[Federal Register Volume 77, Number 200 (Tuesday, October 16, 2012)]
[Notices]
[Pages 63415-63416]
[FR Doc No: 2012-25413]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2012-0074; Notice 1]

BMW of North America, LLC, a Subsidiary of BMW AG, Receipt of
Petition for Decision of Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Receipt of petition.

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SUMMARY: BMW North America, LLC,\1\ a subsidiary of BMW AG.
(collectively referred to as BMW) \2\ has determined that certain model
year 2012 BMW X3 SAV multi-purpose passenger vehicles manufactured
between April 1, 2011 and March 14, 2012, do not fully comply with
paragraph S4.3.3 of Federal Motor Vehicle Safety Standard (FMVSS) No.
110, Tire selection and rims and motor home/recreation vehicle trailer
load carrying capacity information for motor vehicles with a GVWR of
4,536 kilograms (10,000 pounds) or less. BMW has filed an appropriate
report dated March 28, 2012, pursuant to 49 CFR part 573, Defect and
Noncompliance Responsibility and Reports.
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    \1\ BMW North America, LLC, is a U.S. company that manufactures
and imports motor vehicles.
    \2\ BMW AG, is a German company that manufactures motor
vehicles.
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    Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule
at 49 CFR part 556), BMW 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.
    This notice of receipt of BMW'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 1,409 model year 2012
BMW X3 SAV multipurpose passenger vehicles manufactured between April
1, 2011 through March 14, 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 subject 1,409 \3\ vehicles that BMW no longer
controlled at the time it determined that the noncompliance existed.
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    \3\ BMW's petition, which was filed under 49 CFR part 556,
requests an agency decision to exempt BMW as a vehicle manufacturer
from the notification and recall responsibilities of 49 CFR part 573
for the 1,409 affected vehicles. However, a decision on this
petition will not 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
vehicles under their control after BMW notified them that the
subject noncompliance existed.
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    Noncompliance: BMW's explained that the noncompliance is that the
certification label required by 49 CFR part 567 does not list rim
information for the tires installed on the vehicles as original
equipment as required by paragraph S4.3.3 of FMVSS No. 110.
    Rule Text: Paragraph S4.3.3 of FMVSS No. 110 requires in pertinent
part:

    S4.3.3 Additional labeling information for vehicles other than
passenger cars. Each vehicle shall show the size designation and, if
applicable, the type designation of rims (not necessarily those on
the vehicle) appropriate for the tire appropriate for use on that
vehicle, including the tire installed as original equipment on the
certification label required by part 567.4 or part 567.5 of this
chapter. This information shall be in the English language, lettered
in block capitals and numerals not less than 2.4 millimeters high
and in the following format:

GVWR: 2,441 kilograms (5381 pounds).
GAWR: Front--1,299 kilograms (2,864 pounds) with P265/70R16 tires,
16 x 8.0 rims at 248 kPa (36 psi) cold single.
GAWR: Rear--1,299 kilograms (2,864 pounds) with P265/70R16 tires, 16
x 8.00 rims, at 248 kPa (36 psi) cold single.

Summary of BMW's Analysis and Arguments

    BMW states that while the certification label required by 49 CFR

part 567 does not contain tire and rim information for tires and rims
that were installed as original equipment, the information pertains to
tires and rims that are appropriate for use on the vehicles. BMW also
argues that the noncompliance is inconsequential to motor vehicle
safety for the following reasons:
    1. If a driver only checks the certification label (which indicates
either 17-inch tires or 18-inch tires) or if the driver checks the
certification label and the FMVSS No. 110 tire and loading information
Vehicle Placard (which shows the size of the tires originally installed
on the vehicle), and is unsure as to the proper inflation pressure and
the size of the tires installed on the vehicle, there are a number of
information sources and services available which can be used to inform
the driver of the correct tire size and tire pressure.
    a. A driver could check the specific tires installed on the
vehicle. The information that is stamped onto the sidewall of those
tires corresponds to the information contained on the FMVSS No. 110
tire and loading information Vehicle Placard. A driver would be able to
determine that the tires installed on the vehicle correspond to the
tires indicated on the FMVSS 110 tire and loading information Vehicle
Placard. Therefore, a driver would be able to add the correct amount of
air pressure to the tires in order to achieve the proper inflation
level.
    b. If the driver were to use the tire size shown on the
certification label in order to look up the associated tire pressure in
the owner's manual and then pressurize the tires to that pressure the
Tire Pressure Monitoring System would not need to initiate.
    c. The driver will also be able to refer to the vehicle's Owner's
Manual which contains information pertaining to the various tire sizes
and tire pressures for the affected vehicles.
    d. BMW also offers Roadside Assistance and BMW Assist (only
included with Premium Package and as a stand-alone option) which are
available 24 hours/day with representatives that are available to
provide drivers with all of the available tires sizes and
specifications for the affected vehicles.
    BMW has received no customer complaints and are unaware of any
accidents or injuries regarding this noncompliance of the affected
vehicles.
    BMW has additionally informed NHTSA that it has corrected future
production and that all other required markings are present and
correct.
    BMW also explains that NHTSA has previously granted similar
petitions.
    In summation, BMW believes that the described noncompliance of its
certification labels 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: November 15, 2012.

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

    Issued on: October 4, 2012.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2012-25413 Filed 10-15-12; 8:45 am]
BILLING CODE 4910-59-P


[Federal Register Volume 80, Number 73 (Thursday, April 16, 2015)]
[Rules and Regulations]
[Pages 20416-20418]
[FR Doc No: 2015-08761]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2015-0190]
RIN 1625-AA08

Special Local Regulation; Hebda Cup Rowing Regatta; Detroit
River, Wyandotte, MI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary special local
regulation on the Trenton Channel of the Detroit River, Wyandotte,
Michigan. This action is necessary and intended to ensure safety of
life on the navigable waters immediately prior to, during, and
immediately after the Hebda Cup Rowing Regatta. This special local
regulation will establish restrictions upon, and control movement of,
vessels in a portion of the Trenton Channel. During the enforcement
period, no person or vessel may enter the regulated area without
permission of the Captain of the Port.

DATES: This rule will be effective from 7 a.m. until 4:30 p.m. on April
25, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2015-0190. To view documents mentioned in this preamble as being
available in the docket, go to www.regulations.gov, type the docket
number in the ``SEARCH'' box, and click ``Search.'' You may visit the
Docket Management Facility, Department of Transportation, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC
20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or email MST1 Todd Manow, Prevention Department,
Sector Detroit, Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>If you have questions on viewing the docket,
call Ms. Cheryl Collins, Program Manager, Docket Operations, telephone
202-366-9826, or 1-800-647-5527.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NAD 83 North American Datum of 1983
Sec.  Section

A. Regulatory History and Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking with
respect to this rule because waiting for a notice and comment period to
run would be impracticable. The final details of this boat race were
not provided from the event sponsor to the Coast Guard with sufficient
time for the Coast Guard to publish an NPRM and solicit public comments
before the occurrence of the event. Thus, waiting for a notice and
comment period to run would inhibit the Coast Guard's ability to
protect the public from the hazards associated with this boat race.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. For the same reasons discussed in
the preceding paragraph, waiting for a 30 day notice period to run
would be impracticable and contrary to the public interest.

B. Basis and Purpose

    On April 25, 2015, the Wyandotte Boat Club is holding a rowing race
that will require the immediate area to be clear of all vessel traffic.
The rowing race will occur from 7 a.m. until 4:30 p.m. The Captain of
the Port Detroit has determined that the likely combination of
recreation vessels, commercial vessels, and large numbers of spectators
in close proximity to the boat race along the water pose extra and
unusual hazards to public safety and property. Thus, the Captain of the
Port Detroit has determined that establishing a Special Local
Regulation around the location of the race's course will help minimize
risks to safety of life and property during this event.

