[Federal Register Volume 83, Number 169 (Thursday, August 30, 2018)]
[Rules and Regulations]
[Pages 44199-44202]
[FR Doc No: 2018-18658]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2018-0272; Product Identifier 2018-NM-005-AD; Amendment
39-19377; AD 2018-17-23]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for all The
Boeing Company Model 737-100, -200, -200C, -300, -400, and -500 series
airplanes. This AD was prompted by a report indicating that during a
fleet survey on a retired Model 737 airplane, cracking was found common
to the number 3 windshield assembly, aft sill web. This AD requires, at
certain locations, repetitive high frequency eddy current (HFEC)
inspections of the number 3 windshield assembly, aft sill web; and
applicable on-condition actions. We are issuing this AD to address the
unsafe condition on these products.

DATES: This AD is effective October 4, 2018.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of October 4,
2018.

ADDRESSES: For service information identified in this final rule,
contact Boeing Commercial Airplanes, Attention: Contractual & Data
Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA
90740-5600; telephone<PHONE_NUMBER>; internet https://www.myboeingfleet.com. You

may view this service information at the FAA, Transport Standards
Branch, 2200 South 216th St., Des Moines, WA. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>. It is also
available on the internet at http://www.regulations.gov by searching
for and locating Docket No. FAA-2018-0272.

Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-
0272; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, the regulatory evaluation, any comments received, and
other information. The address for Docket Operations (phone: 800-647-
5527) is Docket Operations, U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: David Truong, Aerospace Engineer,
Airframe Section, FAA, Los Angeles ACO Branch, 3960 Paramount
Boulevard, Lakewood, CA 90712-4137; phone:<PHONE_NUMBER>; fax: 562-627-
5210; email: [email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to certain The Boeing Company
Model 737-100, -200, -200C, -300, -400, and -500 series airplanes. The
NPRM published in the Federal Register on April 16, 2018 (83 FR 16243).
The NPRM was prompted by a report indicating that during a fleet survey
on a retired Model 737 airplane, cracking was found common to the
number 3 windshield assembly, aft sill web. The NPRM proposed to
require, at certain locations, repetitive HFEC inspections of the
number 3 windshield assembly, aft sill web; and applicable on-condition
actions.
    We are issuing this AD to address such cracking common to the
number 3 windshield assembly, aft sill web, which could adversely
affect the structural integrity of the windshield assembly.

Comments

    We gave the public the opportunity to participate in developing
this final rule. The following presents the comments received on the
NPRM and the FAA's response to each comment.

Effect of Winglets on Accomplishment of the Proposed Actions

    Aviation Partners Boeing stated that accomplishing the Supplemental
Type Certificate (STC) ST01219SE does not affect the actions specified
in the NPRM.
    We agree with the commenter. We have redesignated paragraph (c) of
the proposed AD as paragraph (c)(1) of this AD and added paragraph
(c)(2) to this AD to state that installation of STC ST01219SE does not
affect the ability to accomplish the actions required by this AD.
Therefore, for airplanes on which STC ST01219SE is installed, a
``change in product'' alternative method of compliance (AMOC) approval
request is not necessary to comply with the requirements of 14 CFR
39.17.

Request To Clarify Inspection Location

    Boeing requested that the language in the ``Related Service
Information under 1 CFR part 51'' paragraph be clarified in the
proposed AD. Boeing requested that we replace ``repetitive HFEC
inspections of the number 3 windshield and of the aft sill web'' with
``repetitive HFEC inspections of the number 3 windshield aft sill
web.'' Boeing stated that there is no requirement in Boeing Alert
Requirements Bulletin 737-53A1377 RB, dated December 11, 2017, to
inspect the windshield with an HFEC inspection. Boeing commented that
the only HFEC requirement in Boeing Alert Requirements Bulletin 737-
53A1377 RB, dated December 11, 2017, is to accomplish the HFEC
inspections of the number 3 windshield aft sill web.
    We agree with the request to clarify the inspection location, for
the reasons provided. We have revised the ``Summary and Related Service
Information under 1 CFR part 51'' section, as well as the SUMMARY, of
this final rule accordingly. For consistency within this AD and in
response to the following Boeing comment, this AD specifies the
``number 3 windshield assembly, aft sill web.''

Request To Clarify Location of Cracking

    Boeing requested that we clarify the unsafe condition in paragraph
(e) of the NPRM. Boeing requested that we replace the language ``common
to the windshield and aft sill web'' with ``common to the number 3
windshield assembly, aft sill web.'' Boeing stated that the cracking in
the aft sill web is at the fastener common to the aft sill web and the
outer chord of the number 3 windshield assembly and is not actually
common to the windshield.
    We agree with the request, for the reasons provided. We have
revised paragraph (e) of this AD, as well as the SUMMARY and the
Discussion section of this final rule, accordingly.

Request To Clarify Certain Language in the ``Exceptions to Service
Information Specifications'' Paragraph

    Boeing requested that we revise paragraph (i)(2) of the
``Exceptions to Service Information Specifications'' paragraph in the
proposed AD. Boeing requested that we replace the language ``specifies
contacting Boeing'' with ``specifies contacting Boeing for repair
instructions.'' Boeing commented that this addition adds clarity.
    We agree with the request and have revised this AD to clarify the
requirements accordingly.

Explanation of Change to Applicability Description

    The applicability of the proposed AD referred to affected airplanes
identified in Boeing Alert Requirements Bulletin 737-53A1377 RB, dated
December 11, 2017. The effectivity in the service information is
identified in terms of line numbers. Since those line numbers include
all airplanes of the affected models, we have revised the applicability
in this AD as all Model 737-100, -200, -200C, -300, -400, and -500
series airplanes.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
this final rule with the changes described previously and minor
editorial changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM for addressing the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.
    We also determined that these changes will not increase the
economic burden on any operator or increase the scope of this final
rule.

Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Alert Requirements Bulletin 737-53A1377 RB,
dated December 11, 2017. The service information describes procedures
for repetitive HFEC inspections of the number 3 windshield assembly,
aft sill web at station 254.6, between stringers S-9 and S-11 on the
left- and right-hand sides; and applicable on-condition actions. This
service information is reasonably available because the interested
parties

have access to it through their normal course of business or by the
means identified in the ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 63 airplanes of U.S. registry. We
estimate the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
             Action                     Labor cost        Parts cost    Cost per product          operators
----------------------------------------------------------------------------------------------------------------
HFEC inspection.................  4 work-hours x $85              $0  $340 per inspection   $21,420 per
                                   per hour = $340 per                 cycle.                inspection cycle.
                                   inspection cycle.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide
cost estimates for the on-condition actions specified in this 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.
    This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to transport category airplanes and
associated appliances to the Director of the System Oversight Division.

Regulatory Findings

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13   [Amended]

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

2018-17-23 The Boeing Company: Amendment 39-19377; Docket No. FAA-
2018-0272; Product Identifier 2018-NM-005-AD.

(a) Effective Date

    This AD is effective October 4, 2018.

(b) Affected ADs

    None.

(c) Applicability

    (1) This AD applies to all The Boeing Company Model 737-100, -
200, -200C, -300, -400, and -500 series airplanes, certificated in
any category.
    (2) Installation of Supplemental Type Certificate (STC)
ST01219SE does not affect the ability to accomplish the actions
required by this AD. Therefore, for airplanes on which STC ST01219SE
is installed, a ``change in product'' alternative method of
compliance (AMOC) approval request is not necessary to comply with
the requirements of 14 CFR 39.17.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by a report indicating that during a fleet
survey on a retired Model 737 airplane, cracking was found common to
the number 3 windshield assembly, aft sill web. We are issuing this
AD to address such cracking at this location, which could adversely
affect the structural integrity of the windshield assembly.

