[Federal Register Volume 78, Number 220 (Thursday, November 14, 2013)]
[Rules and Regulations]
[Pages 68355-68357]
[FR Doc No: 2013-27071]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0626; Directorate Identifier 2012-NM-180-AD;
Amendment 39-17642; AD 2013-22-10]
RIN 2120-AA64

Airworthiness Directives; Dassault Aviation Airplanes

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

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for all
Dassault Aviation Model Fan Jet Falcon; Model Mystere-Falcon 200
airplanes; and Model Mystere-Falcon 20-C5, 20-D5, 20-E5, and 20-F5
airplanes. This AD was prompted by reports of defective fire
extinguisher bottle cartridges. This AD requires checking manufacturing
references of pyrotechnical cartridges for batch number and date,
repetitive checking of cartridges for electrical continuity, and
replacing defective pyrotechnical cartridges if necessary. We are
issuing this AD to detect and correct defective fire bottle cartridges,
which could impact the capability to extinguish a fire in an engine,
auxiliary power unit, or rear compartment, which could result in damage
to the airplane and injury to the occupants.

DATES: This AD becomes effective December 19, 2013.
    The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this AD as of December 19,
2013.

ADDRESSES: You may examine the AD on the Internet at http://www.regulations.gov/#!docketDetail;D=FAA-2013-0626; or in person at the
U.S. Department of Transportation, Docket Operations, M-30, West
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE.,
Washington, DC.
    For service information identified in this AD, contact Dassault
Falcon Jet, P.O. Box 2000, South Hackensack, NJ 07606; telephone 201-
440-6700; Internet http://www.dassaultfalcon.com. You may view this
referenced service information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.

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

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to the specified products. The
NPRM published in the Federal Register on July 24, 2013 (78 FR 44473).
The NPRM proposed to correct an unsafe condition for the specified
products.
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
Airworthiness Directive 2012-0190, dated September 24, 2012 (referred
to after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for the specified
products. The MCAI states:

    Several defective fire bottle cartridges have been reported on
certain Dassault Aviation Fan Jet Falcon and Myst[egrave]re-Falcon
20-() 5 aeroplanes.
    The results of the investigations concluded that there was a
production quality issue with the fire bottle cartridge. In
addition, the part numbers (P/N) of the fire bottle cartridge and
the batch numbers have been identified.
    This condition, if not detected and corrected, could constitute
a dormant failure that might impact the capability to extinguish a
fire, either in an engine or the Auxiliary Power Unit, or the rear
compartment, possibly resulting in damage to the aeroplane and
injury to the occupants.
    For the reason described above, this [EASA] AD requires
repetitive checking of the electrical continuity [and of the
references] of the fire extinguishers bottles cartridges
[extinguisher bottle cartridges] and depending on findings,
replacement of an affected part with a serviceable part. It also
ultimately requires replacement of any affected cartridges with a
serviceable part. In addition, this [EASA] AD prohibits installation
of an affected fire extinguisher bottle cartridge.

You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2013-0626-0002.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM (78 FR 44473, July 24,
2013) or on the determination of the cost to the public.

Explanation of Change Made to the AD

    We have removed the phrase ``or cartridges references matching
(g)(1) through (g)(3)'' in paragraph (h) of this final rule since only
parts that have excessive resistance must be replaced before further
flight.

Conclusion

    We reviewed the available data and determined that air safety and
the public interest require adopting this AD with the change described
previously and minor editorial changes. We have determined that these
minor changes:
     Are consistent with the intent that was proposed in the
NPRM (78 FR 44473, July 24, 2013) for correcting the unsafe condition;
and
     Do not add any additional burden upon the public than was
already proposed in the NPRM (78 FR 44473, July 24, 2013).

Costs of Compliance

    We estimate that this AD affects 185 airplanes of U.S. registry.
    We estimate the following costs to comply with this AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
               Action                        Labor cost           Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
Check and Replacement...............  5 work-hours x $85 per           $6,300           $6,725       $1,244,125
                                       hour = $425.
----------------------------------------------------------------------------------------------------------------

    Where the service information lists required parts costs that are
covered under warranty, we have assumed that there will be no charge
for these parts. As we do not control warranty coverage for affected
parties, some parties may incur costs higher than estimated here.

Authority for This Rulemaking

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

Regulatory Findings

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

Examining the AD Docket

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2013-0626-0002; or in
person at the Docket Operations office between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this AD, the MCAI, the regulatory evaluation, any comments received,
and other information. The street address for the Docket Operations
office (telephone<PHONE_NUMBER>) is in the ADDRESSES section.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

2013-22-10 Dassault Aviation: Amendment 39-17642. Docket No. FAA-
2013-0626; Directorate Identifier 2012-NM-180-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective December 19,
2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the Dassault Aviation airplanes identified in
paragraphs (c)(1) through (c)(3) of this AD, certificated in any
category, all serial numbers.
    (1) Model Fan Jet Falcon airplanes.
    (2) Model Mystere-Falcon 200 airplanes.
    (3) Model Mystere-Falcon 20-C5, 20-D5, 20-E5, and 20-F5
airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 26, Fire
Protection.

(e) Reason

    This AD was prompted by reports of defective fire extinguisher
bottle cartridges. We are issuing this AD to detect and correct
defective fire bottle cartridges, which could impact the capability
to extinguish a fire in an engine, auxiliary power unit, or rear
compartment, which could result in damage to the airplane and injury
to the occupants.

(f) Compliance

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

(g) Checks of References of Cartridges

    For airplanes equipped with fire extinguisher bottle cartridges
having a part number (P/N), batch number, and manufacturing date as
listed in paragraph (g)(1), (g)(2), or (g)(3) of this AD: Within 30
days or 100 flight hours, whichever occurs first after the effective
date of this AD, check the manufacturing references of

pyrotechnical cartridges for batch number and date, and check the
cartridges for electrical continuity and resistance, in accordance
with the Accomplishment Instructions of Dassault Mandatory Service
Bulletin F20-783, Revision 1 (also referred to as 783-R1), dated
June 11, 2012 (for Model Fan Jet Falcon and Mystere-Falcon 20-C5,
20-D5, 20-E5, and 20-F5 airplanes); or Dassault Mandatory Service
Bulletin F200-128, Revision 1 (also referred to as 128-R1), dated
June 11, 2012 (for Model Mystere-Falcon 200 airplanes).
    (1) P/N 12-12-11707S1-4, with batch up to 44 inclusive,
manufactured before May 2012.
    (2) P/N 12-12-11707S2-4, with batch up to 33 inclusive,
manufactured before May 2012.
    (3) P/N 12-12-11707S3-4, with batch up to 44 inclusive,
manufactured before May 2012.

(h) Replacement

    If, during any check as required by paragraphs (g) and (i) of
this AD, a discrepancy [excessive resistance] is identified, before
next flight, replace the discrepant fire extinguisher bottle
cartridge(s) with a serviceable part, in accordance with the
Accomplishment Instructions of Dassault Mandatory Service Bulletin
F20-783, Revision 1 (also referred to as 783-R1), dated June 11,
2012 (for Model Fan Jet Falcon and Mystere-Falcon 20-C5, 20-D5, 20-
E5, and 20-F5 airplanes); or Dassault Mandatory Service Bulletin
F200-128, Revision 1 (also referred to as 128-R1), dated June 11,
2012 (for Model Mystere-Falcon 200 airplanes). Replacement of
discrepant fire extinguisher bottle cartridges with a serviceable
part terminates the repetitive actions required by paragraph (i) of
this AD for that cartridge.

(i) Repetitive Checks

    At the applicable time specified in paragraph (i)(1) or (i)(2)
of this AD, repeat the checks required by paragraph (g) of this AD.
    (1) For airplanes equipped with fire extinguisher bottle
cartridges having P/N 12-12-11707S3-4, having a batch number, and
manufacturing date, as listed in paragraph (g)(3) of this AD, at
intervals not to exceed 65 days.
    (2) For airplanes equipped with fire extinguisher bottle
cartridges having P/N 12-12-11707S1-4 or P/N 12-12-11707S2-4, having
a batch number, and manufacturing date, as listed in paragraph
(g)(1) or (g)(2) of this AD, at intervals not to exceed 12 months.

