[Federal Register: September 19, 2006 (Volume 71, Number 181)]
[Notices]
[Page 54850-54852]
[DOCID:fr19se06-72]

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

SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 27480; 812-13230]

Marshall Funds, Inc. and M&I Investment Management Corp.; Notice
of Application

September 13, 2006.
AGENCY: Securities and Exchange Commission.

ACTION: Notice of an application under section 6(c) of the Investment
Company Act of 1940 (``Act'') for an exemption from section 15(a) of
the Act and rule 18f-2 under the Act, as well as certain disclosure
requirements.

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

    Summary of Application: Applicants request an order that would
permit them to enter into and materially amend subadvisory agreements
without shareholder approval and would grant relief from certain
disclosure requirements.
    Applicants: Marshall Funds, Inc. (the ``Company'') and M&I
Investment Management Corp. (the ``Adviser'').
    Filing Dates: The application was filed on August 30, 2005, and
amended on September 8, 2006.
    Hearing or Notification of Hearing: An order granting the
application will be issued unless the Commission orders a hearing.
Interested persons may request a hearing by writing to the Commission's
Secretary and serving applicants with a copy of the request, personally
or by mail. Hearing requests should be received by the Commission by
5:30 p.m. on October 10, 2006, and should be accompanied by proof of
service on the applicants, in the form of an affidavit or, for lawyers,
a certificate of service. Hearing requests should state the nature of
the writer's interest, the reason for the request, and the issues
contested. Persons may request notification of a hearing by writing to
the Commission's Secretary.

ADDRESSES: Secretary, Securities and Exchange Commission, 100 F Street,
NE., Washington, DC 20549-1090. Applicants, 1000 North Water Street,
Milwaukee, WI 53202.

FOR FURTHER INFORMATION CONTACT: Courtney S. Thornton, Senior Counsel,
at<PHONE_NUMBER>, or Nadya B. Roytblat, Assistant Director, at (202)
551-6821 (Division of Investment Management, Office of Investment
Company Regulation).

SUPPLEMENTARY INFORMATION: The following is a summary of the
application. The complete application may be obtained for a fee at the
Commission's Public Reference Branch, 100 F Street, NE., Washington, DC
20549-0102 (tel.<PHONE_NUMBER>).

Applicants' Representations

    1. The Company, a Wisconsin corporation, is registered under the
Act as an open-end management investment company. The Company currently
is comprised of thirteen series (each a ``Fund'' and collectively, the
``Funds''), each with a separate investment objective, policy and
restrictions.\1\ The Adviser is registered as an investment adviser
under the Investment Advisers Act of 1940 (``Advisers Act'') and serves
as investment adviser to the Funds pursuant to an investment advisory
agreement (``Advisory Agreement'') with the Company. The Advisory
Agreement has been approved by the Company's board of directors (the
``Board''), including a majority of the directors who are not
``interested persons,'' as defined in section 2(a)(19) of the Act, of
the Company or the Adviser (``Independent Directors''), as well as by
the shareholders of each Fund.
---------------------------------------------------------------------------

    \1\ Applicants also request relief with respect to future series
of the Company and any other existing or future registered open-end
management investment company or series thereof that: (a) is advised
by the Adviser or a person controlling, controlled by, or under
common control with the Adviser or its successors; (b) uses the
management structure described in the application; and (c) complies
with the terms and conditions of the application (included in the
term ``Funds''). For purposes of the requested order, ``successor''
is limited to an entity or entities that result from a
reorganization into another jurisdiction or a change in the type of
business organization. The only existing registered open-end
management investment company that currently intends to rely on the
requested order is named as an applicant. If the name of any Fund
contains the name of a Subadviser (as defined below), the name of
the Adviser or the name of the entity controlling, controlled by, or
under common control with the Adviser that serves as the primary
adviser to the Fund will precede the name of the Subadviser.
---------------------------------------------------------------------------

    2. Under the terms of the Advisory Agreement, the Adviser provides
the Funds with overall investment management services, supervises the
investment program for each Fund, and has the authority, subject to the
approval of the Board and Fund shareholders, to enter into investment
subadvisory agreements (``Subadvisory Agreements'') with one or more
subadvisers (``Subadvisers''). The Adviser has entered into Subadvisory
Agreements with two Subadvisers to provide investment advisory services
to one Fund and in the future may enter into Subadvisory Agreements on
behalf of other Funds. Each Subadviser is registered under the Advisers
Act. The Adviser monitors and evaluates the Subadvisers and recommends
to the Board their hiring, retention or termination. Subadvisers
recommended to the Board by the Adviser are selected and approved by
the Board, including a majority of the Independent Directors. Each
Subadviser has discretionary authority to invest the assets or a
portion of the assets of a particular Fund. The Adviser compensates
each Subadviser out of the fees paid to the Adviser under the Advisory
Agreement.
    3. Applicants request an order to permit the Adviser, subject to
Board approval, to enter into and materially amend Subadvisory
Agreements without obtaining shareholder approval. The requested relief
will not extend to any Subadviser that is an affiliated person, as
defined in section 2(a)(3) of the Act, of the Company or of the
Adviser, other than by reason of serving as a Subadviser to one or more
of the Funds (``Affiliated Sub-Adviser'').
    4. Applicants also request an exemption from the various disclosure
provisions described below that may require a Fund to disclose fees
paid by the Adviser to each Subadviser. An exemption is requested to
permit the Company to disclose for each Fund (as both a dollar amount
and as a percentage of each Fund's net assets): (a) the aggregate fees
paid to the Adviser and any Affiliated Subadvisers; and (b) the
aggregate fees paid to Subadvisers other than Affiliated Subadvisers
(``Aggregate Fee Disclosure''). For any Fund that employs an Affiliated
Subadviser, the Fund will provide separate disclosure of any fees paid
to the Affiliated Subadviser.

Applicants' Legal Analysis

    1. Section 15(a) of the Act provides, in relevant part, that it is
unlawful for any person to act as an investment adviser to a registered
investment company except under a written contract that has been
approved by the vote of a majority of the company's outstanding voting
securities. Rule 18f-2 under the Act provides that each series or class
of stock in a series company affected by a matter must approve such
matter if the Act requires shareholder approval.
    2. Form N-1A is the registration statement used by open-end
investment companies. Item 14(a)(3) of Form N-1A requires disclosure of
the method and amount of the investment adviser's compensation.
    3. Rule 20a-1 under the Act requires proxies solicited with respect
to an

investment company to comply with Schedule 14A under the Securities
Exchange Act of 1934 (``1934 Act''). Items 22(c)(1)(ii), 22(c)(1)(iii),
22(c)(8) and 22(c)(9) of Schedule 14A, taken together, require a proxy
statement for a shareholder meeting at which the advisory contract will
be voted upon to include the ``rate of compensation of the investment
adviser,'' the ``aggregate amount of the investment adviser's fees,'' a
description of the ``terms of the contract to be acted upon,'' and, if
a change in the advisory fee is proposed, the existing and proposed
fees and the difference between the two fees.
    4. Form N-SAR is the semi-annual report filed with the Commission
by registered investment companies. Item 48 of Form N-SAR requires
investment companies to disclose the rate schedule for fees paid to
their investment advisers, including the Subadvisers.
    5. Regulation S-X sets forth the requirements for financial
statements required to be included as part of investment company
registration statements and shareholder reports filed with the
Commission. Sections 6-07(2)(a), (b), and (c) of Regulation S-X require
that investment companies include in their financial statements
information about investment advisory fees.
    6. Section 6(c) of the Act provides that the Commission may exempt
any person, security, or transaction or any class or classes of
persons, securities, or transactions from any provisions of the Act, or
from any rule thereunder, if such exemption is necessary or appropriate
in the public interest and consistent with the protection of investors
and the purposes fairly intended by the policy and provisions of the
Act. Applicants state that their requested relief meets this standard
for the reasons discussed below.
    7. Applicants assert that the shareholders are relying on the
Adviser's experience to select one or more Subadvisers best suited to
achieve a Fund's investment objectives. Applicants assert that, from
the perspective of the investor, the role of the Subadvisers is
comparable to that of the individual portfolio managers employed by
traditional investment company advisory firms. Applicants state that
requiring shareholder approval of each Subadvisory Agreement would
impose costs and unnecessary delays on the Funds, and may preclude the
Adviser from acting promptly in a manner considered advisable by the
Board. Applicants note that the Advisory Agreement and any Subadvisory
Agreement with an Affiliated Subadviser will remain subject to section
15(a) of the Act and rule 18f-2 under the Act.
    8. Applicants assert that some Subadvisers use a ``posted'' rate
schedule to set their fees. Applicants state that while Subadvisers are
willing to negotiate fees that are lower than those posted on the
schedule, they are reluctant to do so where the fees are disclosed to
other prospective and existing customers. Applicants submit that the
requested relief will encourage potential Subadvisers to negotiate
lower subadvisory fees with the Adviser.