(f) Compliance

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

(g) Required Actions for Group 1 Airplanes

    For airplanes identified as Group 1 in Boeing Alert Requirements
Bulletin 737-53A1377 RB, dated December 11, 2017: Within 120 days
after the effective date of this AD, do an inspection to correct the
unsafe condition, using a method approved in accordance with the
procedures specified in paragraph (j) of this AD.

(h) Required Actions for Group 2 Airplanes

    For airplanes identified as Group 2 in Boeing Alert Requirements
Bulletin 737-53A1377 RB, dated December 11, 2017: Except as required
by paragraph (i) of this AD, at the applicable times specified in
the ``Compliance'' paragraph of Boeing Alert Requirements Bulletin
737-53A1377 RB, dated December 11, 2017, do all applicable actions
identified in, and in accordance with, the Accomplishment
Instructions of Boeing Alert Requirements Bulletin 737-53A1377 RB,
dated December 11, 2017.

    Note 1 to paragraph (h) of this AD:  Guidance for accomplishing
the actions required by this AD can be found in Boeing Alert Service
Bulletin 737-53A1377, dated December 11, 2017, which is referred to
in Boeing Alert Requirements Bulletin 737-53A1377 RB, dated December
11, 2017.

(i) Exceptions to Service Information Specifications

    (1) For purposes of determining compliance with the requirements
of this AD: Where Boeing Alert Requirements Bulletin 737-53A1377 RB,
dated December 11, 2017, uses the phrase ``the original issue date
of Requirements Bulletin 737-53A1377 RB,'' this AD requires using
``the effective date of this AD.''
    (2) Where Boeing Alert Requirements Bulletin 737-53A1377 RB,
dated December 11, 2017, specifies contacting Boeing for

repair instructions, this AD requires repair using a method approved
in accordance with the procedures specified in paragraph (j) of this
AD.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Los Angeles ACO Branch, 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 certification office, send it to the attention of
the person identified in paragraph (k) of this AD. Information may
be emailed to: [email protected].
    (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) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by the Boeing Commercial Airplanes Organization
Designation Authorization (ODA) that has been authorized by the
Manager, Los Angeles ACO Branch, to make those findings. To be
approved, the repair method, modification deviation, or alteration
deviation must meet the certification basis of the airplane, and the
approval must specifically refer to this AD.

(k) Related Information

    For more information about this AD, contact David Truong,
Aerospace Engineer, Airframe Section, FAA, Los Angeles ACO Branch,
3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-
5224; fax:<PHONE_NUMBER>; email: [email protected].

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless the AD specifies otherwise.
    (i) Boeing Alert Requirements Bulletin 737-53A1377 RB, dated
December 11, 2017.
    (ii) Reserved.
    (3) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone<PHONE_NUMBER>; internet https://www.myboeingfleet.com.
    (4) You may view this service information at the FAA, Transport
Standards Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call
206-231-3195.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Des Moines, Washington, on August 17, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2018-18658 Filed 8-29-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 22 (Friday, February 3, 2017)]
[Notices]
[Pages 9258-9259]
[FR Doc No: 2017-02263]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79902; File No. SR-NSX-2016-16]

Self-Regulatory Organizations; National Stock Exchange, Inc.;
Order Approving Proposed Rule Change, as Modified by Amendment No. 1,
in Connection With a Proposed Acquisition of the Exchange by NYSE
Group, Inc.

January 30, 2017.

I. Introduction

    On December 22, 2016, National Stock Exchange, Inc. (``NSX'' or the
``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) \1\ of the Securities
Exchange Act of 1934 (``Act''),\2\ and Rule 19b-4 thereunder,\3\ a
proposed rule change to make certain amendments to its corporate
governance documents and rules, and the corporate governance documents
of NYSE Group, Inc. (``NYSE Group''), NYSE Holdings LLC (``NYSE
Holdings''), Intercontinental Exchange Holdings, Inc. (``ICE
Holdings''), and Intercontinental Exchange, Inc. (``ICE'') in order to
effectuate a proposed transaction (the ``Transaction'') in which the
Exchange will become a wholly-owned subsidiary of NYSE Group. The
proposed rule change was published for comment in the Federal Register
on December 30, 2016.\4\ On January 23, 2017, the Exchange submitted
Amendment No. 1 to the proposed rule change.\5\ The Commission received
no comments on the proposal. This order approves the proposal, as
modified by Amendment No. 1.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
    \4\ See Securities Exchange Act Release No. 79684 (December 23,
2016), 81 FR 96552 (SR-NSX-2016-16) (``Notice'').
    \5\ In Amendment No. 1, the Exchange corrected a technical error
in the proposed Seventh Amended and Restated Bylaws of ICE.
Specifically, the Exchange replaced a reference in Section
12.1(a)(1) of Article XII of the ICE Bylaws to ``the Amended and
Restated Certificate of Incorporation of the Corporation'' with a
reference to ``these bylaws.'' Amendment No. 1 was technical in
nature and therefore does not need to be published for comment.
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II. Description of the Proposal

    On December 14, 2016, ICE entered into an agreement with the
Exchange pursuant to which its wholly-owned subsidiary, NYSE Group,
will acquire all of the outstanding capital stock of the Exchange (the
``Acquisition''). As a result of the Acquisition, the Exchange will be
renamed NYSE National, Inc. (``NYSE National'') and will be operated as
a wholly-owned subsidiary of NYSE Group. NYSE Group is a wholly-owned
subsidiary of NYSE Holdings, which is in turn 100% owned by ICE
Holdings. ICE is a public company listed on the New York Stock Exchange
LLC (the ``NYSE''), and owns 100% of ICE Holdings.\6\ Following the
Acquisition, the Exchange will continue to be registered as a national
securities exchange.\7\ According to the Exchange, as it does today,
the Exchange will continue to have separate rules, membership rosters,
and listings that will be distinct from the rules, membership rosters,
and listings of the three other registered national securities
exchanges owned by NYSE Group, namely, the NYSE, NYSE MKT LLC (``NYSE
MKT''), and NYSE Arca, Inc. (``NYSE Arca'') (together, the ``NYSE
Exchanges'').\8\
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    \6\ See Notice, supra note 4, at 96552.
    \7\ See id.
    \8\ See id.
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    In connection with the Acquisition, the Exchange proposes to amend
its Certificate of Incorporation and Third Amended and Restated Bylaws.
In addition, the Exchange proposes to amend certain corporate
governance documents of NYSE Group, NYSE Holdings, ICE Holdings and
ICE,\9\ such that the conditions in those documents are equally
applicable to the NYSE NSX.\10\ According to the Exchange, the

amendments would reflect the Exchange's proposed new ownership and, in
certain cases, align the Exchange's governance provisions to those of
other NYSE Exchanges.\11\
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    \9\ The NYSE Exchanges filed proposed rule changes, which
propose similar amendments to their respective governance documents.
See Securities Exchange Act Release Nos. 79671 (December 22, 2016),
81 FR 96128 (SR-NYSE-2016-90); 79678 (December 22, 2016), 81 FR
96102 (May 16, 2016) (SR-NYSEArca-2016-167); and 79675 (December 22,
2016), 81 FR 96128 (May 16, 2016) (SR-NYSEMKT-2016-122).
    \10\ See Securities Exchange Act Release No. 70210 (August 15,
2013), 78 FR 51758 (August 21, 2013) (approving rule changes related
to NYSE Euronext becoming a wholly owned subsidiary of ICE (then
called IntercontinentalExchange Group, Inc.)).
    \11\ See note 9. The proposed changes to the governance
documents, NSX Rules and fee schedule are set forth in greater
detail in the Notice. See Notice, supra note 4, at 96553-63.
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III. Discussion and Commission Findings