(j) Replacement

    Except as required by paragraph (h) of this AD: Within 30 months
after installation of an affected fire extinguisher bottle cartridge
on an airplane, or within 36 months since cartridge manufacturing
date, whichever occurs first after the effective date of this AD,
replace each affected fire extinguisher bottle cartridge listed in
paragraphs (g)(1), (g)(2), and (g)(3) of this AD, with a serviceable
part, in accordance with the Accomplishment Instructions of Dassault
Mandatory Service Bulletin F20-783, Revision 1 (also referred to as
783-R1), dated June 11, 2012 (for Model Fan Jet Falcon and Mystere-
Falcon 20-C5, 20-D5, 20-E5, and 20-F5 airplanes); or Dassault
Mandatory Service Bulletin F200-128, Revision 1 (also referred to as
128-R1), dated June 11, 2012 (for Model Mystere-Falcon 200
airplanes). Replacing the affected fire extinguisher bottle
cartridge with a serviceable part as required by paragraph (h) or
(j) of this AD, terminates the repetitive actions required by
paragraph (i) of this AD for that cartridge.

(k) Parts Installation Prohibition

    As of the effective date of this AD, no person may install any
fire extinguisher bottle cartridge having a part number, batch
number, and manufacturing date as specified in paragraph (g)(1),
(g)(2), or (g)(3) of this AD, on any airplane.

(l) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Branch, send it to ATTN: Tom
Rodriguez, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton,
Washington 98057-3356; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.
Information may be emailed to<EMAIL_ADDRESS>
Before using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
local flight standards district office/certificate holding district
office. The AMOC approval letter must specifically reference this
AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.

(m) Related Information

    Refer to Mandatory Continuing Airworthiness Information (MCAI)
European Aviation Safety Agency (EASA) Airworthiness Directive 2012-
0190, dated September 24, 2012, for related information. You may
examine this AD on the Internet at http://www.regulations.gov/#!documentDetail;D=FAA-2013-0626-0002.

(n) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) Dassault Mandatory Service Bulletin F20-783, Revision 1
(also referred to as 783-R1), dated June 11, 2012.
    (ii) Dassault Mandatory Service Bulletin F200-128, Revision 1
(also referred to as 128-R1), dated June 11, 2012.
    (3) For service information identified in this AD, contact
Dassault Falcon Jet, P.O. Box 2000, South Hackensack, NJ 07606;
telephone<PHONE_NUMBER>; Internet http://www.dassaultfalcon.com.
    (4) You may review this referenced service information at the
FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton,
WA. For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on October 18, 2013.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-27071 Filed 11-13-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: January 31, 2008 (Volume 73, Number 21)]
[Proposed Rules]
[Page 5775-5776]
[DOCID:fr31ja08-22]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Directorate Identifier 2000-NM-120-AD]
RIN 2120-AA64

Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(EMBRAER) Model EMB-120 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Proposed rule; withdrawal.

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SUMMARY: This action withdraws a notice of proposed rulemaking (NPRM)
that proposed a new airworthiness directive (AD), applicable to certain
EMBRAER Model EMB-120 series airplanes. That action would have required
repetitive calibration testing of potentiometers to detect noisy
signals, replacement of only those with noisy signals, and reporting
results of the

calibration tests of the potentiometers and the readouts of the flight
data recorder (FDR) to the airplane manufacturer. Since the issuance of
the NPRM, the Federal Aviation Administration (FAA) has determined that
while a noisy or defective potentiometer may hamper the ability to
access certain aircraft data in support of either an accident or
incident investigation or just general maintenance activities, there is
no direct effect on the aircraft's ability to be operated safely.
Accordingly, the proposed rule is withdrawn.

FOR FURTHER INFORMATION CONTACT: Todd Thompson, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton, Washington 98057-3356; telephone (425)
227-1175; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: A proposal to amend part 39 of the Federal
Aviation Regulations (14 CFR part 39) to add a new airworthiness
directive (AD), applicable to certain EMBRAER Model EMB-120 series
airplanes, was published in the Federal Register as a second
supplemental Notice of Proposed Rulemaking (NPRM) on February 1, 2005
(70 FR 5070). The proposed rule would have required repetitive
calibration testing of potentiometers to detect noisy signals,
replacement of only those with noisy signals, and reporting results of
the calibration tests of the potentiometers and the readouts of the
flight data recorder (FDR) to the airplane manufacturer. The proposed
actions were intended to prevent the potentiometers that provide
information on the positions of the primary flight controls to the FDR
from transmitting noisy signals or becoming improperly calibrated,
resulting in the transmission of incomplete or inaccurate data to the
FDR.

Actions That Occurred Since the Second Supplemental NPRM Was Issued

    Since the issuance of the second supplemental NPRM, the FAA has
determined that while a noisy or defective potentiometer may hamper the
ability to access certain aircraft data in support of either an
accident or incident investigation or just general maintenance
activities, there is no direct effect on the aircraft's ability to be
operated safely.
    On December 7, 2007, we issued Special Airworthiness Information
Bulletin (SAIB) NM-08/10 to recommend calibrating, testing, and
replacing certain potentiometers to the ailerons, elevators, and rudder
of the subject airplanes, which is part of the manufacturer's
recommended maintenance program.

FAA's Conclusions

    Upon further consideration, the FAA has determined that no unsafe
condition exists. Accordingly, the proposed rule is hereby withdrawn.
    Withdrawal of this second supplemental NPRM constitutes only such
action, and does not preclude the agency from issuing another action in
the future, nor does it commit the agency to any course of action in
the future.

Regulatory Impact

    Since this action only withdraws a notice of proposed rulemaking,
it is neither a proposed nor a final rule and therefore is not covered
under Executive Order 12866, the Regulatory Flexibility Act, or DOT
Regulatory Policies and Procedures (44 FR 11034, February 26, 1979).

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Withdrawal

    Accordingly, the second supplemental notice of proposed rulemaking,
Directorate Identifier 2000-NM-120-AD, published in the Federal
Register on February 1, 2005 (70 FR 5070), is withdrawn.

    Issued in Renton, Washington, on January 15, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
 [FR Doc. E8-1706 Filed 1-30-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 151 (Tuesday, August 8, 2017)]
[Notices]
[Page 37095]
[FR Doc No: 2017-16693]

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ENVIRONMENTAL PROTECTION AGENCY

[9965-35-OEI]

Cross-Media Electronic Reporting: Authorized Program Revision
Approval, State of Illinois

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces EPA's approval of the State of Illinois'
request to revise its EPA Administered Permit Programs: The National
Pollutant Discharge Elimination System EPA-authorized program to allow
electronic reporting.

DATES: EPA approves of the State of Illinois' authorized program
revision(s) as of August 8, 2017.

FOR FURTHER INFORMATION CONTACT: Karen Seeh, U.S. Environmental
Protection Agency, Office of Environmental Information, Mail Stop
2823T, 1200 Pennsylvania Avenue NW., Washington, DC 20460, (202) 566-
1175<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: On October 13, 2005, the final Cross-Media
Electronic Reporting Rule (CROMERR) was published in the Federal
Register (70 FR 59848) and codified as part 3 of title 40 of the CFR.
CROMERR establishes electronic reporting as an acceptable regulatory
alternative to paper reporting and establishes requirements to assure
that electronic documents are as legally dependable as their paper
counterparts. Subpart D of CROMERR requires that state, tribal or local
government agencies that receive, or wish to begin receiving,
electronic reports under their EPA-authorized programs must apply to
EPA for a revision or modification of those programs and obtain EPA
approval. Subpart D provides standards for such approvals based on
consideration of the electronic document receiving systems that the
state, tribe, or local government will use to implement the electronic
reporting. Additionally, Sec.  3.1000(b) through (e) of 40 CFR part 3,
subpart D provides special procedures for program revisions and
modifications to allow electronic reporting, to be used at the option
of the state, tribe or local government in place of procedures
available under existing program-specific authorization regulations. An
application submitted under the subpart D procedures must show that the
state, tribe or local government has sufficient legal authority to
implement the electronic reporting components of the programs covered
by the application and will use electronic document receiving systems
that meet the applicable subpart D requirements.
    On July 19, 2017, the Illinois Environmental Protection Agency
(IEPA) submitted an application titled ``NPDES e-Reporting Tool'' for
revision to its EPA-approved program under title 40 CFR to allow new
electronic reporting. EPA reviewed IEPA's request to revise its EPA-
authorized Part 123--EPA Administered Permit Programs: The National
Pollutant Discharge Elimination System program and, based on this
review, EPA determined that the application met the standards for
approval of authorized program revision/modification set out in 40 CFR
part 3, subpart D. In accordance with 40 CFR 3.1000(d), this notice of
EPA's decision to approve Illinois's request to revise its Part 123--
EPA Administered Permit Programs: The National Pollutant Discharge
Elimination System program to allow electronic reporting under 40 CFR
parts 122 and 125 is being published in the Federal Register.
    IEPA was notified of EPA's determination to approve its application
with respect to the authorized program listed above.