Applicants' Conditions

    Applicants agree that any order granting the requested relief will
be subject to the following conditions:
    1. Before a Fund may rely on the order requested in the
application, the operation of the Fund in the manner described in the
application will be approved by a majority of the Fund's outstanding
voting securities, as defined in the Act, or, in the case of a Fund
whose public shareholders purchase shares on the basis of a prospectus
containing the disclosure contemplated by condition 2 below, by the
sole initial shareholder before offering the Fund's shares to the
public.
    2. The prospectus for each Fund will disclose the existence,
substance, and effect of any order granted pursuant to the application.
Each Fund will hold itself out to the public as employing the
management structure described in the application. The prospectus will
prominently disclose that the Adviser has ultimate responsibility
(subject to oversight by the Board) to oversee the Subadvisers and
recommend their hiring, termination, and replacement.
    3. Within 90 days of the hiring of any new Subadviser, the affected
Fund shareholders will be furnished all information about the new
Subadviser that would be included in a proxy statement, except as
modified to permit Aggregate Fee Disclosure. This information will
include Aggregate Fee Disclosure and any change in such disclosure
caused by the addition of the new Subadviser. To meet this obligation,
the Fund will provide shareholders within 90 days of the hiring of a
new Subadviser with an information statement meeting the requirements
of Regulation 14C, Schedule 14C, and Item 22 of Schedule 14A under the
1934 Act, except as modified by the order to permit Aggregate Fee
Disclosure.
    4. The Adviser will not enter into a Subadvisory Agreement with any
Affiliated Subadviser without that agreement, including the
compensation to be paid thereunder, being approved by the shareholders
of the applicable Fund.
    5. At all times, at least a majority of the Board will be
Independent Directors, and the nomination of new or additional
Independent Directors will be placed within the discretion of the then-
existing Independent Directors.
    6. When a Subadviser change is proposed for a Fund with an
Affiliated Subadviser, the Board, including a majority of the
Independent Directors, will make a separate finding, reflected in the
applicable Board minutes, that such change is in the best interests of
the Fund and its shareholders and does not involve a conflict of
interest from which the Adviser or the Affiliated Subadviser derives an
inappropriate advantage.
    7. Independent counsel, as defined in rule 0-1(a)(6) under the Act,
will be engaged to represent the Independent Directors. The selection
of such counsel will be within the discretion of the then existing
Independent Directors.
    8. The Adviser will provide the Board, no less frequently than
quarterly, with information about the profitability of the Adviser on a
per-Fund basis. The information will reflect the impact on
profitability of the hiring or termination of any Subadviser during the
applicable quarter.
    9. Whenever a Subadviser is hired or terminated, the Adviser will
provide the Board with information showing the expected impact on the
profitability of the Adviser.
    10. The Adviser will provide general management services to each
Fund, including overall supervisory responsibility for the general
management and investment of the Fund's assets, and, subject to review
and approval of the Board, will: (a) Set each Fund's overall investment
strategies; (b) evaluate, select and recommend Subadvisers to manage
all or a part of a Fund's assets; (c) when appropriate, allocate and
reallocate a Fund's assets among multiple Subadvisers; (d) monitor and
evaluate the performance of Subadvisers; and (e) implement procedures
reasonably designed to ensure that the Subadvisers comply with each
Fund's investment objective, policies and restrictions.
    11. No director or officer of the Company, or director or officer
of the Adviser, will own directly or indirectly (other than through a
pooled investment vehicle that is not controlled by such person), any
interest in a Subadviser, except for: (a) Ownership of interests in the
Adviser or any entity that controls, is controlled by, or is under
common control with the Adviser; or (b) ownership of less than 1% of
the

outstanding securities of any class of equity or debt of a publicly
traded company that is either a Subadviser or an entity that controls,
is controlled by, or is under common control with a Subadviser.
    12. Each Fund will disclose in its registration statement the
Aggregate Fee Disclosure.
    13. The requested order will expire on the effective date of rule
15a-5 under the Act, if adopted.

    For the Commission, by the Division of Investment Management,
under delegated authority.
Nancy M. Morris,
Secretary.
 [FR Doc. E6-15513 Filed 9-18-06; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 77, Number 35 (Wednesday, February 22, 2012)]
[Proposed Rules]
[Pages 10406-10408]
[FR Doc No: 2012-4162]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0147; Directorate Identifier 2011-NM-067-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to supersede an existing airworthiness directive
(AD) that applies to certain The Boeing Company Model 767-200 and -300
series airplanes. The existing AD requires replacement of the existing
deactivation pin, aft cascade pin bushing, and pin insert on each
thrust reverser half with new, improved components. Since we issued
that AD, we received reports that certain airplanes require
installation of a new bushing and deactivation pin with increased load
carrying capability and all airplanes powered by Pratt & Whitney JT9D
series engines require installation of a new bracket for stowing the
deactivation pin. This proposed AD would add a dye penetrant inspection
for cracking of the rivet holes of the bushing plate and repair or
replacement, if necessary. For certain airplanes, this proposed AD
would require replacing the existing bushing with a new bushing and
deactivation pin; and installing a new or serviceable stowage bracket
for the deactivation pins on all airplanes powered by Pratt & Whitney
JT9D series engines. We are proposing this AD to prevent failure of the
thrust reverser deactivation pins, which could fail to prevent a
deployment of a deactivated thrust reverser in flight and consequent
reduced controllability of the airplane.

DATES: We must receive comments on this proposed AD by April 9, 2012.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact Boeing
Commercial Airplanes, Attention: Data & Services Management, P.O. Box
3707, MC 2H-65, Seattle, Washington 98124-2207; telephone<PHONE_NUMBER>,
extension 1; fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>Internet
https://www.myboeingfleet.com. You may review copies of the referenced
service information at the FAA, Transport Airplane Directorate, 1601
Lind Avenue SW., Renton, Washington. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Office (phone:<PHONE_NUMBER>) is in the ADDRESSES
section. Comments will be available in the AD docket shortly after
receipt.

FOR FURTHER INFORMATION CONTACT: Rebel Nichols, Aerospace Engineer,
Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification Office
(ACO), 1601 Lind Avenue SW., Renton, Washington 98057-3356; phone: 425-
917-6509; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2012-0147;
Directorate Identifier 2011-NM-067-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    On September 19, 2002, we issued AD 2002-19-11, Amendment 39-12891
(67 FR 61478, October 1, 2002), for certain Model 767-200 and -300
series airplanes powered by Pratt & Whitney JT9D series engines. The
existing AD requires replacement of the existing deactivation pin, aft
cascade pin bushing, and pin insert on each thrust reverser half, with
new, improved components. The existing AD resulted from reports that
the pin insert for the deactivation pin was not able to withstand the
load of a powered deployment and could fail on some airplanes. We
issued that AD to prevent failure of the thrust reverser deactivation
pins, which could fail to

prevent a deployment of a deactivated thrust reverser in flight and
consequent reduced controllability of the airplane.

