[Federal Register: October 24, 2007 (Volume 72, Number 205)]
[Rules and Regulations]
[Page 60240-60243]
[DOCID:fr24oc07-7]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-27927; Directorate Identifier 2006-NM-182-AD;
Amendment 39-15239; AD 2007-22-03]
RIN 2120-AA64

Airworthiness Directives; Airbus Model A300 Series Airplanes

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

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for all
Airbus Model A300 series airplanes. This AD requires revising the
Airworthiness Limitations Section of the Instructions for Continued
Airworthiness to incorporate new limitations for fuel tank systems.
This AD results from fuel system reviews conducted by the manufacturer.
We are issuing this AD to prevent the potential of ignition sources
inside fuel tanks, which, in combination with flammable fuel vapors
caused by latent failures, alterations, repairs, or maintenance
actions, could result in fuel tank explosions and consequent loss of
the airplane.

DATES: This AD becomes effective November 28, 2007.
    The Director of the Federal Register approved the incorporation by
reference

of a certain publication listed in the AD as of November 28, 2007.

ADDRESSES: For service information identified in this AD, contact
Airbus, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov
; or in person at the Docket Management Facility

between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this AD, the regulatory evaluation,
any comments received, and other information. The address for the
Docket Office (telephone<PHONE_NUMBER>) is the Document Management
Facility, U.S. Department of Transportation, Docket Operations, M-30,
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Tom Stafford, Aerospace Engineer,
International Branch, ANM-116, FAA, Transport Airplane Directorate,
1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone (425)
227-1622; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14
CFR part 39 to include an AD that would apply to all Airbus A300 series
airplanes. That NPRM was published in the Federal Register on April 20,
2007 (72 FR 19823). That NPRM proposed to require revising the
Airworthiness Limitations Section (ALS) of the Instructions for
Continued Airworthiness to incorporate new limitations for fuel tank
systems.

Actions Since NPRM Was Issued

    After we issued the NPRM, Airbus published the A300 Fuel
Airworthiness Limitations, Document 95A.1928/05, Issue 2, dated May 11,
2007 (approved by the European Aviation Safety Agency (EASA) on July 6,
2007) (hereafter referred to as ``Document 95A.1928/05''). In the NPRM,
we referred to Issue 1 of Document 95A.1928/05, dated December 19,
2005, as the appropriate source of service information for
accomplishing the actions proposed in the NPRM. The fuel airworthiness
limitations (FALs) specified in Issue 2 of Document 95A.1928/05 are the
same as those in Issue 1 of Document 95A.1928/05. Airbus has revised
certain task titles in Section 1 of Issue 2 of Document 95A.1928/05 and
has clarified the applicability and corrected certain airplane
maintenance manual (AMM) references in Section 2 of the document.
Therefore, we have revised this AD by referring to Issue 2 of Document
95A.1928/05 as the appropriate source of service information.
    After we issued the NPRM, EASA issued airworthiness directive 2007-
0094 R1 dated May 2, 2007, to correct certain compliance times; our
NPRM included the correct compliance times, which we explained as
differences between the NPRM and EASA airworthiness directive 2006-
0200, dated July 11, 2006. The compliance times in this AD already
correspond with the compliance times of EASA airworthiness directive
2007-0094 R1. Therefore, we have revised paragraph (k) of this AD to
refer to EASA airworthiness directive 2007-0094 R1.
    After we issued the NPRM, Airbus published Operator Information
Telex (OIT) SE 999.0079/07, Revision 01, dated August 14, 2007, to
identify the applicable sections of the Airbus A300 AMM necessary for
accomplishing the tasks specified in Section 1 of Document 95A.1928/05.
We have added a note to paragraph (f) of this AD to refer to that OIT.

Comments

    We provided the public the opportunity to participate in the
development of this AD. We have considered the comments received.

Request To Clarify the Initial Compliance Time

    TradeWinds Airlines requests that we revise paragraph (f) of the
NPRM to clarify that the ``INTERVAL'' values specified in Section 1 of
Document 95A.1928/05 are also the initial threshold values. The
commenter states that it is unclear whether the initial compliance
times are the interval values.
    We agree that the values specified in the ``INTERVAL'' column of
the ``MAINTENANCE/INSPECTION TASKS'' table in Section 1 of Document
95A.1928/05 should be used as the initial compliance time, as well as
the repetitive interval. We have also clarified the compliance time in
paragraph (f) of this AD by adding the word ``thereafter'' to more
clearly state that `` * * * the repetitive inspections must be
accomplished thereafter * * *.''

Request To Revise ``Relevant Service Information'' Section

    Airbus requests that we revise the ``Relevant Service Information''
section to state that ``Section 1, `Maintenance/Inspection Tasks,' of
Document 95A.1928/05 describes certain FAL inspections, which are
periodic inspections of certain features for latent failures that could
contribute to a fire.'' In the NPRM, we specified that the latent
failures could contribute to an ignition source. As justification,
Airbus states that not all three tasks identified in Section 1 of
Document 95A.1928/05 contribute to minimizing the risk of an ignition
source: Only Task 3 minimizes the risk of an ignition source, while
Tasks 1 and 2 minimize the occurrence of a combustible environment. We
agree with Airbus's statements. However, we have not revised this AD in
this regard since the ``Relevant Service Information'' section is not
retained in a final rule.

Request To Revise the Unsafe Condition

    Airbus states that it does not agree that there is an unsafe
condition on Model A300 series airplanes, prior to accomplishing the
maintenance/inspection tasks in Section 1 of Document 95A.1928/05.
Airbus agrees that performing these tasks contributes to minimizing the
risk of either an ignition source (Task 3) or the occurrence of a
combustible environment (Tasks 1 and 2). In regard to the critical
design configuration control limitations (CDCCLs), Airbus states that
no unsafe condition exists at delivery, and that no unsafe condition
will develop provided that operators observe the CDCCLs after delivery.
Airbus further states that the CDCCLs are introduced to reduce the risk
that an operator may inadvertently alter the design or installation,
thus introducing a less safe configuration.
    We infer Airbus would like us to revise the unsafe condition in
this AD to incorporate its comments. We do not agree to revise the
unsafe condition of this AD. Fuel airworthiness limitations (FALs) are
items arising from a systems safety analysis that have been shown to
have failure modes associated with an unsafe condition, as defined in
FAA Memorandum 2003-112-15, ``SFAR 88--Mandatory Action Decision
Criteria,'' dated February 25, 2003. These FALs are identified in
failure conditions for which an unacceptable probability of ignition
risk could exist if specific tasks or practices or both are not
performed in accordance with a manufacturer's requirements. As Airbus
notes, if an operator does not observe the CDCCLs after delivery, then
an unsafe condition could occur. For this reason we must mandate
Document 95A.1928/05 to ensure the CDCCLs are observed. We have not
changed this AD in this regard.

Requests To Clarify the Requirements of Paragraph (h)

    Airbus requests that we revise paragraph (h) of the NPRM to state
that operators are required to update their internal procedures and
documentation to ensure appropriate management and control of the
CDCCLs specified in Section 2 of Document 95A.1928/05. Airbus states
that paragraph (h) of the NPRM is unclear about what an operator is
expected to do with the CDCCLs. Airbus further states that paragraph
(h) of the NPRM tells operators to add the CDCCLs to the ALS, but
Airbus states that it has already done so for operators. Airbus also
states that the ALS is part of the type certification (TC)
documentation and is not changed by operators. TradeWinds Airlines
requests that we provide guidance as to what is acceptable for
compliance with the requirements of paragraph (h) of the NPRM.
TradeWinds Airlines states that simply listing the CDCCLs in a
maintenance schedule would have little or no effect on preserving
critical ignition source prevention features. The commenter further
states that the Airbus A300 AMM would be the source of the approved
data for accomplishing the tasks related to the CDCCLs, and that
revisions to the AMM would be sufficient for providing instruction to
retain the critical ignition source prevention features.
    Although we understand Airbus's concerns and welcome any feedback
that would improve the readability or usability of an AD, the suggested
language is too vague to be legally enforceable, so we cannot use it in
this AD. We understand that Airbus has revised its airworthiness
limitations document. However, according to section 39.7 of the Federal
Aviation Regulations (14 CFR 39.7), no person may operate a product
unless the requirements of an applicable AD have been met. The burden
is placed on the operator, not on the manufacturer, to ensure that the
requirements of an AD are met. The requirement, as stated in the NPRM,
is for the operator to revise its copy of the airworthiness limitations
document. This ensures that each affected operator maintains a current
copy of the required airworthiness limitations.
    Concerning Airbus's statement that paragraph (h) of the NPRM does
not clearly specify what an operator is expected to with the CDCCLs, we
clarify that paragraph (h) requires affected operators to revise their
copies of the airworthiness limitations document to include the CDCCL
requirements. This is the only requirement imposed under this AD for
CDCCLs; once this revision has been accomplished, compliance with
paragraph (h) of this AD has been completed. Subsequently, section
91.403(c) of the Federal Aviation Regulations (14 CFR 91.403(c))
requires an affected operator to comply with the revised Airworthiness
Limitations document. Ensuring that one's maintenance program and the
actions of its maintenance personnel are in accordance with the
Airworthiness Limitations is required, but not by the AD. According to
14 CFR 91.403(c), no person may operate an aircraft for which
airworthiness limitations have been issued unless those limitations
have been complied with. Therefore, there is no need to further expand
the requirements of the AD beyond that which was proposed because 14
CFR 91.403(c) already imposes the appropriate required action after the
airworthiness limitations are revised. We have not changed this AD in
this regard.