C. Discussion of Rule

    This rule will be enforced from 7 a.m. until 4:30 p.m. on April 25,
2015. It will encompass all waters of the Detroit River, Trenton
Channel between the following two lines going from bank-to-bank: The
first line is drawn directly across the channel from position
42[deg]10'58'' N., 083[deg]9'23'' W. (NAD 83); the second line, to the
north, is drawn directly across the channel from position
42[deg]11'44'' N., 083[deg]8'56'' W. (NAD 83). This regulation will be
enforced on April 25, 2015, from 7 a.m. until 4:30 p.m.
    Two thirds of the Trenton Channel on the western portion of the
regulated area, from the Wyandotte shoreline to a point approximately
670 feet east into the channel, will be designated as the race zone,
while the remaining third portion on the eastern side of the regulated
area, approximately 330 feet in width, will be designated as a
spectator zone for pleasure crafts.
    Entry into, transiting, or anchoring within the regulated area is
prohibited unless authorized by the Captain of the Port Detroit or his
designated on-scene representative. Entry into and transiting within
the spectator zone of the

regulated area is only authorized at no-wake speed and requires the
authorization of the Captain of the Port or his designated on-scene
representative. The races will stop for oncoming freighter or
commercial traffic. The on-scene representative or event sponsor
representatives may permit vessels to transit the area when no race
activity is occurring. The on-scene representative may be present on
any Coast Guard, state or local law enforcement vessel assigned to
patrol the event.
    The Captain of the Port or his designated on-scene representative
will notify the affected segments of the public of the enforcement of
this rule by all appropriate means, including a Broadcast Notice to
Mariners and Local Notice to Mariners. The Captain of the Port or his
designated on-scene representative may be contacted via VHF Channel 16.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on several of these statutes or executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. It is not
``significant'' under the regulatory policies and procedures of the
Department of Homeland Security (DHS).
    We conclude that this rule is not a significant regulatory action
because we anticipate that it will have minimal impact on the economy,
will not interfere with other agencies, will not adversely alter the
budget of any grant or loan recipients, and will not raise any novel
legal or policy issues.
    The Coast Guard's use of this special local regulation will be of
relatively small size and short duration, and it is designed to
minimize the impact on navigation. Moreover, vessels may, when
circumstances allow, obtain permission from the Captain of the Port to
transit through the area affected by this special local regulations.
Overall, the Coast Guard expects minimal impact to vessel movement from
the enforcement of this special local regulation.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities. This rule will affect the following entities, some of
which might be small entities: The owners or operators of vessels
intending to transit or anchor in this portion of the Trenton Channel
near Wyandotte, MI between 7 a.m. until 4:30 p.m. on April 25, 2015.
    This special local regulation will not have a significant economic
impact on a substantial number of small entities for the following
reasons: This rule will only be in effect and enforced for less than 10
hours on one day. The race event will be temporarily stopped for any
deep draft vessels transiting through the shipping lanes. The Coast
Guard will give notice to the public via a Broadcast Notice to Mariners
that the regulation is in effect, allowing vessel owners and operators
to plan accordingly.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule to that they can better evaluate
its effects on them. If this rule would affect your small business,
organization, or governmental jurisdiction and you have questions
concerning its provisions or options for compliance, please contact the
person listed in the FOR FURTHER INFORMATION CONTACT section above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against entities
that question or complain about this rule or any policy or action of
the Coast Guard.

4. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has 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. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such expenditure, we do discuss the effects of this rule elsewhere in
this preamble.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health

Risks and Safety Risks. This rule is not an economically significant
rule and does not create an environmental risk to health or risk to
safety that may disproportionately affect children.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule involves the establishment of a special local regulation
issued in conjunction with a regatta or marine parade, and, therefore
it is categorically excluded from further review under paragraph 34(h)
of Figure 2-1 of the Commandant Instruction. During the annual
permitting process for this event an environmental analysis was
conducted, and thus, no preliminary environmental analysis checklist or
Categorical Exclusion Determination (CED) are required for this
rulemaking action. We seek any comments or information that may lead to
the discovery of a significant environmental impact from this rule.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  33 U.S.C. 1233.

0
2. Add Sec.  100.35T09-0190 to read as follows:

Sec.  100.35T09-0190  Special Local Regulation; Hebda Cup Rowing
Regatta, Trenton Channel; Wyandotte, MI.

    (a) Regulated Area. A regulated area is established to include all
waters of the Detroit River, Trenton Channel between the following two
lines going from bank-to-bank: The first line is drawn directly across
the channel from position 42[deg]10'58'' N., 083[deg]9'23'' W.; the
second line, to the north, is drawn directly across the channel from
position 42[deg]11'44'' N., 083[deg]8'56'' W. All geographic
coordinates are North American Datum of 1983 (NAD 83). Two thirds of
the Trenton Channel on the western portion of the regulated area, from
the Wyandotte shoreline to a point approximately 670 feet east into the
channel, will be designated as the race zone, while the remaining third
portion on the eastern side of the of the regulated area, approximately
330 feet in width, will be designated as a spectator zone for pleasure
crafts.
    (b) Enforcement period. This regulation will be enforced from 7
a.m. until 4:30 p.m. on April 25, 2015.
    (c) Regulations. (1) No vessel may enter, transit through, or
anchor within the race zone of the regulated area unless authorized by
the Captain of the Port Detroit, or his designated on-scene
representative.
    (2) No vessels may enter and transit through the spectator zone on
the eastern side of regulated area without authorization of the Captain
of the Port or his designated on scene representative. Any vessel
granted permission to enter the spectator zone must not exceed a no-
wake speed.
    (3) The ``on-scene representative'' of the Captain of the Port,
Sector Detroit is any Coast Guard commissioned, warrant or petty
officer or a Federal, State, or local law enforcement officer
designated by or assisting the Captain of the Port, Sector Detroit to
act on his behalf.
    (4) Vessel operators desiring to enter or operate within the
regulated area shall contact the Coast Guard Patrol Commander to obtain
permission to do so. The Captain of the Port, Sector Detroit or his on-
scene representative may be contacted via VHF Channel 16 or at 313-568-
9464.
    (5) Vessel operators given permission to enter or operate in the
regulated area must comply with all directions given to them by the
Captain of the Port, Sector Detroit, or his on-scene representative.
    (6) If the Captain of the Port, Sector Detroit grants permission
for a deep draft vessel to transit through the regulated area in the
shipping lanes, the race event will be temporarily stopped during deep
draft vessel's transit.

    Dated: March 27, 2015.
Scott B. Lemasters,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2015-08761 Filed 4-15-15; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register: February 10, 2009 (Volume 74, Number 26)]
[Notices]
[Page 6638-6639]
[DOCID:fr10fe09-81]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2008-E-0194]

Determination of Regulatory Review Period for Purposes of Patent
Extension; SELZENTRY

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) has determined the
regulatory review period for SELZENTRY and is publishing this notice of
that determination as required by law. FDA has made the determination
because of the submission of an application to the Director of Patents
and Trademarks, Department of Commerce, for the extension of a patent
which claims that human drug product.

