[Federal Register Volume 87, Number 78 (Friday, April 22, 2022)]
[Notices]
[Pages 24208-24210]
[FR Doc No: 2022-08569]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-94741; File No. SR-CboeBZX-2022-026]

Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To
Eliminate the Minimum Price Variance Provisions of Exchange Rule
14.11(i) (Managed Fund Shares), (l) (Exchange-Traded Fund Shares), and
(m) (Tracking Fund Shares)

April 18, 2022.
    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 April 11, 2022, Cboe BZX Exchange, Inc. (``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 Exchange filed the proposal as a ``non-
controversial'' proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \3\ and Rule 19b-4(f)(6) thereunder.\4\ The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    Cboe BZX Exchange, Inc. (the ``Exchange'' or ``BZX'') is filing
with the Securities and Exchange Commission (``Commission'') a proposal
to eliminate the Minimum Price Variance provisions of Exchange Rule
14.11(i) (Managed Fund Shares), (l) (Exchange-Traded Fund Shares), and
(m) (Tracking Fund Shares). The text of the proposed rule change is
provided in Exhibit 5.
    The text of the proposed rule change is also available on the
Exchange's website (https://markets.cboe.com/us/equities/regulation/rule_filings/bzx/), at the Exchange's Office of the Secretary, 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
    The Exchange proposes to eliminate the Minimum Price Variance
provisions of Exchange Rule 14.11(i), (l), and (m), which correspond to
the Exchange's listing rules for Managed Fund Shares,\5\ Exchange-
Traded Fund Shares (``ETF Shares''),\6\ and Tracking Fund Shares,\7\
respectively.
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    \5\ The term ``Managed Fund Share'' means a security that (i)
represents an interest in a registered investment company
(``Investment Company'') organized as an open-end management
investment company or similar entity, that invests in a portfolio of
securities selected by the Investment Company's investment adviser
consistent with the Investment Company's investment objectives and
policies; (ii) is issued in a specified aggregate minimum number in
return for a deposit of a specified portfolio of securities and/or a
cash amount with a value equal to the next determined net asset
value; and (iii) when aggregated in the same specified minimum
number, may be redeemed at a holder's request, which holder will be
paid a specified portfolio of securities and/or cash with a value
equal to the next determined net asset value. See Exchange Rule
14.11(i)(3)(A).
    \6\ The term ``ETF Shares'' means shares of stock issued by an
Exchange-Traded Fund. See Exchange Rule 14.11(l)(3)(A). The term
``Exchange-Traded Fund'' has the same meaning as the term
``exchange-traded fund'' as defined in Rule 6c-11 under the
Investment Company Act of 1940. See Exchange Rule 14.11(l)(3)(B).
    \7\ The term ``Tracking Fund Share'' means a security that: (i)
Represents an interest in an investment company registered under the
Investment Company Act of 1940 (``Investment Company'') organized as
an open-end management investment company, that invests in a
portfolio of securities selected by the Investment Company's
investment adviser consistent with the Investment Company's
investment objectives and policies; (ii) is issued in a specified
aggregate minimum number in return for a deposit of a specified
Tracking Basket or Custom Basket, as applicable, and/or a cash
amount with a value equal to the next determined net asset value;
(iii) when aggregated in the same specified minimum number, may be
redeemed at a holder's request, which holder will be paid a
specified Tracking Basket or Custom Basket, as applicable, and/or a
cash amount with a value equal to the next determined net asset
value; and (iv) the portfolio holdings for which are disclosed
within at least 60 days following the end of every fiscal quarter.
See Exchange Rule 14.11(m)(3)(A).
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    Currently, Exchange Rules 14.11(i)(2)(B), (l)(2)(B), and (m)(2)(C)
provide that the minimum price variation for quoting and entry of
orders in Managed Fund Shares, ETF Shares, and Tracking Fund Shares,
respectively, is $0.01 (collectively, the ``ETP MPV Rules'') regardless
of the price of the security. The Exchange proposes to delete the ETP
MPV Rules because they may appear to be inconsistent with Exchange Rule
11.11 and Rule 612 of Regulation National Market System (``NMS'') \8\
because the ETP MPV Rules do not specifically include the minimum price
variance for securities that are priced less than $1.00. Specifically,
Rule 612 of Regulation NMS specifies minimum pricing increments for NMS
stocks, which include Managed Fund Shares, ETF Shares, and Tracking
Fund Shares.\9\ In general, Rule 612 of Regulation NMS prohibits market
participants from displaying, ranking, or accepting quotations, orders,
or indications of interest in any NMS stock priced in an increment
smaller than $0.01 if the quotation, order, or indication of interest
is priced equal to or greater than $1.00 per share. If the quotation,
order, or indication of interest is priced less than $1.00 per share,
the minimum pricing increment is $0.0001. Similarly, Exchange Rule
11.11 provides that bids, offers, orders or indications of interest in
securities traded on the Exchange shall not be made in an increment
smaller than (1) $0.01 if those bids, offers or indications of
interests are priced equal to or greater than $1.00 per share; or (2)
$0.0001 if those bids, offers or indications of interests are priced
less