Request To Cite Airbus ALS Part 5

    Airbus disagrees with the statement that it has not yet published a
document titled, ``Airbus ALS Part 5, Fuel Airworthiness Limitations,''
for Model A300 series airplanes. We made that statement in the
``Clarification of Service Information'' section of the NPRM. Airbus
acknowledges that Document 95A.1928/05 has not yet been written in the
ALS Part 5 format, but that it intends to do so after Issue 2 of
Document 95A.1928/05 has been approved. Airbus states that EASA
airworthiness directive 2007-0094 R1 correctly refers to Document
95A.1928/05, since that document contains the actual limitations.
    We infer that Airbus requests we revise paragraphs (f) and (h) of
this AD to incorporate the information in `` * * * Airbus ALS Part 5,
Fuel Airworthiness Limitations, as defined in Airbus A300 Fuel
Airworthiness Limitations, Document 95A.1928/05. * * *'' We agree that
the relevant fuel airworthiness limitations are specified in Document
95A.1928/05. In review of the service information Airbus has published
on-line, we could not find any document titled ``Airbus ALS Part 5,
Fuel Airworthiness Limitations.'' The Office of the Federal Register
(OFR) requires that we incorporate by reference all the documents that
are necessary for accomplishing the requirements of this AD. Further,
we are required to cite the document title exactly as it appears on the
document. Since the limitations are in Document 95A.1928/05, we do not
need to refer to Airbus ALS Part 5. We have not changed this AD in this
regard.

Conclusion

    We have carefully reviewed the available data, including the
comments received, and determined that air safety and the public
interest require adopting the AD with the changes described previously.
We have determined that these changes will neither increase the
economic burden on any operator nor increase the scope of the AD.

Costs of Compliance

    This AD affects about 30 airplanes of U.S. registry. The required
actions take about 2 work hours per airplane, at an average labor rate
of $80 per work hour. Based on these figures, the estimated cost of the
AD for U.S. operators is $4,800, or $160 per airplane.

Authority for This Rulemaking

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

Regulatory Findings

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

under the criteria of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket. See the ADDRESSES
section for a location to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The Federal Aviation Administration (FAA) amends Sec.  39.13 by
adding the following new airworthiness directive (AD):

2007-22-03 Airbus: Amendment 39-15239. Docket No. FAA-2007-27927;
Directorate Identifier 2006-NM-182-AD.

Effective Date

    (a) This AD becomes effective November 28, 2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to all Airbus Model A300 series airplanes,
certificated in any category, except Airbus Model A300-600 series
airplanes.

    Note 1: This AD requires revisions to certain operator
maintenance documents to include new inspections and critical design
configuration control limitations (CDCCLs). Compliance with the
operator maintenance documents is required by 14 CFR 91.403(c). For
airplanes that have been previously modified, altered, or repaired
in the areas addressed by these inspections and CDCCLs, the operator
may not be able to accomplish the inspections and CDCCLs described
in the revisions. In this situation, to comply with 14 CFR
91.403(c), the operator must request approval for an alternative
method of compliance according to paragraph (j) of this AD. The
request should include a description of changes to the required
inspections and CDCCLs that will preserve the critical ignition
source prevention feature of the affected fuel system.

Unsafe Condition

    (d) This AD results from fuel system reviews conducted by the
manufacturer. We are issuing this AD to prevent potential of
ignition sources inside fuel tanks, which, in combination with
flammable fuel vapors caused by latent failures, alterations,
repairs, or maintenance actions, could result in fuel tank
explosions and consequent loss of the airplane.

Compliance

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

Revise Airworthiness Limitations Section (ALS) To Incorporate Fuel
Maintenance and Inspection Tasks

    (f) Within 3 months after the effective date of this AD, revise
the ALS of the Instructions for Continued Airworthiness to
incorporate Airbus A300 Fuel Airworthiness Limitations, Document
95A.1928/05, Issue 2, dated May 11, 2007 (approved by the European
Aviation Safety Agency (EASA) on July 6, 2007), Section 1,
``Maintenance/Inspection Tasks.'' For all tasks identified in
Section 1 of Document 95A.1928/05, the initial compliance times
start from the later of the times specified in paragraphs (f)(1) and
(f)(2) of this AD, and the repetitive inspections must be
accomplished thereafter at the intervals specified in Section 1 of
Document 95A.1928/05, except as provided by paragraph (g) of this
AD.
    (1) The effective date of this AD.
    (2) The date of issuance of the original French standard
airworthiness certificate or the date of issuance of the original
French export certificate of airworthiness.

    Note 2: Airbus Operator Information Telex SE 999.0079/07,
Revision 01, dated August 14, 2007, identifies the applicable
sections of the Airbus A300 airplane maintenance manual necessary
for accomplishing the tasks specified in Section 1 of Document
95A.1928/05.

Initial Compliance Time for Task 28-18-00-03-1

    (g) For Task 28-18-00-03-1 identified in Section 1 of Document
95A.1928/05, ``Maintenance/Inspection Tasks,'' of Airbus A300 Fuel
Airworthiness Limitations, Document 95A.1928/05, Issue 2, dated May
11, 2007 (approved by the EASA on July 6, 2007): The initial
compliance time is the later of the times specified in paragraphs
(g)(1) and (g)(2) of this AD. Thereafter, Task 28-18-00-03-1 must be
accomplished at the repetitive interval specified in Section 1 of
Document 95A.1928/05.
    (1) Prior to the accumulation of 40,000 total flight hours.
    (2) Within 72 months or 20,000 flight hours after the effective
date of this AD, whichever occurs first.

Revise ALS To Incorporate CDCCLs

    (h) Within 12 months after the effective date of this AD, revise
the ALS of the Instructions for Continued Airworthiness to
incorporate Airbus A300 Fuel Airworthiness Limitations, Document
95A.1928/05, Issue 2, dated May 11, 2007 (approved by the EASA on
July 6, 2007), Section 2, ``Critical Design Configuration Control
Limitations.''

No Alternative Inspections, Inspection Intervals, or CDCCLs

    (i) Except as provided by paragraph (j) of this AD: After
accomplishing the actions specified in paragraphs (f) and (h) of
this AD, no alternative inspections, inspection intervals, or CDCCLs
may be used.

Alternative Methods of Compliance (AMOCs)

    (j)(1) The Manager, International Branch, ANM-116, Transport
Airplane Directorate, FAA, has the authority to approve AMOCs for
this AD, if requested in accordance with the procedures found in 14
CFR 39.19.
    (2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your appropriate principal inspector (PI) in the FAA
Flight Standards District Office (FSDO), or lacking a PI, your local
FSDO.

Related Information

    (k) EASA airworthiness directive 2007-0094 R1, dated May 2,
2007, also addresses the subject of this AD.

Material Incorporated by Reference

    (l) You must use Airbus A300 Fuel Airworthiness Limitations,
Document 95A.1928/05, Issue 2, dated May 11, 2007, to perform the
actions that are required by this AD, unless the AD specifies
otherwise. The Director of the Federal Register approved the
incorporation by reference of this document in accordance with 5
U.S.C. 552(a) and 1 CFR part 51. Contact Airbus, 1 Rond Point
Maurice Bellonte, 31707 Blagnac Cedex, France, for a copy of this
service information. You may review copies at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, Washington; or
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-
741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html
.