ADDRESSES: Submit written comments and petitions to the Division of
Dockets Management (HFA-305), Food and Drug Administration, 5630
Fishers Lane, rm. 1061, Rockville, MD 20852. Submit electronic comments
to http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Beverly Friedman, Office of Regulatory
Policy, Food and Drug Administration, 10903 New Hampshire Ave., Bldg.
51, rm. 6222, Silver Spring, MD 20993-0002,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Drug Price Competition and Patent Term
Restoration Act of 1984 (Public Law 98-417) and the Generic Animal Drug
and Patent Term Restoration Act (Public Law 100-670) generally provide
that a patent may be extended for a period of up to 5 years so long as
the patented item (human drug product, animal drug product, medical
device, food additive, or color additive) was subject to regulatory
review by FDA before the item was marketed. Under these acts, a
product's regulatory review period forms the basis for determining the
amount of extension an applicant may receive.
    A regulatory review period consists of two periods of time: A
testing phase and an approval phase. For human drug products, the
testing phase begins when the exemption to permit the clinical
investigations of the drug becomes effective and runs until the
approval phase begins. The approval phase starts with the initial
submission of an application to market the human drug product and
continues until FDA grants permission to market the drug product.
Although only a portion of a regulatory review period may count toward
the actual amount of extension that the Director of Patents and
Trademarks may award (for example, half the testing phase must be
subtracted as well as any time that may have occurred before the patent
was issued), FDA's determination of the length of a regulatory review
period for a human drug product will include all of the testing phase
and approval phase as specified in 35 U.S.C. 156(g)(1)(B).
    FDA recently approved for marketing the human drug product
SELZENTRY (maraviroc). SELZENTRY is indicated for combination
antiretroviral treatment of adults infected with only CCR5-tropic HIV-1
detectable, who have evidence of viral replication and HIV-1 strains
resistant to multiple antiretroviral agents. Subsequent to this
approval, the Patent and Trademark Office received a patent term
restoration application for SELZENTRY (U.S. Patent No. 6,667,314) from
Pfizer Inc., and the Patent and Trademark Office requested FDA's
assistance in determining this patent's

eligibility for patent term restoration. In a letter dated April 22,
2008, FDA advised the Patent and Trademark Office that this human drug
product had undergone a regulatory review period and that the approval
of SELZENTRY represented the first permitted commercial marketing or
use of the product. Shortly thereafter, the Patent and Trademark Office
requested that FDA determine the product's regulatory review period.
    FDA has determined that the applicable regulatory review period for
SELZENTRY is 1,524 days. Of this time, 1,294 days occurred during the
testing phase of the regulatory review period, while 230 days occurred
during the approval phase. These periods of time were derived from the
following dates:
    1. The date an exemption under section 505(i) of the Federal Food,
Drug, and Cosmetic Act (the act) (21 U.S.C. 355(i)) became effective:
June 6, 2003. The applicant claims June 10, 2003, as the date the
investigational new drug application (IND) became effective. However,
FDA records indicate that the IND effective date was June 6, 2003,
which was 30 days after FDA receipt of the IND.
    2. The date the application was initially submitted with respect to
the human drug product under section 505(b) of the act: December 20,
2006. The applicant claims December 19, 2006, as the date the new drug
application (NDA) for SELZENTRY (NDA 22-128) was initially submitted.
However, FDA records indicate that NDA 22-128 was submitted on December
20, 2006.
    3. The date the application was approved: August 6, 2007. FDA has
verified the applicant's claim that NDA 22-128 was approved on August
6, 2007.
    This determination of the regulatory review period establishes the
maximum potential length of a patent extension. However, the U.S.
Patent and Trademark Office applies several statutory limitations in
its calculations of the actual period for patent extension. In its
application for patent extension, this applicant seeks 73 days of
patent term extension.
    Anyone with knowledge that any of the dates as published are
incorrect may submit to the Division of Dockets Management (see
ADDRESSES) written or electronic comments and ask for a redetermination
by April 13, 2009. Furthermore, any interested person may petition FDA
for a determination regarding whether the applicant for extension acted
with due diligence during the regulatory review period by August 10,
2009. To meet its burden, the petition must contain sufficient facts to
merit an FDA investigation. (See H. Rept. 857, part 1, 98th Cong., 2d
sess., pp. 41-42, 1984.) Petitions should be in the format specified in
21 CFR 10.30.
    Comments and petitions should be submitted to the Division of
Dockets Management. Three copies of any mailed information are to be
submitted, except that individuals may submit one copy. Comments are to
be identified with the docket number found in brackets in the heading
of this document. Comments and petitions may be seen in the Division of
Dockets Management between 9 a.m. and 4 p.m., Monday through Friday.

    Dated: February 2, 2009.
Jane A. Axelrad,
Associate Director for Policy, Center for Drug Evaluation and Research.
[FR Doc. E9-2813 Filed 2-9-09; 8:45 am]

BILLING CODE 4160-01-S


Newport Florence Waldport Lincoln City Alsea River Yaquina River Siuslaw River Lake Creek Siletz River Wolf Creek Drift Creek Fi ve Rivers Salmon River Indian Creek Wild cat Creek Lobster Creek Maple Creek Fiddle Creek Yachats River Fall Creek Deadwood C reek temp7 Tenmile Creek Sam Creek Euchre Creek Knowles C reek Leitel Creek Bob Creek Buck Creek Cedar Creek Schooner C reek Sweet Creek Rock Creek Fivemile Creek Olalla Creek Nelson Creek Bummer Creek Peak Creek Green River Esmond Creek Big Cree k Little Elk Creek Steer Creek Canal Creek Kelly Creek Doe Creek Hawley Creek Cummins Creek Greenleaf Creek Slick Rock Creek McLeod Creek Fish Creek Trout Creek Grant Creek Tob e Creek Condon Creek Spou t Creek Mill Creek Crab Creek temp6 Parker Cree k Bear Creek Green Creek Little Lobster Cree k Fawn Creek Oat Creek temp8 Gold Creek Letz Creek Gravel Creek Dun can Inlet Big Rock Creek Swartz Creek Slick Creek Douglas Creek P ataha Creek Thiel Creek Depot Creek Coal Creek Rogers Cr eek Swamp Creek Camp C reek Deer Creek Failo r Creek Rocky Creek King Slough Morris Creek Yew Creek Seeley Cre ek Bailey Creek Wilhelm Creek Su ns hine Creek Vingie Creek Wade Creek Bell Cre ek Billie Creek Cerine Creek Hadsall Creek Bottle C reek Wapiti Creek Elk Creek Smith C reek Jaybird Creek Cougar Creek Turner Creek Drew Creek Cape Creek Skunk Creek Poole Slough Maria Creek Munsel Creek Racks Creek Congdo n Creek Haight Creek Sudan C reek Barber Creek Bernhardt Creek Fogarty Creek School Fork Beaver Creek Dewey Creek Boulder Creek Nute Slough Fann o Creek Tucker Cre ek Alder Creek Divide Creek Coleman Creek Erickson Creek temp2 Darkey Creek Hula Creek Wilson Creek Savage Creek Little Bould er Cre ek Sand Cree k Thornton Creek Sm ith River Walker Creek Leo pold Creek Hayn es Creek Horse Creek Roo ts Creek Abbey Creek Threemile Creek Fisher Creek Cla y Creek Gopher Creek Sandy Creek Arnold Creek John Sims Cre ek Woa hink Lake Oxbow C reek Rath Creek Tracy Creek Velvet Creek Spilde Creek Rail Creek South Inlet Elkhorn Creek Lucas Creek Devils Lake temp4 Carter Creek Cow Creek Anderson Creek Salt Creek Tilden Creek Lyndon Creek Johnson Creek Jordan Creek Ellen Creek Phillips Cr eek Bierce Creek Randall Cre ek Maltby Creek Kirk Creek Baker Creek Russell Creek Saleratus Creek Nort h Cr eek Hayes Creek Beat y Creek Conrad Creek Drake Creek Pra irie Creek S kin ner Creek Bales Cre e k Crowle y Creek Cox Creek Schrum Creek Cook Creek Millport Slough Chappell Creek Zahn Creek Bluff Creek Fox Creek Long Creek Barclay Creek Blue Creek Roy Creek Klamath Creek Jackass Creek Fryingpan Creek Ryder Creek Dismal Swamp Carns Canyon Mill Creek Mill Creek Elk Creek Swamp Creek Trout Creek Bear Creek Drift Creek Big Creek Wolf Creek North Creek Rock Cree k Camp Creek Be ar Creek Rock Creek Swamp Creek Mill Creek Fall Creek Buck Creek Bailey Creek Fish Creek Elk Creek Bailey Creek Rogers Cre ek Walker Creek Boulder Creek Sam Creek Deer Creek Rock Creek Skunk Creek Cougar Creek Salmon & Steelhead Spawning Through Fry Emergence Use Designations, Mid Coast Basin, Oregon DRAFT, September 23, 2003 Legend Salmon & Steelhead Spawning Through Fry Emergence: 13C/ 55F Not Subject to EPA Rule ( Siletz Reservation) Unassigned September 1 May 15 September 1 June 15 September 15 June 15 October 1 May 15 October 1 June 15 October 15 May 15 Siletz Reservation Subbasins ( HUCs) Larger streams shown with heavier lines.