than $1.00 per share and the security is an NMS stock pursuant to
Commission Rule 600(b)(46) under the Act and is trading on the
Exchange; or (3) any other increment established by the Commission for
any security which has been granted an exemption from the minimum price
increments requirements of Commission Rule 612(a) or 612(b).\10\
Because the intent was not for ETP MPV Rules to supersede Rule 612 of
Regulation NMS or Exchange Rule 11.11, the Exchange is proposing to
delete these paragraphs to remove any potential confusion as to the
minimum price variance requirements for Managed Fund Shares, ETF
Shares, and Tracking Fund Shares priced less than $1.00.\11\
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    \8\ 17 CFR 242.612.
    \9\ An ``NMS stock'' is any NMS security other than an option.
See 17 CFR 242.600(b)(55). An ``NMS security'' is any security or
class of securities for which transaction reports are collected,
processed, and made available pursuant to an effective transaction
reporting plan, or an effective national market system plan for
reporting transactions in listed options. See 17 CFR 242.600(b)(54).
    \10\ See Exchange Rule 11.11.
    \11\ See Securities Exchange Act Release Nos. 78396 (July 22,
2016), 81 FR 49698 (July 28, 2016) (SR-BATS-2015-100) (Order
Approving a Proposed Rule Change, as Modified by Amendment No. 6, To
Amend BATS Rule 14.11(i) To Adopt Generic Listing Standards for
Managed Fund Shares); 88566 (April 6, 2020), 85 FR 20312 (April 10,
2016) (SR-CboeBZX-2019-097) (Order Granting Accelerated Approval of
a Proposed Rule Change, as Modified by Amendment No. 2, To Adopt BZX
Rule 14.11(l) Governing the Listing and Trading of Exchange-Traded
Fund Shares); 88887 (May 15, 2020), 85 FR 30990 (May 21, 2020) (SR-
CboeBZX-2019-107) (Order Granting Accelerated Approval of a Proposed
Rule Change, as Modified by Amendment No. 5, To Adopt Rule 14.11(m),
Tracking Fund Shares, and To List and Trade Shares of the Fidelity
Blue Chip Value ETF, Fidelity Blue Chip Growth ETF, and Fidelity New
Millennium ETF) (collectively, with the corresponding notices
referred to as the ``Original ETP MPV Rule filings''). None of the
Original ETP MPV Rule filings contain any discussion that the ETP
MPV Rule was intended to supersede Exchange Rule 11.11 or Rule 612
of Regulation NMS.
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    Based on the Exchange's proposal to remove the ETP MPV Rules, the
Exchange also proposes to re-letter subparagraphs under Rules
14.11(i)(2), (l)(2), and (m)(2) to reflect the removal of those
paragraphs.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Act and the rules and regulations thereunder applicable to the
Exchange and, in particular, the requirements of Section 6(b) of the
Act.\12\ Specifically, the Exchange believes the proposed rule change
is consistent with the Section 6(b)(5) \13\ requirements that the rules
of an exchange be 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 regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, 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.
The Exchange also believes the proposed rule change is consistent with
the Section 6(b)(1) \14\ requirements that the Exchange is so organized
and has the capacity to be able to carry out the purposes of the Act
and to comply, and (subject to any rule or order of the Commission
pursuant to section 78q(d) or 78s(g)(2) of the Act) to enforce
compliance by its members and persons associated with its members, with
the provisions of the Act, the rules and regulations thereunder, and
the rules of the Exchange.
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    \12\ 15 U.S.C. 78f(b).
    \13\ 15 U.S.C. 78f(b)(5).
    \14\ 15 U.S.C. 78f(b)(1).
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    The Exchange's proposal to delete the ETP MPV Rules is intended to
remove any potential confusion as to the minimum price variance for
Managed Fund Shares, ETF Shares, and Tracking Fund Shares listed on the
Exchange and priced less than $1.00. As discussed above, the ETP MPV
Rules were not intended to supersede Rule 612 of Regulation NMS or
Exchange Rule 11.11.
    The proposal is intended to remove any potential confusion in the
Exchange's Rules as it relates to the minimum price variance for
Managed Fund Shares, ETF Shares, and Tracking Fund Shares listed on the
Exchange and priced less than $1.00, which the Exchange believes will
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. The Exchange believes that re-
lettering current Rules to correspond to the proposed changes will
allow the Exchange to maintain a clear and organized rule structure,
thus preventing investor confusion. For these reasons, the Exchange
believes the proposed rule change is consistent with the requirements
of Sections 6(b)(5) and 6(b)(1) of the Act.

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. The proposed rule change is
not designed to address any competitive issues but rather to remove any
potential confusion regarding the minimum price variance for Managed
Fund Shares, ETF Shares, and Tracking Fund Shares listed on the
Exchange and priced less than $1.00.

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

    The Exchange neither solicited nor received comments on the
proposed rule change.

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) of the Act \15\ and Rule 19b-
4(f)(6) thereunder.\16\
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    \15\ 15 U.S.C. 78s(b)(3)(A).
    \16\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6) \17\ normally
does not become operative for 30 days after the date of the filing.
However, pursuant to Rule 19b-4(f)(6)(iii),\18\ the Commission may
designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposal
may become operative immediately upon filing. The Commission notes that
waiver of the 30-day operative delay will add clarity to BZX's rules
and remove any potential inconsistency between the ETP MPV Rules and
Exchange Rule 11.11 and Rule 612 of Regulation NMS. For these reasons,
the Commission believes that waiver of the 30-day operative delay is
consistent with the protection of investors and the public interest.
Accordingly, the Commission waives the 30-day operative delay and
designates the proposed rule change operative upon filing.\19\
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    \17\ 17 CFR 240.19b-4(f)(6).
    \18\ 17 CFR 240.19b-4(f)(6)(iii).
    \19\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such

action is necessary or appropriate in the public interest, for the
protection of investors, or otherwise in furtherance of the purposes of
the Act.

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 (https://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-CboeBZX-2022-026 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-CboeBZX-2022-026. 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 website (https://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 website 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. Persons submitting
comments are cautioned that we do not redact or edit personal
identifying information from comment submissions. You should submit
only information that you wish to make available publicly. All
submissions should refer to File Number SR-CboeBZX-2022-026 and should
be submitted on or before May 13, 2022.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\20\
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    \20\ 17 CFR 200.30-3(a)(12).
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Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2022-08569 Filed 4-21-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: January 17, 2006 (Volume 71, Number 10)]
[Notices]
[Page 2602-2603]
[DOCID:fr17ja06-95]

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SECURITIES AND EXCHANGE COMMISSION

Issuer Delisting; Notice of Application of Aquacell Technologies,
Inc. To Withdraw Its Common Stock, $.001 Par Value, From Listing and
Registration on the American Stock Exchange LLC File No. 1-16165

January 9, 2006.
    On December 23, 2005, Aquacell Technologies, Inc., a Delaware
corporation (``Issuer''), filed an application with the Securities and
Exchange Commission (``Commission''), pursuant to section 12(d) of the
Securities Exchange Act of 1934 (``Act'') \1\ and Rule 12d2-2(d)
thereunder,\2\ to withdraw its common stock, $.001 par value
(``Security''), from listing and registration on the American Stock
Exchange LLC (``Amex'').
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    \1\ 15 U.S.C. 78l(d).
    \2\ 17 CFR 240.12d2-2(d).
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    On December 14, 2005, the Board of Directors (``Board'') of the
Issuer unanimously approved a resolution to withdraw the Security from
listing and registration on Amex and list the Security on the OTC
Bulletin Board. The Issuer stated that the Board is taking such action
following discussions regarding a letter received from Amex regarding
the Issuer's listing status and the benefits of maintaining the listing
and the costs associated with listing on Amex.
    The Issuer stated in its application that it has met the
requirements of Amex Rule 18 by complying with all applicable laws in
effect in the State of Delaware, in which it is incorporated, and
providing written notice of withdrawal to Amex.
    The Issuer's application relates solely to withdrawal of the
Security from listing on Amex and from registration under section 12(b)
of the Act,\3\ and shall not affect its obligation to be registered
under section 12(g) of the Act.\4\
    Any interested person may, on or before February 2, 2006, comment
on the facts bearing upon whether the application has been made in
accordance with the rules of Amex, and what terms, if any, should be
imposed by the Commission for the protection of investors. All comment
letters may be submitted by either of the following methods:

Electronic Comments
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    \3\ 15 U.S.C. 78l(b).
    \4\ 15 U.S.C. 78l(g).
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     Use the Commission's Internet comment form (http://www.sec.gov/rules/delist.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

the File Number 1-16165 or;

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-9303.

All submissions should refer to File Number 1-16165. This file number
should be included on the subject line if e-mail is used. To help us
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/delist.shtml). Comments are

also available for public inspection and copying in the Commission's
Public Reference Room. All comments received will be posted without
change; we do not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly.
    The Commission, based on the information submitted to it, will
issue an order granting the application after the date mentioned above,
unless the Commission determines to order a hearing on the matter.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\5\
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    \5\ 17 CFR 200.30-3(a)(1).
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Nancy M. Morris,
Secretary.
 [FR Doc. E6-392 Filed 1-13-06; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 78, Number 124 (Thursday, June 27, 2013)]
[Notices]
[Pages 38801-38803]
[FR Doc No: 2013-15467]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2013-0006; Notice 1]

General Motors, LLC, Receipt of Petition for Decision of
Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Receipt of Petition.