Matthew Leopard,
Director, Office of Information Management.
[FR Doc. 2017-16693 Filed 8-7-17; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: June 5, 2009 (Volume 74, Number 107)]
[Notices]
[Page 27058-27059]
[DOCID:fr05jn09-87]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Intent To Request Revision From the Office of
Management, and Budget of a Currently Approved Information Collection
Activity, Request for Comments; Bird/Other Wildlife Strike Report

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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SUMMARY: The FAA invites public comments about our intention to request
the Office of Management and Budget (OMB) to approve a current
information collection. Wildlife strike data are collected to develop
standards and monitor hazards to aviation. Data identify wildlife
strike control requirements and provide in-service data on aircraft
component failure.
    On March 19, 2009 [74 FR 11698], the FAA proposed that bird strike
information voluntarily reported to the Agency and entered into the
FAA's Wildlife Hazard Database be designated by an FAA order as
protected from public disclosure in accordance with the provisions of
14 CFR part 193, under 49 U.S.C. 40123. Comments from the public and
aviation industry were solicited through April 20, 2009. Review of the
comments found that the majority came from individuals who did not
support protection of the data. The aviation industry provided very few
comments and also showed little support. The FAA decided not to proceed
with the Part 193 protection for the wildlife strike database. This
notice seeks comments on the new adjusted burden imposed by the data
collection based on more current figures than those reported when the
collection was previously approved in 2007.

DATES: Please submit comments by August 4, 2009.

FOR FURTHER INFORMATION CONTACT: Carla Mauney on<PHONE_NUMBER>, or by
e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Federal Aviation Administration (FAA)

    Title: Bird/Other Wildlife Strike Report.

    Type of Request: Revision of an approved collection.
    OMB Control Number: 2120-0045.
    Forms(s): Form 5200-7.
    Affected Public: A total of 7,666 Respondents.
    Frequency: The information is collected on occasion.
    Estimated Average Burden per Response: Approximately 5 minutes per
response.
    Estimated Annual Burden Hours: An estimated 613 hours annually.
    Abstract: Wildlife strike data are collected to develop standards
and monitor hazards to aviation. Data identify wildlife strike control
requirements and provide in-service data on aircraft component failure.
The FAA form 5200-7, Bird/Other Wildlife Strike Report, is most often
completed by the pilot-in-charge of an aircraft involved in a wildlife
collision or by Air Traffic Control Tower personnel, or other airline
or airport personnel who have knowledge of the incident.

ADDRESSES: Send comments to the FAA at the following address: Ms. Carla
Mauney, Room 712, Federal Aviation Administration, IT Enterprises
Business Services Division, AES-200, 800 Independence Ave., SW.,
Washington, DC 20591.
    Comments are invited on: Whether the proposed collection of
information is necessary for the proper performance of the functions of
the Department, including whether the information will have practical
utility; the accuracy of the Department's estimates of the burden of
the proposed information collection; ways to enhance the quality,
utility and clarity of the information to he collected and ways to
minimize the burden of the collection of information on respondents,
including the use of automated collection techniques or other forms of
information technology.

    Issued in Washington, DC, on May 27, 2009.
Carla Mauney,
FAA Information Collection Clearance Officer, IT Enterprises Business
Services Division, AES-200.
[FR Doc. E9-12973 Filed 6-4-09; 8:45 am]

BILLING CODE 4910-13-M


[Federal Register: June 23, 2010 (Volume 75, Number 120)]
[Notices]
[Page 35782-35783]
[DOCID:fr23jn10-67]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

June 08, 2010.
    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

    Docket Numbers: RP10-828-000.
    Applicants: Columbia Gas Transmission, LLC.
    Description: Columbia Gas Transmission, LLC submits tariff filing
per 154.204: Non-Conforming Agreement--AEP to be effective 7/7/2010.
    Filed Date: 06/07/2010.
    Accession Number: 20100607-5041.
    Comment Date: 5 p.m. Eastern Time on Monday, June 21, 2010.

    Docket Numbers: RP10-829-000.
    Applicants: Southern LNG Company, LLC.
    Description: Southern LNG Company, LLC submits First Revised Sheet
42 to FERC Gas Tariff, Original Volume 1 to be effective 8/1/10.
    Filed Date: 06/07/2010.
    Accession Number: 20100607-0213.
    Comment Date: 5 p.m. Eastern Time on Monday, June 21, 2010.

    Docket Numbers: RP10-830-000.
    Applicants: Mojave Pipeline Company.
    Description: Mojave Pipeline Company submits tariff filing per
154.203: Baseline to be effective 6/7/2010.
    Filed Date: 06/07/2010.
    Accession Number: 20100607-5121.
    Comment Date: 5 p.m. Eastern Time on Monday, June 21, 2010.

    Docket Numbers: RP10-831-000.
    Applicants: Panther Interstate Pipeline Energy, LLC.
    Description: Panther Interstate Pipeline Energy, LLC submits Third

Revised Sheet 58 to FERC Gas Tariff, Original Volume 1.
    Filed Date: 06/07/2010.
    Accession Number: 20100608-0202.
    Comment Date: 5 p.m. Eastern Time on Monday, June 21, 2010.

    Docket Numbers: OR10-16-000.
    Applicants: MV Purchasing, LLC.
    Description: MV Purchasing, LLC. files a request for temporary
waiver of the tariff filing and reporting requirements applicable to
interstate oil pipelines under sections 6 and 20 of the Interstate
Commerce Act, 49 U.S.C. app. Sec. Sec.  6, 20 (1988), and parts 341 and
357 of the Commission's regulations.
    Filed Date: 06/03/2010.
    Accession Number: 20100603-5079.
    Comment Date: 5 p.m. Eastern Time on Monday, June 21, 2010.

    Docket Numbers: CP10-451-000.
    Applicants: Transcontinental Gas Pipe Line Company, LLC.
    Description: Application for Order permitting and approving
abandonment of service re Transcontinental Gas Pipe Line Company, LLC.
    Filed Date: 06/03/2010.
    Accession Number: 20100604-0201.
    Comment Date: 5 p.m. Eastern Time on Tuesday, June 15, 2010.

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. 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. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://
www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also 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 e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2010-15124 Filed 6-22-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 242 (Tuesday, December 17, 2013)]
[Notices]
[Pages 76398-76399]
[FR Doc No: 2013-29951]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[FMCSA Docket No. FMCSA-2013-0188]

Qualification of Drivers; Exemption Applications; Diabetes
Mellitus

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

ACTION: Notice of final disposition.

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

SUMMARY: FMCSA announces its decision to exempt 29 individuals from its
rule prohibiting persons with insulin-treated diabetes mellitus (ITDM)
from operating commercial motor vehicles (CMVs) in interstate commerce.
The exemptions will enable these individuals to operate CMVs in
interstate commerce.

DATES: The exemptions are effective December 17, 2013. The exemptions
expire on December 17, 2015.

FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, Chief, Medical
Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA, Room
W64-224, Department of Transportation, 1200 New Jersey Avenue SE.,
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m.,
Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Electronic Access

    You may see all the comments online through the Federal Document
Management System (FDMS) at: http://www.regulations.gov.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov and/or Room W12-140 on the
ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
    Privacy Act: Anyone may search the electronic form of all comments
received into any of DOT's dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, or other
entity). You may review DOT's Privacy Act Statement for the Federal
Docket Management System (FDMS) published in the Federal Register on
January 17, 2008 (73 FR 3316).

Background

    On October 23, 2013, FMCSA published a notice of receipt of Federal
diabetes exemption applications from 29 individuals and requested
comments from the public (78 FR 63280). The public comment period
closed on November 22, 2013, and no comments were received.
    FMCSA has evaluated the eligibility of the 29 applicants and
determined that granting the exemptions to these individuals would
achieve a level of safety equivalent to or greater than the level that
would be achieved by complying with the current regulation 49 CFR
391.41(b)(3).