Actions Since Existing AD Was Issued

    Since we issued AD 2002-19-11, Amendment 39-12891 (67 FR 61478,
October 1, 2002), we received reports indicating that certain airplanes
require installation of a new bushing and pin with increased load
carrying capability, and all airplanes powered by Pratt & Whitney JT9D
series engines require installation of a new bracket for stowing the
deactivation pin. Specifically, we have been advised that the part
number (P/N) 315T3222-3 bushing could not be replaced by the P/N
315T3222-10 bushing due to inadequate edge margin on the early thrust
reverser configuration.

Relevant Service Information

    AD 2002-19-11, Amendment 39-12891 (67 FR 61478, October 1, 2002),
refers to Boeing Alert Service Bulletin 767-78A0089, Revision 1, dated
May 30, 2002, as the appropriate source of service information for the
required actions. Boeing has since revised this service information. We
reviewed Boeing Alert Service Bulletin 767-78A0089, Revision 5, dated
June 9, 2009, which identifies additional work that needs to be
performed on specifically configured Group 2 airplanes for doing a dye
penetrant inspection for cracking of the rivet holes of the bushing
plate; repair or replacement of the bushing plate with a new or
serviceable bushing plate if necessary; and replacing any existing P/N
315T3222-3 or P/N 315T3222-10 bushing and deactivation pin with a new
P/N 315T3221-1 bushing and new P/N 315T1604-6 deactivation pin to
provide adequate edge margin. Boeing Alert Service Bulletin 767-
78A0089, Revision 5, dated June 9, 2009, also identifies additional
work for installing a new or serviceable stowage bracket for the
deactivation pins on all airplanes powered by Pratt & Whitney JT9D
series engines.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of these same type
designs.

Proposed AD Requirements

    This proposed AD would retain all requirements of AD 2002-19-11,
Amendment 39-12891 (67 FR 61478, October 1, 2002). This proposed AD
would also require accomplishing the actions specified in the service
information described previously.

Change to Existing AD

    Since AD 2002-19-11, Amendment 39-12891 (67 FR 61478, October 1,
2002), was issued, the AD format has been revised, and certain
paragraphs have been rearranged. As a result, paragraphs (a) and (b) of
AD 2002-19-11 Amendment 39-12891 (67 FR 61478, October 1, 2002), have
been re-identified as paragraphs (g) and (h) in this proposed AD.

Costs of Compliance

    We estimate that this proposed AD affects 23 airplanes of U.S.
registry. We estimate the following costs to comply with this proposed
AD:

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Number of U.S.
                     Action                                   Labor cost                 Parts cost        Cost per        registered      Cost on U.S.
                                                                                product         airplanes        operators
--------------------------------------------------------------------------------------------------------------------------------------------------------
Replace deactivation pin, pin bushing, and pin    12 work-hours x $85 per hour =              $12,108          $13,128               23         $301,944
 insert (retained actions from existing AD 2002-   $1,020 per inspection cycle.
 19-11, Amendment 39[dash]12891 (67 FR 61478,
 October 1, 2002).
Group 1: Install stowage bracket for              17 work-hours x $85 per hour =               14,644           16,089               16          257,424
 deactivation pin (new proposed action).           $1,445.
Group 2: Replace bushing and deactivation pin     17 work-hours x $85 per hour =               19,972           21,417                7          149,919
 and install stowage bracket for thrust reverser   $1,445.
 deactivation pin (new proposed action).
--------------------------------------------------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide
cost estimates for the on-condition actions (repair or replacement of
bushing plate) specified in this proposed AD.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by removing airworthiness directive
(AD) 2002-19-11, Amendment 39-12891 (67 FR 61478, October 1, 2002), and
adding the following new AD:

The Boeing Company: Docket No. FAA-2012-0147; Directorate Identifier
2011-NM-067-AD.

 (a) Comments Due Date

    The FAA must receive comments on this AD action by April 9,
2012.

(b) Affected ADs

    This AD supersedes AD 2002-19-11, Amendment 39-12891 (67 FR
61478, October 1, 2002).

(c) Applicability

    This AD applies to The Boeing Company Model 767-200 and -300
series airplanes, certificated in any category; as identified in
Boeing Alert Service Bulletin 767-78A0089, Revision 5, dated June 9,
2009.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 7830, Thrust Reverser.

(e) Unsafe Condition

    This AD was prompted by reports that certain airplanes require
installation of a new bushing and deactivation pin with increased
load carrying capability and all airplanes powered by Pratt &
Whitney JT9D series engines require installation of a new bracket
for stowing the deactivation pin. We are issuing this AD to prevent
failure of the thrust reverser deactivation pins, which could fail
to prevent a deployment of a deactivated thrust reverser in flight
and consequent reduced controllability of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

Restatement of Requirements of AD 2002-19-11, Amendment 39-12891 (67 FR
61478, October 1, 2002), With Revised Service Information

(g) Replacement of Deactivation Pin, Pin Bushing, and Pin Insert

    Within 24 months after November 5, 2002 (the effective date of
AD 2002-19-11, Amendment 39-12891 (67 FR 61478, October 1, 2002)),
replace the existing deactivation pin, pin bushing in the aft
cascade mounting ring, and pin insert on each thrust reverser half,
with new, improved components, in accordance with Boeing Alert
Service Bulletin 767-78A0089, Revision 1, dated May 30, 2002; or
Boeing Alert Service Bulletin 767-78A0089, Revision 5, dated June 9,
2009. After the effective date of this AD, only Boeing Alert Service
Bulletin 767-78A0089, Revision 5, dated June 9, 2009, may be used.

    Note to paragraph (g): The new, improved insert flange and pin
bushing does not physically preclude use of a deactivation pin
having P/N 315T1604-2 or -5. However, use of deactivation pins
having P/N 315T1604-2 or -5 may not prevent the thrust reversers
from deploying in the event of a full powered deployment. Therefore,
thrust reversers modified per AD 2002-19-11, Amendment 39-12891 (67
FR 61478, October 1, 2002), are required to be installed with the
new, longer deactivation pins having P/N 315T1604-6, as specified in
Boeing Alert Service Bulletin 767-78A0089, Revision 1, dated May 30,
2002, or Boeing Alert Service Bulletin 767-78A0089, Revision 5,
dated June 9, 2009. After the effective date of this AD, only Boeing
Alert Service Bulletin 767-78A0089, Revision 5, dated June 9, 2009,
may be used.

New Requirements of This AD

(h) Inspection, Bushing and Pin Replacement, and Installation of
Stowage Bracket

    Within 24 months after the effective date of this AD, do the
applicable actions specified in paragraphs (h)(1) and (h)(2) of this
AD.
    (1) For Group 2 airplanes as identified in Boeing Alert Service
Bulletin 767-78A0089, Revision 5, dated June 9, 2009, do a dye
penetrant inspection for cracking of the rivet holes and replace any
P/N 315T3222-3 or P/N 315T3222-10 bushing and deactivation pin with
a new or serviceable P/N 315T3221-1 bushing and new P/N 315T1604-6
deactivation pin, in accordance with the Accomplishment Instructions
of Boeing Alert Service Bulletin 767-78A0089, Revision 5, dated June
9, 2009. If any crack is found in the rivet holes of the bushing
plate, before further flight, repair or replace the bushing plate
with a new or serviceable bushing plate, as applicable, using a
method approved in accordance with the procedures specified in
paragraph (j) of this AD.
    (2) For both Group 1 and Group 2 airplanes, as identified in
Boeing Alert Service Bulletin 767-78A0089, Revision 5, dated June 9,
2009, install a new or serviceable stowage bracket assembly (P/N
015T0196-4 for the right thrust reverser, P/N 015T0196-5 for the
left thrust reverser), in accordance with the Accomplishment
Instructions of Boeing Alert Service Bulletin 767-78A0089, Revision
5, dated June 9, 2009.