    Issued in Renton, Washington, on October 15, 2007.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
 [FR Doc. E7-20820 Filed 10-23-07; 8:45 am]

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[Federal Register: March 9, 2009 (Volume 74, Number 44)]
[Notices]
[Page 10096]
[DOCID:fr09mr09-83]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

Maritime Advisory Committee for Occupational Safety and Health
(MACOSH)

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

ACTION: MACOSH meeting, notice of.

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SUMMARY: The Maritime Advisory Committee for Occupational Safety and
Health (MACOSH) was established to advise the Assistant Secretary of
Labor for OSHA on issues relating to occupational safety and health in
the maritime industries. The purpose of this Federal Register notice is
to announce the MACOSH meeting scheduled for March 2009.

DATES: The Committee will meet on March 24, 2009, from 8:30 a.m. to 5
p.m.

ADDRESSES: The Committee will meet at the U.S. Department of Labor, 200
Constitution Avenue, NW., Washington, DC 20210. On Tuesday, March 24,
2009, the committee will meet in conference room N-3437. Mail comments,
views, or statements in response to this notice to Danielle Watson,
Office of Maritime, OSHA, U.S. Department of Labor, Room N-3609, 200
Constitution Avenue, NW., Washington, DC 20210; phone<PHONE_NUMBER>;
fax:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: For general information about MACOSH
and this meeting, contact: Joseph V. Daddura, Director, Office of
Maritime, OSHA, U.S. Department of Labor, Room N-3609, 200 Constitution
Avenue, NW., Washington, DC 20210; phone:<PHONE_NUMBER>. Individuals
with disabilities wishing to attend the meeting should contact Danielle
Watson at<PHONE_NUMBER> no later than March 17, 2009, to obtain
appropriate accommodations.

SUPPLEMENTARY INFORMATION: All MACOSH meetings are open to the public.
All interested persons are invited to attend the MACOSH meeting at the
time and location listed above. The MACOSH agenda will include: A
presentation on the Federal Advisory Committee Act, and committee
ethics training; an OSHA activities update; introduction of the new and
returning MACOSH committee members; a review of the accomplishments
from the previous meetings during the last charter; and goals for the
next two years, including establishment of the MACOSH workgroups.
    Public Participation: Written data, views, or comments for
consideration by MACOSH on the various agenda items listed above should
be submitted to Danielle Watson at the address listed above.
Submissions received by March 17, 2009, will be provided to Committee
members and will be included in the record of the meeting. Requests to
make oral presentations to the Committee may be granted as time
permits.

    Authority: This notice was prepared under the direction of
Donald G. Shalhoub, Deputy Assistant Secretary of Labor for
Occupational Safety and Health, U.S. Department of Labor, 200
Constitution Avenue, NW., Washington, DC 20210, pursuant to Sections
6(b)(1) and 7(b) of the Occupational Safety and Health Act of 1970
(29 U.S.C. 655, 656), the Federal Advisory Committee Act (5 U.S.C.
App. 2), Secretary of Labor's Order 5-2007 (72 FR 31159), and 29 CFR
part 1912.

    Signed at Washington, DC, this 4th day of March, 2009.
Donald G. Shalhoub,
Deputy Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. E9-4882 Filed 3-6-09; 8:45 am]

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[Federal Register Volume 76, Number 69 (Monday, April 11, 2011)]
[Notices]
[Pages 20053-20054]
[FR Doc No: 2011-8670]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meeting

    Notice is hereby given, pursuant to the provisions of the
Government in the Sunshine Act, Public Law 94-409, that the Securities
and Exchange Commission will hold a Closed Meeting on Thursday, April
14, 2011 at 2 p.m.
    Commissioners, Counsel to the Commissioners, the Secretary to the
Commission, and recording secretaries will attend the Closed Meeting.
Certain staff members who have an interest in the matters also may be
present.
    The General Counsel of the Commission, or his designee, has
certified that, in his opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) and 17 CFR
200.402(a)(3), (5), (7), 9(ii) and (10), permit consideration of the
scheduled matters at the Closed Meeting.
    Commissioner Paredes, as duty officer, voted to consider the items
listed for the Closed Meeting in a closed session.
    The subject matter of the Closed Meeting scheduled for Thursday,
April 14, 2011 will be:

Institution and settlement of injunctive actions;
Institution and settlement of administrative proceedings; and
Other matters relating to enforcement proceedings.

    At times, changes in Commission priorities require alterations in
the scheduling of meeting items.
    For further information and to ascertain what, if any, matters have
been

added, deleted or postponed, please contact:
    The Office of the Secretary at<PHONE_NUMBER>.

    Dated: April 7, 2011.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-8670 Filed 4-7-11; 11:15 am]
BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 4 (Monday, January 7, 2013)]
[Notices]
[Pages 936-937]
From the Federal Register Online via the Government Printing Office [http://www.gpo.gov/]
[FR Doc No: 2013-00013]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. NJ13-5-000]

City of Riverside, California; Notice of Filing

    Take notice that on December 17, 2012, City of Riverside,
California

submitted its tariff filing per 35.28(e): Filing 2013 TRBAA and ETC
Update to be effective 1/1/2013.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov/. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov/, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on December 31, 2012.

    Dated: December 21, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-00013 Filed 1-4-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 91 (Wednesday, May 11, 2022)]
[Notices]
[Pages 28859-28860]
[FR Doc No: 2022-10038]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

National Hazardous Materials Route Registry

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).

ACTION: Notice; revisions to the listing of designated and restricted
routes for hazardous materials.

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SUMMARY: This notice provides revisions to the National Hazardous
Materials Route Registry (NHMRR) reported to FMCSA from April 1, 2021
through March 31, 2022. The NHMRR is a listing, as reported by States
and Tribal governments, of all designated and restricted roads and
preferred highway routes for transportation of highway route controlled
quantities of Class 7 radioactive materials (HRCQ/RAM) and non-
radioactive hazardous materials (NRHM).

DATES: These revisions are effecive May 11, 2022.

FOR FURTHER INFORMATION CONTACT: Ms. Melissa Williams, Hazardous
Materials Division, Office of Enforcement and Compliance, FMCSA, 1200
New Jersey Avenue SE, Washington, DC 20590-0001,<PHONE_NUMBER>,
[email protected]. Office hours are from 9 a.m. to 5 p.m., ET.,
Monday through Friday, except for Federal holidays.

Legal Basis and Background

    Paragraphs (a)(2) and (b) of section 5112 of title 49 United States
Code (U.S.C.) permit States and Tribal governments to designate and
limit highway routes over which hazardous materials (HM) may be
transported, provided the State or Tribal government complies with
standards prescribed by the Secretary of Transportation (the Secretary)
and meets publication requirements in section 5112(c). To establish
standards under paragraph (b), the Secretary must consult with the
States, and, under section 5112(c), coordinate with the States to
``update and publish periodically'' a list of currently effective HM
highway routing designations and restrictions. The requirements that
States and Tribal governments must follow to establish, maintain, or
enforce routing designations for the transport of placardable
quantities of NRHM are set forth in 49 CFR part 397, subpart C. Subpart
D of part 397 sets out the requirements for designating preferred
routes for HRCQ/RAM shipments as an alternative, or in addition, to
Interstate System highways. For HRCQ/RAM shipments, Sec.  397.101
defines a preferred route as an Interstate Highway for which no
alternative route is designated by the State; a route specifically
designated by the State; or both. (See Sec.  397.65 for the definitions
of NRHM and routing designations.)
    Under a delegation from the Secretary,\1\ FMCSA has authority to
implement 49 U.S.C. 5112.
---------------------------------------------------------------------------

    \1\ 49 CFR 1.87(d)(2).
---------------------------------------------------------------------------

    Currently, 49 CFR 397.73 establishes public information and
reporting requirements for NRHM. States or Tribal governments are
required to furnish information regarding any new or changed routes to
FMCSA within 60 days after establishment. Under 49 CFR 397.103, a State
routing designation for HRCQ/RAM routes (preferred routes) as an
alternative, or in addition, to an Interstate System highway, is
effective when the authorized routing agency provides FMCSA with
written notification, FMCSA acknowledges receipt in writing, and the
route is published in FMCSA's NHMRR. The Office of Management and
Budget has approved these collections of information under control
number 2126-0014, Transportation of Hazardous Materials, Highway
Routing.
    In this notice, FMCSA is merely performing the ministerial function
of updating and publishing the NHMRR based on input from its State and
Tribal partners under 49 U.S.C. 5112(c)(1). Accordingly, this notice
serves only to provide the most recent revisions to the NHMRR; it does
not establish any new public information and reporting requirements.