Diabetes Mellitus and Driving Experience of the Applicants

    The Agency established the current requirement for diabetes in 1970
because several risk studies indicated that drivers with diabetes had a
higher rate of crash involvement than the general population. The
diabetes rule provides that ``A person is physically qualified to drive
a commercial motor vehicle if that person has no established medical
history or clinical diagnosis of diabetes mellitus currently requiring
insulin for control'' (49 CFR 391.41(b)(3)).
    FMCSA established its diabetes exemption program, based on the
Agency's July 2000 study entitled ``A Report to Congress on the
Feasibility of a Program to Qualify Individuals with Insulin-Treated
Diabetes Mellitus to Operate in Interstate Commerce as Directed by the
Transportation Act for the 21st Century.'' The report concluded that a
safe and practicable protocol to allow some drivers with ITDM to
operate CMVs is feasible. The September 3, 2003 (68 FR 52441), Federal
Register notice in conjunction with the November 8, 2005 (70 FR 67777),
Federal Register notice provides the current protocol for allowing such
drivers to operate CMVs in interstate commerce.
    These 29 applicants have had ITDM over a range of 1 to 39 years.
These

applicants report no severe hypoglycemic reactions resulting in loss of
consciousness or seizure, requiring the assistance of another person,
or resulting in impaired cognitive function that occurred without
warning symptoms, in the past 12 months and no recurrent (2 or more)
severe hypoglycemic episodes in the past 5 years. In each case, an
endocrinologist verified that the driver has demonstrated a willingness
to properly monitor and manage his/her diabetes mellitus, received
education related to diabetes management, and is on a stable insulin
regimen. These drivers report no other disqualifying conditions,
including diabetes-related complications. Each meets the vision
requirement at 49 CFR 391.41(b)(10).
    The qualifications and medical condition of each applicant were
stated and discussed in detail in the October 23, 2013, Federal
Register notice and they will not be repeated in this notice.

Discussion of Comments

    FMCSA received no comments in this proceeding.

Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the diabetes requirement in 49 CFR 391.41(b)(3) if the exemption
is likely to achieve an equivalent or greater level of safety than
would be achieved without the exemption. The exemption allows the
applicants to operate CMVs in interstate commerce.
    To evaluate the effect of these exemptions on safety, FMCSA
considered medical reports about the applicants' ITDM and vision, and
reviewed the treating endocrinologists' medical opinion related to the
ability of the driver to safely operate a CMV while using insulin.
    Consequently, FMCSA finds that in each case exempting these
applicants from the diabetes requirement in 49 CFR 391.41(b)(3) is
likely to achieve a level of safety equal to that existing without the
exemption.

Conditions and Requirements

    The terms and conditions of the exemption will be provided to the
applicants in the exemption document and they include the following:
(1) That each individual submit a quarterly monitoring checklist
completed by the treating endocrinologist as well as an annual
checklist with a comprehensive medical evaluation; (2) that each
individual reports within 2 business days of occurrence, all episodes
of severe hypoglycemia, significant complications, or inability to
manage diabetes; also, any involvement in an accident or any other
adverse event in a CMV or personal vehicle, whether or not it is
related to an episode of hypoglycemia; (3) that each individual provide
a copy of the ophthalmologist's or optometrist's report to the medical
examiner at the time of the annual medical examination; and (4) that
each individual provide a copy of the annual medical certification to
the employer for retention in the driver's qualification file, or keep
a copy in his/her driver's qualification file if he/she is self-
employed. The driver must also have a copy of the certification when
driving, for presentation to a duly authorized Federal, State, or local
enforcement official.

Conclusion

    Based upon its evaluation of the 29 exemption applications, FMCSA
exempts Toni Benfield (SC), Delbert L. Bennett, Jr. (ID), Daniel A.
Bryan (PA), Stephen A. Cronin (FL), Paul J. Dent (IA), Lee E. Emery
(ME), Marshall H. Evans (IL), Joseph M. Fiorelli (PA), David W. Foster
(TN), Francis M. Garlach, III (PA), Darren L. Graham (TX), James M.
Harvey (OH), Jerry D. Joseph (OH), Neal S. Kassebaum (TN), Kevin E.
Kneff (MO), Ronald Mooney (OR), Martin J. Mostyn (OH), Floyd P. Murray,
Jr. (UT), Cameron J. Ohl (NC), Mark A. Pille (IA), Glen E. Pozernick
(ID), Jody R. Prause (MI), Andrew Quaglia (NY), Gilbert Rios (OH),
Joseph T. Schafer, Jr. (PA), Gary A. Sjokvist (ND), Richard D. Stalter
(AR), Charles W. Sterling (WA), and Carl F. Wagner, Jr. (IN) from the
ITDM requirement in 49 CFR 391.41(b)(3), subject to the conditions
listed under ``Conditions and Requirements'' above.
    In accordance with 49 U.S.C. 31136(e) and 31315 each exemption will
be valid for two years unless revoked earlier by FMCSA. The exemption
will be revoked if the following occurs: (1) The person fails to comply
with the terms and conditions of the 1/exemption; (2) the exemption has
resulted in a lower level of safety than was maintained before it was
granted; or (3) continuation of the exemption would not be consistent
with the goals and objectives of 49 U.S.C. 31136(e) and 31315. If the
exemption is still effective at the end of the 2-year period, the
person may apply to FMCSA for a renewal under procedures in effect at
that time.

    Issued on: December 3, 2013.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013-29951 Filed 12-16-13; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 76, Number 69 (Monday, April 11, 2011)]
[Notices]
[Pages 20066-20067]
[FR Doc No: 2011-8498]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-64189; File No. SR-CBOE-2011-008]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Order Granting Approval of Proposed Rule Change To Permit
the Listing of Series With $0.50 and $1 Strike Price Increments on
Certain Options Used To Calculate Volatility Indexes

April 5, 2011.

I. Introduction

    On February 4, 2011, the Chicago Board Options Exchange,
Incorporated (``CBOE'' or ``Exchange'') filed with the Securities and
Exchange Commission (``Commission''), pursuant to Section 19(b)(1) of
the Securities Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4
thereunder,\2\ a proposed rule change to expand the $2.50 Strike Price
Program. The proposed rule change was published for comment in the
Federal Register on February 24, 2011.\3\ The Commission received no
comment letters on the proposal. This order approves the proposed rule
change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Securities Exchange Act Release No. 63927 (February 17,
2011), 76 FR 10412 (``Notice'').
---------------------------------------------------------------------------

II. Description of the Proposal

    CBOE has proposed to amend Rules 5.5 and 24.9 to permit the listing
of strike prices in $0.50 intervals where the strike price is less than
$75, and strike prices in $1.00 intervals where the strike price is
between $75 and $150 for option classes used to calculate volatility
indexes. The Exchange also proposed to amend Interpretation and Policy
.08 to Rule 5.5 to permit $0.50 strike price intervals where the strike
price is less than $75 for options on exchange-traded funds (``ETFs'')
that are used to calculate a volatility index.
    In its proposal, CBOE seeks to apply its VIX methodology \4\ to
options on certain ETFs and individual equity

securities, and believes that it is appropriate to designate strike
price intervals and ranges for series in such options that are
comparable to those strike price intervals and ranges in effect for the
SPX option series. The Exchange hopes that this will permit calculation
of volatility index values that are recognized to be as accurate and
reliable as the VIX values. The Exchange stated that allowing smaller
strike price intervals for options overlying single stocks, ETFs, and
indexes with prices of $150 or less will allow the Exchange to
calculate volatility indexes that are better estimates of the expected
volatility of option classes with underlying prices that are low
relative to the level of the S&P 500.
---------------------------------------------------------------------------

    \4\ The VIX methodology is derived from a body of research
showing that it is possible to create pure exposure to volatility by
assembling a special portfolio of options. While the price of a
single option depends on both the underlying price and volatility,
this special portfolio is constructed, in the aggregate, to
eliminate the stock price dependence. In theory, this option
portfolio would be comprised of an infinite number of options with
continuous strike prices. In practice, however, the options that are
used to calculate VIX--as well as other volatility indexes--are
finite in number and are subject to a minimum interval between
strike prices. The narrower this minimum interval, the more accurate
the expression of volatility should be.
---------------------------------------------------------------------------

    The Exchange also stated its belief that the expansion of strike
prices resulting from the proposal is limited because the proposal will
apply only to options that are used to calculate a volatility index.
CBOE further stated that it has analyzed its capacity and represented
that it believes that the Exchange and the Options Price Reporting
Authority have the necessary systems capacity to handle the additional
traffic associated with the listing series with strike prices in $0.50
intervals where the strike price is less than $75, and series with
strike prices in $1.00 intervals where the strike price is between $75
and $150 for option classes used to calculate volatility indexes that
would result from the Exchange's proposal.