    After careful review, the Commission finds that the proposed rule
change, as modified by Amendment No. 1, is consistent with the
requirements of Section 6 of the Act \12\ and the rules and regulations
thereunder applicable to a national securities exchange.\13\ In
particular, the Commission finds that the proposed rule change is
consistent with Sections 6(b)(1) and (3) of the Act,\14\ which, among
other things, require a national securities exchange to be so organized
and have the capacity to be able to carry out the purposes of the Act,
and to enforce compliance by its members and persons associated with
its members with the provisions of the Act, the rules and regulations
thereunder, and the rules of the exchange, and assure the fair
representation of its members in the selection of its directors and
administration of its affairs, and provide that one or more directors
shall be representative of issuers and investors and not be associated
with a member of the exchange, broker, or dealer. The Commission also
finds that the proposal is consistent with Section 6(b)(5) of the
Act,\15\ which requires that the rules of an exchange be designed to
promote just and equitable principles of trade, to remove impediments
to and perfect the mechanism of a free and open market and a national
market system, and, in general, to protect investors and the public
interest.\16\
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    \12\ 15 U.S.C. 78f.
    \13\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
    \14\ 15 U.S.C. 78f(b)(1) and (b)(3).
    \15\ 15 U.S.C. 78f(b)(5).
    \16\ The text of the proposed rule change is consistent with
Sections 6(b)(1), (3) and (5) of the Act. However, the Commission
notes that the Exchange must continue to comply with the provisions
of the Commission's Cease and Desist Order. See Securities Exchange
Act Release No. 51714 (May 19, 2005).
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    According to the Exchange, the proposed rule change consists of (i)
non-substantive changes that will conform terminology of the Exchange
to that of the NYSE Exchanges, and (ii) substantive and/or procedural
changes that are designed to conform the Exchange's rules and
procedures to those of other NYSE Exchanges.\17\ The Exchange has
represented to the Commission that the proposed rule change presents no
novel issues, as all of the substantive and/or procedural changes are
derived from existing rules of other NYSE Exchanges. Furthermore, the
Exchange has made the following representations:
---------------------------------------------------------------------------

    \17\ See Notice, supra note 4, at 96563-64.
---------------------------------------------------------------------------

     The proposed rule change would continue the requirement in
the Exchange's Bylaws that an independent board committee oversees the
adequacy and effectiveness of the performance of the Exchange's self-
regulatory responsibilities; \18\
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    \18\ See id. at 96563.
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     The Regulatory Oversight Committee would be similar in
composition and function to committees of other self-regulatory
organizations, and would be similarly designed to (i) ensure the
adequacy and effectiveness of the Exchange's regulatory and self-
regulatory responsibilities; and (ii) to assist the Board and any other
committees of the Board in reviewing the regulatory plan and the
overall effectiveness of the Exchange's regulatory functions.\19\
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    \19\ See id.
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     The proposed rule change is not inconsistent with the
Order Instituting Administrative and Cease-and-Desist Proceedings
Pursuant to Sections 19(h) and 21C of the Securities Exchange Act of
1934, Making Findings, and Imposing Remedial Sanctions and Cease-and-
Desist Order, entered by the Commission on May 19, 2005.\20\
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    \20\ See id. at 96553. See also note 16.
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     The changes to the corporate and governance structure will
place the Exchange in a better position to improve its technology and
engage in value-enhancing transactions that will enable the Exchange to
more effectively participate and compete in the marketplace.\21\
---------------------------------------------------------------------------

    \21\ See id. at 96554.
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     The Exchange's proposed changes to its corporate
governance structure are designed to align its structure with that of
the NYSE Exchanges to promote a consistent approach to corporate
governance, and to simplify and create greater consistency with the
organizational documents and governance practices of the NYSE
Exchange.\22\
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    \22\ See id. at 96552-53.
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    The Exchange has represented to the Commission that it believes
that the benefits of aligning its corporate documents to those of other
NYSE Exchanges outweigh the costs, if any, to leaving its rules as is
and being the sole outlier among the NYSE Exchanges. The Commission
also notes that it received no comments on the proposed rule change.
Finally, the Commission believes that uniformity of terminology as well
as corporate governance structure among the wholly owned subsidiaries
of NYSE Group, including the NYSE Exchanges and the Exchange, to the
extent possible, should allow for a more streamlined, consistent, and
effective approach to both compliance and surveillance in furtherance
of the rules of the Exchange and the federal securities laws.

IV. Conclusion

    For the foregoing reasons, the Commission finds that the proposed
rule change, as modified by Amendment No. 1, is consistent with the Act
and the rules and regulations thereunder applicable to a national
securities exchange.
    It is therefore ordered, pursuant to Section 19(b)(2) of the Act
\23\ that the proposed rule change (SR-NSX-2016-16), as modified by
Amendment No.1, be, and hereby is, approved.
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    \23\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\24\
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    \24\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-02263 Filed 2-2-17; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 204 (Monday, October 22, 2012)]
[Rules and Regulations]
[Page 64411]
[FR Doc No: 2012-25977]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2012-0932]

Drawbridge Operation Regulations; Atlantic Intracoastal Waterway
(AIWW), Wrightsville Beach, NC

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulation.

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SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the S.R. 74 Bridge across the Atlantic
Intracoastal Waterway, mile 283.1, at Wrightsville Beach, NC. The
deviation is necessary to facilitate the structural repair of the
bridge. This deviation allows the bridge to be closed to navigation for
12 hours each day beginning in the evening.

DATES: This deviation is effective from 7 p.m. on October 22, 2012,
until 7 a.m. on March 15, 2013.

ADDRESSES: Documents mentioned in this preamble as being available in
the docket USCG-2012-0932 and are available online by going to http://www.regulations.gov, inserting USCG-2012-0932 in the ``Search'' box,
and then clicking ``Search''. This material is also available for
inspection or copying the Docket Management Facility (M-30), U.S.
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 deviation from regulations, call or email Mr. Bill H.
Brazier, Bridge Management Specialist, Fifth Coast Guard District,
telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>If you have
questions on reviewing the docket, call Renee V. Wright, Program
Manager, Docket Operations,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The North Carolina Department of
Transportation, who owns and operates this bascule lift bridge, has
requested a temporary deviation from the current operating regulations
set out in 33 CFR 117.821 (a)(4), to facilitate the structural repair
of the bridge.
    In the closed position to vessels, the S.R. 74 Bridge, at Atlantic
Intracoastal Waterway (AIWW) mile 283.1, at Wrightsville Beach, NC has
a vertical clearance of 20 feet, above mean high water.
    Under this temporary deviation, from October 22, 2012, through
March 15, 2013, the S.R. 74 Bridge will be closed to navigation each
day, from 7 p.m. to 7 a.m., except vessel openings will be provided
with a 2-hour advance notice to the bridge tender.
    Vessel traffic along this part of the AIWW consists of commercial
and pleasure craft including sail boats, fishing boats, and tug and
barge traffic, that transit mainly during the daylight hours with the
occasional tug and barge traffic at night. There are no alternate
routes for vessels transiting this section of the AIWW. Vessels that
can pass under the bridge without a drawbridge opening may do so at all
times and the bridge will be able to open in an emergency.
    The Coast Guard has carefully coordinated the restrictions with
commercial and recreational waterway users. The Coast Guard will inform
all users of the waterway through our Local and Broadcast Notice to
Mariners of the closure periods for the bridge so that vessels can
arrange their transits to minimize any impacts caused by the temporary
deviation.
    In accordance with 33 CFR 117.35(e), the draw must return to its
original operating schedule immediately at the end of the effective
period of this deviation. This deviation from the operating regulations
is authorized under 33 CFR 117.35.