Updates to the NHMRR

    FMCSA published the full NHMRR in a Federal Register notice on
April 29, 2015 (80 FR 23859). Since publication of the 2015 notice,
FMCSA published five updates to the NHMRR in Federal Register notices
on August 8, 2016 (81 FR 52518), August 9, 2018 (83 FR 39500),
September 24, 2019 (84 FR 50098), June 3, 2020 (85 FR 34284), and June
17, 2021 (86 FR 32306).
    This notice provides revisions to the NHMRR, reported to FMCSA from
April 1, 2021 through March 31, 2022. The revisions to the NHMRR
listings in this notice supersede and replace corresponding NHMRR
listings published in the April 29, 2015 notice and corresponding
revisions to the NHMRR listings published in the August 8, 2016, August
9, 2018, September 24, 2019, June 3, 2020 and June 17, 2021 notices.
Continue to refer to the April 29, 2015 notice for additional
background on the NHMRR and the August 8, 2016 notice for the
procedures for State and Tribal government routing agencies to update
their Route Registry listings and contact information.
    The full current NHMRR for each State is posted on the FMCSA's
website at: https://www.fmcsa.dot.gov/regulations/hazardous-materials/national-hazardous-materials-route-registry.

Revisions to the NHMRR in This Notice

    In accordance with the requirements of 49 CFR 397.73 and 397.103,
the NHMRR is being revised as follows:

Table 2.--California--Designated NRHM Routes
    Route Order Designator ``A13P-2.0-O2'' is revised.
    Route Order Designator ``A17P-2.0-C'' is revised.
Table 3.--California--HRCQ/RAM Routes
    Route Order Desginator ``B6A-2.0B'' is revised.
Table 4.--Washington--Restricted HM Routes

    Route Order Desginator ``C'' is added.

Route Order Key

    Each listing in the NHMRR includes codes to identify each route
designation and each route restriction reported by the State.
Designation codes identify the routes along which a driver may or must
transport specified HM. Among the designation codes is one for
preferred routes, which apply to the transportation of a HRCQ/RAM.
Restriction codes identify the routes along which a driver may not
transport specified HM shipments. Table 1 presents information on each
restriction and designation code.

                  Table 1--Restriction/Designation Key
------------------------------------------------------------------------
                Restrictions                         Designations
------------------------------------------------------------------------
0--ALL Hazardous Materials.................  A--ALL NRHM Hazardous
                                              Materials.
1--Class 1--Explosives.....................  B--Class 1--Explosives.
2--Class 2--Gas............................  I--Poisonous Inhalation
                                              Hazard (PIH).
3--Class 3--Flammable......................  P--*Preferred Route* Class
                                              7--Radioactive.
4--Class 4--Flammable Solid/Combustible.
5--Class 5--Organic.
6--Class 6--Poison.
7--Class 7--Radioactive.
8--Class 8--Corrosives.
9--Class 9--Dangerous (Other).
i--Poisonous Inhalation Hazard (PIH).
------------------------------------------------------------------------

Revisions to the National Hazardous Materials Route Registry (March 31,
2021)

                                                       Table 2--California--Designated NRHM Routes
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Designation(s)
    Designation date           Route order           Route description            City               County          (A, B, I, P)     FMCSA QA comment
--------------------------------------------------------------------------------------------------------------------------------------------------------
10/28/92...............  A13P-2.0-O2............  State 29 from State 20   ..................  Lake..............               B   Changed to Clearlake
                                                   [ Upper Lake] to State                                                            on 08/17/2021.
                                                   53 [Clearlake].
12/16/21...............  A17P-2.0-C.............  Remove a section of SR-  ..................  ..................               B   ....................
                                                   1 add Willow Rd A17P-
                                                   2.0-B Is from Monterey
                                                   to Pismo Beach.
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                     Table 3--California--Designated HRCQ/RAM Routes
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Designation(s)
    Designation date           Route order           Route description            City               County          (A, B, I, P)     FMCSA QA comment
--------------------------------------------------------------------------------------------------------------------------------------------------------
08/25/21...............  B6A-2.0B...............  SR 210 From SR 57 to I-  ..................  ..................               P   ....................
                                                   15.
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                         Table 4--Washington--Restricted Routes
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Designation(s)
    Designation date           Route order           Route description            City               County          (A, B, I, P)     FMCSA QA comment
--------------------------------------------------------------------------------------------------------------------------------------------------------
08/17/21...............  C......................  SR 99 Tunnel for 2.49    ..................  ..................               A   ....................
                                                   miles.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    End of Revisions to the National Hazardous Materials Route
Registry.

Robin Hutcheson,
Acting Administrator.
[FR Doc. 2022-10038 Filed 5-10-22; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 80, Number 100 (Tuesday, May 26, 2015)]
[Rules and Regulations]
[Pages 29984-29987]
[FR Doc No: 2015-12660]

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

ENVIRONMENTAL PROTECTION AGENCY

48 CFR Part 1552

[EPA-HQ-OARM-2013-0523; FRL-9926-75-OARM]

Environmental Protection Agency Acquisition Regulation (EPAAR);
Describing Agency Needs

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is issuing a direct
final rule to address administrative and minor non-substantive changes
in four clauses. The direct final rule updates ``Monthly Progress
Reports'', ``Working Files'', ``Final Reports'', and ``Management
Consulting Services''. EPA does not anticipate any adverse comments.

DATES: This rule is effective on July 27, 2015 without further notice,
unless adverse comment is received June 25, 2015. If adverse comment is
received, the EPA will publish a timely withdrawal of the rule in the
Federal Register.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OARM-2013-0523 by one of the following methods:
     www.regulations.gov: Follow the on-line instructions for
submitting comments.
     Email<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Mail: EPA-HQ-OARM-2013-0523, OEI Docket, Environmental
Protection Agency, 2822T, 1200 Pennsylvania Ave. NW., Washington, DC
20460. Please include a total of three (3) copies.
     Hand Delivery: EPA Docket Center--Attention OEI Docket,
EPA West, Room B102, 1301 Constitution Ave. NW., Washington, DC 20004.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OARM-
2013-0523. 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.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov or email. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an email comment directly to EPA without
going through http://www.regulations.gov your email 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 the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the Government
Property-Contract Property Administration Docket, EPA/DC, EPA West,
Room 3334, 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 EPA
Docket Center is<PHONE_NUMBER>. This Docket Facility is open from 8:30
a.m. to 4:30 p.m. Monday through Friday, excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: Holly Hubbell, Policy, Training, and
Oversight Division, Acquisition Policy and Training Service Center
(3802R), Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460; telephone number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

General Information

    1. Do not submit Classified Business Information (CBI) to EPA Web
site http://www.regulations.gov or email. Clearly mark the part or all
of the information that you claim to be CBI. For CBI information in a
disk or CD-ROM that you mail to EPA, mark the outside of the disk or
CD-ROM as CBI, and then identify electronically within the disk or CD-
ROM the specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for Preparing Your Comments. When submitting comments,
remember to:

     Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).
     Follow directions--The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) Part or section number.
     Explain why you agree or disagree, suggest alternatives,
and substitute language for your requested changes.
     Describe any assumptions and provide any technical
information and/or data that you used.
     If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
     Provide specific examples to illustrate your concerns, and
suggest alternatives.
     Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
    3. Make sure to submit your comments by the comment period deadline
identified.

I. Background

    The EPA is revising EPAAR 1552.211-72, Monthly Progress Report, and
1552.211-77, Final Reports, to incorporate existing class deviations.
Additionally, 1552.211-77 is updated to allow and clarify the
electronic submission of final reports and, as such, should ease the
administrative burden on Agency contractors. The revision of 1552.211-
75, Working Files, changes a minor word in the clause and 1552.211-78,
Management Consulting Services, changes the title of the clause to be
consistent with the title of the prescription Advisory and Assistance
Services. The final rule published in the Federal Register at 61 FR
57339, November 6, 1996, was intended to change the title of this EPAAR
clause from ``Management Consulting Services'' to ``Advisory and
Assistance Services'', as well as the prescription title. However,
execution of the Federal Register resulted in the change being applied
to the title of the prescription only, which was in error.

II. Final Rule

    This final rule makes the following changes:
    1. Revises EPAAR 1552.211-72 to incorporate an existing class
deviation.
    2. Revises EPAAR 1552.211-75 to change the word ``its'' to ``the
contractor's''.
    3. Revises EPAAR 1552.211-77 to incorporate an existing class
deviation and update to allow and add the instructions for the
electronic submission of final reports.
    4. Revises EPAAR 1552.211-78 to change the title of the clause from
``Management Consulting Services'' to ``Advisory and Assistance
Services'' to be consistent with the title of the prescription.

Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
    This action is not a ``significant regulatory action'' under the
terms of Executive Order (E.O.) 12866 (58 FR 51735, October 4, 1993)
and is therefore not subject to review under the E.O. 12866 and 13563
(76 FR 3821, January 21, 2011).
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.
Burden is defined at 5 CFR 1320.3(b).
C. Regulatory Flexibility Act (RFA), as Amended by the Small Business
Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601 et.
seq.
    The 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
impact of this final rule on small entities, ``small entity'' is
defined as: (1) A small business that meets the definition of a small
business found in the Small Business Act and codified 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; or (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
this rule on small entities, I certify that this action will not have a
significant economic impact on a substantial number of small entities.
In determining whether a rule has a significant economic impact on a
substantial number of small entities, the impact of concern is any
significant adverse economic impact on small entities, because the
primary purpose of the regulatory flexibility analyses is to identify
and address regulatory alternatives ``which minimize any significant
economic impact of the proposed rule on small entities'' 5 U.S.C. 503
and 604. Thus, an agency may certify that a rule will not have a
significant economic impact on a substantial number of small entities
if the rule relieves regulatory burden, or otherwise has a positive
economic effect on all of the small entities subject to the rule. This
action revises current EPAAR clauses and will not have a significant
economic impact on substantial number of small entities. We continue to
be interested in the potential impacts of the rule on small entities
and welcome comments on issues related to such impacts.
D. Unfunded Mandates Reform Act
    This action contains no federal mandates under the provisions of
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C.
1531-1538 for State, local, and tribal governments or the private
sector. The action imposes no enforceable duty on any State, local or
tribal governments or the private sector. Therefore, this action is not
subject to the requirements of Sections 202 or 205 of the UMRA. This
action is also not subject to the requirements of section 203 of UMRA
because it contains no regulatory requirements that might significantly
or uniquely affect small governments.
E. Executive Order 13132: Federalism
    This action does not have federalism implications. It will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132. Thus, Executive Order 13132 does
not apply to this action. In the spirit of Executive Order 13132, and
consistent with EPA policy to promote communications between EPA and
State and local governments, EPA specifically solicits comment on this
action from State and local officials.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
    This action does not have tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). Thus, Executive
Order 13175 does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
    Executive Order 13045, entitled ``Protection of Children from
Environmental Health and Safety Risks'' (62 FR 19885, April 23, 1997),
applies to any rule that: (1) Is determined to be economically
significant as defined under E.O. 12886, and (2) concerns an
environmental health or safety risk that may have a proportionate
effect on children. This rule is not subject to E.O. 13045 because it
does not establish an environmental standard intended to mitigate
health or safety risks.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
    This action is not subject to Executive Order 13211 (66 FR 28335
(May 22, 2001), because it is not a significant regulatory action under
Executive Order 12866.
I. National Technology Transfer and Advancement Act of 1995 (NTTAA)
    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, 12(d) (15 U.S.C. 272 note)
directs EPA to use voluntary consensus standards in its regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures and business practices) that are developed or adopted by
voluntary consensus standards bodies. NTTAA directs EPA to provide
Congress, through OMB, explanations when the Agency decides not to use
available and applicable voluntary consensus standards. This action
does not involve technical standards. Therefore, EPA is not considering
the use of any voluntary consensus standards.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
    Executive Order 12898 (59 FR 7629 (February 16, 1994) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States. EPA has determined that this final
rule will not have disproportionately high and adverse human health or
environmental effects on minority or low-income populations because it
does not affect the level of protection provided to human health or the
environment in the general public.
K. Congressional Review Act
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the Agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. Section 804 exempts from section 801 the following types
of rules (1) rules of particular applicability; (2) rules relating to
agency management or personnel; and (3) rules of Agency organization,
procedure, or practice that do not substantially affect the rights or
obligations of non-agency parties. 5 U.S.C. 804(3). EPA is not required
to submit a rule report regarding this action under section 801 because
this is a rule of agency organization, procedure, or practice that does
not substantially affect the rights or obligations of non-agency
parties.

List of Subjects in 48 CFR Part 1552

    Environmental protection, Government procurement, Reporting and
recordkeeping requirements.

    Dated: May 14, 2015.
John R. Bashista,
Director, Office of Acquisition Management.

    For the reasons stated in the preamble, Chapter 15 of Title 48 Code
of Federal Regulations, part 1552 is amended as set forth below:

PART 1552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
1. The authority citation for part 1552 continues to read as follows:

    Authority:  5 U.S.C. 301; Sec. 205(c), 63 Stat. 390, as amended,
40 U.S.C. 486(c); and 41 U.S.C. 418b.

0
2. Amend 1552.211-72 by:
0
a. Removing from paragraph (c) the text ``subcontractor/consultant''
and adding in its place ``subcontractor'';
0
b. Revising paragraphs (d)(3)(ii) and (iii), and (d)(6); and
0
c. Revising paragraphs (e)(3)(ii) and (iii), and (e)(5).
    The revisions read as follows:

1552.211-72  Monthly progress report.

* * * * *
    (d) * * *
    (3) * * *
    (ii) For the current reporting period display the expended direct
labor hours (by EPA contract labor category), and the total loaded
direct labor costs.
    (iii) For the cumulative contract period display: The negotiated
and expended direct labor hours (by EPA labor category) and the total
loaded direct labor costs.
* * * * *
    (6) Average total cost per labor hour. For the current contract
period, compare the actual cost per hour to date with the average total
cost per hour of the approved work plans.
    (e) * * *
    (3) * * *
    (ii) For the current reporting period display the expended direct
labor hours (by EPA contract labor category), and the total loaded
direct labor hours.
    (iii) For the cumulative reporting period and the cumulative
contract period display: The negotiated and expended direct labor hours
(by EPA labor hour category) and the loaded direct labor rate.
* * * * *
    (5) Average total cost labor hour. For the current contract period,
compare the actual total cost per hour to date with the average total
cost per hour of the approved workplans.
* * * * *

1552.211-75  [Amended]

0
3. Amend 1552.211-75 by removing the text ``its'' and adding ``the
contractor's'' in its place.

0
4. Amend 1552.211-77 by revising the first sentence in paragraph (a),
and adding paragraph (c) to read as follows:

1552.211-77  Final reports.

* * * * *

    (a) ``Draft Report'' The Contractor shall submit a copy of the
draft final report on or before (date) to the Contracting Officer's
Representative and Contracting Officer in electronic format, unless
specified otherwise by the Government. * * *
* * * * *
    (c) The electronic format of the draft and final report shall be
in accordance with the current EPA policy and procedures.

(End of clause)

1552.211-78  [Amended]

0
5. Amend 1552.211-78 by:
0
a. Revising the section heading;
0
b. In the introductory text, by removing ``management consulting
services'' and adding ``advisory and assistance services'' in its
place; and

0
c. Revising the clause heading.
    The revisions read as follows:

1552.211-78  Advisory and assistance services.

* * * * *

Advisory and Assistance Services (Jul 2015)

* * * * *
[FR Doc. 2015-12660 Filed 5-22-15; 8:45 am]
 BILLING CODE 6560-50-P


replacement pullets (future layers and breeders). The by far most widespread
use of coccidiostats is in broiler chickens. Ideally, the drugs should show no
adverse effects on growth, feed intake, feed conversion or health, and leave
no residues in meat. Furthermore, coccidiostats should minimise coccidiosis,
but allow some development of coccidia in order to stimulate immunity.