III. Discussion

    The Commission finds that the proposed rule change is consistent
with the requirements of the Act and the rules and regulations
thereunder applicable to a national securities exchange.\5\
Specifically, the Commission finds that the proposal is consistent with
Section 6(b)(5) of the Act,\6\ which requires, among other things, that
the rules of a national securities exchange be designed to promote just
and equitable principles of trade, to prevent fraudulent and
manipulative acts, 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.
---------------------------------------------------------------------------

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

    The proposal appears to strike a reasonable balance between the
Exchange's desire to offer a wider array of investment opportunities
and the need to avoid unnecessary proliferation of options series and
the corresponding increase in quotes and market fragmentation. The
Commission expects the Exchange to monitor the trading volume
associated with the additional options series listed as a result of
this proposal and the effect of these additional series on market
fragmentation and on the capacity of the Exchange's, OPRA's, and
vendors' automated systems. The Commission notes that CBOE has
represented that it believes the Exchange and the Options Price
Reporting Authority have the necessary systems capacity to handle the
additional traffic associated with the newly permitted listings.

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\7\ that the proposed rule change (SR-CBOE-2011-008) be, and it
hereby is, approved.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
---------------------------------------------------------------------------

    \8\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Cathy H. Ahn,
Deputy Secretary.
[FR Doc. 2011-8498 Filed 4-8-11; 8:45 am]
BILLING CODE 8011-01-P


" Smith, Anne" < ASmith@ crai. com>

07/ 08/ 2006 07: 20 AM T o Johnd Bachmann/ RTP/ USEPA/ US@ EPA c c clangworthy@ hunton. com S u b j e c t Follow up on your question about rollbacks Dear John,

On June 19, you asked for information on how we had performed the annual standard rollbacks in a sensitivity analysis on Figure 5 1 of the Staff Paper. Due to an oversight, the information did not get sent to you promptly. I apologize for that, and am sending you some more detailed information on that sensitivity analysis now.

The attached file shows a breakdown of the three elements of the sensitivity analysis. The upper left of the attached slide shows the figure as it is in the Staff Paper. The upper right shows the effect of JUST revising the method of rollback to exactly attain the annual average. It is that single step that you asked about, and which I will describe below. However, the two figures on the lower part of the graph show the effect of then also calculating mortality to background rather than to LML ( lower left) or then also performing the alternative peak rollback for attaining the daily standard ( lower right). ( The bottom two figures are thus two way sensitivities on Figure 5 1, or one way sensitivities on the figure in the upper right, as the arrows on the figure indicate). The combined effect of all three elements was the figure in the June 19 presentation ( on slide 8).

I will now summarize how these sensitivity cases were developed.

We did not use daily data for each monitor in the city, as EPA has done. Instead, we found that a lognormal distribution could be fitted to the distributional summary statistics reported in EPA's Risk Assessment for " just attaining" the current standard, and that proportional rollbacks of this fitted distribution using the rollback factors that EPA reported would very closely reproduce the entire set of percent mortality changes in Figure 5 1 for each city. This method was reasonable as a sensitivity analysis to understand the determinants and responsiveness of the information in Figures 5 1 and 5 2. For this purpose, it did not need to provide a precise reproduction of the calculations that EPA would perform using exact daily data from each individual monitor in the city. ( However, I do not believe such precision is meaningful even for EPA's final risk assessment.) Sensitivity to Annual Standard Rollback (" Exact Attainment"). By applying the EPA rollback factors for each alternative annual standard where the daily standard was not controlling, we were able to confirm that EPA's simulation of " just attaining" the annual standards produced annual average values that were substantially lower than the annual standard. In our sensitivity case, we then used an alternative rollback factor that would cause the annual average of the fitted lognormal distribution to be exactly equal to the annual standard itself. This new distribution would then be rolled back again to meet each of the daily standards, if they were not also met as a result of the annual standard rollback. For graphs that show the effect of only the change in the annual standard rollback, ( e. g., the upper right of the attached file) the daily rollbacks were still performed using EPA's method of proportional rollback of the full distribution The rollback factor for the latter was determined by the value of the 98th percentile on the revised lognormal distribution. As the figures we have supplied reveal, the alternative annual standard rollback has the least impact of the three on the percent risk changes. Sensitivity to Daily Standard Rollback (" Minimum Rollback of Peak Days to Just Attain Daily Standard"). After performing the rollbacks necessary for exactly attaining the annual standard, it can be determined if additional rollback is necessary to attain the daily standard. This was done by looking at the value at the 98th percentile of the new distribution. Under our sensitivity case, we reduced all daily values above the 24 hour standard down to just below the level of that standard ( in our discretized analysis, those days were assigned an average PM2.5 value of 0.5 µ g/ m3 below the level of the standard.) The figures provided show this sensitivity only in combination with " Exact Attainment" of the annual standard, and should therefore be compared to the " Exact Attainment" figure to observe its individual sensitivity. As can be seen, this has a substantial effect, particularly by " flattening" the apparent " knee in the curve" of Figure 5 1. Sensitivity to Use of LML in place of Background (" Calculation Mortality to Background"). The calculation of risks ( and percent reduction in risks) was done by EPA only down to the LML of 7.5 µ g/ m3. When reproducing EPA's figures, we also used that LML unless otherwise noted. In our sensitivity case for the LML, we replaced the LML value in the calculation with the city's assumed background level ( 2.5 µ g/ m3 for Los Angeles and 3.5 µ g/ m3 for Philadelphia). This change also has a significant effect, particularly by " lowering" the percentage reduction achieved across the entire figure. It raises the absolute number of deaths estimated at the current standard ( simply because it counts all that are supposedly due to anthropogenic PM2.5) but doing so also dramatically alters the suggestion of Figure 5 1 that very much of that risk can be eliminated by changing the standard within the ranges being considered. As CASAC was striving for a standard that would achieve a risk reduction in the range of 40 to 70 percent in each of the cities, the fact that this could only be done by not counting risks below the LML is a highly relevant piece of information.

I hope this helps, and I am sorry again for the delay in my response. Let me know if you have any questions. Anne Smith CRA International ( 202) 662 3872


Pendimethalin Team Holds Focus Meeting with BASF
On November 20, 2012, staff from EPA's Office of Pesticide Programs met with BASF to discuss several topics related to the registration review of pendimethalin.  Topics discussed ranged from the anticipated data requirements, label language clarification, usage questions and clarification, and the anticipated endangered species assessment.  A representative from United Phosphorus was also present via conference call but could not take part in the discussion due to technical difficulties.


[Federal Register: November 28, 2008 (Volume 73, Number 230)]
[Notices]
[Page 72548-72551]
[DOCID:fr28no08-131]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58993; File No. SR-NYSEArca-2008-128]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Order Granting Accelerated Approval of Proposed Rule Change
Relating to Listing of PowerShares DB Funds

November 21, 2008.
    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 5, 2008, NYSE Arca, Inc. (``NYSE Arca'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons and approving the proposed
rule change on an accelerated basis.
---------------------------------------------------------------------------

    \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

    Pursuant to the provisions of Section 19(b)(1) of the Act,\3\ the
Exchange, through its wholly owned subsidiary NYSE Arca Equities, Inc.
(``NYSE Arca Equities''), proposes to list and trade shares of the
PowerShares DB Commodity Index Tracking Fund (symbol: DBC); PowerShares
DB Energy Fund (DBE); PowerShares DB Oil Fund (DBO); PowerShares DB
Precious Metals Fund (DBP); PowerShares DB Gold Fund (DGL); PowerShares
DB Silver Fund (DBS); PowerShares DB Base Metals Fund (DBB);
PowerShares DB Agriculture Fund (DBA); PowerShares DB G10 Currency
Harvest Fund (DBV); PowerShares DB U.S. Dollar Index Bullish Fund
(UUP); and PowerShares DB U.S. Dollar Index Bearish Fund (UDN)
(collectively the ``Funds'') under Commentary .02 to NYSE Arca Equities
Rule 8.200. The text of the proposed rule change is available on the
Exchange's Web site at http://www.nyse.com, at the Exchange's principal
office and at the Commission's Public Reference Room.
---------------------------------------------------------------------------