    Dated: October 10, 2012.
Waverly W. Gregory, Jr.,
Bridge Program Manager, Fifth Coast Guard District.
[FR Doc. 2012-25977 Filed 10-19-12; 8:45 am]
BILLING CODE 9110-04-P


1 TABLE 1: AVERAGE ANNUAL EPA RESOURCE REQUIREMENT FOR MONITORING OF ELECTRIC UTILITY STEAM GENERATING UNITS ( A) ( B) ( C) a ( D) ( E) b ( F) d Activity EPA Hrs/ Occurences EPA hr/ Plants/ EPA EPA Cost Occurence Plant/ yr Plant/ yr year hr/ yr $

Performance test New Plants 24.0 1.2c 28.8 7 201.6 6969 Review report of 160.0 1.2c 192.0 7 1344.0 46462 Startup Report Review:

Notified of construction 2.0 1 2.0 7 14.0 484 Notified of anticip strt/ up 0.5 1 0.5 7 3.5 121 Notified of actual strt/ up 0.5 1 0.5 7 3.5 121 Notified of initial test 0.5 1.2c 0.6 7 4.2 145 Notified of CMS demonst. 0.5 1 0.5 7 3.5 121 Quarterly Reports Excess Emission 8.0 4 32.0 123.5 3952.0 136621 SUBTOTAL ANNUAL COST TO EPA 5526.3 191044 Travel Expenses=( 1 person x 7 plants/ yr x 3d/ plant x $ 50 per diem)+($ 250/ pl x 7 pl/ yr) 2800 TOTAL ANNUAL COST TO EPA 193844 a) AxB= C b) CxD= E c) Assume 20% of initial performance test must be repeated due to failure.

d) Burden cost is calculated at a rate of $ 16.46/ hr + ( 16.46/ hr x 110% overhead), or $ 34.57 TABLE 2: ANNUAL BURDEN OF REPORTING AND RECORDKEEPING REQUIREMENTS AS A RESULT OF THE STANDARDS ELECTRIC UTILITY STEAM GENERATING UNITS/ NSPS SUBPART Da 2 ( A) ( B) ( C= A x B) ( D) ( E = C x D) ( F) a Person/ hrs Occurrences/ Person/ hrs Number of Total annual Industry Occurrences Plant/ yr Respondent Respondents Person/ hrs Cost/ yr ___________________________________________________________________________________________________________________________

1. APPLICATIONS  Not Applicable

2. SURVEY AND STUDIES  Not Applicable

3. REPORTING REQUIREMENTS A. Read Instructions 1 1 1 7 7 167 B. Required Activities Initial Emission test 160 1 160 7 1,120 26,656 Ref. Method 9 4 29.7 118.8 7 831.6 19,792 Repeat Perf. Test 60 0.2c 12 7 84 1,992 C. Create Information Included in 3B D. Gather Existing Info Included in 3E E. Write Report Notify of construc/

reconstruc 2 1 2 7 14 333 Notify of anticip.

startup 2 1 2 7 14 333 Notify of actual startup 2 1 2 7 14 333 Notify of initial Performance test 2 1.2c 2.4 7 16.8 400 Notify of demo.

Of CMS 2 1 2 7 14 333 Report of Performance test Included in 3B Quarterly reports of excess emissions 8 4 32 123.5e 3,952 94,058 SUBTOTAL: REPORTING BURDEN 6,067.4 144,404 TABLE 2: ANNUAL BURDEN OF REPORTING AND RECORDKEEPING REQUIREMENTS AS A RESULT OF THE STANDARDS ( A) ( B) ( C = A x B) ( D) ( E = C x D) ( F) a Person/ hrs Occurrences/ Person/ hrs Number of Total annual Industry Occurrences Plant/ yr Respondent Respondents Person/ hrs Cost/ yr ___________________________________________________________________________________________________________________________________

4. RECORDKEEPING REQUIREMENTS A. Read Instructions Included in 3A B. Plan Activities Included in 4C 3 Implement Activities Included in 3B Develop record system N/ A C. Time to check computer b 0.5 365d 182.5 123.5e 22,538.75 536,422 system and calibrate continuous monitors D. Train personnel N/ A E. Audits N/ A SUBTOTAL: RECORDKEEPING BURDEN 22,538.75 536,422 TOTAL ANNUAL BURDEN TO INDUSTRY: 28,606.15 680,826 ___________________________________________________________________________________________________________________________________

a) Assume approximately 21 plants ( respondents) will become subject over a 3 year period. Assume consistent progression of NSPS coverage, so that the number of new sources per year equal 21/ 3= 7.

b) Assume an hourly wage of $ 23.80. This amount was multiplied by the hour per year in column E.

c) Assume 20% of initial performance tests must be repeated due to failure.

d) Assume operation 365 days per year as specified in the NSPS review document.

e) The number of affected facilities includes the number of sources currently subject to the standard ( 113) plus the average of the total number of facilities to be constructed/ reconstructed over the next three years ( 50% of 21)


February 2, 2004 Page 1 of 2 Final Minutes Registration Review Workgroup Pesticide Program Dialogue Committee January 6, 2004 Teleconference Participants EPA: Jay Ellenberger, Susan Lewis, Richard Dumas, Philip Ross, Tony Kish, TJ Wyatt, Elisa Rim, Vivian Prunier PPDC Workgroup: Cindy Baker, Carolyn Brickey, Patti Bright, Wally Ewart, Steve Kellner, Therese Murtagh, Peg Perreault, Janine Rynczak, Steve Rutz, Julie Spagnoli, Roberta Spitko, Warren Stickle, Ray McAllister, George Wichterman Public attendees: Lucy Ament, Pesticide and Toxic Chemicals News; Tann Shafer, Monsanto, John Wargan, Health Canada; (?) Debora Eisen, American Pet Products Association; Steve Ratten, Monsanto; Kelly Moran, California Water Pollution Control Board Introduction and Background. Jay Ellenberger announced that Susan Lewis of SRRD has replaced Betty Shackleford as Co Chair of the workgroup. Jay summarized the workgroup's achievements, as presented at the October 2003 PPDC meeting.

Mission of the PPDC Registration Review Workgroup. The workgroup will continue to develop recommendations and advice for the PPDC to offer to the Agency regarding the design of the registration review program. The workgroup's goal is to develop advice and recommendations on 4 or five issues to present at the next PPDC meeting ( to be held in spring of 2004). EPA will consider the PPDC's views when developing proposed procedural regulations for the registration review program. EPA's goal is to issue final regulations and have the registration review program in place by the summer of 2006.

Schedule for Workgroup Meetings and Teleconferences. The Workgroup tentatively agreed to have a face to face meeting at the end of January. EPA will poll members by e mail regarding their availability for a meeting in late January. A schedule for subsequent meetings and teleconferences will be discussed at that meeting.

