Company Superfund Site; Notice of Proposed Settlement AGENCY: Environmental Protection Agency. ACTION: Notice of proposed settlement.

SUMMARY: Under Section 122( h)( 1) of the Comprehensive Environmental Response, Compensation and Liability Act ( CERCLA), the Environmental Protection Agency ( EPA) has entered into an Agreement for Recovery of Past and Future UAO Response & Oversight Costs ( Agreement) at the Chevron Chemical Company Superfund Site ( Site) located in Orange County, Orlando, Florida, with Chevron Environmental Management Company and Chevron Chemical Company, a division of Chevron U. S. A., Inc. EPA will consider public comments on the Agreement until January 2, 2004. EPA may withdraw from or modify the Agreement should such comments disclose facts or considerations which indicate the Agreement is inappropriate, improper, or inadequate. Copies of the Agreement are available from: Ms. Paula V. Batchelor, U. S. Environmental Protection Agency, Region 4, Superfund Enforcement & Information Management Branch, Waste Management Division, 61 Forsyth Street, SW., Atlanta, Georgia 30303, ( 404) 562   8887. Written comment may be submitted to Greg Armstrong at the above address within 30 days of the date of publication.

Dated: November 17, 2003. Rosalind H. Brown, Chief, Superfund Enforcement & Information, Management Branch, Waste Management Division. [ FR Doc. 03   30045 Filed 12   2   03; 8: 45 am]

BILLING CODE 6560   50   P ENVIRONMENTAL PROTECTION AGENCY [ FRL   7592   6]

Proposed Administrative Cost Settlement Under Section 122( h)( 1) of the Comprehensive Environmental Response, Compensation and Liability Act; In the Matter of Master Metals, Inc. Site, Detroit, MI AGENCY: Environmental Protection Agency. ACTION: Notice; request for public comment.

SUMMARY: In accordance with Section 122( i) of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended (`` CERCLA''), 42 U. S. C. 9622( i), notice is hereby given of a proposed administrative settlement for recovery of response costs concerning the Master Metals Superfund Site, including the Detroit Lead Deposition Screening Project (`` the Site'') in Detroit, Michigan, with six parties: NL Industries, Inc., Honeywell International Inc., Johnson Controls Battery Group, Inc., General Motors Corporation, Ford Motor Company and DaimlerChrysler (`` the settling parties''). The settlement requires the settling parties to: ( 1) Implement the remedies selected in U. S. EPA's action memorandum dated February 5, 2003 and action memorandum dated July 16, 2003 for the Site; ( 2) pay response costs incurred at the Site between November 16, 2001 and the effective date of the settlement (`` interim response costs''), except for the first $ 250,000 of these response costs; ( 3) pay future response costs, including costs of overseeing the work to be performed at the Site. In exchange for the work to be performed and the payments, the United States covenants not to sue or take administrative action pursuant to Sections 106, 107 and 122 of CERCLA, 42 U. S. C. 9606, 9607 and 9622 for the work, interim response costs and future response costs. In addition, the settling parties are entitled to protection from contribution actions or claims as provided by Sections 113( f) and 122( h)( 4) of CERCLA, 42 U. S. C. 9613( f) and 9622( h)( 4), for the work, interim response costs and future response costs incurred at the Site. For thirty ( 30) days after the date of publication of this notice, the Agency will receive written comments relating to the cost recovery provisions of the settlement. The Agency will consider all comments received and may modify or withdraw its consent to the settlement if comments received disclose facts or considerations which indicate that the settlement is inappropriate, improper, or inadequate. The Agency's response to any comments received will be available for public inspection at U. S. EPA's Region 5 Office at 77 West Jackson Boulevard, Chicago, Illinois, 60604, and at the Detroit Public Library, Detroit, MI.

DATES: Comments must be submitted on or before January 2, 2004.