Map produced by Bill Bogue, EPA Region 10, September 23, 2003 PACIFIC OCEAN SILETZ/ YAQUINA ALSEA SILTCOOS SIUSLAW


[Federal Register Volume 77, Number 200 (Tuesday, October 16, 2012)]
[Notices]
[Page 63309]
[FR Doc No: 2012-25392]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PA10-13-000]

ITC Holdings Corp.; Notice of Filing

    Take notice that on September 28, 2012, ITC Holdings Corp. and ITC
Midwest LLC (collectively ITC) filed its Refund Report in the above-
docketed proceeding in compliance with the May 11, 2012 Order on Paper
Hearing (Order), 139 FERC ] 61,112, issued by the Commission.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on October 25, 2012.

    Dated: October 9, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-25392 Filed 10-15-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 157 (Wednesday, August 16, 2017)]
[Proposed Rules]
[Pages 38857-38859]
[FR Doc No: 2017-17257]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2017-0610; Airspace Docket No. 17-ANE-3]

Proposed Amendment of Class E Airspace, Carrabassett, ME

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend Class E airspace at
Carrabassett, ME, due to the new arrival procedure established for
Sugarloaf Regional Airport. Controlled airspace is necessary for the
safety and management of instrument flight rules (IFR) operations at
the airport. This action also would update the geographic coordinates
of the airport.

DATES: Comments must be received on or before October 2, 2017.

ADDRESSES: Send comments on this proposal to: U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue SE., West
Bldg Ground Floor, Rm. W12-140, Washington, DC 20590; Telephone: 1-
(800)-647-5527, or<PHONE_NUMBER>. You must identify the Docket No.
FAA-2016-0610; Airspace Docket No. 17-ANE-3, at the beginning of your
comments. You may also submit and review received comments through the
Internet at http://www.regulations.gov. You may review the public
docket containing the proposal, any comments received, and any final
disposition in person in the Dockets Office between 9:00 a.m. and 5:00
p.m., Monday through Friday, except federal holidays.
    FAA Order 7400.11A, Airspace Designations and Reporting Points, and
subsequent amendments can be viewed on line at http://www.faa.gov/air_traffic/publications/. For further information, you can contact the
Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC 20591; telephone: (202)-267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11A at NARA, call<PHONE_NUMBER>, or go
to http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: John Fornito, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, P.O.
Box 20636, Atlanta, Georgia 30320; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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. This rulemaking is promulgated under the
authority described in Subtitle VII, Part A, Subpart I, Section 40103.
Under that section, the FAA is charged with prescribing regulations to
assign the use of airspace necessary to ensure the safety of aircraft
and the efficient use of airspace. This regulation is within the scope
of that authority as it would amend Class E airspace at Sugarloaf
Regional Airport, Carrabassett, ME, to support IFR operations at the
airport.

Comments Invited

    Interested persons are invited to comment on this rule by
submitting such written data, views, or arguments, as they may desire.
Comments that provide the factual basis supporting the views and
suggestions presented are particularly helpful in developing reasoned
regulatory decisions on the proposal. Comments are specifically invited
on the overall regulatory, aeronautical, economic, environmental, and
energy-related aspects of the proposal.
    Communications should identify both docket numbers and be submitted
in triplicate to the address listed above. You may also submit comments
through the Internet at http://www.regulations.gov.
    Persons wishing the FAA to acknowledge receipt of their comments on
this action must submit with those comments a self-addressed stamped
postcard on which the following statement is made: ``Comments to Docket
No. FAA-2017-0610; Airspace Docket No. 17-ANE-3.'' The postcard will be
date/time stamped and returned to the commenter.
    All communications received before the specified closing date for
comments will be considered before taking action on the proposed rule.
The proposal contained in this notice may be changed in light of the
comments received. A report summarizing each substantive public contact
with FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's Web page at http://www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for address and phone number) between
9:00 a.m. and 5:00 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined between 8:00 a.m. and
4:30 p.m., Monday through Friday, except federal holidays at the office
of the Eastern Service Center, Federal Aviation Administration, Room
350, 1701 Columbia Avenue, College Park, GA 30337.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order 7400.11A, Airspace
Designations and Reporting Points, dated August 3, 2016, and effective
September 15, 2016. FAA Order 7400.11A is publicly available as listed
in the ADDRESSES section of this document. FAA Order 7400.11A lists
Class A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Proposal

    The FAA is considering an amendment to Title 14, Code of Federal
Regulations (14 CFR) part 71 to amend Class E airspace extending upward
from 700 feet or more above the surface within the 7-mile radius of
Sugarloaf Regional Airport, Carrabassett, ME. A 14.3-mile extension to
the north would be created extending from the 7-mile radius of the
airport for the new RNAV-(GPS-A) approach for the airport, and for
continued safety and management of IFR operations. The geographic
coordinates of the airport also would be adjusted to coincide with the
FAAs aeronautical database.
    Class E airspace designations are published in paragraph 6005 of
FAA Order 7400.11A, dated August 3, 2016, and effective September 15,
2016, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designation listed in this document will be published
subsequently in the Order.

Regulatory Notices and Analyses

    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a Regulatory Evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this proposed rule, when promulgated, will not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation
Administration Order 7400.11A, Airspace Designations and Reporting
Points, dated August 3, 2016, and effective September 15, 2016, is
amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

ANE ME E5 Carrabassett, ME [Amended]

Sugarloaf Regional Airport
    (Lat. 45[deg]05'08'' N., long. 70[deg]12'59'' W.)
Point in Space Coordinates
    (Lat. 45[deg]06'26'' N., long. 70[deg]12'30'' W.)

    That airspace extending upward from 700 feet above the surface
of the earth within a 6-mile radius of the Point in Space
Coordinates (lat. 45[deg]06'26'' N., long. 70[deg]12'30'' W.)
serving the Sugarloaf Regional Airport, and within a 7-mile radius
of the airport, and within 1 mile each side of the 346[deg] bearing
from the airport, extending from the 7-mile radius to 14.3-miles
north of the airport.