(i) Credit for Actions Accomplished in Accordance With Previous Service
Information

    Actions accomplished before the effective date of this AD in
accordance with Boeing Alert Service Bulletin 767-78A0089, Revision
2, dated March 13, 2003; Boeing Alert Service Bulletin 767-78A0089,
Revision 3, dated December 18, 2003; or Boeing Alert Service
Bulletin 767-78A0089, Revision 4, dated March 6, 2008; are
considered acceptable for compliance with the corresponding
requirements of paragraph (g) of this AD.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. In accordance with 14
CFR 39.19, send your request to your principal inspector or local
Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in the Related Information
section of this AD. Information may be emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) AMOCs approved for AD 2002-19-11, Amendment 39-12891 (67 FR
61478, October 1, 2002), are approved as AMOCs for the corresponding
provisions of paragraph (g) of this AD.

(k) Related Information

    (1) For more information about this AD, contact Rebel Nichols,
Aerospace Engineer, Propulsion Branch, ANM-140S, FAA, Seattle
Aircraft Certification Office (ACO), 1601 Lind Avenue SW., Renton,
Washington 98057-3356; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone
206-544-5000, extension 1; fax<PHONE_NUMBER>; email
<EMAIL_ADDRESS>Internet https://www.myboeingfleet.com. You
may review copies of the referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton,
Washington. For information on the availability of this material at
the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on February 10, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2012-4162 Filed 2-21-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 25 (Tuesday, February 9, 2021)]
[Rules and Regulations]
[Pages 8697-8699]
[FR Doc No: 2021-02583]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2020-0332; FRL-10017-26-Region 3]

Air Plan Approval; Pennsylvania; 1997 8-Hour Ozone National
Ambient Air Quality Standard (NAAQS) Second Maintenance Plan for the
Altoona (Blair County) Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving a state
implementation plan (SIP) revision submitted by the Commonwealth of
Pennsylvania. This revision pertains to the Commonwealth's plan,
submitted by the Pennsylvania Department of Environmental Protection
(PADEP), for maintaining the 1997 8-hour ozone national ambient air
quality standard (NAAQS) (referred to as the ``1997 ozone NAAQS'') in
the Altoona, Blair County, Pennsylvania area (Altoona Area). EPA is
approving these revisions to the Pennsylvania SIP in accordance with
the requirements of the Clean Air Act (CAA).

DATES: This final rule is effective on March 11, 2021.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2020-0332. All documents in the docket are listed on
the https://www.regulations.gov website. Although listed in the index,
some information is not publicly available, e.g., confidential business
information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy form. Publicly available docket materials are available through
https://www.regulations.gov, or please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section for additional availability
information.

FOR FURTHER INFORMATION CONTACT: David Talley, Planning &
Implementation Branch (3AD30), Air & Radiation Division, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. The telephone number is (215) 814-
2117. Mr. Talley can also be reached via electronic mail at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On September 3, 2020 (85 FR 54947), EPA published a notice of
proposed rulemaking (NPRM) for the Commonwealth of Pennsylvania. In the
NPRM, EPA proposed approval of Pennsylvania's plan for maintaining the
1997 ozone NAAQS in the Altoona Area through August 1, 2027, in
accordance with CAA section 175A. The formal SIP revision was submitted
by PADEP on February 27, 2020.

II. Summary of SIP Revision and EPA Analysis

    On August 1, 2007 (72 FR 41906 effective August 1, 2007), EPA
approved a redesignation request (and maintenance plan) from PADEP for
the Altoona Area. In accordance with section 175A(b), at the end of the
eighth year after the effective date of the redesignation, the state
must also submit a second maintenance plan to ensure ongoing
maintenance of the standard for an additional 10 years, and in South
Coast Air Quality Management District v. EPA,\1\ the D.C. Circuit held
that this requirement cannot be waived for areas, like Charleston, that
had been redesignated to attainment for the 1997 8-hour ozone NAAQS
prior to revocation and that were designated attainment for the 2008
ozone NAAQS. CAA section 175A sets forth the criteria for adequate
maintenance plans. In addition, EPA has published longstanding guidance
that provides further insight on the content of an approvable
maintenance plan, explaining that a maintenance plan should address
five elements: (1) An attainment emissions inventory; (2) a maintenance
demonstration; (3) a commitment for continued air quality monitoring;
(4) a process for verification of continued attainment; and (5) a
contingency plan.\2\ PADEP's February 27, 2020 submittal fulfills
Pennsylvania's obligation to submit a second maintenance plan and
addresses each of the five necessary elements.
---------------------------------------------------------------------------

    \1\ 882 F.3d 1138 (D.C. Cir. 2018).
    \2\ ``Procedures for Processing Requests to Redesignate Areas to
Attainment,'' Memorandum from John Calcagni, Director, Air Quality
Management Division, September 4, 1992 (Calcagni Memo).
---------------------------------------------------------------------------

    As discussed in the September 3, 2020 NPRM, EPA allows the
submittal of a less rigorous, limited maintenance plan (LMP) to meet
the CAA section 175A requirements by demonstrating that the area's
design value \3\ is well below the NAAQS and that the historical
stability of the area's air quality levels shows that the area is
unlikely to violate the NAAQS in the future. EPA evaluated PADEP's
February 27, 2020 submittal for consistency with all applicable EPA
guidance and CAA requirements. EPA found that the submittal met CAA
section 175A and all CAA requirements, and proposed approval of the LMP
for the Altoona Area as a revision to the Pennsylvania SIP. The effect
of this action makes certain commitments related to the maintenance of
the 1997 ozone NAAQS Federally enforceable as part of the Pennsylvania
SIP.
---------------------------------------------------------------------------

    \3\ The ozone design value for a monitoring site is the 3-year
average of the annual fourth-highest daily maximum 8-hour average
ozone concentrations. The design value for an ozone nonattainment
area is the highest design value of any monitoring site in the area.
---------------------------------------------------------------------------

    Subsequent to the publication of the September 3, 2020 NPRM, EPA
discovered a minor computational error in the data presented in Table
1: ``Typical Summer Day NOX and VOC Emissions for the
Altoona Area.'' While the data are correct, the total volatile organic
compounds (VOC) emissions were summed incorrectly in Table 1.

The correct total is 10.90 tons/day, not 11.90 tons/day as presented in
the table. See 85 FR 54948. However, since the actual data are correct,
and since the incorrect total over-reports rather than under-reports
the emissions, EPA believes this to be a harmless error which does not
impact the rationale in the NPRM for our approval of Pennsylvania's
submittal. Other specific requirements of PADEP's February 27, 2020
submittal and the rationale for EPA's proposed action are explained in
the NPRM and will not be restated here. No public comments were
received on the NPRM.

III. Final Action

    EPA is approving the 1997 8-hour ozone NAAQS limited maintenance
plan for the Altoona Area as a revision to the Pennsylvania SIP.

IV. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA 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 CAA. 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 Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because it is not a significant regulatory
action under Executive Order 12866.
     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 CAA; 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.

B. Submission to Congress and the Comptroller General

    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).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by April 12, 2021. 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 pertaining to Pennsylvania's second maintenance plan
for the Altoona Area 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, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: February 3, 2021.
Diana Esher,
Acting Regional Administrator, Region III.

    For the reasons stated in the preamble, the EPA amends 40 CFR part
52 as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart NN--Pennsylvania

0
2. In Sec.  52.2020, the table in paragraph (e)(1) is amended by adding
an entry for ``Second Maintenance Plan for the Altoona (Blair County)
1997 8-Hour Ozone Nonattainment Area'' at the end of the table to read
as follows:

Sec.  52.2020   Identification of plan.