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SUMMARY: General Motors, LLC (GM) \1\ has determined that certain model
year (MY) 2007 through 2013 GM trucks and multipurpose passenger
vehicles (MPVs) manufactured from June 19, 2006, through December 6,
2012 do not fully comply with paragraph S4.3 of Federal Motor Vehicle
Safety Standard (FMVSS) No. 110, Tire Selection and Rims for Motor
Vehicles with a GVWR of 4,536 Kilograms or less. GM has filed an
appropriate report dated December 19, 2012, pursuant to 49 CFR Part
573, Defect and Noncompliance Responsibility and Reports.
    Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule
at 49 CFR Part 556), GM submitted a petition for an exemption from the
notification and remedy requirements of 49 U.S.C. Chapter 301 on the
basis that this noncompliance is inconsequential to motor vehicle
safety.
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    \1\ General Motors, LLC is a manufacturer of motor vehicles and
is registered under the laws of the state of Michigan.
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    This notice of receipt of GM's petition is published under 49
U.S.C. 30118 and 30120 and does not represent any agency decision or
other exercise of judgment concerning the merits of the petition.
    Vehicles Involved: Affected are approximately 5,690: MY 2007
through 2013 Chevrolet Silverado trucks, Suburban MPVs and Tahoe MPVs;
MY 2007 through 2013 GMC Sierra trucks; MY 2012 GMC Yukon MPVs; and MY
2007, 2009, 2011, 2012 and 2013 Yukon XL MPV's. The affected vehicles
were

manufactured from June 19, 2006 through December 6, 2012.
    NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and
30120(h)) that permit manufacturers to file petitions for a
determination of inconsequentiality allow NHTSA to exempt manufacturers
only from the duties found in sections 30118 and 30120, respectively,
to notify owners, purchasers, and dealers of a defect or noncompliance
and to remedy the defect or noncompliance. Therefore, these provisions
only apply to the 5,690 \2\ vehicles that GM no longer controlled at
the time it determined that the noncompliance existed.
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    \2\ GM's petition, which was filed under 49 CFR Part 556,
requests an agency decision to exempt GM as a motor vehicle
manufacturer from the notification and recall responsibilities of 49
CFR Part 573 for the affected vehicles. However, a decision on this
petition cannot relieve vehicle distributors and dealers of the
prohibitions on the sale, offer for sale, introduction or delivery
for introduction into interstate commerce of the noncompliant motor
vehicles under their control after GM notified them that the subject
noncompliance existed.
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    RULE TEXT: Paragraph S4.3 of FMVSS No. 110 requires in pertinent
part:

    S4.3 Placard. Each vehicle, except for a trailer or incomplete
vehicle, shall show the information specified in S4.3 (a) through
(g), and may show, at the manufacturer's option, the information
specified in S4.3 (h) and (i), on a placard permanently affixed to
the driver's side B-pillar. In each vehicle without a driver's side
B-pillar and with two doors on the driver's side of the vehicle
opening in opposite directions, the placard shall be affixed on the
forward edge of the rear side door. If the above locations do not
permit the affixing of a placard that is legible, visible and
prominent, the placard shall be permanently affixed to the rear edge
of the driver's side door. If this location does not permit the
affixing of a placard that is legible, visible and prominent, the
placard shall be affixed to the inward facing surface of the vehicle
next to the driver's seating position. This information shall be in
the English language and conform in color and format, not including
the border surrounding the entire placard, as shown in the example
set forth in Figure 1 in this standard. At the manufacturer's
option, the information specified in S4.3 (c), (d), and, as
appropriate, (h) and (i) may be shown, alternatively to being shown
on the placard, on a tire inflation pressure label which must
conform in color and format, not including the border surrounding
the entire label, as shown in the example set forth in Figure 2 in
this standard. The label shall be permanently affixed and proximate
to the placard required by this paragraph. The information specified
in S4.3 (e) shall be shown on both the vehicle placard and on the
tire inflation pressure label (if such a label is affixed to provide
the information specified in S4.3 (c), (d), and, as appropriate, (h)
and (i)) may be shown in the format and color scheme set forth in
Figures 1 and 2. If the vehicle is a motor home and is equipped with
a propane supply, the weight of full propane tanks must be included
in the vehicle's unloaded vehicle weight. If the vehicle is a motor
home and is equipped with an on-board potable water supply, the
weight of such on-board water must be treated as cargo . . .
    (b) Designated seated capacity (expressed in terms of total
number of occupants and number of occupants for each front and rear
seat location) * * *

    Summary of Gm's Analyses: GM explains that the noncompliance is
that the subject vehicles are equipped with special equipment options
9S1 & 9U3 and are built with 2 front seating positions separated by
floor space. However, the tire and loading placards incorrectly
indicate that the vehicles have 3 front seating positions and therefore
do not fully comply with paragraph S4.3 of FMVSS No. 110.
    GM further stated that the error resulted in the following
condition on the subject placards of these vehicles:
     The seating capacity for the front row seat is incorrectly
shown as 3 instead of 2.
     The total seating capacity is overstated by 1. For
example, the total seating capacity is incorrectly shown as 3 instead
of 2 for the vehicles with one row of seats, and as 6 instead of 5 for
the vehicles with two rows of seats.
     The vehicle capacity weight (expressed as a combined
weight of occupants and cargo) on the placard is correct. The seating
capacity error has no impact on the vehicle capacity weight.
     All other information (front, rear and spare tire size
designations and their respective cold tire inflation pressures as well
as vehicle capacity weight) on the subject placards is correct.
    GM stated its belief that this noncompliance is inconsequential to
motor vehicle safety for the following reasons:
    1. The subject vehicles are equipped with two bucket seats with one
seat belt each in the front row. GM believes that the number of seats
and the number of seat belts installed in the vehicle will clearly
indicate to the customers the actual seating capacity, and it will be
apparent to any observer that there are only two front seating
positions. Even if an occupant references the tire information placard
to determine the vehicle's seating capacity, it will be readily
apparent that the front row seating capacity is 2 and not 3.
    2. The vehicle capacity weight (expressed as a combined weight of
occupants and cargo) on the placard is correct. The seating capacity
error has no impact on the vehicle capacity weight, and therefore,
there is no risk of vehicle overloading.
    3. All information required for maintaining and/or replacing the
front and rear tires is correct on the tire information placard of the
subject vehicles.
    4. All other applicable requirements of FMVSS No. 110 have been
met.
    5. GM is not aware of any customer complaints, incidents or
injuries related to the incorrect seating capacity on the subject tire
information placards.
    GM additionally informed NHTSA that it has corrected the
noncompliance so that all future production vehicles will fully comply
with FMVSS No. 110.
    In summation, GM believes that the described noncompliance of its
vehicles is inconsequential to motor vehicle safety, and that its
petition, to exempt from providing recall notification of noncompliance
as required by 49 U.S.C. 30118 and remedying the recall noncompliance
as required by 49 U.S.C. 30120 should be granted.
    Comments: Interested persons are invited to submit written data,
views, and arguments on this petition. Comments must refer to the
docket and notice number cited at the beginning of this notice and be
submitted by any of the following methods:
    a. By mail addressed to: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
    b. By hand delivery to U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590. The Docket Section is open on
weekdays from 10 a.m. to 5 p.m. except Federal Holidays.
    c. Electronically: By logging onto the Federal Docket Management
System (FDMS) Web site at http://www.regulations.gov/. Follow the
online instructions for submitting comments. Comments may also be faxed
to 1-202-493-2251.
    Comments must be written in the English language, and be no greater
than 15 pages in length, although there is no limit to the length of
necessary attachments to the comments. If comments are submitted in
hard copy form, please ensure that two copies are provided. If you wish
to receive confirmation that your comments were received, please
enclose a stamped, self-addressed postcard with the comments. Note that
all comments received will be posted without change to http://