    Issued in College Park, Georgia, on August 8, 2017.
Ryan W. Almasy,
Manager, Operations Support Group, Eastern Service Center, Air Traffic
Organization.
[FR Doc. 2017-17257 Filed 8-15-17; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 70 (Thursday, April 11, 2013)]
[Proposed Rules]
[Page 21581]
[FR Doc No: 2013-08260]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2012-0828; FRL-9776-5]

Revisions to the California State Implementation Plan, Santa
Barbara County Air Pollution Control District and South Coast Air
Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve revisions to the Santa Barbara
County Air Pollution Control District (SBCAPCD) and South Coast Air
Quality Management District (SCAQMD) portions of the California State
Implementation Plan (SIP). These revisions concern volatile organic
compound (VOC) and oxides of nitrogen (NOX) emissions from
gas-fired fan-type central furnaces, small water heaters, and the
transfer and dispensing of gasoline. We are proposing to approve local
rules to regulate these emission sources under the Clean Air Act (CAA
or the Act).

DATES: Any comments on this proposal must arrive by May 13, 2013.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2012-0828, by one of the following methods:
    1. Federal eRulemaking Portal: www.regulations.gov. Follow the
online instructions.
    2. Email<EMAIL_ADDRESS>    3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA
94105-3901.
    Instructions: All comments will be included in the public docket
without change and may be made available online at www.regulations.gov,
including any personal information provided, unless the comment
includes Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Information that you
consider CBI or otherwise protected should be clearly identified as
such and should not be submitted through www.regulations.gov or email.
www.regulations.gov is an ``anonymous access'' system, and EPA will not
know your identity or contact information unless you provide it in the
body of your comment. If you send email directly to EPA, your email
address will be automatically captured and included as part of the
public comment. 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: Generally, documents in the docket for this action are
available electronically at www.regulations.gov and in hard copy at EPA
Region IX, 75 Hawthorne Street, San Francisco, California 94105-3901.
While all documents in the docket are listed at www.regulations.gov,
some information may be publicly available only at the hard copy
location (e.g., copyrighted material, large maps), and some may not be
publicly available in either location (e.g., CBI). To inspect the hard
copy materials, please schedule an appointment during normal business
hours with the contact listed in the FOR FURTHER INFORMATION CONTACT
section.

FOR FURTHER INFORMATION CONTACT: Nicole Law, EPA Region IX, (415) 947-
4126<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: This proposal addresses the following local
rules: SBCAPCD Rule 352 Natural Gas-Fire Fan-Type Central Furnaces and
Small Water Heaters and SCAQMD Rule 461 Gasoline Transfer and
Dispensing. In the Rules and Regulations section of this Federal
Register, we are approving these local rules in a direct final action
without prior proposal because we believe these SIP revisions are not
controversial. If we receive adverse comments, however, we will publish
a timely withdrawal of the direct final rule and address the comments
in subsequent action based on this proposed rule. Please note that if
we receive adverse comment on an amendment, paragraph, or section of
this rule and if that provision may be severed from the remainder of
the rule, we may adopt as final those provisions of the rule that are
not the subject of an adverse comment.
    We do not plan to open a second comment period, so anyone
interested in commenting should do so at this time. If we do not
receive adverse comments, no further activity is planned. For further
information, please see the direct final action.

    Dated: January 23, 2013.
Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2013-08260 Filed 4-10-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: August 15, 2006 (Volume 71, Number 157)]
[Rules and Regulations]
[Page 47055-47059]
[DOCID:fr15au06-9]

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Part IV

Securities and Exchange Commission

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17 CFR Parts 210, 228, 229, 240 and 249

Internal Control Over Financial Reporting in Exchange Act Reports;
Final Rule and Proposed Rule

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SECURITIES AND EXCHANGE COMMISSION

17 CFR Parts 210, 228, 229, 240 and 249

[Release Nos. 33-8730; 34-54294; File No. S7-06-03]
RIN 3235-AI79

Internal Control Over Financial Reporting in Exchange Act
Periodic Reports of Foreign Private Issuers That Are Accelerated Filers

AGENCY: Securities and Exchange Commission.

ACTION: Final rule; extension of compliance dates.

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SUMMARY: We are extending the compliance date that was published on
March 8, 2005, in Release No. 33-8545 [70 FR 11528], for foreign
private issuers that are accelerated filers, but not large accelerated
filers, for amendments to Forms 20-F and 40-F that require a foreign
private issuer to include in its annual reports an attestation report
by the issuer's registered public accounting firm on management's
assessment on internal control over financial reporting.

DATES: Effective Date: September 14, 2006; except Temporary Sec.
210.2-02T, Temporary Item 15T of Form 20-F, and Temporary Instruction
2T of General Instruction B(6) of Form 40-F are effective from
September 14, 2006 to December 31, 2007.
    Compliance Dates: The compliance dates are extended as follows: A
foreign private issuer that is an accelerated filer, but not a large
accelerated filer, under the definition in Rule 12b-2 of the Securities
Exchange Act of 1934, and that files its annual report on Form 20-F or
Form 40-F, must begin to comply with the requirement to provide the
auditor's attestation report on internal control over financial
reporting in the annual report filed for its first fiscal year ending
on or after July 15, 2007. Furthermore, until this type of foreign
private issuer becomes subject to the auditor attestation report
requirement, the registered public accounting firm retained by the
issuer need not comply with the obligation in Rule 2-02(f) of
Regulation S-X. Rule 2-02(f) requires every registered public
accounting firm that issues or prepares an accountant's report that is
included in an annual report filed by an Exchange Act reporting company
(other than a registered investment company) containing an assessment
by management of the effectiveness of the company's internal control
over financial reporting to attest to, and report on, such assessment.

FOR FURTHER INFORMATION CONTACT: Michael Coco, Special Counsel, Office
of International Corporate Finance, Division of Corporation Finance, at
(202) 551-3450, U.S. Securities and Exchange Commission, 100 F Street,
NE., Washington, DC 20549-3628.

SUPPLEMENTARY INFORMATION: On June 5, 2003,\1\ the Commission adopted
several amendments to its rules and forms implementing section 404 of
the Sarbanes-Oxley Act of 2002.\2\ Among other things, these amendments
require companies, other than registered investment companies, to
include in their annual reports a report of management on the
effectiveness of the company's internal control over financial
reporting, and an accompanying auditor's attestation report, and to
evaluate, as of the end of each fiscal period, any change in the
company's internal control over financial reporting that occurred
during the period that has materially affected, or is reasonably likely
to materially affect, the company's internal control over financial
reporting.
---------------------------------------------------------------------------

    \1\ See Release No. 33-8238 (June 5, 2003) [68 FR 36636].
    \2\ 15 U.S.C. 7262.
---------------------------------------------------------------------------

    In February 2004, we approved an extension of the original
compliance dates for the amendments related to internal control over
financial reporting.\3\ Specifically, we extended the compliance dates
for companies that are accelerated filers, as defined in Exchange Act
Rule 12b-2,\4\ to fiscal years ending on or after November 15, 2004,
and for non-accelerated filers \5\ and all foreign private issuers
filing annual reports on Form 20-F or 40-F,\6\ to fiscal years ending
on or after July 15, 2005. In March 2005, we approved a further one-
year extension of the compliance dates for non-accelerated filers and
for all foreign private issuers filing annual reports on Form 20-F or
40-F \7\ and acknowledged the significant efforts that were being
expended by many foreign private issuers to comply with International
Financial Reporting Standards.
---------------------------------------------------------------------------