    \3\ 15 U.S.C. 78s(b)(1).
---------------------------------------------------------------------------

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

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

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

1. Purpose
    Pursuant to Commentary .02 to NYSE Arca Equities Rule 8.200, the
Exchange may approve for listing and trading trust issued receipts
(``TIRs'') investing in shares or securities (``Investment Shares'')
that hold investments in any combination of futures contracts, options
on futures contracts, forward contracts, commodities, swaps or high
credit quality short-term fixed income securities or other
securities.\4\ The Exchange proposes to list and trade the shares of
each of the Funds (the ``Shares''), which represent beneficial
ownership interests in the corresponding Master Fund's net assets, as
described in the Registration Statements for the Funds.\5\
---------------------------------------------------------------------------

    \4\ In April 2006, the Commission approved Commentary .02 to
NYSE Arca Equities Rule 8.200, which sets forth the rules related to
listing and trading criteria for Investment Shares. See Securities
Exchange Act Release No. 53736 (April 27, 2006), 71 FR 26582 (May 5,
2006) (SR-PCX-2006-22).
    \5\ See Registration Statements on Form S-1 o Form S-1A for
PowerShares DB Commodity Index Tracking Fund (No. 333-150217, dated
April 11, 2008); PowerShares DB G10 Currency Harvest Fund (No.
132484, May 16, 2008); PowerShares DB U.S. Dollar Index Bullish Fund
and PowerShares DB U.S. Dollar Index Bearish Fund (No. 333-150588,
dated May 2, 2008); PowerShares DB Energy Fund, PowerShares DB Oil
Fund, PowerShares DB Precious Metals Fund, PowerShares DB Gold Fund,
the PowerShares DB Silver Fund, the PowerShares DB Base Metals Fund,
and PowerShares DB Agriculture Fund (No. 333-150501, dated June 25,
2008).
---------------------------------------------------------------------------

    The Funds are currently listed on NYSE Alternext U.S. LLC (NYSE
Alternext U.S. (formerly, the American Stock Exchange LLC (``Amex''))
\6\ and are traded on the Exchange pursuant to unlisted trading
privileges (``UTP'').\7\ Prior to listing on the Exchange, the Funds
would be required to satisfy the applicable delisting procedures of
NYSE Alternext U.S. and applicable statutory and regulatory
requirements, including, without limitation, Section 12 of the
Securities Exchange Act of 1934 (``Exchange Act''),\8\ relating to
listing the Shares on the Exchange.\9\
---------------------------------------------------------------------------

    \6\ See Securities Exchange Act Release Nos. 53105 (January 11,
2006), 71 FR 3129 (January 19, 2006) (SR-Amex-2005-59) (approving
listing of DB Commodity Index Tracking Fund (now known as
PowerShares DB Commodity Index Tracking Fund )); 55292 (February 14,
2007), 72 FR 8406 (February 26, 2007) (SR-Amex-2006-86) (approving
listing of the PowerShares DB U.S. Dollar Index Bullish Fund and
PowerShares DB U.S. Dollar Index Bearish Fund; 54450 (September 14,
2006), 71 FR 55230 (September 21, 2006) (SR-Amex-2006-44) (approving
listing of DB Currency Index Value Fund (now known as PowerShares DB
G10 Currency Harvest Fund)); 55029 (December 29, 2006), 72 FR 806
(January 8, 2007) (SR-Amex-2006-76) (approving listing of
PowerShares DB Energy Fund, the PowerShares DB Oil Fund, PowerShares
DB Precious Metals Fund, the PowerShares DB Gold Fund, the
PowerShares DB Silver Fund, the PowerShares DB Base Metals Fund, and
the PowerShares DB Agriculture Fund) (collectively, ``Amex
Filings'').
    \7\ See Securities Exchange Act Release Nos. 53736 (April 27,
2006), 71 FR 26582 (May 5, 2006) (SR-PCX-2006-22) (order approving
UTP trading of DB Commodity Index Tracking Fund (now known as
PowerShares DB Commodity Index Tracking Fund); 54569 (October 4,
2006), 71 FR 60594 (October 13, 2006) (SR-NYSEArca-2006-64) (order
approving UTP trading of PowerShares DB G10 Currency Harvest Fund);
55484 (March 16, 2007), 72 FR 13847 (March 23, 2007) (SR-NYSEArca-
2006-67) (order approving UTP trading of PowerShares DB U.S. Dollar
Index Bullish Fund and PowerShares DB U.S. Dollar Index Bearish
Fund; 55453 (March 13, 2007), 72 FR 13333 (March 21, 2007) (SR-
NYSEArca-2006-62) (order approving UTP trading of PowerShares DB
Energy Fund, PowerShares DB Oil Fund, PowerShares DB Precious Metals
Fund, PowerShares DB Gold Fund, PowerShares DB Silver Fund,
PowerShares DB Base Metals Fund, and PowerShares DB Agriculture
Fund) (collectively, ``UTP Filings'').
    \8\ 15 U.S.C. 78(l).
    \9\ The Exchange will seek the voluntary consent of the issuer
of the Shares to be delisted from NYSE Alternext U.S. and listed on
the Exchange. The Exchange notes that its approval of the Funds'
listing applications would be required prior to listing.
---------------------------------------------------------------------------

    Descriptions of the Funds and their underlying indexes
(``Indexes'') are included in the Amex Filings, the UTP Filings, and
the respective Registration Statements for the Funds.\10\ The Exchange
represents that the Funds satisfy the requirements of Rule 8.200,
Commentary .02 and thereby qualify for listing on the Exchange. The
Exchange states that all of the facts describing the Funds and the
Shares contained in the Amex Filings are true and correct as of the
date of this filing. The Exchange states further that the
representations included in the Amex Filings relating to the
dissemination and availability of information regarding the Shares will
apply to listing and trading of the Shares on the Exchange.\11\ To the
extent

NYSE Alternext US has any affirmative obligations with respect to
dissemination of information or key values relating to the Shares, the
Exchange represents that it would take the place of NYSE Alternext US
in such role and discharge such obligations.
---------------------------------------------------------------------------

    \10\ See notes 5-7, supra.
    \11\ The Exchange notes that the Funds' Web site is http://
www.DBFunds.DB.com. The Exchange's Web site (http://www.nyse.com)
will contain a link to the Funds' Web site. Additional information
relating to the Funds is available on http://
www.invescopowershares.com.
---------------------------------------------------------------------------

    The Funds will comply with the requirements of Rule 10A-3 \12\
under the Act.
---------------------------------------------------------------------------

    \12\ 17 CFR 240.10A-3.
---------------------------------------------------------------------------

    Trading Rules
    The Exchange deems the Shares to be equity securities, thus
rendering trading in the Shares subject to the Exchange's existing
rules governing the trading of equity securities. Shares will trade on
the NYSE Arca Marketplace from 4 a.m. to 8 p.m. Eastern time. The
Exchange has appropriate rules to facilitate transactions in the Shares
during all trading sessions. The minimum trading increment for Shares
on the Exchange will be $0.01.
    The trading of the Shares will be subject to Commentary .02(e)(1)-
(4) to NYSE Arca Equities Rule 8.200, which sets forth certain
restrictions on ETP Holders acting as registered Market Makers in TIRs
that invest in Investment Shares to facilitate surveillance. See
``Surveillance'' below for more information.
    With respect to trading halts, the Exchange may consider all
relevant factors in exercising its discretion to halt or suspend
trading in the Shares. Trading may be halted because of market
conditions or for reasons that, in the view of the Exchange, make
trading in the Shares inadvisable. These may include: (1) The extent to
which trading is not occurring in the underlying futures contracts, or
(2) whether other unusual conditions or circumstances detrimental to
the maintenance of a fair and orderly market are present. In addition,
trading in Shares will be subject to trading halts caused by
extraordinary market volatility pursuant to the Exchange's ``circuit
breaker'' rule \13\ or by the halt or suspension of trading of the
underlying futures contracts.
---------------------------------------------------------------------------

    \13\ See NYSE Arca Equities Rule 7.12.
---------------------------------------------------------------------------