SOU 1997:132
7. Coccidiostats
167
The discovery in the early 1940s that the sulphonamides possessed potent
anticoccidial activity made way for the development of the broiler industry in
the United States. The rapid development of new and more potent drugs
against coccidia as well as the development of efficient vaccines against
many avian viral diseases, together with confinement rearing and genetic
selection for improved growth rate, made the success of the broiler industry
possible. The remarkable world-wide expansion of the poultry industry and
the rapid development of coccidial resistance against coccidiostats have
necessitated a continuous search for new, efficient coccidiostats (figure 7.I).
-
1930 -
-
1940 -
-
1950 -
-
1960 -
-
1970 -
-
1980 -
-
1990 -
-
2000 -
sulphur
sulphanilamide
sulphaguanidine
sulphadimidine
roxarsone
nitrofurazone
nitrophenide
nicarbazine
furazolidone
nitromide
amprolium
dinitolmide
aklomide
metylbenzoquate
buquinolate
clopidol
decoquinate
monensin
robenidine
halofuginone
maduramicin
lasalocid
salinomycin
arprinocid
narasin
diclazuril
semduramicin
Emerging broiler
industy in USA
Broiler industry
established in
Sweden with
commercial hybrids
Coccidiosis control
programme in
Sweden
Commercially
available vaccines
based on precocious
oocysts of parasite
strains
Figure 7.I. Year of introduction of representative coccidiostats.
&IGUR½)½)NTRODUKTIONS¥R½F¶R½REPRESENTATIVA½KOCCIDIOSTATIKA

7. Coccidiostats
SOU 1997:132
168
Table 7.I. Coccidiostats approved within the European Union (Council
directive 70/524)
4ABELL½)½+OCCIDIOSTATIKA½GODK¤NDA½INOM½DEN½%UROPEISKA½5NIONEN
2¥DSDIREKTIV½
<s>'ENERIC¹NAME #HEMICAL</s>
GROUP
<s>#ONTENT</s>
IN¹FEED
MGKG
<s>3PECIESCATEGORY</s>
<s>7ITH
</s>
DRAWAL
DAYS
<s>-AXIMUM</s>
AGE
!MPROLIUM
thiamine
analogue
62.5-125
poultry
3
from laying
onwards
!MPROLIUM
ETHOPABATE
(ratio 25:1.6)
thiamine
analogue +
substituted
benzoic acid
66.5-133
chickens for laying,
turkeys, guinea fowl
3
from laying
onwards
!RPRINOCID
benzylpurine
60
chickens for fattening
chickens for laying
5
16 weeks
$ECOQUINATE
quinolone
20-40
chickens for fattening
3
$ICLAZURIL
benzene-
acetonitrile
1
chickens for fattening
5
$INITOLMIDE
$/4
dinitro-
toluamide
62.5-125
poultry
3
from laying
onwards
(ALOFUGINONE
quinazolinone
2-3
2-3
chickens for fattening
turkeys
5
5
12 weeks
,ASALOCID
polyether
ionophore
75-125
75-125
90-125
chickens for fattening
chickens for laying
turkeys
5
5
16 weeks
12 weeks
-ADURAMICIN
polyether
ionophore
5
chickens for fattening
5
-ETI

CLORPINDOL
pyridone
125
125
125-200
chickens for fattening
guinea fowl
rabbits
5
5
5
from laying
onwards
-ETICLORPIN

DOLMETHYL

BENZOQUAT
pyridone+
quinolone
110
110
110
chickens for fattening
chickens for laying
turkeys
5
5
16 weeks
12 weeks
-ONENSIN
polyether
ionophore
100-125
100-120
90-100
chickens for fattening
chickens for laying
turkeys
3
3
16 weeks
16 weeks
.ARASIN
polyether
ionophore
60-70
chickens for fattening
5
.ARASIN¹
NICARBAZIN
(ratio 1:1)
polyether
ionophore
+carbanilide
80-100
chickens for fattening
7
.ICARBAZIN
carbanilide
100-125
chickens for fattening
9
4 weeks
2OBENIDINE
guanidine
30-36
30-36
50-66
chickens for fattening
turkeys
rabbits
5
5
5
3ALINOMYCIN
polyether
ionophore
50-70
chickens for fattening
5
3EMDURA

MICIN
polyether
ionophore
25
chickens for fattening
5

SOU 1997:132
7. Coccidiostats
169
7.2
Microbiological aspects
7.2.1
Parasitological aspects
Anticoccidial substances include the antibiotic group polyether ionophores
(ionophoric antibiotics/ionophores) and various chemically synthesised
substances (table 7.I.).
The ionophoric antibiotics are fermentation products from various
3TREPTOMYCES
spp. and
!CTINOMADURA
spp. Ionophores make complexes with
mono- or divalent cations, forming lipid soluble compounds which facilitate
transport of cations through the cell membrane of the parasite (Jeffers, 1989).
The facilitated transport of K , Na , Ca
+
+
2+
and Mg
2+
ions across the cell
membrane results in secondary toxic intracellular calcium concentrations and
disrupts osmotic balance. Ionophores are effective against both asexual and
sexual stages of the coccidia.
Few of the chemotherapeutic coccidiostats have been sufficiently studied
with respect to the mechanisms for anticoccidial activity. However, the
quinolone coccidiostats are known to disrupt the electron transport in the
mitochondrial cytochrome system of coccidia (Wang, 1975; Chapman,
1993). Amprolium acts as a thiamine antagonist (FASS VET., 1997). The
mode of action for some other coccidiostats, such as halofuginone and
diclazuril, is incompletely understood.
Coccidia have, so far, developed resistance to all coccidiostats used. In
some cases the resistance problems have emerged so rapidly that the market
life of new products has been too limited to justify the costs of development
of the drug. The development of resistance to the ionophorous anticoccidials
has been comparatively slow. However, increasing ionophore resistance
problems have been noticed in many countries (McDougald
½ET½AL
, 1986;
Jeffers, 1989; Peeters
½ET½AL
, 1994).
¹
Therefore, various anticoccidial
programmes including switch, rotation or shuttle application of anticoccidial
agents are applied to counteract resistance problems in many countries. There
has been some debate as to whether resistance to one ionophoric substance
conveys cross-resistance to all other ionophores. Reported results have been
contradictory (Jeffers, 1989) However, the general view is that resistance
leads to cross-resistance to all ionophores (Chapman, 1993).
Considering the efforts that are put into avoiding resistance problems, it is
somewhat surprising that so little is known about the modes of action and
resistance mechanisms for various coccidiostats. Explanations for the
mechanisms of resistance are either speculative or unavailable (Chapman,
1993). Such information is essential for understanding how to counteract
resistance and what substances would be most effective in a given situation.

7. Coccidiostats
SOU 1997:132
170
7.2.2
Bacteriological aspects
Most polyether ionophores are not only active against protozoa, but also
against aerobic and anaerobic gram-positive bacteria, e.g.
,ACTOBACILLUS½
spp
(Rada
½ET½AL
, 1994),
#LOSTRIDIUM½PERFRINGENS
(Dutta
½ET½AL
, 1983; Benno
½ET½AL
,
1988; Kondo, 1988; Elwinger
½ET½AL
, 1992; Kyriakis
½ET½AL
, 1995; Watkins
½ET
AL
, 1997),
½%UBACTERIUM½SPP
,
0EPTOCOCCUS½SPP 0EPTOSTREPTOCOCCUS½SPP
,
3TREPTOCOCCUS½BOVIS
(Watanabe
½ET½AL
, 1981) as well as
!CHOLEPLASMA
and
-YCOPLASMA½SPP
(Stipkovits
½ET½AL
, 1987). As is the case with coccidia, the
mechanism for the inhibitory activity against bacteria is tthrough increased
membrane cation permeability.
Microbiological manipulation of the ruminal fermentation process and
consequently of the ruminal volatile fatty acid concentrations is thought to be
the basis for the improved feed efficiency in ruminants when the feed is
supplemented with low concentrations of ionophores (Nagaraja
½ET½AL
, 1985;
Chirase
½ET½AL
, 1988). The changes of the ruminal fermentation process
include enhanced production of propionic acid by ruminal ionophore
resistant bacteria, and decreased production of acetic acid, butyric acid, lactic
acid and methane by ionophore sensitive bacterial species (Schelling, 1984;
Nagaraja and Taylor, 1987).
Several ionophores including monensin, narasin, salinomycin and lasalocid
sodium have been shown to suppress growth of
#½PERFRINGENS
. Ionophoric
antibiotics are therefore considered to be important in the prevention of
necrotic enteritis (NE) in broiler chickens
¹
(Elwinger
½ET½AL
, 1994). Together
with the suppression of
#½PERFRINGENS
a better performance has also been
noted in ionophore-medicated chickens (Elwinger
ET½AL
, 1992; Quarles
½ET½AL
,
1992; Elwinger
ET½AL
, 1994; Elwinger
½ET½AL
, 1996; Waldenstedt
½ET½AL
, 1997).
It is likely that the reduced immunological challenge in terms of reduced load
of
#½PERFRINGENS
in the intestines of chickens explains the increased growth
rate of the medicated birds.
Like other antimicrobial substances that are mainly active against gram-
positive bacteria, ionophores might be expected to facilitate salmonella
colonisation (see chapter 4). Only one study has been found that investigates
the effect of monensin in this respect (Manning
½ET½AL
, 1994). The authors of
this study concluded that monensin did not influence salmonella
colonisation. Further studies, on other ionophores as well, are needed to
evaluate this matter.
No information about bacterial resistance to ionophores has been found.
Anticoccidial drugs include ionophoric antibiotics and chemoterapeutic
substances.