    \3\ See Release No. 33-8392 (February 24, 2004) [69 FR 9722].
    \4\ 17 CFR 240.12b-2.
    \5\ The term ``non-accelerated filer'' is not defined in our
rules, but we use it throughout this release to refer to an Exchange
Act reporting company that does not meet the Exchange Act Rule 12b-2
definition of either an ``accelerated filer'' or a ``large
accelerated filer.''
    \6\ 17 CFR 249.20f and 249.40f.
    \7\ Release No. 33-8545 (March 2, 2005) [70 FR 11528].
---------------------------------------------------------------------------

    Most recently, in September 2005, we again extended for another one
year period the compliance dates for the internal control over
financial reporting requirements applicable to non-accelerated filers,
including foreign private issuers that are non-accelerated filers.\8\
Based on the September 2005 extension, a foreign private issuer that is
a non-accelerated filer currently is scheduled to become subject to
compliance with the internal control over financial reporting
requirements beginning with the annual report filed for its first
fiscal year ending on or after July 15, 2007.
---------------------------------------------------------------------------

    \8\ Release No. 33-8618 (September 22, 2005) [70 FR 56825].
Prior to December 1, 2005, ``accelerated filer'' status did not
directly affect a foreign private issuer filing its annual reports
on Form 20-F or 40-F because we had not accelerated the filing
deadlines for those forms, even though the Rule 12b-2 definition of
``accelerated filer'' did not expressly exclude foreign private
issuers by its terms. After December 1, 2005, however, as a result
of a change made as part of the Commission's Securities Offering
Reform final rules, a foreign private issuer meeting the accelerated
filer definition, and filing its annual report on Form 20-F, became
subject to a new requirement in Item 4A of Form 20-F to disclose
unresolved staff comments.
---------------------------------------------------------------------------

    In a companion release also being issued today,\9\ we propose both
to further extend the management assessment compliance date for non-
accelerated filers with a fiscal year ending on or after July 15, 2007,
but before December 15, 2007, and to also extend the compliance date
relating to the auditor's attestation report on internal control over
financial reporting for all non-accelerated filers until fiscal years
ending on or after December 15, 2008.
---------------------------------------------------------------------------

    \9\ Release No. 34-54295 (Aug. 9, 2006). In the companion
proposing release, we request comment on the potential implications
of separating management's report on internal control over financial
reporting from the auditor's attestation report on internal control
over financial reporting on the efficiency and effectiveness of
implementation of the Section 404 requirements. We also request
comment on a variety of other questions, including whether there is
any relief or guidance that we should consider providing
specifically with respect to foreign private issuers apart from the
actions described in the release affecting foreign private issuers
that are non-accelerated filers.
---------------------------------------------------------------------------

    Pursuant to the compliance dates established in the March 2005
release, a foreign private issuer that is either an accelerated filer
\10\ or a large accelerated filer,\11\ and that files its annual
reports on Form 20-F or 40-F, currently is

scheduled to comply with the internal control over financial reporting
requirements beginning with the annual report filed for its first
fiscal year ending on or after July 15, 2006.
---------------------------------------------------------------------------

    \10\ Exchange Act Rule 12b-2(1) [17 CFR 240.12b-2(1)] defines an
accelerated filer as an issuer that, among other criteria, has an
aggregate market value of voting and non-voting common equity held
by non-affiliates of the issuer of $75 million or more as of the
last day of the issuer's most recently completed second fiscal
quarter.
    \11\ Exchange Act Rule 12b-2(2) [17 CFR 240.12b-2(2)] defines a
large accelerated filer as an issuer that, among other criteria, has
an aggregate market value of voting and non-voting common equity
held by non-affiliates of the issuer of $700 million or more as of
the last day of the issuer's most recently completed second fiscal
quarter.
---------------------------------------------------------------------------

    In this release, we are extending for one year the date by which a
foreign private issuer that is an accelerated filer (but not a large
accelerated filer),\12\ and that files its annual reports on Form 20-F
or 40-F, must begin to comply with the requirement to provide the
auditor's attestation report on internal control over financial
reporting.\13\ Pursuant to this extension, this type of issuer must
begin to comply with the requirement to provide the auditor's
attestation report in the Form 20-F or 40-F annual report filed for its
first fiscal year ending on or after July 15, 2007. The extension will
become effective 30 days after this release is published in the Federal
Register.
---------------------------------------------------------------------------

    \12\ As defined in Rule 12b-2, the term ``accelerated filer''
does not include a filer that is a ``large accelerated filer.'' The
two categories of filers therefore are mutually exclusive.
    \13\ See Item 15(c) of 20-F and General Instruction B(6)(d) of
Form 40-F.
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    The extension that we are providing in this release does not alter
any other requirements regarding internal control that already are in
effect, including without limitation, section 13(b)(2) of the Exchange
Act \14\ and the related rules, nor does it affect any other previously
established compliance date. Therefore, a foreign private issuer that
is an accelerated filer must begin to comply with the requirement to
include management's report on internal control over financial
reporting in the Form 20-F or 40-F annual report filed for its first
fiscal year ending on or after July 15, 2006.
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    \14\ 15 U.S.C. 78m(b)(2).
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    In the companion release referenced above that we also are issuing
today, we are proposing that all non-accelerated filers, like the
foreign private issuers that are the subject of this release, would
include only management's report on internal control over financial
reporting during their first year of compliance with the section 404
requirements. In that release, we propose that during the first
compliance year, the non-accelerated filer would ``furnish'' rather
than file management's report. The release states that if we adopt that
proposal, we intend to afford similar relief to the accelerated foreign
private issuer filers that likewise will file only management's report
during their first year of compliance with the section 404
requirements.\15\ We invite foreign private issuers and all interested
parties to comment on the questions raised in the companion release as
to whether this type of proposed relief is appropriate.
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    \15\ See Section II of Release No. 34-54295 (August 9, 2006).
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    The chief executive officer and chief financial officer of a
foreign private issuer that is an accelerated filer must begin to
provide the complete certification required by Exchange Act Rule 13a-
14(a) or 15d-14(a),\16\ including the references to the officers'
responsibility for establishing and maintaining internal control over
financial reporting in paragraph 4 of the certification, in the Form
20-F or 40-F annual report filed for the foreign private issuer's first
fiscal year ending on or after July 15, 2006.
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    \16\ 17 CFR 240.13a-14(a) or 15d-14(a).
---------------------------------------------------------------------------