    Surveillance
    The Exchange intends to utilize its existing surveillance
procedures applicable to derivative products, including Trust Issued
Receipts, to monitor trading in the Shares. The Exchange represents
that these procedures are adequate to properly monitor Exchange trading
of the Shares in all trading sessions and to deter and detect
violations of Exchange rules and applicable federal securities laws.
    The Exchange's current trading surveillances focus on detecting
securities trading outside their normal patterns. When such situations
are detected, surveillance analysis follows and investigations are
opened, where appropriate, to review the behavior of all relevant
parties for all relevant trading violations. The Exchange is able to
obtain information regarding trading in the Shares, the physical
commodities included in, or options, futures or options on futures on,
the Indexes or any other derivatives based on the Indexes, through ETP
Holders, in connection with such ETP Holders' proprietary or customer
trades which they effect on any relevant market. With regard to the
Index components, the Exchange can obtain market surveillance
information, including customer identity information, with respect to
transactions occurring on the New York Mercantile Exchange, the
InterContinental Exchange and the London Metal Exchange, pursuant to
its comprehensive information sharing agreements with each of those
exchanges. All of the other trading venues on which current Index
components are traded are members of the Intermarket Surveillance Group
(``ISG'') and the Exchange therefore has access to all relevant trading
information with respect to those contracts without any further action
being required on the part of the Exchange. A list of ISG members is
available at http://www.isgportal.org.
    In addition, not more than 10% of the weight of the applicable
Index in the aggregate shall consist of components whose principal
trading market is not a member of ISG or is a market with which the
Exchange does not have a comprehensive surveillance sharing agreement.
    The Exchange also has a general policy prohibiting the distribution
of material, non-public information by its employees.
    Information Bulletin
    Prior to the commencement of trading, the Exchange will inform its
ETP Holders in an Information Bulletin of the special characteristics
and risks associated with trading the Shares. Specifically, the
Information Bulletin will discuss the following: (1) The procedures for
purchases and redemptions of Shares in Baskets (and that Shares are not
individually redeemable); (2) NYSE Arca Equities Rule 9.2(a), which
imposes a duty of due diligence on its ETP Holders to learn the
essential facts relating to every customer prior to trading the Shares;
(3) how information regarding the IFVs is disseminated; (4) the
requirement that ETP Holders deliver a prospectus to investors
purchasing newly issued Shares prior to or concurrently with the
confirmation of a transaction; (5) trading information; and (6) the
risks involved in trading the Shares in the Opening and Late Trading
Sessions when an updated IFV will not be calculated or publicly
disseminated.\14\
---------------------------------------------------------------------------

    \14\ See e-mail from Michael Cavalier, Chief Counsel, NYSE
Euronext, to Mitra Mehr, Special Counsel and Brian O'Neill,
Attorney, Division of Trading and Markets, Commission, dated
November 20, 2008.
---------------------------------------------------------------------------

    In addition, the Information Bulletin will advise ETP Holders,
prior to the commencement of trading, of the prospectus delivery
requirements applicable to the Funds. The Exchange notes that investors
purchasing Shares directly from a Fund (by delivery of the
corresponding Cash Deposit Amount) will receive a prospectus. ETP
Holders purchasing Shares from a Fund for resale to investors will
deliver a prospectus to such investors. The Information Bulletin will
also discuss any exemptive, no-action and interpretive relief granted
by the Commission from any rules under the Act.
    In addition, the Information Bulletin will reference that the Funds
are subject to various fees and expenses described in the Registration
Statement. The Information Bulletin will also reference that the CFTC
has regulatory jurisdiction over the trading of futures contracts.
    The Information Bulletin will also disclose the trading hours of
the Shares of the Funds and that the NAV for the Shares is calculated
after 4 p.m. ET each trading day. The Bulletin will disclose that
information about the Shares of each Fund and the corresponding Indexes
is publicly available on the Funds' Web site.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) \15\ of
the Act in general and furthers the objectives of Section 6(b)(5) \16\
in particular in that it is designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, to foster cooperation and coordination with
persons engaged in facilitating transactions in securities, and to
remove impediments to and perfect the mechanism of a free and open
market and a national market system. The Exchange believes that the
proposed rule change will permit the

listing of the Shares on the Exchange, to the benefit of investors and
the marketplace. In addition, the listing and trading criteria set
forth in Rule 8.200 are intended to protect investors and the public
interest.
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78f(b).
    \16\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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 that is not necessary or appropriate
in furtherance of the purposes of the Act.

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

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

III. 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 e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2008-128 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2008-128. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/
rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room, 100 F Street,
NE., Washington, DC 20549, on official business days between the hours
of 10 a.m. and 3 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-NYSEArca-2008-128 and should
be submitted on or before December 19, 2008.

IV. Commission's Findings and Order Granting Accelerated Approval of
the Proposed Rule Change

    After careful consideration, the Commission finds that the proposed
rule change is consistent with the requirements of the Act and the
rules and regulations thereunder applicable to a national securities
exchange.\17\ In particular, the Commission believes that the proposal
is consistent with Section 6(b)(5) of the Act,\18\ which requires,
among other things, that the rules of a national securities exchange be
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.
---------------------------------------------------------------------------

    \17\ In approving this rule change, the Commission notes that it
has considered the proposed rule's impact on efficiency,
competition, and capital formation. See 15 U.S.C. 78c(f).
    \18\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange proposes to list and trade the Shares pursuant to
Commentary .02 to NYSE Arca Equities Rule 8.200. NYSE Arca represents
that the Shares satisfy the requirements of Commentary .02 of Rule
8.200, which include initial and continued listing criteria to which
the Shares will be subject. The Exchange deems the Shares to be equity
securities, thus subjecting the Shares to the Exchange's existing rules
governing the trading of equity securities. The Shares will trade on
the Exchange from 4 a.m. to 8 p.m. Eastern Time. The Commission
approved the listing and trading of the Shares on Amex,\19\ now known
as NYSE Alternext US, and trading of the Shares pursuant to UTP on NYSE
Arca.\20\
---------------------------------------------------------------------------

    \19\ See Amex Filings, supra note 6.
    \20\ See UTP Filings, supra note 7.
---------------------------------------------------------------------------

    The Commission believes that the proposal to list and trade the
Shares on the Exchange is consistent with Section 11A(a)(1)(C)(iii) of
the Act,\21\ which sets forth Congress' finding that it is in the
public interest and appropriate for the protection of investors and the
maintenance of fair and orderly markets to assure the availability to
brokers, dealers, and investors of information with respect to
quotations for and transactions in securities. The Exchange states
that: (1) The representations included in the Amex Filings relating to
the dissemination and availability of information regarding the Shares
will apply to listing and trading of the Shares on the Exchange; and
(2) to the extent NYSE Alternext US has any affirmative obligations
with respect to dissemination of information or key values relating to
the Shares, the Exchange will assume the role of NYSE Alternext US and
discharge such obligations. Accordingly, among other things:
---------------------------------------------------------------------------

    \21\ 15 U.S.C. 78k-1(a)(1)(C)(iii).
---------------------------------------------------------------------------

    1. Shortly after 4 p.m. each business day, the NAV of the Trust,
(for orders properly placed by 4 p.m. during the day), and the next
day's Indicative Basket Amount are disseminated; \22\
---------------------------------------------------------------------------

    \22\ See supra note 6, 71 FR at 3133; supra note 6, 72 FR at
8407; supra note 6, 71 FR at 55232; and supra note 6, 72 FR at 808.
---------------------------------------------------------------------------

    2. The IFV will be disseminated on a per Share basis at least every
15 seconds between 9:30 a.m. and 4:15 p.m. Eastern Time; \23\
---------------------------------------------------------------------------

    \23\ See supra note 6, 71 FR at 3132; supra note 6, 72 FR at
8407; supra note 6, 71 FR at 55233; and supra note 6, 72 FR at 808.
---------------------------------------------------------------------------

    3. The Trust's Web site is and will be publicly accessible at no
charge and will contain, among other things, the NAV of the Shares and
the underlying Basket Amount as of the prior business day, the
Indicative Basket Amount, the Bid-Ask Price, and a calculation of the
premium or discount of the Bid-Ask Price in relation to the closing
NAV; \24\
---------------------------------------------------------------------------

    \24\ See supra note 6, 71 FR at 3133; supra note 6, 72 FR at
8407; supra note 6, 71 FR at 55233; and supra note 6, 72 FR at 808.
---------------------------------------------------------------------------

    4. The Trust's Web site, to which the NYSE Arca will link, will
also provide data in chart form displaying the frequency distribution
of discounts and premiums of the Bid-Ask Price against the NAV, within
appropriate ranges for each of the four previous calendar quarters, the
Prospectus, and other applicable quantitative information; \25\ and
---------------------------------------------------------------------------