* * * * *
    (e) * * *
    (1) * * *

----------------------------------------------------------------------------------------------------------------
                                                            State
    Name of non-regulatory SIP          Applicable        submittal     EPA approval date        Additional
             revision                 geographic area        date                                explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Second Maintenance Plan for the    Blair County........      2/27/20  2/9/21, [insert       ....................
 Altoona (Blair County) 1997 8-                                        Federal Register
 Hour Ozone Nonattainment Area.                                        citation].
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2021-02583 Filed 2-8-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: October 22, 2008 (Volume 73, Number 205)]
[Rules and Regulations]
[Page 62891-62893]
[DOCID:fr22oc08-14]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2006-0379; FRL-8732-3]

Approval and Promulgation of Air Quality Implementation Plans;
Commonwealth of Pennsylvania; Reasonably Available Control Technology
Requirements for Volatile Organic Compounds and Nitrogen Oxides

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: EPA is converting its limited approval of a State
Implementation Plan (SIP) revision submitted by the Commonwealth of
Pennsylvania consisting of regulations that require all major sources
of volatile organic compounds (VOC) and nitrogen oxides
(NOX) to implement reasonably available control technology
(RACT) to a full approval as they apply throughout the Commonwealth. In
prior final rules, EPA has fully approved Pennsylvania's VOC and
NOX RACT regulations for the Pennsylvania portion of the
Philadelphia-Wilmington-Trenton area, and for the Pittsburgh-Beaver
Valley area. The intended effect of this action is to convert EPA's
limited approval of Pennsylvania's VOC and NOX RACT
regulations to full approval as they apply throughout the remainder of
the Commonwealth. This action is being taken under the Clean Air Act
(CAA or the Act).

DATES: Effective Date: This final rule is effective on November 21,
2008.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2006-0379. All documents in the docket are listed in
the http://www.regulations.gov Web site. Although listed in the
electronic docket, some information is not publicly available, i.e.,
confidential business information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically through http://
www.regulations.gov or in hard copy for public inspection during normal
business hours at the Air Protection Division, U.S. Environmental
Protection Agency, Region III, 1650 Arch Street, Philadelphia,
Pennsylvania 19103. Copies of the State submittal are available at the
Pennsylvania Department of Environmental Resources, Bureau of Air
Quality Control, P.O. Box 8468, 400 Market Street, Harrisburg,
Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT: Marcia Spink,<PHONE_NUMBER>, or by e-
mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On February 4, 1994, the Pennsylvania Department of Environmental
Protection (DEP) submitted a revision to the Pennsylvania SIP,
consisting of 25 PA Code Chapters 129.91 through 129.95, to require
major sources of NOX and major sources of VOC emissions not
covered by a CTG (non-CTG sources) to implement RACT. The February 4,
1994 submittal was amended on May 3, 1994 to correct and clarify
certain presumptive NOX RACT requirements under Chapter
129.93. On March 23, 1998 (63 FR 13789), EPA granted conditional
limited approval of 25 PA Code Chapters 129.91 through 129.95, and
removed the conditional aspect of the approval on May 3, 2001 (66 FR
22123). On October 16, 2001 (66 FR 52533), EPA published a final
rulemaking for the Commonwealth removing the limited status of its
approval of 25 PA Code Chapters 129.91 through 129.95 as it applied in
the Pittsburgh-Beaver Valley ozone nonattainment area (Allegheny,
Armstrong, Beaver, Butler, Fayette, Washington, and Westmoreland
counties), because EPA had approved all of the case-by-case RACT
determinations submitted by DEP for affected major sources of
NOX and/or VOC sources located in the area. In so doing, EPA
converted its limited approval of 25 PA Code Chapters 129.91 through
129.95 to full approval as it applied to that area. That rulemaking
became effective on November 15, 2001. On October 30, 2001, (66 FR
54698), EPA published a final rulemaking for the Commonwealth removing
the limited status of its approval of 25 PA Code Chapters 129.91
through 129.95 as it applied in the Pennsylvania portion of the
Philadelphia-Wilmington-Trenton ozone nonattainment area (Bucks,
Chester, Delaware, Montgomery, and Philadelphia counties) because EPA
had approved all of the case-by-case RACT determinations submitted by
DEP for affected major sources of NOX and/or VOC sources
located in the area. In so doing, EPA converted its limited approval of
25 PA Code Chapters 129.91 through 129.95 to full approval as it
applied to that area. That rulemaking became effective on November 29,
2001.
    On August 26, 2008 (73 FR 50267), EPA published a notice of
proposed rulemaking (NPR) for the Commonwealth of Pennsylvania. The NPR
proposed to convert EPA's limited approval of 25 PA Code Chapters
129.91 through 129.95 to full approval as they apply throughout the
remainder of the Commonwealth. EPA is converting its limited approval
of Pennsylvania's VOC and NOX RACT regulations to full
approval because EPA has approved all of the case-by-case RACT
determinations that had been submitted by Pennsylvania such that there
are no longer any such submissions pending before EPA. No public
comments were received on the NPR.

II. Future Submissions of Case-by-Case RACT Determinations

    The DEP has submitted and EPA has approved as SIP revisions case-
by-case RACT determinations for nearly 600

non-CTG and NOX sources in Pennsylvania pursuant to
Pennsylvania regulations Chapters 129.91-129.95. (See 40 CFR 52.2020(d)
for the list of sources.) As stated previously, there are no source-
specific RACT determination submissions from DEP currently pending
before EPA. In the future, should DEP find it necessary to issue any
additional or revised source-specific RACT determinations in plan
approvals and/or permits pursuant to the fully approved Pennsylvania
regulations Chapters 129.91-95 of the Pennsylvania SIP, those RACT
determinations must still be submitted to EPA for approval as source-
specific SIP revisions. In order for EPA to consider such submissions
for approval, the DEP must ensure that:

A. The Sources Are Not Subject to Any Ctgs or Alternative Control
Techniques (Acts) Issued By EPA for Which Pennsylvania Has Adopted or
Is Due to Adopt State-Wide Regulations for Approval as SIP Revisions

    Such sources should be subject to any applicable CTG or ACT
regulation. In addition to the CTG documents issued between November
15, 1990 and the date of 1-hour ozone attainment, and the CTG documents
issued prior to November 15, 1990; EPA issued CTG and ACT documents in
2006 and 2007. EPA is also due to issue additional control technique
documents by September 2008. Pennsylvania is required to adopt
statewide RACT regulations pursuant to these control technique
documents and is mandated a schedule for doing so. A source in the
Commonwealth that has been considered a non-CTG source may no longer be
so defined if their source category is covered by the 2006, 2007, or
2008 CTGs or ACTs. At the time DEP adopts statewide RACT regulations
pursuant to the 2006, 2007, and 2008 CTGs and ACTs, it must address the
applicability of those RACT regulations to sources previously
considered non-CTG sources under regulations 129.91-129.95.

B. The RACT Plan Approvals and/or RACT Permits Do Not Relax Any
Previously SIP Approved Source-Specific RACT Approved for the Source(s)

    Any request by such sources to modify (relax) their emission rates,
equipments standards, work practice standards, or conditions on the
type or amount of materials/fuels combusted or processed; or to seek
relief from their daily, monthly and/or annual emission caps would not
be approvable as RACT in 2008 or beyond. When such sources seek relief
with the operating conditions imposed in their SIP approved RACT plan
approvals or RACT permits because they have modified to add additional
emission units, or need to increase operation in light of market-based
demand for their products; RACT needs to be re-assessed, re-determined
and potentially made more stringent not less stringent.

C. The RACT Determinations Are Not To Be Simply Based Upon an Arbitrary
Dollar per Ton Figure in a State Guidance Document That Is Neither SIP-
Approved Nor Approvable by EPA

    The very nature of a non-CTG and/or source-specific alternative
RACT makes any ``one size fits all'' dollar per ton figure
inappropriate when determining and imposing RACT.

D. The RACT Plan Approvals or RACT Permits Have No Expiration Date

    No regulation, plan approval or permit submitted for approval as a
SIP revision to be incorporated by reference and made part of a SIP may
have an expiration or sunset provision. By federal statute, a state is
responsible to implement and enforce all provisions of its approved SIP
at all times.