SOU 1997:132
7. Coccidiostats
171
Coccidial drug resistance is an emerging problem in particular for
chemoterapeutic substances but also for ionophores.
More information about modes of action and resistance mechanisms for
various coccidiostats is needed.
Most ionophores are active against gram-positive bacteria.
Several ionophores suppress growth of
#LOSTRIDIUM½PERFRINGENS½
½
the
causative agent of necrotic enteritis in chickens.
7.3
Toxicological aspects
Coccidiostats are generally considered to be free from side effects and
toxicity as long as they are used in their target species at the correct dosage.
However, the ionophoric antibiotics and some of the chemotherapeutic
coccidiostats have a narrow range of safety and there are many reports in the
literature of accidental intoxications of target and non-target species with
various anticoccidial drugs. However, most such events can be avoided if
good manufacturing practices (GMP) are maintained.
Intoxications with coccidiostats have been reported in association with
poor mixing of the feed resulting in uneven cocccidiostat concentration,
failure to properly dilute the coccidiostat concentrate, and in cases of
incorrect identification of the product or the feed (Szancer, 1989; Novilla,
1992). The feed can become cross-contaminated at the feedmill and pet food
has on occasion been shown to contain traces of coccidiostat (Wilson, 1980;
Wheeler, 1996). Toxicity has also been noted when giving poultry feed
containing coccidiostat to animal species for which the feed was not intended
and when chicken manure has been used as a source of nitrogen in cattle feed
(Muylle
½ET½AL
, 1981; Perl
½ET½AL
, 1991; Perelman
½ET½AL
, 1993).
Diagnosis of coccidiostat intoxication is sometimes difficult due to
reversibility of clinical signs and/or the variability of pathological lesions
associated with toxicity of coccidiostats of different chemical groups. Feed
analysis is often not possible to perform because the feed has already been
consumed and/or representative feed samples are not available.
7.3.1
Toxicity of ionophores
Many review articles on the toxic effects of ionophores in target and non-
target species have been published during the last decades (among others
Beck and Harries, 1979; Galitzer and W., 1984; Langston
½ET½AL
, 1985;
Szancer, 1989; Novilla, 1992).

7. Coccidiostats
SOU 1997:132
172
The toxic effects of ionophores are directed mainly against skeletal and/or
cardiac muscle.
)N½VITRO
studies have shown that myopathy occurs as a
consequence of disturbances in intracellular calcium homeostasis followed
by increased intracellular Na concentration (Shier and Dubourdieu, 1992;
+
Sandercock and Mitchell, 1995). The LD


[Federal Register Volume 78, Number 51 (Friday, March 15, 2013)]
[Notices]
[Pages 16495-16496]
[FR Doc No: 2013-05945]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13643-001]

Basin Farm Renewables, LLC; Notice of Preliminary Permit
Application Accepted for Filing and Soliciting Comments, Motions To
Intervene, and Competing Applications

    On March 1, 2013, Basin Farm Renewables, LLC filed an application
for a successive preliminary permit, pursuant to section 4(f) of the
Federal Power Act (FPA), proposing to study the feasibility of the
Basin Farm Renewable Energy Project to be located on the Saxtons River,
in the Town of Westminster, Windham County, Vermont. The sole purpose
of a preliminary permit, if issued, is to grant the permit holder
priority to file a license application during the permit term. A
preliminary permit does not authorize the permit holder to perform any
land-disturbing activities or otherwise enter upon lands or waters
owned by others without the owners' express permission.
    The proposed project would consist of: (1) An intake structure
equipped with trashracks; (2) an approximately 490-foot-long, 5.5-foot-
diameter steel penstock adjacent to Twin Falls; (3) a 25-foot-long, 20-
foot-wide powerhouse containing two or three turbine-generating units
with an estimated total capacity of 250 kilowatts; (4) a 2,800-foot-
long, 15-kilovolt buried transmission line connected to the existing
electrical distribution system at Basin Farm; and (5) appurtenant
facilities. The proposed project would

have an average annual generation of approximately 764,000 kilowatt-
hours.
    Applicant Contact: James World, 55 Main Street, Lancaster, NH
03584; phone:<PHONE_NUMBER>.
    FERC Contact: Brandon Cherry; phone:<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Competing applications and notices of intent must meet the requirements
of 18 CFR 4.36. Comments, motions to intervene, notices of intent, and
competing applications may be filed electronically via the Internet.
See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's
Web site http://www.ferc.gov/docs-filing/efiling.asp. Commenters can
submit brief comments up to 6,000 characters, without prior
registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information
at the end of your comments. For assistance, please contact FERC Online
Support at<EMAIL_ADDRESS>or toll free at 1-866-208-3676,
or for TTY,<PHONE_NUMBER>. Although the Commission strongly encourages
electronic filing, documents may also be paper-filed. To paper-file,
mail an original and seven copies to: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of
Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-13643) in the docket number field to access
the document. For assistance, contact FERC Online Support.

    Dated: March 8, 2013.
Kimberly D. Bose,
Secretary.
[FR Doc. 2013-05945 Filed 3-14-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 244 (Tuesday, December 20, 2016)]
[Notices]
[Pages 92886-92889]
[FR Doc No: 2016-30555]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79549; File No. SR-BX-2016-067]

Self-Regulatory Organizations; NASDAQ BX, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Amend Rule 4770
(Compliance With Regulation NMS Plan To Implement a Tick Size Pilot)

December 14, 2016.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on November 30, 2016, NASDAQ BX, Inc. (``BX'' or ``Exchange'') filed
with the Securities and Exchange Commission (``SEC'' or ``Commission'')
the proposed rule change as described in Items I and II below, which
Items have been prepared by the Exchange. The Commission is publishing
this notice to solicit comments on the proposed rule change from
interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to amend BX Rule 4770 to modify the Web site
data publication requirements relating to the Regulation NMS Plan to
Implement a Tick Size Pilot Program (``Plan'') and to clarify the
timing and format of publishing Market Maker registration statistics.
    The text of the proposed rule change is available on the Exchange's
Web site at http://nasdaqbx.cchwallstreet.com/, at the principal office
of the Exchange, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set

forth in sections A, B, and C below, of the most significant aspects of
such statements.

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

1. Purpose
    On August 25, 2014, BX, and several other self-regulatory
organizations (the ``Participants'') filed with the Commission,
pursuant to Section 11A of the Act \3\ and Rule 608 of Regulation NMS
thereunder,\4\ the Plan to Implement a Tick Size Pilot Program.\5\ The
Participants filed the Plan to comply with an order issued by the
Commission on June 24, 2014.\6\ The Plan was published for comment in
the Federal Register on November 7, 2014, and approved by the
Commission, as modified, on May 6, 2015.\7\ The Commission approved the
Pilot on a two-year basis, with implementation to begin no later than
May 6, 2016.\8\ On November 6, 2015, the SEC exempted the Participants
from implementing the Pilot until October 3, 2016.\9\ Under the revised
Pilot implementation date, the Pre-Pilot data collection period
commenced on April 4, 2016. On September 13, 2016, the SEC exempted the
Participants from the requirement to fully implement the Pilot on
October 3, 2016, to permit the Participants to implement the pilot on a
phased-in basis, as described in the Participants' exemptive
request.\10\
---------------------------------------------------------------------------

    \3\ 15 U.S.C. 78k-1.
    \4\ 17 CFR 242.608.
    \5\ See Letter from Brendon J. Weiss, Vice President,
Intercontinental Exchange, Inc., to Secretary, Commission, dated
August 25, 2014.
    \6\ See Securities Exchange Act Release No 72460 (June 24,
2014), 79 FR 36840 (June 30, 2014).
    \7\ See Securities Exchange Act Release No. 74892 (May 6, 2015),
80 FR 27513 (May 13, 2015) (``Approval Order'').
    \8\ See Approval Order at 27533 and 27545.
    \9\ See Securities Exchange Act Release No. 76382 (November 6,
2015), 80 FR 70284 (November 13, 2015).
    \10\ See Letter from David S. Shillman, Associate Director,
Division of Trading and Markets, Commission, to Eric Swanson, EVP,
General Counsel and Secretary, Bats Global Markets, Inc., dated
September 13, 2016; see also Letter from Eric Swanson, EVP, General
Counsel and Secretary, Bats Global Markets, Inc., to Brent J.
Fields, Secretary, Commission, dated September 9, 2016.
---------------------------------------------------------------------------