Issues for Workgroup Consideration. Jay Ellenberger suggested 4 issues for the workgroup to consider and workgroup members added a fifth issue, as follows:

1) What action initiates a pesticide's registration review? February 2, 2004 Page 2 of 2 2) The Agency wants to receive information relating to the risk of a pesticide ( e. g., use information, exposure data, studies on environmental or health effects) before it begins a pesticide's registration review. What concerns do registrants and other stakeholders have regarding the provision of such information and how can these concerns be accommodated?

3) How to develop cost estimates for the registration review program?

4) What are the potential benefits of the registration review program?

5) What is a registration review decision?

Jay Ellenberger and Susan Lewis agreed to provide workgroup members with a short paragraph on each of these issues to clarify what we believe the issue is and what it might expect from the workgroup.

The workgroup agreed that these issues could be discussed by subgroups who would then present their findings to the entire workgroup. Workgroup members agreed to notify Jay and Susan regarding the issues they wish to work on.


[Federal Register Volume 86, Number 222 (Monday, November 22, 2021)]
[Notices]
[Pages 66293-66294]
[FR Doc No: 2021-25402]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

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

    Docket Numbers: EC22-16-000.
    Applicants: Energy Center Paxton LLC, KKR Thor Bidco, LLC.
    Description: Application for Authorization Under Section 203 of the
Federal Power Act of Energy Center Paxton LLC.
    Filed Date: 11/15/21.
    Accession Number: 20211115-5233.
    Comment Date: 5 p.m. ET 12/6/21.

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG22-23-000.
    Applicants: Arlington Energy Center III, LLC.
    Description: Notice of Self-Certification of Exempt Wholesale
Generator Status of Arlington Energy Center III, LLC.
    Filed Date: 11/16/21.
    Accession Number: 20211116-5108.
    Comment Date: 5 p.m. ET 12/7/21.

    Take notice that the Commission received the following Complaints
and Compliance filings in EL Dockets:

    Docket Numbers: EL22-9-000.
    Applicants: ITC Midwest LLC.
    Description: Petition for Declaratory Order of ITC Midwest LLC.
    Filed Date: 11/2/21.
    Accession Number: 20211102-5230.
    Comment Date: 5 p.m. ET 12/2/21.

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

    Docket Numbers: ER20-1906-001.
    Applicants: Story County Wind, LLC.
    Description: Midcontinent Independent System Operator, Inc. submits
tariff filing per 35.19a(b): Refund Report__Story County Wind, LLC to
be effective N/A.
    Filed Date: 11/16/21.
    Accession Number: 20211116-5167.
    Comment Date: 5 p.m. ET 12/7/21.

    Docket Numbers: ER22-1-001.
    Applicants: Alliant Energy Corporate Services, Inc.
    Description: Tariff Amendment: Amendment to Schedule 2 Submission
to be effective 11/30/2021.
    Filed Date: 11/16/21.
    Accession Number: 20211116-5101.
    Comment Date: 5 p.m. ET 12/7/21.

    Docket Numbers: ER22-244-000; TS22-1-000.
    Applicants: Caddo Wind, LLC, Caddo Wind, LLC.
    Description: Amended Request for Temporary Tariff Waiver, et al. of
Caddo Wind, LLC.
    Filed Date: 11/10/21.
    Accession Number: 20211110-5270.
    Comment Date: 5 p.m. ET 11/22/21.

    Docket Numbers: ER22-355-000.
    Applicants: ISO New England Inc.
    Description: ISO New England Inc. Resource Termination--Killingly
Energy Center.
    Filed Date: 11/4/21.
    Accession Number: 20211104-5202.
    Comment Date: 5 p.m. ET 11/26/21.

    Docket Numbers: ER22-408-000.
    Applicants: Persimmon Creek Wind Farm 1, LLC.
    Description: Request for Waiver and Expedited Consideration of
Persimmon Creek Wind Farm 1, LLC.
    Filed Date: 11/12/21.
    Accession Number: 20211112-5386.
    Comment Date: 5 p.m. ET 12/3/21.

    Docket Numbers: ER22-413-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Amendment to WMPA SA No.
5588; Queue No. AE2-114 to be effective 1/8/2020.
    Filed Date: 11/16/21.
    Accession Number: 20211116-5086.
    Comment Date: 5 p.m. ET 12/7/21.

    Docket Numbers: ER22-414-000.
    Applicants: AES Marketing and Trading, LLC.
    Description: Baseline eTariff Filing: AES Marketing and Trading,
LLC MBR Tariff to be effective 11/17/2021.
    Filed Date: 11/16/21.
    Accession Number: 20211116-5140.
    Comment Date: 5 p.m. ET 12/7/21.

    Docket Numbers: ER22-415-000.
    Applicants: Arlington Energy Center III, LLC.
    Description: Baseline eTariff Filing: Arlington Energy Center III,
LLC Application for Market-Based Rate Authorization to be effective 1/
16/2022.
    Filed Date: 11/16/21.
    Accession Number: 20211116-5172.
    Comment Date: 5 p.m. ET 12/7/21.

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

    Docket Numbers: ES22-23-000.
    Applicants: Basin Electric Power Cooperative.
    Description: Application Under Section 204 of the Federal Power Act
for Authorization to Issue Securities of Basin Electric Power
Cooperative.
    Filed Date: 11/16/21.
    Accession Number: 20211116-5183.
    Comment Date: 5 p.m. ET 12/7/21.

    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by 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 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: November 16, 2021.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2021-25402 Filed 11-19-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 75, Number 248 (Tuesday, December 28, 2010)]
[Notices]
[Pages 81593-81594]
[FR Doc No: 2010-32642]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP11-46-000]

Kern River Gas Transmission Company; Notice of Application

December 21, 2010.
    Take notice that on December 9, 2010, Kern River Gas Transmission
Company (Kern River), 2755 E. Cottonwood Parkway, Suite 300, Salt Lake
City, Utah 84121, filed in the above referenced docket an application
pursuant to section 7(c) of the Natural Gas Act (NGA) and Part 157 of
the Commission's regulations, for an order granting a certificate of
public convenience to construct and operate the Mountain Pass Lateral
and appurtenant facilities, all as more fully set forth in the
application which is on file with the Commission and open to public
inspection. The filing may also be viewed on the web at http://www.ferc.gov using the ``eLibrary'' link. Enter the docket number
excluding the last three digits in the docket number field to access
the document. For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or TTY,
contact<PHONE_NUMBER>.
    Specifically, the Mountain Pass lateral is an 8.6-mile, 8-inch
diameter pipeline routing generally south from Kern River mainlines
along the western edge of Ivanpah Valley, over the Clark Mountains, and
terminating on Molycorp property. Also, as part of the project Kern
River proposes to construct a new meter station, capable of measuring
and delivering 24,270 dekatherms per day (Dth/d) of natural gas, and a
pig receiver facility to be located at the Molycorp facility.
    Any questions concerning this application may be directed to
Michael Loeffler, Senior Director, Certificates, Kern River Gas
Transmission Company, MidAmerican Energy Pipeline Group, 1111 South
103rd Street, Omaha, Nebraska 68124, at<PHONE_NUMBER>.
    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9,
within 90 days of this Notice the Commission staff will either:
Complete its environmental assessment (EA) and

place it into the Commission's public record (eLibrary) for this
proceeding; or issue a Notice of Schedule for Environmental Review. If
a Notice of Schedule for Environmental Review is issued, it will
indicate, among other milestones, the anticipated date for the
Commission staff's issuance of the final environmental impact statement
(FEIS) or EA for this proposal. The filing of the EA in the
Commission's public record for this proceeding or the issuance of a
Notice of Schedule for Environmental Review will serve to notify
federal and state agencies of the timing for the completion of all
necessary reviews, and the subsequent need to complete all federal
authorizations within 90 days of the date of issuance of the Commission
staff's FEIS or EA.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below, file with the Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit 7 copies of filings made with the Commission and must mail a
copy to the applicant and to every other party in the proceeding. Only
parties to the proceeding can ask for court review of Commission orders
in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commentors will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commentors will not be required to serve copies of filed
documents on all other parties. However, the non-party commentors will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    The Commission strongly encourages electronic filings of comments,
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 e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