    \25\ See supra note 6, 71 FR at 3133; supra note 6, 72 FR at
8407; supra note 6, 71 FR at 55233; and supra note 6, 72 FR at 808.
---------------------------------------------------------------------------

    5. The Exchange will provide a hyperlink on its Web site to the
Funds' Web site (http://www.DBFunds.DB.com).\26\
---------------------------------------------------------------------------

    \26\ See supra note 6, 71 FR at 3133; supra note 6, 72 FR at
8407; supra note 6, 71 FR at 55233; and supra note 6, 72 FR at 808.
---------------------------------------------------------------------------

    The Commission also believes that the proposal to list and trade
the Shares is

reasonably designed to promote fair disclosure of information that may
be necessary to price the Shares appropriately and to prevent trading
when a reasonable degree of transparency cannot be assured. Under its
continued listing standards, the Exchange will consider suspending
trading in the Shares or removing them from listing if: (1) After the
12-month period following the commencement of trading on the Exchange,
the issuer has more than 60 days remaining until termination and there
are fewer than 50 record and/or beneficial holders for 30 or more
consecutive days, the issuer has fewer than 50,000 Shares outstanding,
or a market value less than $1,000,000; \27\ (2) the value of the
underlying commodity is no longer calculated or available on at least a
15-second delayed basis or if the sponsor or Exchange stops providing a
hyperlink on its Web site to any such unaffiliated commodity value;
\28\ or (3) the IFV is no longer made available on at least a 15-second
delayed basis.\29\ With respect to trading halts, the Exchange may
consider all relevant factors in exercising its discretion to halt or
suspend trading in the Shares.\30\ In addition, the Commission notes
that if the Exchange becomes aware that the NAV is not being
disseminated to all market participants at the same time, it will halt
trading in the Shares until such time as the NAV is available to all
market participants pursuant to NYSE Arca Equities Rule 7.34(a)(5).\31\
---------------------------------------------------------------------------

    \27\ See Commentary .02 (d)(2)(i) to NYSE Arca Equities Rule
8.200.
    \28\ See Commentary .02 (d)(2)(ii) to NYSE Arca Equities Rule
8.200.
    \29\ See Commentary .02 (d)(2)(iii) to NYSE Arca Equities Rule
8.200.
    \30\ Trading may be halted because of market conditions or for
reasons that make trading in the Shares inadvisable, including: (1)
The extent to which trading is not occurring in the underlying
futures contracts; or (2) whether other unusual conditions or
circumstances detrimental to the maintenance of a fair and orderly
market are present. The Exchange will also halt trading pursuant to
the Exchange's to NYSE Arca Equities Rule 7.12 during extraordinary
market volatility or by the halt or suspension of trading in the
underlying futures contracts.
    \31\ See NYSE Arca Equities Rule 7.34(a)(5).
---------------------------------------------------------------------------

    The Commission also notes that Commentary .02 of Rule 8.200 sets
forth certain restrictions on ETP Holders acting as registered Market
Makers in the Shares to facilitate surveillance.
    In support of this proposal, the Exchange has made the following
representations:
    (1) The Shares satisfy the requirements of Commentary .02 of Rule
8.200, which includes the initial and continued listing criteria for
Trust Issued Receipts.
    (2) All of the facts describing the Funds and the Shares contained
in the Amex filings are true and correct as of the date of this filing.
    (3) The representations included in the Amex Filings relating to
the dissemination and availability of information regarding the Shares
will apply to listing and trading of the Shares on the Exchange. To the
extent NYSE Alternext U.S. has any affirmative obligations with respect
to dissemination of information or key values relating to the Shares,
the Exchange will take the place of NYSE Alternext U.S. in such role
and discharge such obligations.
    (4) The Exchange's surveillance procedures are adequate to properly
monitor trading of the Shares in all trading sessions and to deter and
detect violations of Exchange rules and applicable federal securities
laws.
    (5) With regard to the Index components, the Exchange can obtain
market surveillance information, including customer identity
information, with respect to transactions occurring on the New York
Mercantile Exchange, the InterContinental Exchange and the London Metal
Exchange, pursuant to its comprehensive information sharing agreements
with each of those exchanges. All of the other trading venues on which
current Index components are traded are members of the ISG and the
Exchange therefore has access to all relevant trading information with
respect to those contracts without any further action being required on
the part of the Exchange.
    (6) Not more than 10% of the weight of the applicable Index in the
aggregate shall consist of components whose principal trading market is
not a member of ISG or is a market with which the Exchange does not
have a comprehensive surveillance sharing agreement.
    (7) The Exchange will distribute an Information Bulletin, the
contents of which are more fully described above, to ETP Holders in
connection with the trading of the Shares.

This approval order is based on the Exchange's representations.
    The Commission finds good cause, pursuant to Section 19(b)(2) of
the Act,\32\ for approving the proposed rule change prior to the 30th
day after the date of publication of notice in the Federal Register.
Previously, the Commission approved the listing and trading of the
Shares on Amex,\33\ and the trading of the Shares pursuant to UTP on
the Exchange.\34\ The Exchange's proposal to list and trade the Shares
does not appear to present any novel or significant regulatory issues.
As such, the Commission believes that accelerating approval of this
proposal should benefit investors by creating, without undue delay,
additional competition in the market for such products.
---------------------------------------------------------------------------

    \32\ 15 U.S.C. 78s(b)(2).
    \33\ See Amex Filings, supra, note 6.
    \34\ See UTP Filings, supra, note 7.
---------------------------------------------------------------------------

V. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\35\ that the proposed rule change (SR-NYSEArca-2008-128) be, and
it hereby is, approved on an accelerated basis.
---------------------------------------------------------------------------

    \35\ 15 U.S.C. 78s(b)(2).
    \36\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\36\
Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-28241 Filed 11-26-08; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 186 (Wednesday, September 27, 2023)]
[Notices]
[Pages 66435-66436]
[FR Doc No: 2023-21096]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas and Oil Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP23-1045-000.
    Applicants: Venture Global Gator Express, LLC.
    Description: Sec.  4(d) Rate Filing: Normal filing version 1 2023
to be effective 10/31/2023.
    Filed Date: 9/20/23.
    Accession Number: 20230920-5084.
    Comment Date: 5 p.m. ET 10/2/23.

    Docket Numbers: RP23-1046-000.
    Applicants: MountainWest Pipeline, LLC.
    Description: Sec.  4(d) Rate Filing: 2023 Housekeeping Filing to be
effective 10/20/2023.
    Filed Date: 9/20/23.
    Accession Number: 20230920-5115.
    Comment Date: 5 p.m. ET 10/2/23.

    Docket Numbers: RP23-1047-000.
    Applicants: MountainWest Overthrust Pipeline, LLC.
    Description: Sec.  4(d) Rate Filing: 2023 Housekeeping to be
effective 10/20/2023.
    Filed Date: 9/20/23.
    Accession Number: 20230920-5116.
    Comment Date: 5 p.m. ET 10/2/23.

    Any person desiring to intervene, to protest, or to answer a
complaint in any of the above proceedings must file in accordance with
Rules 211, 214, or 206 of the Commission's Regulations (18 CFR 385.211,
385.214, or 385.206) on or

before 5:00 p.m. Eastern time on the specified comment date. Protests
may be considered, but intervention is necessary to become a party to
the proceeding.

Filings in Existing Proceedings

    Docket Numbers: RP23-886-001.
    Applicants: Transcontinental Gas Pipe Line Company, LLC.
    Description: Compliance filing: Compliance Filing--IT Feeder to
FT--McMullen Lateral to be effective 11/1/2023.
    Filed Date: 9/21/23.
    Accession Number: 20230921-5045.
    Comment Date: 5 p.m. ET 10/3/23.
    Any person desiring to protest in any the above proceedings must
file in accordance with Rule 211 of the Commission's Regulations (18
CFR 385.211) on or before 5:00 p.m. Eastern time on the specified
comment date.
    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.
    The Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including landowners,
environmental justice communities, Tribal members and others, access
publicly available information and navigate Commission processes. For
public inquiries and assistance with making filings such as
interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at<PHONE_NUMBER> or [email protected].

    Dated: September 21, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-21096 Filed 9-26-23; 8:45 am]
BILLING CODE 6717-01-P