ADDRESSES: The proposed settlement is available for public inspection at EPA's Record Center, 7th floor, 77 W. Jackson Blvd., Chicago, Illinois, 60604. A copy of the proposed settlement may be obtained from Janet Carlson, Associate Regional Counsel, U. S. EPA, Mail Code C   14J, 77 W. Jackson Blvd., Chicago, Illinois, 60604, telephone ( 312) 886   6059. Comments should reference the Master Metals, Inc. Superfund Site, Detroit, Michigan, and EPA Docket No. VW03C754, and should be addressed to Janet Carlson, Associate Regional Counsel, U. S. EPA, Mail Code C   14J, 77 W. Jackson Blvd., Chicago, Illinois, 60604.

FOR FURTHER INFORMATION CONTACT: Janet Carlson, Associate Regional Counsel, U. S. EPA, Mail Code C   14J, 77 W. Jackson Blvd., Chicago, Illinois, 60604, telephone ( 312) 886   6059.

Authority: The Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U. S. C. 9601, et. seq.

Dated: August 19, 2003.

James N. Mayka,

Acting Director, Superfund Division. [ FR Doc. 03   30047 Filed 12   2   03; 8: 45 am]

BILLING CODE 6560   50   P VerDate jul< 14> 2003 17: 59 Dec 02, 2003 Jkt 203001 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 03DEN1. SGM 03DEN1


28214 Federal Register / Vol. 68, No. 100 / Friday, May 23, 2003 / Notices copies of EPA comments can be directed to the Office of Federal activities at ( 202) 564   7167. An explanation of the ratings assigned to draft environmental impact statements ( EISs) was published in FR dated April 01, 2003 ( 68 FR 16511).

Draft EISs ERP No. D   AFS   K65252   CA Rating LO, Combined Array for Research in Millimeter wave Astronomy ( CARMA) Project, Construction, Reconstruction and Operation of 23 Antennas at the Juniper Flat Site, Special Use Permit Issuance, Inyo Mountain, Inyo National Forest, Inyo County, CA. Summary: EPA expressed a lack of objections to this project. ERP No. D   FHW   J40160   ND Rating LO, Liberty Memorial Bridge Replacement Project, Poor and Deteriorating Structural Rehabilitation or Reconstruction, U. S. Coast Guard and U. S. Army COE Section 10 and 404 Permits Issuance, Missouri River, Bismarck and Mandan, ND. Summary: EPA has no environmental concerns or objections to the proposed project. ERP No. D   NPS   L61226   AK Rating LO, Glacier Bay National Park and Preserve Vessel Quotas and Operating Requirements for Cruise Ships and Tour, Charter, and Private Vessels, Implementation, AK. Summary: EPA requested additional information on Environmental Justice and Tribal Consultation be included in the final EIS. ERP No. DS   NPS   E61074   00 Rating LO, Big South Fork National River and Recreation Area, General Management Plan, Implementation, Additional Information concerning Resources, Roads and Trails, McCreary, KY and Fentress, Morgan, Pickett and Scott Counties, TN. Summary: EPA did not identify any potential environmental impacts requiring substantive changes to the proposal.

Final EISs ERP No. F   AFS   K65248   CA North Fork Fire Salvage Project, Harvest Salvage, Merchantable Timber Volume Sale and Sierra National Forest Land and Resource Management Plan, Implementation, Bass Lake Ranger District, Madera County, CA. Summary: No formal comment letter was sent to the preparing agency. ERP No. F   BLM   K60033   NV, Toquop Energy Project, Toquop Land Disposal Amendment to the Caliente Management Framework Plan ( MFP), Construction of a 1,100 megawatt ( MW) Natural Gas Fired Water Cooled Electric Power Generating Plant and Associated Features on Public Lands, Right of Way Grant, Lincoln, Clark and Washoe Counties, NV. Summary: No formal comment letter was sent to the preparing agency. ERP No. F   BLM   L65399   OR, Kelsey Whisky Landscape Management Planning Area, Implementation, Associated Medford District Resource Management Plan Amendments, Josephine and Jackson Counties, OR. Summary: EPA continues to have environmental concerns with several aspects of the plan including needs for: a reduction in the number of miles of roads to be decommissioned or closed; and protection of a botanical transition zone and late succession reserves and important habitat for two endangered bird species. ERP No. F   FTA   E59002   NC, South Corridor Light Rail Project to Provide Light Rail Service between the Town of Pineville and Downtown Charlotte, City of Charlotte, Charlotte Mecklenburg County, NC. Summary: EPA has no objections to the project as proposed.