    Comment Date: January 11, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2010-32642 Filed 12-27-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 6 (Thursday, January 9, 2014)]
[Notices]
[Pages 1665-1666]
[FR Doc No: 2014-00223]

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SECURITIES AND EXCHANGE COMMISSION

[File No. 500-1]

Order of Suspension of Trading; In the Matter of Matech Corp.,
MNC Corporation (a/k/a Monaco Coach Corporation), Pacific Fuel Cell
Corp., and Penn Octane Corporation

January 7, 2014.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Matech Corp. because it has not filed any periodic reports since the
period ended September 30, 2009.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
MNC Corporation (a/k/a Monaco Coach Corporation) because it has not
filed any periodic reports since the period ended September 27, 2008.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Pacific Fuel Cell Corp. because it has not filed any

periodic reports since the period ended June 30, 2008.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Penn Octane Corp. because it has not filed any periodic reports since
the period ended March 31, 2009.
    The Commission is of the opinion that the public interest and the
protection of investors require a suspension of trading in the
securities of the above-listed companies. Therefore it is ordered,
pursuant to Section 12(k) of the Securities Exchange Act of 1934, that
trading in the securities of the above-listed companies is suspended
for the period from 9:30 a.m. EST on January 7, 2014, through 11:59
p.m. EST on January 21, 2014.

    By the Commission.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2014-00223 Filed 1-7-14; 11:15 am]
BILLING CODE 8011-01-P


[Federal Register: November 29, 2010 (Volume 75, Number 228)]
[Notices]
[Page 73116-73117]
[DOCID:fr29no10-117]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID: FEMA-2007-0008]

National Advisory Council Teleconference Meeting

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice of teleconference meeting.

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

SUMMARY: The National Advisory Council (NAC) will be holding a
teleconference meeting for the purpose of discussing and gathering
feedback on the National Disaster Housing Task Force's Practitioners'
Guide to Disaster Housing.

DATES: Meeting Date: Thursday, December 16, 2010 from approximately 2
p.m. EST to 4 p.m. EST.
    Comment Date: Written comments must be received by Thursday,
December 9, 2010.

ADDRESSES: The meeting will be held via teleconference only. Members of
the public who wish to obtain the listen-only call-in number, access
code, and other information for the public teleconference may contact
Alyson Price as listed in the FOR FURTHER INFORMATION CONTACT section
by Thursday, December 9, 2010. All written comments must be received by
Thursday, December 9, 2010. All submissions received must include the
Docket ID FEMA-2007-0008 and may be submitted by any one of the
following methods:
    Federal Rulemaking Portal: http://www.regulations.gov. Follow the
instructions for submitting comments on the Web site.
    E-mail<EMAIL_ADDRESS>Include Docket ID FEMA-2007-0008 in the
subject line of the message.
    Facsimile:<PHONE_NUMBER>.
    Mail: FEMA, Office of Chief Counsel, 500 C Street, SW., Room 840,
Washington, DC 20472-3100.
    Hand Delivery/Courier: FEMA, Office of Chief Counsel, 500 C Street,
SW., Room 840, Washington, DC 20472-3100.
    Instructions: All submissions received must include the Docket ID:
FEMA-2007-0008. Comments received will also be posted without
alteration at http://www.regulations.gov, including any personal
information provided. You may want to read the Privacy Act Notice,
which is found via the Privacy Notice link in the footer of http://
www.regulations.gov.

    Docket: For access to the docket to read documents or comments
received by the National Advisory Council, go to http://
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Alyson Price, Designated Federal
Officer, FEMA, 500 C Street, SW., Room 832, Washington, DC 20472-3100,
telephone<PHONE_NUMBER>, fax<PHONE_NUMBER>, and e-mail<EMAIL_ADDRESS>
The NAC Web site is located at: http://www.fema.gov/about/nac/.

SUPPLEMENTARY INFORMATION: Notice of this meeting is required under the
Federal Advisory Committee Act (FACA), Public Law 92-463, as amended (5
U.S.C. App. 1, et seq.).
    The National Disaster Housing Task Force (NDHTF) provides a full-
time, multi-agency focus on disaster housing related issues and seeks
to elevate the significance of disaster housing preparedness in all
jurisdictions. FEMA will conduct a public teleconference with the
National Advisory Council (NAC) to brief them and gather feedback on
the NDHTF Practitioners' Guide to Disaster Housing (Practitioners'
Guide) document currently under development by the NDHTF.
    The Practitioners' Guide will provide guidance for State, Tribal,
territory, and local disaster housing assistance practitioners to
develop disaster housing strategies that improve responsiveness. It
emphasizes the cooperative efforts required to provide disaster housing
assistance by encouraging the involvement of private sector and non-
governmental agencies.
    The meeting is open to the public. Persons with disabilities who
require special assistance should advise the Designated Federal Officer
of their anticipated special needs as early as possible. Although
members of the public will not be allowed to comment orally during the
meeting, they may file a written statement with the NAC before the date
of the meeting. For those wishing to submit written comments, please
follow the procedure described in the ADDRESSES section.

    Dated: November 22, 2010.
W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2010-29908 Filed 11-26-10; 8:45 am]
BILLING CODE 9111-48-P


[Federal Register Volume 76, Number 200 (Monday, October 17, 2011)]
[Rules and Regulations]
[Pages 64010-64015]
[FR Doc No: 2011-26766]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 2

[EPA-HQ-OAR-2009-0924; FRL-9479-8]

Special Rules Governing Certain Information Obtained Under the
Clean Air Act: Technical Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: The EPA is taking direct final action to correct an erroneous
reference in EPA's procedures for handling data required under the
Mandatory Greenhouse Gas Reporting Rule, which are provided in the
Special Rules Governing Certain Information Obtained Under the Clean
Air Act. This correction does not change any requirements for entities
regulated under the Mandatory Greenhouse Gas Reporting Rule or the
final confidentiality determinations that EPA has made for such data.

DATES: This rule is effective on December 1, 2011 without further
notice, unless the EPA receives adverse comment by November 16, 2011.
If we receive adverse comment by this date, we will publish a timely
withdrawal notice in the Federal Register to inform the public that
this rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2009-0924, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Mail: Environmental Protection Agency, EPA Docket Center
(EPA/DC), Mailcode 6102T, Attention Docket ID

No. EPA-HQ-OAR-2009-0924, 1200 Pennsylvania Avenue, NW., Washington, DC
20460.
     Hand Delivery: EPA Docket Center, Public Reading Room, EPA
West Building, Room 3334, 1301 Constitution Avenue, NW., Washington, DC
20004. Such deliveries are only accepted during the Docket's normal
hours of operation, and special arrangements should be made for
deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2009-0924. The 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 for
which 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 that the 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 the 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, the 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 the EPA cannot read your comment
due to technical difficulties and cannot contact you for clarification,
the 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 the
EPA's public docket, visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
at http://www.regulations.gov or in hard copy at the Air Docket office,
EPA/DC, EPA West, Room B102, 1301 Constitution Ave., NW., Washington,
DC. This Docket Facility is open from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays. The telephone number for the
Public Reading Room is<PHONE_NUMBER>, and the telephone number for the
Air Docket is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Carole Cook, Climate Change Division,
Office of Atmospheric Programs (MC-6207J), Environmental Protection
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone
number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>For technical information and implementation
materials, please go to the Web site http://www.epa.gov/climatechange/emissions/ghgrulemaking.html. To submit a question, select Rule Help
Center, then select Contact Us.