E. Any RACT Plan Approvals' or RACT Permits' Redactions Are Done in
Such a Way as To Be Able To Read the Redacted Text

    When a plan approval or permit is issued by DEP to a source, it may
impose additional requirements or conditions completely unrelated to
the RACT requirements for NOX and/or VOCs. In those
instances, DEP may submit the plan approval or permit as a SIP revision
with those unrelated portions of the plan approval or permit redacted.
Those redactions must be done in such a way as to be able to read the
redacted text. This is necessary to ensure that the redacted language
is not contrary to the portions being submitted for approval as RACT,
does not render the RACT portions less stringent, does not remove or
make less stringent any conditions related to enforcement of RACT, or
make the RACT requirements subject to change without a SIP revision.

F. When Requesting That RACT Plan Approvals or RACT Permits Be Approved
as SIP Revisions, the DEP's Formal SIP Revision Submissions Include
Signed/Dated Technical Support Documents or Memoranda Prepared by DEP
in Support of Its RACT Determinations and the SIP Revision Requests

    Sources in Pennsylvania subject to 25 PA Code Chapters 129.91
through 129.95 are not to send their RACT plan proposals directly to
EPA. Under the CAA, SIP revision submissions in their entirety must be
submitted by the State requesting that the SIP be revised. EPA will
consider only the materials formally submitted by DEP in its SIP
revision request and any comments submitted during the public comment
period provided by EPA on its proposed rule when determining its final
action to approve or disapprove a source-specific SIP revision
submitted by DEP pursuant to 25 PA Code Chapters 129.91 through 129.95.

G. The SIP Revision Submissions Do Not Include Any Materials That Are
Considered ``Confidential Business Information'' in Nature or Entitled
to Any Proprietary Treatment

    Moreover, the DEP plan approvals and permits cannot include
conditions that cite to the source's RACT Plan proposal where that
proposal includes materials which the company has requested be treated
as confidential and proprietary. No materials that are considered
``confidential business information'' in nature or entitled to any
proprietary treatment are to be included in a SIP revision submittal
because the materials that constitute SIP revisions are required to be
made available to the public by both the State and EPA.

III. Final Action

    EPA is converting its limited approval of 25 PA Code Chapters
129.91 through 129.95 to a full approval as they apply throughout the
Commonwealth of Pennsylvania.

IV. Statutory and Executive Order Reviews

A. General Requirements

    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.

B. Submission to Congress and the Comptroller General

    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).

C. Petitions for Judicial Review

    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 December 22, 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 converting 25 PA Code Chapters
129.91 through 129.95 to full approval as they apply throughout the
remainder of the Commonwealth 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, Incorporation by
reference, Nitrogen dioxide, Ozone, Volatile organic compounds.

    Dated: October 9, 2008.
W.T. Wisniewski,
Acting Regional Administrator, Region III.

0
40 CFR part 52 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 NN--Pennsylvania

Sec.  52.2023  [Amended]

0
2. In Sec.  52.2023, paragraph (k) is removed and reserved.

0
3. Section 52.2027 is amended by adding paragraph (c) to read as
follows:

Sec.  52.2027  Approval Status of Pennsylvania's Generic NOX
and VOC RACT Rules.

* * * * *
    (c) Effective November 21, 2008, EPA removes the limited nature of
its approval of 25 PA Code of Regulations, Chapter 129.91 through
129.95 as those regulations apply to the following areas: Adams,
Bedford, Berks, Blair, Bradford, Cambria, Cameron, Carbon, Centre,
Clarion, Clearfield, Clinton, Columbia, Crawford, Cumberland, Dauphin,
Elk, Erie, Forest, Franklin, Fulton, Greene, Huntington, Indiana,
Jefferson, Juniata, Lackawanna, Lancaster, Lawrence, Lebanon, Lehigh,
Luzerne, Lycoming, McKean, Mercer, Mifflin, Monroe, Montour,
Northampton, Northumberland, Perry, Pike, Potter, Schuylkill, Snyder,
Somerset, Sullivan, Susquehanna, Tioga, Union, Venango, Warren, Wayne,
Wyoming, and York Counties.

[FR Doc. E8-25162 Filed 10-21-08; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 81, Number 160 (Thursday, August 18, 2016)]
[Notices]
[Pages 55254-55256]
[FR Doc No: 2016-19688]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78566; File No. SR-ICC-2016-009]

Self-Regulatory Organizations; ICE Clear Credit LLC; Order
Approving Proposed Rule Change To Revise the ICC Treasury Operations
Policies and Procedures

August 12, 2016.

I. Introduction

    On June 15, 2016, ICE Clear Credit LLC (``ICC'') filed with the
Securities and Exchange Commission (``Commission''), pursuant to
Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'') \1\
and Rule 19b-4 thereunder,\2\ a proposed rule change to revise the ICC
Treasury Operations Policies and Procedures to provide for the use of a
committed foreign exchange (``FX'') facility, to make changes to the
investment guidelines as well as additional clean-up changes, and to
provide additional clarification regarding the calculation of
collateral haircuts (SR-ICC-2016-009). The proposed rule change was
published for comment in the Federal Register on June 30, 2016.\3\ The
Commission did not receive comments on the proposed rule change. For
the reasons discussed below, the Commission is approving the proposed
rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Securities Exchange Act Release No. 34-78205 (June 30,
2016), 81 FR 44357 (July 7, 2016) (SR-ICC-2016-009).
---------------------------------------------------------------------------

II. Description of the Proposed Rule Change

    ICC will revise its Treasury Operations Policies and Procedures to
provide for the use of a committed FX facility. ICC has established a
committed FX facility which provides for same day settled spot FX
transactions. ICC represents that the facility allows ICC to use
available United States Dollars (``USD'') to convert into Euro to meet
a Euro liquidity need, for example in the

unlikely event of a Clearing Participant default when Euro is needed
for liquidity but only USD is available. In addition, the policy will
be revised to document that the FX facility will be tested twice a
year.
    Additionally, ICC will revise its Treasury Operations Policies and
Procedures to make changes to the ICC Treasury Department investment
guidelines for operating capital, guaranty fund, and margin cash. ICC
will update the list of permitted investments to add short term US
Treasury securities (with a final maturity of no greater than 98 days)
and remove Money Market Mutual Funds. ICC will also update its
investment policy for operating capital to include Treasury/agency
reverse repurchase (``repo'') agreements. ICC will update the
governance section of the operating capital investment policy to note
that the Risk Committee will review any proposed changes to the policy
and make recommendations to the Board. Further, ICC will remove
reference to an obsolete financial report.
    ICC will make additional clean-up changes throughout the Treasury
Operations Policies and Procedures. Specifically, ICC will remove
outdated language stating that ICC treasury services are provided by
The Clearing Corporation. Further, throughout the document, ICC will
change references to the ``Director of Operations'' to the ``Chief
Operating Officer,'' to correctly reflect the officer title. ICC will
remove reference to specific reverse repo counterparties to reflect the
addition of multiple reverse repo counterparties. Further, ICC has
noted that it has arrangements in place to settle tri-party and
bilateral reverse repo transactions, both of which settle delivery vs.
payment (``DVP''). As a result, ICC will clarify references throughout
the policy from ``DVP reverse repo'' to more specifically refer to
``bilateral reverse repo.'' ICC will remove reference to the titles of
specific agreements that it may enter into to effect reverse repo
transactions and add general language to encompass all agreements that
may be required. ICC will remove information regarding the monitoring
of available liquidity resources and add reference to the ICC Liquidity
Risk Management Framework. ICC has clarified that its committed repo
facility may be used to convert sovereign debt into cash and that the
facility will be tested twice per calendar year. ICC will remove
outdated information under the ``ICE Clear Credit Banking
Relationships'' section of the policy and add language stating that ICC
endeavors to maintain banking relationships with highly creditworthy
and reliable bank institutions that provide operational and strategic
support with respect to holding margin and guaranty fund cash and
collateral. ICC also will remove references to specific banking
counterparties, as ICC's banking relationships have expanded to include
multiple counterparties. ICC will replace the specific names with a
generic reference, to capture all counterparties utilized by ICC. ICC
also will update certain SWIFT banking information throughout the
policy. Further, ICC will update the list of applications used by the
Treasury Department to perform daily operations.
    Finally, ICC will revise its Treasury Operations Policies and
Procedures to provide additional clarification regarding the
calculation of collateral haircuts when yield rates are less than or
equal to one basis point. This change will document current ICC
practices as related to collateral haircut calculation; there will be
no change to the collateral haircut methodology.