Dated: May 20, 2003. Joseph C. Montgomery, Director, NEPA Compliance Division, Office of Federal Activities. [ FR Doc. 03   13012 Filed 5   22   03; 8: 45 am]

BILLING CODE 6560   50   P ENVIRONMENTAL PROTECTION AGENCY [ OPP   2003   0185; FRL   7309   6]

The Association of American Pesticide Control Officials/ State FIFRA Issues Research and Evaluation Group AGENCY: Environmental Protection Agency ( EPA). ACTION: Notice.

SUMMARY: The Association of American Pesticide Control Officials ( AAPCO)/ State FIFRA Issues Research and Evaluation Group ( SFIREG) will hold a 2   day meeting, beginning on June 23, 2003 and ending June 24, 2003. This notice announces the location and times for the meeting and sets forth the tentative agenda topics. DATES: The meeting will be held on Monday, June 23, 2003, from 8: 30 a. m. to 5 p. m., and Tuesday, June 24, 2003, from 8: 30 a. m. until noon. ADDRESSES: This meeting will be held at the Doubletree Hotel, 300 Army Navy Drive, Arlington, VA. FOR FURTHER INFORMATION CONTACT: Georgia A. McDuffie, Field and External Affairs Division ( 7506C), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460   0001; telephone number: ( 703) 605   0195; fax number: ( 703) 308   1850; email address: mcduffie. georgia@ epa. gov. Philip H. Gray, SFIREG Executive Secretary, P. O. Box 1249, Hardwick, VT 05843   1249; telephone number: ( 802) 472   6956; fax ( 802) 472   6957; e mail address: aapco@ vtlink. net. SUPPLEMENTARY INFORMATION:

I. General Information A. Does this Action Apply to Me?

This action is directed to the public in general. This action may, however, be of interest to all parties interested in SFIREG's information exchange relationship with EPA regarding important issues related to human health, environmental exposure to pesticides, and insight into EPA's decision making process. Interested parties are invited and encouraged to attend the meetings and participate as appropriate. Since other entities may also be interested, the Agency has not attempted to describe all the specific entities that may be affected by this action. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Additional Information, Including Copies of this Document and Other Related Documents?

1. Docket. EPA has established an official public docket for this action under docket identification ( ID) number OPP   2003   0185. The official public docket consists of the documents specifically referenced in this action, any public comments received, and other information related to this action. Although a part of the official docket, the public docket does not include Confidential Business Information ( CBI) or other information whose disclosure is restricted by statute. The official public docket is the collection of materials that is available for public viewing at the Public Information and Records Integrity Branch ( PIRIB), Rm. 119, Crystal Mall # 2, 1921 Jefferson Davis Hwy., Arlington, VA. This docket facility is open from 8: 30 a. m. to 4 p. m., Monday through Friday, excluding legal holidays. The docket telephone number is ( 703) 305   5805. 2. Electronic access. You may access this Federal Register document electronically through the EPA Internet under the `` Federal Register'' listings at http:// www. epa. gov/ fedrgstr/.

VerDate Jan< 31> 2003 18: 07 May 22, 2003 Jkt 200001 PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 23MYN1. SGM 23MYN1 28215 Federal Register / Vol. 68, No. 100 / Friday, May 23, 2003 / Notices An electronic version of the public docket is available through EPA's electronic public docket and comment system, EPA Dockets. You may use EPA dockets at http:// www. epa. gov/ edocket/ to view public comments, access the index listing of the contents of the official public docket, and to access those documents in the public docket that are available electronically. Although not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the docket facility identified in Unit I. B. 1. Once in the system, select `` search,'' then key in the appropriate docket ID number.