SUPPLEMENTARY INFORMATION:

Why is EPA using a direct final rule?

    The EPA is publishing this rule without a prior proposal because we
view this as a noncontroversial action and anticipate no adverse
comment. This change simply revises one section of 40 CFR part 2,
subpart B, to correct and clarify a reference. This correction does not
alter the requirements for entities regulated by the Mandatory
Greenhouse Gas Reporting Rule (40 CFR part 98, hereinafter ``part
98''), nor does it affect the final confidentiality determinations for
part 98 data that EPA has made through rulemaking. However, in the
``Proposed Rules'' section of today's Federal Register, we are
publishing a separate notice that will serve as the proposed rule for
this correction should EPA receive adverse comment on this direct final
rule. We will not institute a second comment period on this action. Any
parties interested in commenting must do so by the comment deadline
listed in the DATES section of this document. For further information
about commenting on this rule, see the ADDRESSES section of this
document.
    If the EPA receives adverse comment, we will publish a timely
withdrawal notice in the Federal Register to inform the public that
this direct final rule will not take effect. In that case, we would
address all public comments in any subsequent final rule based on the
proposed rule.
    Submitting CBI. Do not submit CBI to the EPA through http://www.regulations.gov or by e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to the EPA, mark the outside of the disk or CD-ROM
as CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information marked as CBI will not be disclosed except in accordance
with procedures set forth in 40 CFR part 2.

Does this action apply to me?

    The entities potentially affected by this final rule include those
listed in Table 1 of this preamble:

                               Table 1--Examples of Affected Entities by Category
----------------------------------------------------------------------------------------------------------------
                   Category                          NAICS               Examples of affected facilities
----------------------------------------------------------------------------------------------------------------
General Stationary Fuel Combustion Sources....  ...............  Facilities operating boilers, process heaters,
                                                                  incinerators, turbines, and internal
                                                                  combustion engines:
                                                            211  Extractors of crude petroleum and natural gas.
                                                            321  Manufacturers of lumber and wood products.
                                                            322  Pulp and paper mills.
                                                            325  Chemical manufacturers.
                                                            324  Petroleum refineries, and manufacturers of coal
                                                                  products.
                                                  316, 326, 339  Manufacturers of rubber and miscellaneous
                                                                  plastic products.
                                                            331  Steel works, blast furnaces.
                                                            332  Electroplating, plating, polishing, anodizing,
                                                                  and coloring.
                                                            336  Manufacturers of motor vehicle parts and
                                                                  accessories.

                                                            221  Electric, gas, and sanitary services.
                                                            622  Health services.
                                                            611  Educational services.
Electricity Generation........................           221112  Fossil-fuel fired electric generating units,
                                                                  including units owned by Federal and municipal
                                                                  governments and units located in Indian
                                                                  Country.
Adipic Acid Production........................           325199  Adipic acid manufacturing facilities.
Aluminum Production...........................           331312  Primary Aluminum production facilities.
Ammonia Manufacturing.........................           325311  Anhydrous and aqueous ammonia manufacturing
                                                                  facilities.
Cement Production.............................           327310  Portland Cement manufacturing plants.
Electronics Manufacturing.....................           334111  Microcomputers manufacturing facilities.
                                                         334413  Semiconductor, photovoltaic (solid-state)
                                                                  device manufacturing facilities.
                                                         334419  LCD unit screens manufacturing facilities.
                                                ...............  MEMS manufacturing facilities.
Ferroalloy Production.........................           331112  Ferroalloys manufacturing facilities.
Fluorinated Gas Production....................           325120  Industrial gases manufacturing facilities.
Glass Production..............................           327211  Flat glass manufacturing facilities.
                                                         327213  Glass container manufacturing facilities.
                                                         327212  Other pressed and blown glass and glassware
                                                                  manufacturing facilities.
HCFC-22 Production and HFC-23 Destruction.....           325120  Chlorodifluoromethane manufacturing facilities.
Hydrogen Production...........................           325120  Hydrogen manufacturing facilities.
Iron and Steel Production.....................           331111  Integrated iron and steel mills, steel
                                                                  companies, sinter plants, blast furnaces,
                                                                  basic oxygen process furnace shops.
Lead Production...............................           331419  Primary lead smelting and refining facilities.
                                                         331492  Secondary lead smelting and refining
                                                                  facilities.
Lime Manufacturing............................           327410  Calcium oxide, calcium hydroxide, dolomitic
                                                                  hydrates manufacturing facilities.
Magnesium Production..........................           331419  Primary refiners of nonferrous metals by
                                                                  electrolytic methods.
                                                         331492  Secondary magnesium processing plants.
Nitric Acid Production........................           325311  Nitric acid manufacturing facilities.
Petroleum and Natural Gas Systems.............           486210  Pipeline transportation of natural gas.
                                                         221210  Natural gas distribution facilities.
                                                            211  Extractors of crude petroleum and natural gas.
                                                         211112  Natural gas liquid extraction facilities.
Petrochemical Production......................            32511  Ethylene dichloride manufacturing facilities.
                                                         325199  Acrylonitrile, ethylene oxide, methanol
                                                                  manufacturing facilities.
                                                         325110  Ethylene manufacturing facilities.
                                                         325182  Carbon black manufacturing facilities.
Petroleum Refineries..........................           324110  Petroleum refineries.
Phosphoric Acid Production....................           325312  Phosphoric acid manufacturing facilities.
Pulp and Paper Manufacturing..................           322110  Pulp mills.
                                                         322121  Paper mills.
                                                         322130  Paperboard mills.
Silicon Carbide Production....................           327910  Silicon carbide abrasives manufacturing
                                                                  facilities.
Soda Ash Manufacturing........................           325181  Alkalies and chlorine manufacturing facilities.
                                                         212391  Soda ash, natural, mining and/or beneficiation.
Electrical Transmission and Distribution                 221121  Electric bulk power transmission and control
 Equipment Use.                                                   facilities.
Titanium Dioxide Production...................           325188  Titanium dioxide manufacturing facilities.
Underground Coal Mines........................           212113  Underground anthracite coal mining operations.
                                                         212112  Underground bituminous coal mining operations.
Zinc Production...............................           331419  Primary zinc refining facilities.
                                                         331492  Zinc dust reclaiming facilities, recovering
                                                                  from scrap and/or alloying purchased metals.
Municipal Solid Waste Landfills...............           562212  Solid waste landfills.
                                                         221320  Sewage treatment facilities.
Industrial Wastewater Treatment...............           322110  Pulp mills.
                                                         322121  Paper mills.
                                                         322122  Newsprint mills.
                                                         322130  Paperboard mills.
                                                         311611  Meat processing facilities.
                                                         311411  Frozen fruit, juice, and vegetable
                                                                  manufacturing facilities.
                                                         311421  Fruit and vegetable canning facilities.
                                                         325193  Ethanol manufacturing facilities.
Suppliers of Coal Based Liquids Fuels.........           211111  Coal liquefaction at mine sites.
Suppliers of Petroleum Products...............           324110  Petroleum refineries.
Suppliers of Natural Gas and NGLs.............           221210  Natural gas distribution facilities.
                                                         211112  Natural gas liquid extraction facilities.