    The Plan is designed to allow the Commission, market participants,
and the public to study and assess the impact of increment conventions
on the liquidity and trading of the common stock of small-
capitalization companies. Each Participant is required to comply, and
to enforce compliance by its member organizations, as applicable, with
the provisions of the Plan.
    BX adopted rule amendments to implement the requirements of the
Plan, including relating to the Plan's data collection requirements and
requirements relating to Web site data publication.\11\ Specifically,
with respect to the Web site data publication requirements pursuant to
Section VII and Appendices B and C to the Plan, BX Rule 4770(b)(2)(B)
provides, among other things, that BX shall make the data required by
Items I and II of Appendix B to the Plan, and collected pursuant to
paragraph (b)(2) of Rule 4770, publicly available on the BX Web site on
a monthly basis at no charge and shall not identify the Trading Center
that generated the data. BX Rule 4770(b)(3)(C), provides, among other
things, that BX shall make the data required by Item IV of Appendix B
to the Plan, and collected pursuant to paragraph (b)(3) of Rule 4770,
publicly available on the BX Web site on a monthly basis at no charge
and shall not identify the Trading Center that generated the data.
Commentary .08 to Rule 4770 provides, among other things, that the
requirement that BX make certain data publicly available on the BX Web
site pursuant to Appendix B and C to the Plan shall commence at the
beginning of the Pilot Period.
---------------------------------------------------------------------------

    \11\ See, e.g., Securities Exchange Act Release No. 77457 (March
28, 2016), 81 FR 18913 (April 1, 2016) (SR-BX-2016-019); see also
Letter from David S. Shillman, Associate Director, Division of
Trading and Markets, Commission, to Marcia E. Asquith, Senior Vice
President and Corporate Secretary, FINRA, dated February 17, 2016.
---------------------------------------------------------------------------

    BX is proposing amendments to Rule 4770(b)(2)(B) (regarding
Appendix B.I and B.II data) and Rule 4770(b)(3)(C) (regarding Appendix
B.IV data) to provide that data required to be made available on BX's
Web site be published within 120 calendar days following month end. In
addition, the proposed amendments to Commentary .08 to Rule 4770 would
provide that, notwithstanding the provisions of paragraphs (b)(2)(B),
(b)(3)(C) and (b)(5), BX shall make data for the Pre-Pilot period
publicly available on the BX Web site pursuant to Appendix B and C to
the Plan by February 28, 2017.\12\
---------------------------------------------------------------------------

    \12\ With respect to data for the Pilot Period, the requirement
that BX make data publicly available on the BX Web site pursuant to
Appendix B and C to the Plan shall continue to commence at the
beginning of the Pilot Period. Thus, the first Web site publication
date for Pilot Period data (covering October 2016) would be
published on the BX Web site by February 28, 2017, which is 120 days
following the end of October 2016.
---------------------------------------------------------------------------

    The purpose of delaying the publication of the Web site data is to
address confidentiality concerns by providing for the passage of
additional time between the market information reflected in the data
and the public availability of such information.
    BX also proposes to amend Rule 4770(b)(5), which relates to the
collection and transmission of Market Maker registration statistics.
Currently, Rule 4770(b)(5) provides that the Exchange shall collect and
transmit to the SEC the data described in Item III of Appendix B of the
Plan relating to daily Market Maker registration statistics in a pipe
delimited format within 30 calendar days following month end for (1)
transactions in each Pre-Pilot Data Collection Security for the period
beginning six months prior to the Pilot Period through the trading day
immediately preceding the Pilot Period; and (2) transactions in each
Pilot Security for the period beginning on the first day of the Pilot
Period through six months after the end of the Pilot Period. Although
the Plan requires that such data be made publicly available,\13\ Rule
4770(b)(5) does not currently include a provision requiring the
Exchange to publish such data to its Web site. The Exchange therefore
proposes to amend Rule 4770(b)(5) to provide that the Exchange shall
make Market Maker registration data publicly available on the Exchange
Web site within 120 calendar days following month end at no charge.
---------------------------------------------------------------------------

    \13\ See Section VII.A. 4 of the Plan.
---------------------------------------------------------------------------

    BX has filed the proposed rule change for immediate effectiveness
and has requested that the Commission waive the 30-day operative delay.
If the Commission waives the 30-day operative delay, the operative date
of the proposed rule change will be the date of filing.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\14\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\15\ in particular, in that it is designed to
promote just and equitable principles of trade, to remove impediments
to and perfect the mechanism of a free and open market and a national
market system, and, in general to protect investors and the public
interest, because it is designed to assist the Participants in meeting
their regulatory obligations pursuant to the Plan and is in furtherance
of the objectives of the Plan, as identified by the SEC.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78f(b).
    \15\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    In approving the Plan, the Commission recognized that requiring the
publication of Market Maker data may raise confidentiality concerns,
especially for Pilot Securities that may

have a relatively small number of designated Market Makers.\16\ For
this reason, the Commission modified the Plan so that the data that
would be made publicly available would not contain profitability
measures for each security, but would be aggregated by the Control
Group and each Test Group. BX believes that this proposal is consistent
with the Act in that it is designed to address confidentiality concerns
by permitting BX to delay Web site publication to provide for passage
of additional time between the market information reflected in the data
and the public availability of such information. With respect to the
change to Rule 4770(b)(5), BX believes this change will clarify the
timing and format of publishing Market Maker registration statistics.
---------------------------------------------------------------------------

    \16\ See Approval Order at 27543-27544.
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. BX notes that the proposed rule
change implements the provisions of the Plan, and is designed to assist
the Participants in meeting their regulatory obligations pursuant to
the Plan.
    The proposal is intended to address confidentiality concerns that
may adversely impact competition, especially for Pilot Securities that
may have a relatively small number of designated Market Makers, by
permitting BX to delay Web site publication to provide for passage of
additional time between the market information reflected in the data
and the public availability of such information. The proposal also does
not alter the information required to be submitted to the SEC.

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

    No written comments were either solicited or received.\17\
---------------------------------------------------------------------------

    \17\ BX notes that Financial Information Forum (FIF) submitted a
letter to the staff of the Commission raising concerns regarding the
publication of certain Appendix B statistics on a disaggregated
basis using a unique masked market participant identifier. See
Letter from Mary Lou Von Kaenel, Managing Director, FIF, to David S.
Shillman, Associate Director, Division of Trading and Markets,
Commission, dated August 16, 2016, available at https://www.fif.com/comment-letters.
---------------------------------------------------------------------------

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A)(iii) of the Act \18\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\19\
---------------------------------------------------------------------------

    \18\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \19\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \20\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\21\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. In this filing, the
Exchange has asked that the Commission waive the requirement that the
proposed rule change not become operative for 30 days after the date of
the filing.
---------------------------------------------------------------------------

    \20\ Id.
    \21\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    The Exchange notes that the proposed rule change implements the
provisions of the Plan, and is designed to assist the Participants in
meeting their regulatory obligations pursuant to the Plan. The proposal
is intended to address confidentiality concerns by permitting the
Exchange to delay Web site publication to provide for passage of
additional time between the market information reflected in the data
and public availability of such information. The proposal does not
alter the information required to be submitted to the Commission.
    The Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest
because it will allow the Exchange to implement these proposed changes
that are intended to address confidentiality concerns. The Commission
notes that some Pilot data was scheduled to be published on November
30, 2016. Therefore, the Commission hereby waives the 30-day operative
delay and designates the proposed rule change to be operative on
November 30, 2016.\22\
---------------------------------------------------------------------------

    \22\ For purposes only of waiving the operative delay for this
proposal, the Commission has considered the proposed rule's impact
on efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is: (i)
Necessary or appropriate in the public interest; (ii) for the
protection of investors; or (iii) otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-BX-2016-067 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BX-2016-067. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml).
    Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for Web site viewing and printing in
the Commission's Public Reference Room, 100 F Street NE., Washington,
DC 20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change; the Commission does not edit
personal identifying information from submissions. You should submit
only information that you wish to make available publicly. All
submissions

should refer to File Number SR-BX-2016-067 and should be submitted on
or before January 10, 2017.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\23\
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    \23\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-30555 Filed 12-19-16; 8:45 am]
 BILLING CODE 8011-01-P