III. Discussion and Commission Findings

    Section 19(b)(2)(C) of the Act \4\ directs the Commission to
approve a proposed rule change of a self-regulatory organization if the
Commission finds that the proposed rule change is consistent with the
requirements of the Act and the rules and regulations thereunder
applicable to such self-regulatory organization. Section 17A(b)(3)(F)
of the Act \5\ requires, among other things, that the rules of a
clearing agency are designed to promote the prompt and accurate
clearance and settlement of securities transactions and, to the extent
applicable, derivative agreements, contracts, and transactions and to
comply with the provisions of the Act and the rules and regulations
thereunder.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78s(b)(2)(C).
    \5\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

    The Commission finds that the proposed rule change is consistent
with the requirements of Section 17A of the Act \6\ and the rules and
regulations thereunder applicable to ICC. ICC asserts that the changes
to provide for the use of a committed FX facility will enhance ICC's
liquidity resources, and the changes to the investment guidelines will
ensure the reliable investment of assets in ICC's control with minimal
risk. ICC further asserts that the additional clean-up changes will
ensure that the documentation of ICC's treasury arrangements remains
up-to-date, clear, and transparent. Similarly, ICC represents that the
additional clarification regarding the calculation of collateral
haircuts will promote transparency of ICC's risk management practices
as related to collateral haircuts. The Commission therefore believes
that the proposed rule changes are designed to promote the prompt and
accurate settlement of securities transactions and, to the extent
applicable, derivatives agreements, contracts, and transactions, and to
contribute to the safeguarding of customer funds and securities within
the control of ICC in accordance with Section 17A(b)(3)(F) of the
Act.\7\
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78q-1.
    \7\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

    In addition, the Commission finds that the proposed revisions to
the ICC Treasury Operations Policies and Procedures are consistent with
the relevant requirements of Rule 17Ad-22.\8\ In particular, the use of
a committed FX facility is intended to further ensure that ICC
maintains sufficient financial resources at all times to meet the
requirements set forth in Rule 17Ad-22(b)(3).\9\ Additionally, the
changes to the investment guidelines are aimed to minimize credit,
market, and liquidity risks of investment arrangements. Such changes
are therefore reasonably designed to meet the requirements of Rule
17Ad-22(d)(3).\10\ Finally, the additional clean-up changes and
clarification regarding the calculation of collateral haircuts are
constructed to ensure ICC's governance arrangements to remain clear and
transparent, consistent with the requirements of Rule 17Ad-
22(d)(8).\11\
---------------------------------------------------------------------------

    \8\ 17 CFR 240.17Ad-22.
    \9\ 17 CFR 240.17Ad-22(b)(3).
    \10\ 17 CFR 240.17Ad-22(d)(3).
    \11\ 17 CFR 240.17Ad-22(d)(8).
---------------------------------------------------------------------------

IV. Conclusion

    On the basis of the foregoing, the Commission finds that the
proposal is consistent with the requirements of the Act and in
particular with the requirements of Section 17A of the Act \12\ and the
rules and regulations thereunder.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78q-1.
---------------------------------------------------------------------------

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\13\ that the proposed rule change (File No. SR-ICC-2016-009) be,
and hereby is, approved.\14\
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78s(b)(2).
    \14\ In approving the proposed rule change, the Commission
considered the proposal's impact on efficiency, competition and
capital formation. 15 U.S.C. 78c(f).

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

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
---------------------------------------------------------------------------

    \15\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-19688 Filed 8-17-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 234 (Thursday, December 9, 2021)]
[Notices]
[Page 70142]
[FR Doc No: 2021-26612]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2021-0825]

Appointment of RADM William G. Kelly, to the Minority
Opportunities and Interest Committee of the National Collegiate
Athletic Association

AGENCY: Coast Guard, DHS.

ACTION: Notice.

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

SUMMARY: The Coast Guard announces the appointment of Rear Admiral
William G. Kelly, Superintendent of the Coast Guard Academy, to the
Minority Opportunities and Interest Committee (MOIC) of the National
Collegiate Athletic Association (NCAA). Publication of this notice is
directed by Title 10 of the United States Code. Under this appointment,
Rear Admiral Kelly will provide oversight and advice to, and
coordination with, the NCAA MOIC, but he will not participate in the
day-to-day operations of the NCAA or MOIC.

DATES: The appointment was made on November 16, 2021.

FOR FURTHER INFORMATION CONTACT: For information about this notice call
or email CDR Aaron J. Casavant, Coast Guard; telephone<PHONE_NUMBER>,
email [email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    The National Collegiate Athletic Association (NCAA) is a nonprofit,
non-federal entity that regulates and supports the athletic programs of
the Coast Guard Academy. The Coast Guard announces the appointment of
Rear Admiral (RADM) William G. Kelly, Superintendent of the Coast Guard
Academy, to the Minority Opportunities and Interest Committee (MOIC) of
the NCAA effective November 16, 2021. RADM Kelly will serve in his
official capacity as the Superintendent of the Coast Guard Academy,
without additional compensation, providing oversight and advice to, and
coordination with, the NCAA MOIC. RADM Kelly's participation will not
extend to participation in the day-to-day operations of the NCAA or
MOIC.
    The NCAA MOIC champions the causes of ethnic minorities in
collegiate athletics by fostering an inclusive environment to create a
culture that promotes fair and equitable access to opportunities and
resources. RADM Kelly's participation in the MOIC will provide the
opportunity to support the important mission of the NCAA as well as
visibly demonstrate the Coast Guard's commitment to diversity, equity,
and inclusion.
    This notice is issued under authority of 10 U.S.C. 1033, and
Department of Homeland Security Delegation No. 00170.1 (paragraph
II.14), Revision No. 01.2.

    Dated: December 3, 2021.
E.C. Jones,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Human
Resources.
[FR Doc. 2021-26612 Filed 12-8-21; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: December 28, 2007 (Volume 72, Number 248)]
[Notices]
[Page 73813-73814]
[DOCID:fr28de07-90]

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

ENVIRONMENTAL PROTECTION AGENCY

[FRL-8511-8; Docket ID No. EPA-HQ-ORD-2007-1141]

Draft Toxicological Review of Acrylamide: In Support of Summary
Information on the Integrated Risk Information System (IRIS)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Public Comment Period.

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

SUMMARY: The EPA is announcing a public comment period to review the
final draft document titled, ``Toxicological Review of Acrylamide: In
Support of Summary Information on the Integrated Risk Information
System (IRIS)'' (EPA/635/R-07/009), related to the human health
assessment for acrylamide. The document was prepared by the National
Center for Environmental Assessment (NCEA) within EPA's Office of
Research and Development.
    EPA is releasing this draft document solely for the purpose of pre-
dissemination peer review under applicable information quality
guidelines. This document has not been formally disseminated by EPA. It
does not represent and should not be construed to represent any Agency
policy or determination. EPA will consider any public comments
submitted in accordance with this notice when revising the document.

DATES: The 60-day public comment period begins on December 28, 2007 and
ends February 26, 2008. Technical comments should be in writing and
must be received by EPA by February 26, 2008.

ADDRESSES: The draft ``Draft Toxicological Review of Acrylamide: In
Support of Summary Information on the Integrated Risk Information
System (IRIS)'' (EPA/635/R-07/009) is available primarily via the
Internet on NCEA's home page under the Recent Additions menu at
http://www.epa.gov/ncea. A limited number of paper copies are available by

contacting the IRIS Hotline at<PHONE_NUMBER>,<PHONE_NUMBER>
(facsimile), or<EMAIL_ADDRESS>If you are requesting a paper
copy, please provide your name, mailing address, the document title,
and the EPA number of the requested publication.
    Technical comments may be submitted electronically via
http://www.regulations.gov, by mail, by facsimile, or by hand delivery/

courier. Please follow the detailed instructions provided in the
SUPPLEMENTARY INFORMATION section of this notice.