II. Tentative Agenda This unit provides tentative agenda topics for the 2   day meeting. 1. Certification issues/ Americans with Disabilities Act ( ADA), written tests, and language challenges. 2. CCA treated wood/ status of cancellation/ risk assessments and disposal issues. 3. Anti microbials efficacy/ compliance issues. 4. Post application liability/ enforcement issues. 5. Certification Training Assessment Group ( CTAG) activities/ initiatives. 6. AAPCO/ SFIREG State Survey/ Grants and State Funding/ update. 7. Worker Protection Standard ( WPS) Program Element Review Report. 8. Endangered Species Program/ FR Notice comments update. 9. Label restrictions for applications of pesticides in greenhouses. 10. Check sample program/ status of States participation/ current issues. 11. Reports from SFIREG Regional Representatives and Working Committee Chairs. 12. Issues papers/ action items. 13. Update on current Office of Pesticide Programs activities. 14. Update on current Office of Enforcement and Compliance Assurance activities. 15. Other topics, as appropriate.

List of Subjects Environmental protection, Pesticide pests.

Dated: May 15, 2003. Jay S. Ellenberger, Associate Director, Field and External Affairs Division, Office of Pesticide Programs. [ FR Doc. 03   13004 Filed 5   22   03; 8: 45 am]

BILLING CODE 6560   50   S ENVIRONMENTAL PROTECTION AGENCY [ FRL   7502   8]

Science Advisory Board; Notification of Public Advisory Committee Meeting; Executive Committee Teleconference AGENCY: Environmental Protection Agency ( EPA). ACTION: Notice.

SUMMARY: The Environmental Protection Agency ( EPA), Science Advisory Board ( SAB) Executive Committee ( EC), a Federal Advisory Committee, will hold a public teleconference meeting on the date and time given below to consider potential self initiated projects for FY2004. DATES: The conference call meeting will take place June 10, 2003 from 11 a. m. to 2 p. m. ( EST). Requests for oral comments, as well as submission of written comments must be received by June 4, 2003. Please see further details below. ADDRESSES: The conference call will take place via telephone only. FOR FURTHER INFORMATION CONTACT: Any member of the public wishing further information concerning this meeting or wishing to submit comments must contact Mr. A. Robert Flaak, Acting Deputy Director and Designated Federal Officer, EPA Science Advisory Board; Telephone ( 202) 564   4546; Fax ( 202) 501   0582; or via e mail at flaak. robert@ epa. gov. To pre register for the teleconference and obtain the phone number and access code, please contact Ms. Betty Fortune, EPA Science Advisory Board; Telephone ( 202) 564   4533, Fax ( 202) 501   0323; or via e mail at: fortune. betty@ epa. gov. General information about the EPA Science Advisory Board, may be found on the SAB Web site ( http:// www. epa. gov/ sab). SUPPLEMENTARY INFORMATION: 1. Summary: Pursuant to the Federal Advisory Committee Act, Public Law 92   463, notice is hereby given that the Executive Committee ( EC) of the U. S. EPA Science Advisory Board ( SAB) will hold a public teleconference meeting to conduct an initial screening of proposed self initiated projects for FY2004. These projects, along with projects submitted by the Agency, will be considered further by the Executive Committee at a meeting scheduled for July 16   17, 2003, and will be used to establish the SAB's Operating Plan for FY2004. Self initiated projects are scientific and technical projects developed by committees of the Board for review or consideration, with any advice developed subsequently forwarded to the Agency. Self initiated projects are proposed outside of the normal mechanism of Agency requested consultations, advisories, and peer reviews, and typically address critical needs for anticipatory or cross cutting scientific/ technical advice. In an average year, the Board conducts a small number of self initiated projects. The interested public may attend this teleconference meeting through a telephonic link, to the extent that lines are available. Pre registration is necessary. Additional instructions about how to participate in the conference are given above. 2. Requests for Comment: Requests for oral comments must be in writing ( email fax or mail) and received by Mr. Flaak no later than noon Eastern Standard Time on June 4, 2003. Written comments should also be sent to Mr. Flaak prior to the meeting. Submission of written comments by e mail to Mr. Flaak will maximize the time available for review by the EC. 3. Availability of Review Materials: Descriptions of these self initiated projects will be available on the SAB Web site no later than June 2, 2003, at: ( http:// www. epa. gov/ sab/ whatsnew. htm). 4. General Guidance on Providing Oral or Written Comments at SAB Meetings: It is the policy of the EPA Science Advisory Board to accept written public comments of any length, and to accommodate oral public comments whenever possible. The EPA Science Advisory Board expects that public statements presented at its meetings will not be repetitive of previously submitted oral or written statements. Oral Comments: In general, each individual or group requesting an oral presentation at a face to face meeting will be limited to a total time of ten minutes ( unless otherwise indicated above). For teleconference meetings, opportunities for oral comment will usually be limited to no more than three minutes per speaker and no more than fifteen minutes total. Deadlines for getting on the public speaker list for a meeting are given above. Speakers should bring at least 35 copies of their comments and presentation slides for distribution to the reviewers and public at the face toface meetings. Written Comments: Although the SAB accepts written comments until the date of the meeting ( unless otherwise stated), written comments should be received in the SAB Staff Office at least one week prior to the meeting date so that the comments may be made available to the VerDate Jan< 31> 2003 18: 07 May 22, 2003 Jkt 200001 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 23MYN1. SGM 23MYN1