www.regulations.gov, including any personal information provided.
    Documents submitted to a docket may be viewed by anyone at the
address and times given above. The documents may also be viewed on the
Internet at http://www.regulations.gov by following the online
instructions for accessing the dockets. DOT's complete Privacy Act
Statement is available for review in the Federal Register published on
April 11, 2000, (65 FR 19477-78).
    The petition, supporting materials, and all comments received
before the close of business on the closing date indicated below will
be filed and will be considered. All comments and supporting materials
received after the closing date will also be filed and will be
considered to the extent possible. When the petition is granted or
denied, notice of the decision will be published in the Federal
Register pursuant to the authority indicated below.
    Comment Closing Date: July 29, 2013.

    Authority:  (49 U.S.C. 30118, 30120: Delegations of authority at
49 CFR 1.95 and 501.8)

    Issued On: June 24, 2013.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2013-15467 Filed 6-26-13; 8:45 am]
BILLING CODE 4910-59-P


[Federal Register: June 27, 2008 (Volume 73, Number 125)]
[Rules and Regulations]
[Page 36439-36443]
[DOCID:fr27jn08-14]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2007-0998; FRL-8684-1]

Approval and Promulgation of State Implementation Plans:
Washington; Vancouver Air Quality Maintenance Area Second 10-Year
Carbon Monoxide Maintenance Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: EPA is taking direct final action to approve a State
Implementation Plan (SIP) revision submitted by the State of
Washington. The Washington State Department of Ecology submitted the
Vancouver Air Quality Maintenance Area Second 10-year Carbon Monoxide
Maintenance Plan on April 25, 2007. In accordance with the requirements
of the Federal Clean Air Act (the Act), EPA is approving Washington's
revision because the State adequately demonstrates that the Vancouver
Air Quality Maintenance Area will maintain air quality standards for
carbon monoxide (CO) through the year 2016.

DATES: This rule is effective on August 26, 2008, without further
notice, unless EPA receives adverse comment by July 28, 2008. If EPA
receives adverse comment, we will publish a timely withdrawal in the
Federal Register informing the public that the rule will not take
effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2007-0998, by any of the following methods:
     http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>     Mail: Claudia Vergnani Vaupel, U.S. EPA Region 10, Office
of Air, Waste and Toxics (AWT-107), 1200 Sixth Avenue, Suite 900,
Seattle, WA 98101.
     Hand Delivery/Courier: U.S. EPA Region 10, 1200 Sixth
Avenue, Suite 900, Seattle, WA 98101. Attention: Claudia Vergnani
Vaupel, Office of Air, Waste and Toxics, AWT--107. Such deliveries are
only accepted during normal hours of operation, and special
arrangements should be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R10-OAR-
2007-0998. 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 e-mail. 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 e-mail comment directly to EPA without
going through http://www.regulations.gov your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in

the body of your comment and with any disk or CD-ROM you submit. If EPA
cannot read your comment due to technical difficulties and cannot
contact you for clarification, EPA may not be able to consider your
comment. Electronic files should avoid the use of special characters,
any form of encryption, and be free of any defects or viruses.
    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, is not placed on the Internet and 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 during normal business hours at the
Office of Air, Waste and Toxics, U.S. EPA Region 10, 1200 Sixth Avenue,
Seattle, WA 98101.

FOR FURTHER INFORMATION CONTACT: Claudia Vergnani Vaupel at telephone
number:<PHONE_NUMBER>, e-mail address<EMAIL_ADDRESS>fax
number:<PHONE_NUMBER>, or Gina Bonifacino at telephone number: (206)
553-2970, e-mail address<EMAIL_ADDRESS>or the above EPA,
Region 10 address.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. General Information
II. What is the Purpose of this Action?
III. What is the Background for this Action?
IV. How Have the Public and Stakeholders Been Involved in this
Rulemaking Process?
V. Evaluation of Washington's Submittal
VI. Transportation and General Conformity
VII. Final Action
VIII. Statutory and Executive Order Reviews

I. General Information

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

    1. Submitting CBI. Do not submit this information to EPA through
RME, regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 Code of Federal Regulations (CFR) part 2.
    2. Tips for Preparing Your Comments. When submitting comments,
remember to:
    i. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date and page number).
    ii. Follow directions--The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns, and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.

II. What Is the Purpose of This Action?

    EPA is taking direct final action to approve the Second 10-year CO
Maintenance Plan for the Vancouver, Washington Air Quality Maintenance
Area. Vancouver attained the CO national ambient air quality standards
(NAAQS) in 1996 and has not violated the standard since 1990. The
second 10-year CO maintenance plan submitted by the state of Washington
is designed to keep the Vancouver area in attainment for the CO
standard for a second ten-year period beyond redesignation.

III. What Is the Background for This Action?

    Under section 107(d)(1)(C) of the Act, any area designated before
the date of enactment of the Clean Air Act Amendments of 1990 (CAAA)
was to be designated upon enactment by operation of law. Under section
107(d)(1)(A) of the Act, States were required by 120 days after
enactment of the CAAA, to submit lists designating all areas of the
State as attainment, unclassifiable, or nonattainment.
    Accordingly, on March 15, 1991, letters were submitted by the
governors of Washington and Oregon to the EPA Region 10 Administrator
recommending the Vancouver and Portland areas, respectively, be
designated as nonattainment for CO. On November 6, 1991 (56 FR 56694)
the areas were designated by EPA as nonattainment for CO and classified
as ``moderate'' with design values less than or equal to 12.7 parts per
million (ppm) under the provisions outlined in sections 186 and 187 of
the Act. On September 29, 1995 (60 FR 50423) EPA divided the Portland-
Vancouver area into separate nonattainment areas for each state.
    The State of Washington, following the requirements of the Act,
prepared and submitted revisions to the Washington SIP that first
included an attainment plan, and then developed a plan to demonstrate
maintenance of the standard for a 10-year period beyond the statutory
attainment date. EPA published approval of a redesignation request to
attainment and the first 10-year maintenance plan on October 21, 1996
(61 FR 54560). The first 10-year CO maintenance plan included a
commitment for periodic review of the plan and submission of the second
10-year maintenance plan. The State of Washington submitted a second
10-year maintenance plan to EPA on April 25, 2007.
    The national 8-hour CO ambient standard is attained when the daily
average 8-hour CO concentration of 9.0 ppm is not exceeded more than
once a year. Since the redesignation of the Vancouver area to
attainment for CO on October 21, 1996, the second highest concentration
in any calendar year measured by the approved monitoring network was
6.7 ppm, which is less than 9.0 ppm. Therefore the area is attaining
the CO NAAQS.
    In addition, areas that can demonstrate design values at or below
7.65 ppm (85 percent of exceedance levels of the CO NAAQS) for 8
consecutive quarters may use a Limited Maintenance Plan option. The
current 8-hour CO design value for the Vancouver area is 4.8 ppm based
on 2004-2005 data. The State of Washington has opted to develop a
Limited Maintenance Plan to fulfill the Vancouver Area second 10-year
maintenance period required by the Act.