    This extension also does not affect the date by which a foreign
private issuer that is a large accelerated filer must comply with all
of the internal control over financial reporting requirements.\17\
These filers must include both a report by management and an
attestation report by the issuer's registered public accounting firm on
internal control over financial reporting, as well as complete
certifications, in their Form 20-F or 40-F reports filed for a fiscal
year ending on or after July 15, 2006. Our data indicates that out of
the approximately 1,240 foreign private issuers that are subject to the
Exchange Act reporting requirements, about 39% of these are large
accelerated filers, 23% are accelerated filers, and the remaining 38%
are non-accelerated filers.\18\
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    \17\ We are not extending the compliance dates for large
accelerated foreign private issuers given their more extensive
reporting resources and the greater market interest they generate
than smaller issuers. Industry sources indicate that these issuers
are further along in their compliance efforts than the accelerated
foreign private issuers and generally appear to be better prepared
to comply with the current filing deadline. Furthermore, the
distinction between large accelerated and accelerated foreign
private issuers that we are making for purposes of the extension is
consistent with a similar size-based distinction that we made in
2004 when we provided certain accelerated filers up to an additional
45 days to file their Section 404 reports. Although the order pre-
dated our creation of the ``large accelerated filer'' category of
issuers, companies with public equity float thresholds exceeding
$700 million, representing approximately 96% of the U.S. equity
market capitalization, were not eligible for the 45-day extension.
See Release No. 34-50754 (November 30, 2004).
    \18\ The estimated percentages of foreign private issuers within
each accelerated filer category are based on market capitalization
data from Datastream as of December 31, 2005.
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    The Commission, for good cause, finds that notice and solicitation
of comment regarding extension of the audit attestation report
compliance date for foreign private issuers that are accelerated filers
(but not large accelerated filers) is impractical, unnecessary and
contrary to the public interest for a variety of reasons.\19\ One
reason is that a number of events related to internal control
assessments by companies and their auditors have occurred since we
granted the last extension of compliance dates.
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    \19\ See section 553(b)(3)(B) of the Administrative Procedure
Act [5 U.S.C. 553(b)(3)(B)] (stating that an agency may dispense
with prior notice and comment when it finds, for good cause, that
notice and comment are ``impracticable, unnecessary, or contrary to
the public interest.''). Also, because the Regulatory Flexibility
Act [5 U.S.C. 601-612] only requires agencies to prepare analyses
when the Administrative Procedures Act requires general notice of
rulemaking, that Act does not apply to the actions that we are
taking in this release.
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    First, the extension will provide these foreign private issuers and
their registered accounting firms an additional year to consider, and
adapt to, any actions that the Commission and the Public Company
Accounting Oversight Board decide to take as part of their plans
announced on May 17, 2006 to improve the implementation of the section
404 requirements.\20\
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    \20\ See SEC Press Release 2006-75 (May 17, 2006), ``SEC
Announces Next Steps for Sarbanes-Oxley Implementation'' at http://www.sec.gov/news/press/2006/2006-75.htm
 and PCAOB News Release

entitled ``Board Announces Four-Point Plan to Improve Implementation
of Internal Control Reporting Requirements'' at http://www.pcaobus.org/News_and_Events/News/2006/05-17aspx
.

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    These actions include:
     Revisions to Auditing Standard No. 2;
     Issuance of a Concept Release soliciting comment on a
variety of issues that might be included in future Commission guidance
for management to assist in its performance of a top-down, risk-based
assessment of internal control over financial reporting;
     Reinforcement of auditor efficiency through PCAOB
inspections;
     Development, or facilitation of development, of
implementation guidance for auditors of smaller public companies; and
     Continuation of PCAOB forums on auditing in the small
business environment.
    Although the first three initiatives will affect all Exchange Act
reporting companies subject to the section 404 internal control
requirements, including accelerated and large accelerated domestic
filers and their registered public accounting firms that already have
been complying with these requirements for two years, as well as large
accelerated foreign private issuers and their auditors, we expect that
smaller foreign private issuers likely will face greater challenges
than these larger filers as they prepare to comply with the internal
control reporting requirements.

    Second, on April 23, 2006, the SEC's Advisory Committee on Smaller
Public Companies submitted its final report to the Commission.\21\ The
final report includes recommendations designed to address the potential
impact of the internal control reporting requirements on smaller public
companies. Specifically, the Advisory Committee recommends that certain
smaller public companies be exempted from the management report
requirement and from external auditor involvement in the section 404
process under certain circumstances unless and until a framework for
assessing internal control over financial reporting is developed that
recognizes the characteristics and needs of these companies.
---------------------------------------------------------------------------

    \21\ See Final Report of the Advisory Committee on Smaller
Public Companies to the United States Securities and Exchange
Commission (April 23, 2006), available at http://www.sec.gov/info/smallbus/acspc.shtml
.

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    Third, on May 10, 2006, the Commission and PCAOB sponsored a
roundtable to elicit feedback from companies, their auditors, board
members, investors, and others regarding their experiences during the
accelerated filers' second year of compliance with the internal control
over financial reporting requirements. Several of the comments provided
at, and in connection with, the roundtable expressed support for
revisions to the PCAOB's Auditing Standard No. 2.\22\
---------------------------------------------------------------------------

    \22\ See, for example, letters from the Biotech Industry
Association, American Electronics Association, Emerson Electric
Institute, U.S. Chamber of Commerce and Joseph A. Grundfest. These
letters are available in File No. 4-511, at http://www.sec.gov/news/press/4-511.shtml
.

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    Apart from these developments, solicitation of public comment
regarding extension of the compliance date is impractical given that
the current compliance date requires management of foreign private
issuers that are accelerated filers to assess internal control over
financial reporting at the end of the first fiscal year ending on or
after July 15, 2006. We anticipate that these issuers and their
investors would be unlikely to derive any meaningful benefit from an
extension that is granted several months from now as the issuers'
registered public accounting firms likely would have completed
substantial work on their internal control audits by then, and the
issuers would have incurred fees for the work already completed by the
auditor. We recognize that some of the foreign private issuers
qualifying for this extension may already be at such an advanced stage
of preparation for compliance with the internal control reporting
requirements, including the audit report requirement, that they may
choose to include both the management and audit report in the annual
report they file for their first fiscal year ending on or after July
15, 2006.
    Another reason for the extension is that it will enable management
of these foreign private issuers to begin the process of reviewing and
evaluating the effectiveness of internal control over financial
reporting a year before the initial audit of such effectiveness but
will still permit investors to begin to see and evaluate the results of
these initial efforts. Management will not have to devote time and
resources to assisting the auditor with its audit of internal control
over financial reporting and can use the first year of compliance as an
opportunity to more gradually prepare for compliance with the audit
portion of the requirements in the second year. We believe that this
will reduce the first year cost of compliance. The extension also
should enable foreign private issuers that are accelerated filers to
benefit from the learning and efficiencies gained by the auditing firms
as a result of their previous experience auditing the large accelerated
foreign private issuers' compliance with the section 404 requirements.
    While acknowledging the potential risks that could stem from a lack
of required auditor involvement in the first year of the internal
control assessment process, a more gradual transition to full
compliance ultimately should make implementation of the internal
control over financial reporting requirements more effective.
Consequently, this will benefit investors and improve confidence in the
reliability of the disclosure made by these companies about their
internal control over financial reporting.
    As a result of the extension, these foreign private issuers will
not have to incur the cost of the internal control audit during the
first compliance year. Furthermore, we have learned from public
comments, including our roundtables on implementation of the internal
control reporting provisions,\23\ that while many companies incur
increased internal costs in the first year of compliance due to
``deferred maintenance'' items (e.g., documentation, remediation,
etc.), these costs may decrease in the second year. Therefore,
postponing the audit costs until the second year would help smooth the
significant cost spike that has been experienced by many accelerated
filers in their first year of compliance. A competitive or cost impact
could result from the differing treatment of accelerated foreign
private issuers that are the subject of the actions that we are taking
today and large accelerated foreign private issuers that are not
affected by these actions.
---------------------------------------------------------------------------

    \23\ Materials related to the Commission's 2005 Roundtable
Discussion on Implementation of Internal Control Reporting
Provisions and 2006 Roundtable on Second-year Experiences with
Internal Control Reporting and Auditing Provisions, including the
archived roundtable broadcasts, are available at http://www.sec.gov/spotlight/soxcomp.htm
.