FOR FURTHER INFORMATION CONTACT: For information on the public comment
period, contact the Office of Environmental Information Docket;
telephone:<PHONE_NUMBER>; facsimile:<PHONE_NUMBER>; or e-mail:
<EMAIL_ADDRESS>
    For general information about the IRIS assessment process, terms,
and existing values go to NCEA's home page via the Internet and click
on ``IRIS'' in the Quick Finder section at http://www.epa.gov/ncea (or go to

http://www.epa.gov/iriswebp/iris/index.html ). For information on the

status and estimated completion dates of the Toxicological Review of
Acrylamide go to the IRIS home page and click on ``IRIS Track'' in the
left hand column (or go to: http://cfpub.epa.gov/iristrac/index.cfm).

    If you have questions or need information regarding communications
and outreach, contact Linda Tuxen, National Center for Environmental
Assessment; telephone:<PHONE_NUMBER>; facsimile:<PHONE_NUMBER>; e-mail:
<EMAIL_ADDRESS>
    For technical and scientific questions concerning the draft
Toxicological Review of Acrylamide, contact the Chemical Manager,
Robert DeWoskin, National Center for Environmental Assessment;
telephone:<PHONE_NUMBER>; facsimile:<PHONE_NUMBER>; e-mail:
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION:

I. Information About the Document

    Acrylamide is a monomer used primarily in the production of
polyacrylamide polymers. Polyacrylamides are used as a flocculent in
water purification, oil recovery, and soil stabilization; and in the
manufacturing of a wide range of products as a coating, matrix,
additive, or stabilizer. Human exposure to acrylamide occurs primarily
in the workplace from dermal contact and inhalation of dust and vapor
during processing or use. The public may be exposed to acrylamide
through emissions from production facilities, use in consumer products,
contaminated drinking water, and cigarette smoke. In early 2002,
Swedish scientists reported high concentrations of acrylamide in
certain fried, baked, and deep-fried foods. Subsequent research
demonstrated that acrylamide forms ``de novo'' (i.e., newly formed, not
present as an environmental contaminant) during high temperature
cooking of carbohydrate-rich foods that contain asparagine and in a few
other food processes. Considerable research is on-going to assess the
level of and the potential risk from exposure to

acrylamide in food (additional information is available on the U.S.
FDA's Internet site for acrylamide: http://www.cfsan.fda.gov/lrd/pestadd.html#acrylamide
).

    This public review draft of ``Toxicological Review of Acrylamide''
is an update and reassessment of the human health effects that may
result from exposure to acrylamide. The acrylamide oral and inhalation
reference values and carcinogenicity classification have been revised
based upon new data and changes in guidance that have occurred since
the previous assessment in 1988.
    IRIS is a database of human health effects that may result from
exposure to various chemical substances found in the environment. The
database (available on the Internet at http://www.epa.gov/iris)

contains qualitative and quantitative health effects information for
more than 540 chemical substances that may be used to support the first
two steps (hazard identification and dose response evaluation) of the
risk assessment process. When supported by available data, the database
provides oral reference doses (RfDs) and inhalation reference
concentrations (RfCs) for health effects, and oral slope factors and
inhalation unit risks for carcinogenic effects. Combined with specific
exposure information, government and private entities use IRIS to help
characterize public health risks of chemical substances in a site-
specific situation and thereby support risk management decisions
designed to protect public health.

II. How to Submit Technical Comments to the Docket at
http://www.regulations.gov

    Submit your comments, identified by Docket ID No. EPA-HQ-ORD-2007-
1141 by one of the following methods:
     http://www.regulations.gov: Follow the on-line instructions for

submitting comments.
     E-mail<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Mail: Office of Environmental Information (OEI) Docket
(Mail Code: 2822T).
    U.S. Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460. The phone number is<PHONE_NUMBER>.
     Hand Delivery: The OEI Docket is located in the EPA
Headquarters Docket Center, EPA West Building, Room 3334, 1301
Constitution Ave., NW., Washington, DC. The EPA Docket Center Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>. Such deliveries are only accepted during
the docket's normal hours of operation, and special arrangements should
be made for deliveries of boxed information.
    If you provide comments in writing, please submit one unbound
original with pages numbered consecutively, and three copies of the
comments. For attachments, provide an index, number pages consecutively
with the comments, and submit an unbound original and three copies.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-ORD-
2007-1141. 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. For additional
information about EPA's public docket visit the EPA Docket Center
homepage at http://www.epa.gov/epahome/dockets.htm.

    Docket: All documents in the docket are listed in the
http://www.regulations.gov index. Although listed in the index, some

information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials can be accessed either
electronically in http://www.regulations.gov or in hard copy from the OEI

Docket in the EPA Headquarters Docket Center.

    Dated: December 18, 2007.
Rebecca M. Clark,
Acting Director, National Center for Environmental Assessment.
[FR Doc. E7-25282 Filed 12-27-07; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 123 (Friday, June 26, 2015)]
[Notices]
[Page 36800]
[FR Doc No: 2015-15648]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #2

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

    Docket Numbers: EC15-157-000.
    Applicants: Pennsylvania Electric Company, Metropolitan Edison
Company, Jersey Central Power & Light Co., FirstEnergy Transmission,
LLC, Mid-Atlantic Interstate Transmission, LLC.
    Description: Application for Authorization Pursuant to Sections
203(A)(1)(A) and 203(A)(2) of the Federal Power Act and Request for
Waivers of Certain Filing Requirements of Pennsylvania Electric
Company, et al.
    Filed Date: 6/19/15.
    Accession Number: 20150619-5129.
    Comments Due: 5 p.m. ET 7/10/15.

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

    Docket Numbers: ER15-1345-001.
    Applicants: Midcontinent Independent System Operator, Inc., South
Mississippi Electric Power Association.
    Description: Compliance filing: 2015-06-19_SMEPA RTO Adder
Compliance Filing to be effective 6/1/2015.
    Filed Date: 6/19/15.
    Accession Number: 20150619-5068.
    Comments Due: 5 p.m. ET 7/10/15.

    Docket Numbers: ER15-1657-001.
    Applicants: SEPG Energy Marketing Services, LLC.
    Description: Tariff Amendment: Supplement to MBR Application to be
effective 7/6/2015.
    Filed Date: 6/19/15.
    Accession Number: 20150619-5060.
    Comments Due: 5 p.m. ET 7/10/15.

    Docket Numbers: ER15-1714-000.
    Applicants: Targray Americas Inc.
    Description: Supplement to May 14, 2015 Targray Americas Inc.
tariff filing.
    Filed Date: 6/19/15.
    Accession Number: 20150619-5128.
    Comments Due: 5 p.m. ET 7/10/15.

    Docket Numbers: ER15-1952-000.
    Applicants: Pavant Solar LLC.
    Description: Baseline eTariff Filing: Initial Baseline--Pavant
Solar LLC to be effective 8/1/2015.
    Filed Date: 6/19/15.
    Accession Number: 20150619-5087.
    Comments Due: 5 p.m. ET 7/10/15.

    Docket Numbers: ER15-1953-000.
    Applicants: Tucson Electric Power Company.
    Description: Sec.  205(d) Rate Filing: Certificates of Concurrence
to be effective 9/1/2011.
    Filed Date: 6/19/15.
    Accession Number: 20150619-5167.
    Comments Due: 5 p.m. ET 7/10/15.

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

    Docket Numbers: ES15-35-000.
    Applicants: Kingsport Power Company.
    Description: Application under Section 204 of the Federal Power Act
for Authorization to Issue Securities of Kingsport Power Company.
    Filed Date: 6/19/15.
    Accession Number: 20150619-5165.
    Comments Due: 5 p.m. ET 7/10/15.

    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 385.211 and Sec.  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 19, 2015.
Kimberly D. Bose,
Secretary.
[FR Doc. 2015-15648 Filed 6-25-15; 8:45 am]
 BILLING CODE 6717-01P