IV. How Have the Public and Stakeholders Been Involved in This
Rulemaking Process?

    Section 110(a)(2) of the Act requires that each SIP revision be
adopted after reasonable notice and public hearing. This must occur
prior to the revision being submitted by a State to us. The state of
Washington held a public hearing on March 1, 2007 in Vancouver,
Washington. A notice of public hearing

was published in The Columbian on January 29, 2007. A notice was also
published in the Washington State Register on February 7, 2007. This
SIP revision became State effective on April 9, 2007, and was submitted
by the Governor's designee to us on April 25, 2007. EPA has evaluated
the State's submittal and determined that the State met the
requirements for reasonable notice and public hearing under section
110(a)(2) of the Act.

V. Evaluation of Washington's Submittal

    EPA has reviewed the State's revised CO maintenance plan for the
Vancouver air quality maintenance. This revision provides the second
10-year update to the maintenance plan for the area, as required by
section 175A(b) of the Act. The following is a summary of the
requirements and EPA's evaluation of how each requirement is met.

A. Base Year Emissions Inventory

    The plan must contain an attainment year emissions inventory to
identify a level of emissions in the area which is sufficient to attain
the CO NAAQS. The Vancouver CO second 10-year maintenance plan contains
an emissions inventory for the base year 2002 that is consistent with
EPA's most recent guidance on maintenance plan emission inventories.
The emissions inventory is a list, by source, of the air contaminants
directly emitted into the Vancouver CO area. The data in the emissions
inventory is based on calculations and is developed using emission
factors, which is a method for converting source activity levels into
an estimate of emissions contributions for those sources. Because
violations of the CO NAAQS are most like to occur on winter weekdays,
the inventory prepared is in a ``typical winter day'' format. The table
below shows the pounds of CO emitted per winter day in 2002 by source
category.

         2002 Emission Inventory, Main Source Category Subtotals
------------------------------------------------------------------------
                                                          CO emissions
                                                           pounds per
                 Main source category                   winter day  (lb/
                                                               d)
------------------------------------------------------------------------
Point Sources.........................................             4,396
Onroad Mobile Sources.................................           383,058
Non-road Mobile Sources...............................            56,837
Area Sources..........................................           126,377
                                                       -----------------
    Total.............................................           570,669
------------------------------------------------------------------------

B. Demonstration of Maintenance

    The maintenance plan demonstration requirement is considered to be
satisfied for areas using the Limited Maintenance Plan option, which
are required to demonstrate design values at or below 7.65 ppm (85
percent of exceedance levels of the CO NAAQS) for 8 consecutive
quarters. The State of Washington has opted to develop a Limited
Maintenance Plan to fulfill the Vancouver Area second 10-year
maintenance period required by the Act.
    With the Limited Maintenance Plan option, there is no requirement
to project emissions of air quality over the maintenance period. EPA
believes that if the area begins the maintenance period at, or below,
85 percent of the level of the CO 8-hour NAAQS, the applicability of
prevention of significant deterioration requirements, the control
measures already in the SIP, and Federal measures, should provide
adequate assurance of maintenance over the 10-year maintenance period.
The last monitored violation of the CO NAAQS in Vancouver occurred in
1990 and monitored CO levels have been steadily in decline ever since.
The current 8-hour CO design value for the Vancouver CO area is 4.8 ppm
based on 2004-2005 data, which is below the limited maintenance plan
requirement of 7.65 ppm. Therefore, the Vancouver area has adequately
demonstrated that it will maintain the CO NAAQS into the future.

C. Monitoring Network and Verification of Continued Attainment

    To verify the attainment status of the area over the maintenance
period, the maintenance plan should contain provisions for continued
operation of an appropriate, EPA-approved monitoring network in
accordance with 50 CFR part 58. The State of Washington has an approved
monitoring network that includes the Vancouver area. The monitoring
network was most recently approved by EPA on November 16, 2007. In
2006, the Southwest Clean Air Agency requested permission to remove the
CO monitor at the Atlas and Cox site in Vancouver and EPA concurred
that monitoring could be discontinued at the site. The State is
continuing to verify attainment by conducting a triennial review of CO
emissions from the countywide emissions inventory.

D. Contingency Plan

    Section 175A(d) of the Act requires that a maintenance plan include
contingency provisions. The Vancouver Area CO Maintenance Plan contains
a tiered level of response should the triennial emission inventory show
that annual county-wide on road mobile emissions have increased over
2005 levels. The contingency plan calls for analysis of appropriate
emission reduction measures and their implementation.

VI. Transportation and General Conformity

    Transportation conformity is required by section 176(c) of the
Clean Air Act. EPA's conformity rule requires that transportation
plans, programs, and projects that are funded under 23 U.S.C. or the
Federal Transit Act conform to SIPs. Conformity to a SIP means that
transportation activities will not produce new air quality violations,
worsen existing violations, or delay timely attainment of the NAAQS.
    The transportation conformity rule (40 CFR parts 51 and 93) and the
general conformity rule (40 CFR parts 51 and 93) apply to nonattainment
areas and maintenance areas covered by an approved maintenance plan.
Under either conformity rule, an acceptable method of demonstrating
that a Federal action conforms to the applicable SIP is to demonstrate
that expected emissions from the planned action are consistent with the
emissions budget for the area.
    While EPA's Limited Maintenance Plan option does not exempt an area
from the need to affirm conformity, it explains that the area may
demonstrate conformity without submitting an emissions budget. Under
the Limited Maintenance Plan option, emissions budgets are treated as
essentially not constraining for the length of the maintenance period
because it is unreasonable to expect that the qualifying areas would
experience so much growth in that period that a violation of the CO
NAAQS would result. Similarly, Federal actions subject to the general
conformity rule could be considered to satisfy the ``budget test''
specified in section 93.158(a)(5)(i)(A) for the same reasons that the
budgets are essentially considered to be unlimited.
1. Transportation Conformity
    While areas with maintenance plans approved under the Limited
Maintenance Plan option are not subject to the budget test, the areas
remain subject to other transportation conformity requirements of 40
CFR part 93, subpart A. Thus, the metropolitan planning organization
(MPO) in the area or the State must document and ensure that:
    a. Transportation plans and projects provide for timely
implementation of SIP transportation control measures in accordance
with 40 CFR 93.113;
    b. Transportation plans and projects comply with the fiscal
constraint element per 40 CFR 93.108;

    c. The MPO's interagency consultation procedures meet applicable
requirements of 40 CFR 93.105;
    d. Conformity of transportation plans is determined no less
frequently than every four years, and conformity of plan amendments and
transportation projects is demonstrated in accordance with the timing
requirements specified in 40 CFR 93.104;
    e. The latest planning assumptions and emissions model are used as
set forth in 40 CFR 93.110 and 40 CFR 93.111;
    f. Projects do not cause or contribute to any new localized carbon
monoxide or particulate matter violations, in accordance with
procedures specified in 40 CFR 93.123; and
    g. Project sponsors and/or operators provide written commitments as
specified in 40 CFR 93.125.
    EPA meets at least annually with the Washington Department of
Ecology, the Southwest Clean Air Agency, the Federal Highway
Administration, the Southwest Washington Regional Transportation
Council, and the Washington Department of Transportation to review
documentation and the Transportation Improvement Plan for the Vancouver
area and determine if the area is meeting the transportation conformity
requirements under 40 CFR part 93. Vancouver is currently meeting the
requirements under 40 CFR part 93, subpart A.
    On November 19, 2007, EPA posted a notice finding the Vancouver CO
second 10-year maintenance plan adequate for transportation conformity
purposes. (See 72 FR 65019.)