[Federal Register: March 13, 2006 (Volume 71, Number 48)]
[Proposed Rules]
[Page 12660-12661]
[DOCID:fr13mr06-14]

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ENVIRONMENTAL PROTECTION AGENCY

48 CFR Parts 1532 and 1552

[FRL-8044-3]

EPAAR Prescription and Clause--Simplified Acquisition Procedures
Financing

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to revise the EPA Acquisition Regulation
(EPAAR) Subparts 1532 and 1552 to implement a procedure for simplified
acquisition procedures financing. This proposed EPAAR revision will add
a prescription and clause for contracting officers to use when
approving advance or interim payments on simplified acquisitions. The
proposed prescription and clause apply to commercial item orders at or
below the simplified acquisition threshold. This action revises the
EPAAR, but does not impose any new requirements on Agency contractors.
The procedure will allow contractors to invoice for advance and interim
payments in accordance with standard commercial practices when
authorized by the contracting officer and identified in the clause
payment schedule.

DATES: Interested parties should submit comments in writing on or
before May 12, 2006.

ADDRESSES: Submit your comments, identified by Docket ID No. OARM-2006-
0126, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.

Follow the on-line instructions for submitting comments.
     Agency Web site: http://www.epa.gov/edocket. EDOCKET,

EPA's electronic public docket and comment system, is EPA's preferred
method for receiving comments. Follow the on-line instructions for
submitting comments.
     E-mail<EMAIL_ADDRESS>     Surface Mail: EPA Docket Center, Environmental Protection
Agency, Mailcode: 28221T, 1200 Pennsylvania Ave., NW., Washington, DC
20460. Attention Docket ID No. OARM-2006-0126.
    Instructions: Direct your comments to Docket ID No. EPA's policy is
that all comments received will be included in the public docket
without change and may be made available online at http://www.epa.gov/edocket
, including any personal information provided, unless the

comment includes information claimed to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Do not submit information that you consider to be CBI or
otherwise protected through EDOCKET, regulations.gov, or e-mail. The
EPA EDOCKET and the federal regulations.gov Web sites are ``anonymous
access'' systems, which means EPA will not know your identity or
contact information unless you provide it in the body of your comment.
If you send an e-mail comment directly to EPA without going through
EDOCKET or regulations.gov, your e-mail address will be automatically
captured and included as part of the comment that is placed in the
public docket and made available on the Internet. If you submit an
electronic comment, EPA recommends that you include your name and other
contact information in the body of your comment and with any disk or
CD-ROM you submit. If EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, EPA may not be
able to consider your comment. Electronic files should avoid the use of
special characters, any form of encryption, and be free of any defects
or viruses. For additional information about EPA's public docket visit
EDOCKET on-line or see the Federal Register of May 31, 2002 (67 FR
38102).
    Docket: All documents in the docket are listed in the EDOCKET index
at http://www.epa.gov/edocket. Although listed in the index, some

information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in EDOCKET or in hard
copy at the OEI Docket, EPA/DC, EPA West, Room B102, 1301 Constitution
Ave., NW., Washington, DC. The Public Reading Room is open from 8:30
a.m. to 4:30 p.m., Monday through Friday,

excluding legal holidays. The telephone number for the Public Reading
Room is<PHONE_NUMBER>, and the telephone number for the OEI Docket is
(202) 566-1752).