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    Finally, four commenters on the Commission's pending proposals
regarding termination of a foreign private issuer's registration of a
class of securities under Exchange Act section 12(g) and duty to file
periodic reports \24\ requested that the Commission extend the
compliance dates for the section 404 requirements. The extension of
compliance dates announced in this release will provide foreign private
issuers (other than large accelerated filers) with the opportunity to
determine whether they meet any revised deregistration criteria that
the Commission determines to adopt before having to implement steps
toward providing an auditor attestation report on internal control over
financial reporting.\25\ We have been considering all of the public
comments on the deregistration proposals and expect to take further
action on them by early fall of this year.
---------------------------------------------------------------------------

    \24\ Rel. No. 34-53020 (December 23, 2005) [70 FR 77688].
    \25\ See Letters from the American Bar Association, Section of
Business Law, Committee on Federal Regulation of Securities at pp.
6-7, Cleary Gottlieb Steen & Hamilton LLP at p. 19, the European
Association for Listed Companies and 16 other European industry
association signatories at p. 6 and the European Commission at p.
10, at http://www.sec.gov/rules/proposal/s71205.shtml.

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Statutory Authority and Text of the Rule Amendments

    We are adopting the amendments described in this release pursuant
to sections 12, 13, 15 and 23 of the Exchange Act.

List of Subjects

17 CFR Part 210

    Accountants, Accounting, Reporting and recordkeeping requirements,
Securities.

17 CFR Part 249

    Reporting and recordkeeping requirements, Securities.

Text of Amendments

0
For the reasons set forth above, we are amending title 17, chapter II,
of the Code of Federal Regulations as follows:

PART 210--FORM AND CONTENT OF AND REQUIREMENTS FOR FINANCIAL
STATEMENTS, SECURITIES ACT OF 1933, SECURITIES EXCHANGE ACT OF
1934, PUBLIC UTILITY HOLDING COMPANY ACT OF 1935, INVESTMENT
COMPANY ACT OF 1940, INVESTMENT ADVISERS ACT OF 1940, AND ENERGY
POLICY AND CONSERVATION ACT OF 1975

0
1. The authority citation for part 210 continues to read, in part, as
follows:

    Authority: 15 U.S.C. 77f, 77g, 77h, 77j, 77s, 77z-2, 77z-3,
77aa(25), 77aa(26), 78c, 78j-1, 78l, 78m, 78n, 78o(d), 78q, 78u-5,
78w(a), 78ll, 78mm, 79e(b), 79k(a), 79n, 79t(a), 80a-8, 80a-20, 80a-
29, 80a-30, 80a-31, 80a-37(a), 80b-3, 80b-11, 7202 and 7262, unless
otherwise noted.

0
2. Section 210.2-02T is added after Sec.  210.2-02 to read as follows:

Sec.  210.2-02T  Accountants' reports and attestation reports on
management's assessment of internal control over financial reporting.

    (a) The requirements of section 210.2-02(f) shall not apply to a
registered public accounting firm that issues or prepares an
accountant's report that is included in an annual report on Form 20-F
or 40-F (Sec.  249.220f or 249.240f of this chapter) filed by a foreign
private issuer that is an accelerated filer, as that term is defined in
Sec.  240.12b-2 of this chapter, for a fiscal year ending on or after
July 15, 2006 but before July 15, 2007.
    (b) This temporary section will expire on December 31, 2007.

PART 249--FORMS, SECURITIES EXCHANGE ACT OF 1934

0
3. The authority citation for part 249 continues to read, in part, as
follows:

    Authority: 15 U.S.C. 78a et seq. and 7201 et seq.; and 18 U.S.C.
1350, unless otherwise noted.
* * * * *

0
4. Form 20-F (referenced in Sec.  249.220f), Part II, is amended by
adding Item 15T after Item 15 to read as follows.

    Note: The text of Form 20-F does not, and this amendment will
not, appear in the Code of Federal Regulations.

FORM 20-F

* * * * *

PART II

* * * * *

Item 15T. Controls and Procedures

    Note to Item 15T: This is a special temporary section that applies
instead of Item 15 only to an issuer that is an ``accelerated filer,''
but not a ``large accelerated filer,'' as those terms are defined in
Sec.  240.12b-2 of this chapter, and only with respect to an annual
report that the issuer is required to file for a fiscal year ending on
or after July 15, 2006 but before July 15, 2007.
    (a) Disclosure Controls and Procedures. Where the Form is being
used as an annual report filed under section 13(a) or 15(d) of the
Exchange Act, disclose the conclusions of the issuer's principal
executive and principal financial officers, or persons performing
similar functions, regarding the effectiveness of the issuer's
disclosure controls and procedures (as defined in 17 CFR 240.13a-15(e)
or 240.15d-15(e)) as of the end of the period covered by the report,
based on the evaluation of these controls and procedures required by
paragraph (b) of 17 CFR 240.13a-15 or 240.15d-15.
    (b) Management's annual report on internal control over financial
reporting. Where the Form is being used as an annual report filed under
section 13(a) or 15(d) of the Exchange Act, provide a report of
management on the issuer's internal control over financial reporting
(as defined in Sec.  240.13a-15(f) or 240.15d-15(f) of this chapter).
The report must contain:
    (1) A statement of management's responsibility for establishing and
maintaining adequate internal control over financial reporting for the
issuer;
    (2) A statement identifying the framework used by management to
evaluate the effectiveness of the issuer's internal control over
financial reporting as required by paragraph (c) of Sec.  240.13a-15 or
240.15d-15 of this chapter; and
    (3) Management's assessment of the effectiveness of the issuer's
internal control over financial reporting as of the end of the issuer's
most recent fiscal year, including a statement as to whether or not
internal control over financial reporting is effective. This discussion
must include disclosure of any material weakness in the issuer's
internal control over financial reporting identified by management.
Management is not permitted to conclude that the issuer's internal
control over financial reporting is effective if there are one or more
material weaknesses in the issuer's internal control over financial
reporting.
    (c) Changes in internal control over financial reporting. Disclose
any change in the issuer's internal control over financial reporting
identified in connection with the evaluation required by paragraph (d)
of Sec.  240.13a-15 or 240.15d-15 of this chapter that occurred during
the period covered by the annual report that has materially affected,
or is reasonably likely to materially affect, the issuer's internal
control over financial reporting.
Instruction to Item 15T
    The registrant must maintain evidential matter, including
documentation to provide reasonable support for management's assessment
of the effectiveness of the issuer's internal control over financial
reporting.
    (d) This temporary Item 15T, and accompanying note and
instructions, will expire on December 31, 2007.
* * * * *

0
5. Form 40-F (referenced in Sec.  249.240f) is amended by revising
``Instruction to paragraphs (b), (c), (d) and (e) of General
Instruction B.(6)'' as follows:
0
a. adding an ``s'' to the word ``Instruction'' in the descriptive
heading of the Instructions to paragraphs (b), (c), (d) and (e) of
General Instruction B(6).
0
b. adding Instruction 2T.
    The addition reads as follows:

    Note: The text of Form 40-F does not, and this amendment will
not, appear in the Code of Federal Regulations.

FORM 40-F

* * * * *

GENERAL INSTRUCTIONS

* * * * *

B. Information To Be Filed on This Form

* * * * *
    (6) * * *
* * * * *
    2T. Paragraph (d) of this General Instruction B.6 does not apply to
an issuer that is an ``accelerated filer,'' but not a ``large
accelerated filer,'' as those terms are defined in Rule 12b-2 of this
chapter, with respect to an annual report that the issuer is required
to file for a fiscal year ending on or after July 15, 2006 but before
July 15, 2007.
    This temporary Instruction 2T will expire on December 31, 2007.
* * * * *

    Dated: August 9, 2006.

    By the Commission.
Nancy M. Morris,
Secretary.
[FR Doc. E6-13289 Filed 8-14-06; 8:45 am]

BILLING CODE 8010-01-P