VII. Final Action

    In accordance with the requirements of the Federal Clean Air Act
(the Act), EPA is approving this revision to the State Implementation
Plan (SIP) because the State adequately demonstrates that the Vancouver
Air Quality Maintenance Area will maintain air quality standards for CO
through the year 2016. EPA is publishing this action without prior
proposal because the Agency views this as a noncontroversial amendment
and anticipates no adverse comments. However, in the proposed rules
section of this Federal Register publication, EPA is publishing a
separate document that will serve as the proposal to approve the SIP
revision should adverse comments be filed. This rule will be effective
August 26, 2008 without further notice unless the Agency receives
adverse comments by July 28, 2008.
    If EPA receives such comments, then EPA will publish a timely
withdrawal of the direct final rule informing the public that the rule
will not take effect. All public comments received will then be
addressed in a subsequent final rule based on the proposed rule. The
EPA will not institute a second comment period on this rule. Any
parties interested in commenting on this rule should do so at this
time. If no such comments are received, the public is advised that this
rule will be effective on August 26, 2008 and no further action will be
taken on the proposed rule.

VIII. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
    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. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by August 26, 2008. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Intergovernmental relations, Reporting and recordkeeping requirements.

    Dated: June 10, 2008.
Michelle Pirzadeh,
Acting Regional Administrator, EPA Region 10.

0
For the reasons set out in the preamble, title 40, chapter I of the
Code of Federal Regulations is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart WW--Washington

0
2. Section 52.2475 is amended by adding paragraph (a)(4) to read as
follows:

Sec.  52.2475  Approval of plans.

    (a) * * *
    (4) Vancouver.
    (i) EPA approves as a revision to the Washington State
Implementation Plan, the Vancouver Air Quality Maintenance Area Second
10-year Carbon Monoxide Maintenance Plan submitted by the Washington
Department of Ecology on April 25, 2007.
    (ii) [Reserved]
* * * * *

[FR Doc. E8-14518 Filed 6-26-08; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 206 (Wednesday, October 24, 2012)]
[Notices]
[Page 64977]
[FR Doc No: 2012-26120]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

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

Filings Instituting Proceedings

    Docket Numbers: RP13-160-000.
    Applicants: Natural Gas Pipeline Company of America.
    Description: Amendment Filing--Tenaska Negotiated Rate Agreement to
be effective 10/16/2012.
    Filed Date: 10/16/12.
    Accession Number: 20121016-5057.
    Comments Due: 5 p.m. ET 10/29/12.

    Docket Numbers: RP13-161-000.
    Applicants: Natural Gas Pipeline Company of America.
    Description: Amendment Filing--Tenaska Negotiated Rate Agreement to
be effective 10/16/2012.
    Filed Date: 10/16/12.
    Accession Number: 20121016-5058.
    Comments Due: 5 p.m. ET 10/29/12.

    Docket Numbers: RP13-162-000.
    Applicants: Iroquois Gas Transmission System, L.P.
    Description: 10/16/12 Negotiated Rates--JP Morgan Ventures (RTS)
6025-35, -36 & -37 to be effective 11/1/2012.
    Filed Date: 10/16/12.
    Accession Number: 20121016-5080.
    Comment Date: 5 p.m. ET 10/29/12.

    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) 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.
    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, and service 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 (202) 502-
8659.

    Dated: October 17, 2012.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2012-26120 Filed 10-23-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 119 (Friday, June 20, 2014)]
[Notices]
[Page 35342]
[FR Doc No: 2014-14371]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER14-1292-001.
    Applicants: Public Service Company of New Mexico.
    Description: Compliance Filing of Revised PNM Cargill TSA to be
effective 12/1/2015.
    Filed Date: 6/12/14.
    Accession Number: 20140612-5092.
    Comments Due: 5 p.m. ET 7/3/14.

    Docket Numbers: ER14-1865-002.
    Applicants: BETM Solutions LLC.
    Description: Amendment to Notice of Succession and Tariff Revision
Filing to be effective 5/3/2014.
    Filed Date: 6/12/14.
    Accession Number: 20140612-5047.
    Comments Due: 5 p.m. ET 7/3/14.

    Docket Numbers: ER14-2160-000.
    Applicants: Duke Energy Carolinas, LLC.
    Description: Amendment to RS 342 Cargill and DEC PSA to be
effective 6/10/2014.
    Filed Date: 6/12/14.
    Accession Number: 20140612-5033.
    Comments Due: 5 p.m. ET 7/3/14.

    Docket Numbers: ER14-2161-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: 2014-06-12 SMMPA Attachment O Revisions to be
effective 6/13/2014.
    Filed Date: 6/12/14.
    Accession Number: 20140612-5111.
    Comments Due: 5 p.m. ET 7/3/14.

    Docket Numbers: ER14-2162-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Update to Index of Grandfathered Agreements to be
effective 8/11/2014.
    Filed Date: 6/12/14.
    Accession Number: 20140612-5134.
    Comments Due: 5 p.m. ET 7/3/14.

    Docket Numbers: ER14-2163-000.
    Applicants: Green Mountain Power Corporation.
    Description: Partial Cancellation of Tariff ID 200 to be effective
6/13/2014.
    Filed Date: 6/12/14.
    Accession Number: 20140612-5138.
    Comments Due: 5 p.m. ET 7/3/14.

    Docket Numbers: ER14-2164-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Queue Position R76; Original Service Agreement No.
3862 to be effective 5/13/2014.
    Filed Date: 6/12/14.
    Accession Number: 20140612-5143.
    Comments Due: 5 p.m. ET 7/3/14.

    Docket Numbers: ER14-2165-000.
    Applicants: BE KJ LLC.
    Description: Notice of cancellation to be effective 6/30/2014.
    Filed Date: 6/12/14.
    Accession Number: 20140612-5148.
    Comments Due: 5 p.m. ET 7/3/14.

    Docket Numbers: ER14-2166-000.
    Applicants: Alabama Power Company.
    Description: Attachment S (GPCo) Updated Depreciation Rates Filing
2014 to be effective 1/1/2014.
    Filed Date: 6/12/14.
    Accession Number: 20140612-5160.
    Comments Due: 5 p.m. ET 7/3/14.

    Take notice that the Commission received the following electric
reliability filings.

    Docket Numbers: RD14-11-000.
    Applicants: North American Electric Reliability Corp.
    Description: Petition for approval of proposed Reliability
Standards VAR-001-4 (Voltage and Reactive Control) and VAR-002-3
(Generator Operation for Maintaining Network Voltage Schedules) of
North American Electric Reliability Corporation.
    Filed Date: 6/9/14.
    Accession Number: 20140609-5087.
    Comments Due: 5 p.m. ET 7/14/14.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 85.211 and 385.214) 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.
    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>.