FOR FURTHER INFORMATION CONTACT: Tiffany Schermerhorn, Policy, Training
and Oversight Division, Office of Acquisition Management, Mail Code
3802R, Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460; e-mail address<EMAIL_ADDRESS>
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. General Information

    The proposed EPAAR additions are necessary so that contracting
officers may provide simplified acquisition procedures financing that
is appropriate or customary in the commercial marketplace when
purchasing commercial items at or below the simplified acquisition
threshold. It does not impose any new requirements regarding submission
of invoices or vouchers since Agency contractors currently submit
invoices or vouchers for payment of orders. The EPAAR changes are
consistent with the Federal Acquisition Regulation.

II. Statutory and Executive Order Reviews

A. Executive Order 12866

    It has been determined that this rule is not a ``significant
regulatory action'' under the terms of Executive Order 12866 and is
therefore not subject to OMB review.

B. Paperwork Reduction Act

    This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
This rule does not impose any new information collection or other
requirements on Agency contractors.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedure Act or any other statute unless the agency certifies that the
rule will not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small organizations, and small governmental jurisdictions.
    For purposes of assessing the impacts of today's rule on small
entities, small entity is defined as: (1) A small business as defined
by the Small Business Administration's (SBA) regulations at 13 CFR
121.201; (2) a small governmental jurisdiction that is a government of
a city, county, town, school district or special district with a
population of less than 50,000; and (3) a small organization that is
any not-for-profit enterprise which is independently owned and operated
and is not dominant in its field.
    After considering the economic impacts of today's proposed rule on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. This
proposed rule will not impose any new requirements on small entities.

List of Subjects in 48 CFR Parts 1532 and 1552

    Government procurement.

    Dated: February 15, 2006.
Judy S. Davis,
Director, Office of Acquisition Management.

    For the reasons set forth in the Preamble, Chapter 15 of Title 48
Code of Federal Regulations, parts 1532 and 1552 are proposed to be
amended as follows:
    1. The authority citation for 48 CFR parts 1532 and 1552 continues
to read as follows:

    Authority: Sec. 205(c), 63 Stat. 390 as amended, 40 U.S.C.
486(c).

PART 1532--CONTRACT FINANCING

    2. Add section 1532.003 to read as follows.

1532.003  Simplified acquisition procedures financing.

    (a) Scope. This subpart provides for authorization of advance and
interim payments on commercial item orders not exceeding the simplified
acquisition threshold. Advance payments are payments that are made
prior to performance. Interim payments are payments that are made
during the order period according to a payment schedule.
    (b) Procedures for micropurchases. Contracting officers may
authorize advance and interim payments on orders for commercial items
only at or below the micro-purchase threshold.
    (c) Procedures for purchases exceeding micropurchase threshold.
Contracting officers must secure approval at one level above the
contracting officer, on a case-by-case basis, for advance and interim
payments on orders for commercial items exceeding the micropurchase
threshold and not exceeding the simplified acquisition threshold. The
contracting officer shall submit a recommendation for approval of
financing terms, along with the supporting rationale for the action, to
one level above the contracting officer. Simplified acquisition
contracting officers (SACO) shall forward recommendations through their
OAM Advisors to one level above the contracting officer.
    (d) Supporting rationale. Regardless of dollar value, the
contracting officer shall document the file with supporting rationale
demonstrating that the purchase meets the conditions of FAR 32.202-
1(b)(1), (3) and (4).
    (e) Administration. Regardless of dollar value, the contracting
officer is responsible for ensuring that supplies or services have been
delivered. The contracting officer shall document the file with
evidence of receipt of supplies or services throughout the order period
as appropriate to the acquisition.
    (f) Clause. The contracting officer shall insert the clause at
1552.232-74, Payments--Simplified Acquisition Procedures Financing, in
solicitations and orders that will provide simplified acquisition
procedures financing.