    Dated: June 12, 2014.
Kimberly D. Bose,
Secretary.
[FR Doc. 2014-14371 Filed 6-19-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 165 (Monday, August 30, 2021)]
[Notices]
[Pages 48430-48431]
[FR Doc No: 2021-18592]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket Nos. FDA-2021-D-0603 and FDA-2021-D-0604]

Safety and Performance Based Pathway Device-Specific Guidances;
Draft Guidances for Industry and Food and Drug Administration Staff;
Availability

AGENCY: Food and Drug Administration, Health and Human Services (HHS).

ACTION: Notice of availability.

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

SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
the availability of two draft device-specific guidance documents for
the Safety and Performance Based Pathway--specifically, ``Denture Base
Resins--Performance Criteria for Safety and Performance Based Pathway;
Draft Guidance for Industry and Food and Drug Administration Staff''
and ``Facet Screw Systems--Performance Criteria for Safety and
Performance Based Pathway; Draft Guidance for Industry and Food and
Drug Administration Staff.'' The device-specific guidances identified
in this notice were developed in accordance with the finalized guidance
entitled ``Safety and Performance Based Pathway.'' These draft guidance
documents are not final nor are they in effect at this time.

DATES: Submit either electronic or written comments on the draft
guidance by October 29, 2021 to ensure that the Agency considers your
comment on this draft guidance before it begins work on the final
version of the guidance.

ADDRESSES: You may submit comments on any guidance at any time as
follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2021-D-0603 for ``Denture Base Resins--Performance Criteria for
Safety and Performance Based Pathway; Draft Guidance for Industry and
Food and Drug Administration Staff'' and Docket No. FDA-2021-D-0604 for
``Facet Screw Systems--Performance Criteria for Safety and Performance
Based Pathway; Draft Guidance for Industry and Food and Drug
Administration Staff.'' Received comments will be placed in the dockets
and, except for those submitted as ``Confidential Submissions,''
publicly viewable at https://www.regulations.gov or at the Dockets
Management Staff between 9 a.m. and 4 p.m., Monday through Friday, 240-
402-7500.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852,<PHONE_NUMBER>.
    You may submit comments on any guidance at any time (see 21 CFR
10.115(g)(5)).
    An electronic copy of the guidance document is available for
download from the internet. See the SUPPLEMENTARY INFORMATION section
for information on electronic access to the guidance. Submit written
requests for a single hard copy of the draft guidance document entitled
``Denture Base Resins--Performance Criteria for Safety and Performance
Based Pathway; Draft Guidance for Industry and Food and Drug
Administration Staff'' or ``Facet Screw Systems--Performance Criteria
for Safety and Performance Based Pathway; Draft Guidance for Industry
and Food and Drug Administration Staff'' to the Office of Policy,
Guidance and Policy Development, Center for Devices and Radiological
Health, Food and Drug Administration, 10903 New Hampshire Ave., Bldg.
66, Rm. 5431, Silver Spring, MD 20993-0002. Send one self-addressed
adhesive label to assist that office in processing your request.

FOR FURTHER INFORMATION CONTACT: Jason Ryans, Center for Devices and
Radiological Health, Food and Drug Administration, 10903 New Hampshire

Ave., Bldg. 66, Rm. 1613, Silver Spring, MD 20993-0002,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    These draft device-specific guidance documents provide performance
criteria for premarket notification (510(k)) submissions to support the
optional Safety and Performance Based Pathway, as described in the
guidance entitled ``Safety and Performance Based Pathway.'' As
described in that guidance, substantial equivalence is rooted in
comparisons between new devices and predicate devices. However, the
Federal Food, Drug, and Cosmetic Act does not preclude FDA from using
performance criteria to facilitate this comparison. If a legally
marketed device performs at certain levels relevant to its safety and
effectiveness, and a new device meets those levels of performance for
the same characteristics, FDA could find the new device as safe and
effective as the legally marketed device. Instead of reviewing data
from direct comparison testing between the two devices, FDA could
support a finding of substantial equivalence with data demonstrating
the new device meets the level of performance of an appropriate
predicate device(s). Under this optional Safety and Performance Based
Pathway, a submitter could satisfy the requirement to compare its
device with a legally marketed device by, among other things,
independently demonstrating that the device's performance meets
performance criteria as established in the above-listed guidance
documents, when finalized, rather than using direct predicate
comparison testing for some of the performance characteristics.
    These draft guidance documents are being issued consistent with
FDA's good guidance practices regulation (21 CFR 10.115). These draft
guidance documents, when finalized, will represent the current thinking
of FDA on performance criteria for the Safety and Performance Based
Pathway for ``Denture Base Resins'' and ``Facet Screw Systems.'' They
do not establish any rights for any person and are not binding on FDA
or the public. You can use an alternative approach if it satisfies the
requirements of the applicable statutes and regulations.

II. Electronic Access

    Persons interested in obtaining a copy of the draft guidance may do
so by downloading an electronic copy from the internet. A search
capability for all Center for Devices and Radiological Health guidance
documents is available at https://www.fda.gov/medical-devices/device-advice-comprehensive-regulatory-assistance/guidance-documents-medical-devices-and-radiation-emitting-products. These guidance documents are
also available at https://www.regulations.gov and at https://www.fda.gov/regulatory-information/search-fda-guidance-documents.
Persons unable to download an electronic copy of ``Denture Base
Resins--Performance Criteria for Safety and Performance Based Pathway;
Draft Guidance for Industry and Food and Drug Administration Staff
(document number 20001)'' or ``Facet Screw Systems--Performance
Criteria for Safety and Performance Based Pathway; Draft Guidance for
Industry and Food and Drug Administration Staff (document number
21001)'' may send an email request to<EMAIL_ADDRESS>to
receive an electronic copy of the document. Please use the document
number and complete title to identify the guidance you are requesting.

III. Paperwork Reduction Act of 1995

    While these guidance documents contain no new collection of
information, they do refer to previously approved FDA collections of
information. Therefore, clearance by the Office of Management and
Budget (OMB) under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C.
3501-3521) is not required for this guidance. The previously approved
collections of information are subject to review by OMB under the PRA.
The collections of information in the following FDA regulation and
guidance have been approved by OMB as listed in the following table:

------------------------------------------------------------------------
                                                            OMB control
21 CFR part; guidance; or FDA form          Topic               No.
------------------------------------------------------------------------
807, subpart E....................  Premarket                  0910-0120
                                     notification.
``Requests for Feedback and         Q-submissions; Pre-        0910-0756
 Meetings for Medical Device         submissions.
 Submissions: The Q-Submission
 Program''.
------------------------------------------------------------------------

    Dated: August 24, 2021.
Lauren K. Roth,
Acting Principal Associate Commissioner for Policy.
[FR Doc. 2021-18592 Filed 8-27-21; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 84, Number 212 (Friday, November 1, 2019)]
[Notices]
[Pages 58747-58749]
[FR Doc No: 2019-23879]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2012-0005]

Cadmium in General Industry Standard; Extension of the Office of
Management and Budget's (OMB) Approval of Information Collection
(Paperwork) Requirements

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

ACTION: Request for public comments.