PART 1552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    3. Add section 1552.232-74 to read as follows.

1552.232-74  Payments--Simplified Acquisition Procedures Financing.

    As prescribed in 1532.003, insert the following clause in
solicitations and orders that will provide simplified acquisition
procedures financing.

PAYMENTS--SIMPLIFIED ACQUISITION PROCEDURES FINANCING (XXX 2006)

    Simplified acquisition procedures financing in the form of ----
-------- [contracting officer insert advance (prior to performance)
and/or interim (according to payment schedule] payment(s) will be
provided under this commercial item order in accordance with the
payment schedule below. If both advance and interim payments are to
be made, the payment schedule shown below will specify the type of
payment provided for each line item.
    The Government shall pay the contractor as follows upon the
submission of invoices or vouchers approved by the project officer:
----------------[insert payment schedule].

[FR Doc. E6-3518 Filed 3-10-06; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 142 (Tuesday, July 24, 2018)]
[Rules and Regulations]
[Pages 34948-34949]
[FR Doc No: 2018-15757]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2018-0703]

Safety Zone; Fleet Week Maritime Festival, Pier 66, Elliot Bay,
Seattle, Washington

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce the Fleet Week Maritime
Festival's Pier 66 Safety Zone in Elliott Bay, WA on July 31, 2018.
This action is necessary to promote the safety of personnel, vessels
and the marine environment on navigable waters. During the enforcement
period, entry into, transit through, mooring, or anchoring within this
safety zone is prohibited unless authorized by the Captain of the Port,
Puget Sound, or her designated representative.

DATES: The regulations in 33 CFR 165.1330 will be enforced from 8 a.m.
until 8 p.m. on July 31, 2018.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
notice of enforcement, call or email Petty Officer Zachary Spence,
Sector Puget Sound Waterways Management Division, U.S. Coast Guard;
telephone<PHONE_NUMBER>, email [email protected].

SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety zone
for the Fleet Week Maritime Festival in 33 CFR 165.1330, as amended by
Temporary Final Rule (Docket Number USCG-2018-0656), from 8 a.m. until
8 p.m. on July 31, 2018 to ensure the safe completion of the Parade of
Ships and associated aerial demonstrations. For the purpose of this
notice of enforcement, the Parade of Ships includes both the pass and
review of the ships near Pier 66 and the aerial demonstrations
immediately before the pass and review. The Captain of the Port may be
assisted by other federal, state, or local agencies as needed.

    In accordance with the general regulations in 33 CFR part 165,
subpart C, no vessel operator may enter, transit, moor, or anchor
within this safety zone, except for vessels authorized by the Captain
of the Port, Puget Sound or her designated representative. All vessel
operators desiring entry into this safety zone shall gain prior
authorization by contacting either the on-scene patrol craft on VHF Ch.
13 or Ch. 16, or Coast Guard Sector Puget Sound Joint Harbor Operations
Center (JHOC) via telephone at<PHONE_NUMBER>. Vessel operators granted
individual permission to enter this safety zone will be escorted by the
on-scene patrol until no longer within the safety zone.
    In addition to this notice of enforcement in the Federal Register,
the Coast Guard will provide the maritime community with advanced
notification of the safety zone via the Local Notice to Mariners and
marine information broadcasts. If the Captain of the Port determines
that the regulated area need not be enforced for the full duration
stated in this notice of enforcement, he may use a Broadcast Notice to
Mariners to grant general permission to enter the regulated area.

    Dated: July 18, 2018.
M.M. Balding,
Captain, U.S. Coast Guard, Acting Captain of the Port, Puget Sound.
[FR Doc. 2018-15757 Filed 7-23-18; 8:45 am]
 BILLING CODE 9110-04-P