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SUMMARY: OSHA solicits public comments concerning the proposal to
extend OMB approval of the information collection requirements
specified in the Cadmium in General Industry Standard.

DATES: Comments must be submitted (postmarked, sent, or received) by
December 31, 2019.

ADDRESSES:
    Electronically: You may submit comments and attachments
electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions online for submitting
comments.
    Facsimile: If your comments, including attachments, are not longer
than 10 pages you may fax them to the OSHA Docket Office at (202) 693-
1648.
    Mail, hand delivery, express mail, messenger, or courier service:
When using this method, you must submit a copy of your comments and
attachments to the OSHA Docket Office, Docket No. OSHA-2012-0005,
Occupational Safety and Health Administration, U.S. Department of
Labor, Room N-3653, 200 Constitution Avenue NW, Washington, DC 20210.
Deliveries (hand, express mail, messenger, and courier service) are
accepted during the OSHA Docket Office's normal business hours, 10:00
a.m. to 3:00 p.m., ET.
    Instructions: All submissions must include the agency name and the
OSHA

docket number (OSHA-2012-0005) for the Information Collection Request
(ICR). All comments, including any personal information you provide,
such as social security numbers and dates of birth, are placed in the
public docket without change, and may be made available online at
http://www.regulations.gov. For further information on submitting
comments, see the ``Public Participation'' heading in the section of
this notice titled SUPPLEMENTARY INFORMATION.
    Docket: To read or download comments or other material in the
docket, go to http://www.regulations.gov or the OSHA Docket Office at
the above address. All documents in the docket (including this Federal
Register notice) are listed in the http://www.regulations.gov index;
however, some information (e.g., copyrighted material) is not publicly
available to read or download through the website. All submissions,
including copyrighted material, are available for inspection and
copying at the OSHA Docket Office. You may also contact Theda Kenney at
(202) 693-2222 to obtain a copy of the ICR.

FOR FURTHER INFORMATION CONTACT: Seleda Perryman or Theda Kenney,
Directorate of Standards and Guidance, OSHA, U.S. Department of Labor,
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Labor, as part of a continuing effort to reduce
paperwork and respondent (i.e., employer) burden, conducts a
preclearance process to provide the public with an opportunity to
comment on proposed and continuing information collection requirements
in accordance with the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C.
3506(c)(2)(A)). This program ensures that information is in the desired
format, the reporting burden (time and costs) is minimal, the
collection instruments are clearly understood, and OSHA's estimate of
the information collection burden is accurate. The Occupational Safety
and Health Act of 1970 (the OSH Act) (29 U.S.C. 651 et seq.) authorizes
information collection by employers as necessary or appropriate for
enforcement of the OSH Act, or for developing information regarding the
causes and prevention of occupational injuries, illnesses, and
accidents (see 29 U.S.C. 657). The OSH Act also requires OSHA to obtain
such information with a minimum burden upon employers, especially those
operating small businesses, and to reduce to the maximum extent
feasible unnecessary duplication of effort in obtaining said
information (see 29 U.S.C. 657).
    The collection of information specified in the Cadmium in General
Industry Standard (29 CFR 1910.1027) protects workers from the adverse
health effects that may result from their exposure to cadmium. The
major collection of information of the standard include: Conducting
worker exposure monitoring; notifying workers of their cadmium
exposures; implementing a written compliance program; implementing
medical surveillance of workers; providing examining physicians with
specific information; ensuring that workers receive a copy of their
medical surveillance results; maintaining workers' exposure monitoring
and medical surveillance records for specific periods; and providing
access to these records to the workers who are the subject of the
records, the worker's representative, and other designated parties.

II. Special Issues for Comment

    OSHA has a particular interest in comments on the following issues:
     Whether the proposed information collection requirements
are necessary for the proper performance of the agency's functions,
including whether the information is useful;
     The accuracy of OSHA's estimate of the burden (time and
costs) of the information collection requirements, including the
validity of the methodology and assumptions used;
     The quality, utility, and clarity of the information
collected; and
     Ways to minimize the burden on employers who must comply--
for example, by using automated or other technological information
collection and transmission techniques.
    The agency estimates decreases in the number of exposed workers in
the cross-industry sectors as well as in the specific-industry sectors.
As a result, OSHA is requesting an adjustment decrease of 2,602 burden
hours (from 75,998 to 73,396 hours). This decrease was offset by a
slight estimated increase in plants (employers). Also as a result, the
operation and maintenance costs have also decreased from $5,407,985 to
$5,176,416, a total decrease of $231,569. This decrease was offset by
increases in estimated costs for exposure monitoring sampling and
medical exams.

III. Proposed Actions

    Type of Review: Extension of a currently approved collection.
    Title: Cadmium in General Industry Standard (29 CFR 1910.1025).
    OMB Control Number: 1218-0185.
    Affected Public: Business or other for-profits.
    Number of Respondents: 50,679.
    Frequency: On occasion; Quarterly; Biennially; Semi-annually;
Annually.
    Average Time per Response: Various.
    Estimated Number of Responses: 234,036.
    Estimated Total Burden Hours: 73,396.
    Estimated Cost (Operation and Maintenance): $5,176,416.

IV. Public Participation--Submission of Comments on This Notice and
Internet Access to Comments and Submissions

    You may submit comments in response to this document as follows:
(1) Electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal; (2) by facsimile (fax); or (3) by hard copy. All
comments, attachments, and other material must identify the agency name
and the OSHA docket number (Docket No. OSHA-2012-0005) for the ICR. You
may supplement electronic submissions by uploading document files
electronically. If you wish to mail additional materials in reference
to an electronic or facsimile submission, you must submit them to the
OSHA Docket Office (see the section of this notice titled ADDRESSES).
The additional materials must clearly identify electronic comments by
your name, date, and the docket number so that the agency can attach
them to your comments.
    Because of security procedures, the use of regular mail may cause a
significant delay in the receipt of comments. For information about
security procedures concerning the delivery of materials by hand,
express delivery, messenger, or courier service, please contact the
OSHA Docket Office at<PHONE_NUMBER>; TTY<PHONE_NUMBER>.
    Comments and submissions are posted without change at http://www.regulations.gov. Therefore, OSHA cautions commenters about
submitting personal information such as social security numbers and
dates of birth. Although all submissions are listed in the http://www.regulations.gov index, some information (e.g., copyrighted
material) is not publicly available to read or download through this
website. All submissions, including copyrighted material, are available
for inspection and copying at the OSHA Docket Office. Information on
using the http://www.regulations.gov website to submit comments and
access the docket is available at the website's ``User Tips'' link.
Contact the OSHA Docket Office for information about materials not
available through the website, and for

assistance in using the internet to locate docket submissions.

V. Authority and Signature

    Loren Sweatt, Principal Deputy Assistant Secretary of Labor for
Occupational Safety and Health, directed the preparation of this
notice. The authority for this notice is the Paperwork Reduction Act of
1995 (44 U.S.C. 3506 et seq.) and Secretary of Labor's Order No. 1-2012
(77 FR 3912).

    Signed at Washington, DC, on October 24, 2019.
Loren Sweatt,
Principal Deputy Assistant Secretary of Labor for Occupational Safety
and Health.
[FR Doc. 2019-23879 Filed 10-31-19; 8:45 am]
 BILLING CODE 4510-26-P