Suppliers of Industrial Greenhouse Gases......           325120  Industrial gas manufacturing facilities.
Suppliers of Carbon Dioxide (CO2).............           325120  Industrial gas manufacturing facilities.
Importers and Exporters of Fluorinated                   423730  Air-conditioning equipment (except room units)
 Greenhouse Gases in Pre-charged Equipment or                     merchant wholesalers.
 Closed-Cell Foams.
                                                         333415  Air-conditioning equipment (except motor
                                                                  vehicle) manufacturing.
                                                         336391  Motor vehicle air-conditioning manufacturing.
                                                         423620  Air-conditioners, room, merchant wholesalers.
                                                         443111  Household appliance stores.
                                                         423730  Automotive air-conditioners merchant
                                                                  wholesalers.
                                                         326150  Polyurethane foam products manufacturing.
                                                         335313  Circuit breakers, power, manufacturing.
                                                         423610  Circuit breakers merchant wholesalers.
Geologic Sequestration of Carbon Dioxide......              N/A  CO2 geologic sequestration projects.
Electrical Equipment Manufacture or                       33531  Power transmission and distribution switchgear
 Refurbishment.                                                   and specialty transformers manufacturing
                                                                  facilities.
Industrial Waste Landfills....................           562212  Solid waste landfills.
                                                         221320  Sewage treatment facilities.
                                                         322110  Pulp mills.
                                                         322121  Paper mills.
                                                         322122  Newsprint mills.
                                                         322130  Paperboard mills.
                                                         311611  Meat processing facilities.
                                                         311411  Frozen fruit, juice, and vegetable
                                                                  manufacturing facilities.
                                                         311421  Fruit and vegetable canning facilities.
Injection of Carbon Dioxide...................              211  Oil and gas extraction projects using CO2
                                                                  enhanced oil and gas recovery.
                                                      211111 or  Projects that inject acid gas containing CO2
                                                         211112   underground.
----------------------------------------------------------------------------------------------------------------

    Table 1 of this preamble is not intended to be exhaustive, but
rather provides a guide for readers regarding facilities likely to be
affected by this action and 40 CFR part 98. Table 1 of this preamble
lists the types of facilities that the EPA is now aware could be
affected by this action. Other types of facilities not listed in the
table could also be affected. To determine whether your facility is
affected by this action, you should carefully examine the applicability
criteria found in 40 CFR part 98, subpart A, and other subparts as
necessary. If you have questions regarding the applicability of this
action to a particular facility, consult the person listed in the
preceding FOR FURTHER INFORMATION CONTACT section.

Table of Contents

I. Background of Final Rule
II. What is the technical correction to 40 CFR 2.301(d)?
III. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act (RFA)
    D. Unfunded Mandates Reform Act (UMRA)
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
    H. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
    K. Congressional Review Act

I. Background of Final Rule

    On May 26, 2011, the EPA published the Final Confidentiality
Determinations for Data Required Under the Mandatory Greenhouse Gas
Reporting Rule and Amendments to Special Rules Governing Certain
Information Obtained Under the Clean Air Act (76 FR 30782). In that
final rule, pursuant to CAA section 114(c), the EPA made
confidentiality determinations for certain data elements in part 98.
The EPA made these determinations through rulemaking pursuant to CAA
section 307(d). (See 76 FR 30782: ``The Administrator determined that
this action is subject to the provisions of the Clean Air Act (CAA)
section 307(d).'')
    In addition, in the same notice, the EPA amended 40 CFR 2.301 by
adding a new subsection 2.301(d) that establishes specific procedures
for the EPA's handling of data collected under part 98 in accordance
with the EPA's final confidentiality determinations for the data. (See
76 FR 30782, 30784, 30815 (May 26, 2011); see also 75 FR 39094, 39098,
39102-03 (July 7, 2010).) Subsection 2.301(d) authorizes the EPA to
release or withhold as confidential data collected under part 98 based
on confidentiality determinations EPA makes through rulemaking without
taking further procedural steps.

II. What is the technical correction to 40 CFR 2.301(d)?

    This direct final rule corrects a minor technical error in 40 CFR
2.301(d). Specifically, paragraph (d) erroneously cites the
Administrative Procedure Act (hereinafter referred to as ``APA''), 5
U.S.C. 553(c), instead of CAA section 307(d), as the authority under
which confidentiality determinations for part 98 data are made. This
action corrects the erroneous reference.\1\
---------------------------------------------------------------------------

    \1\ Paragraph (d) also references CAA section 307(d), which is
correct.
---------------------------------------------------------------------------

    It is clear from the preambles to both the proposed and final
confidentiality

determinations rule and the accompanying amendment to 40 CFR 2.301 that
the procedures established under 40 CFR 2.301(d) relate to
confidentiality determinations made in that rule, which were made under
CAA sections 114(c) and 307(d). The public comments on that rulemaking
also indicated this understanding (see, e.g., comment EPA-HQ-OAR-2009-
0924-0064.1, comment excerpt 6). However, 40 CFR 2.301(d) inadvertently
cites 5 U.S.C. 553(c) instead of CAA 307(d) in its reference to the
final confidentiality determination rule. While there appears to be no
confusion due to this error, EPA believes that we should make this
correction to avoid any potential for confusion in the future.

III. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    This action is not a ``significant regulatory action'' under the
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is
therefore not subject to review under Executive Orders 12866 and 13563
(76 FR 3821, January 21, 2011).

B. Paperwork Reduction Act

    The correction to 40 CFR part 2 does not impose any information
collection burden.

C. Regulatory Flexibility Act (RFA)

    The RFA generally requires an agency to prepare a regulatory
flexibility analysis of any rule subject to notice and comment
rulemaking requirements under the Administrative Procedure Act or any
other statute unless the agency certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
Small entities include small businesses, small organizations, and small
governmental jurisdictions. For purposes of assessing the impacts of
the amendments on small entities, small entity is defined as: (1) A
small business as defined by the Small Business Administration's
regulations at 13 CFR 121.201; (2) a small governmental jurisdiction
that is a government of a city, county, town, school district or
special district with a population of less than 50,000; and (3) a small
organization that is any not-for-profit enterprise which is
independently owned and operated and is not dominant in its field.
After considering the economic impacts of today's correction to the
citation in 40 CFR part 2 on small entities, I certify that this action
will not have a significant economic impact on a substantial number of
small entities. In determining whether a rule has a significant
economic impact on a substantial number of small entities, the impact
of concern is any significant adverse economic impact on small
entities, since the primary purpose of the regulatory flexibility
analyses is to identify and address regulatory alternatives ``which
minimize any significant economic impact of the rule on small
entities.'' 5 U.S.C. 603 and 604. Thus, an agency may certify that a
rule will not have a significant economic impact on a substantial
number of small entities if the rule relieves regulatory burden, or
otherwise has a positive economic effect on all of the small entities
subject to the rule.
    This rule will not impose any new requirement on small entities
that are not currently required by part 98. The amendments to 40 CFR
part 2 are administrative in nature. Therefore, this rule does not have
a significant economic impact on a substantial number of small
entities.

D. Unfunded Mandates Reform Act (UMRA)

    This action contains no federal mandates under the provisions of
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C.
1531-1538 for state, local, or tribal governments or the private
sector. The action imposes no enforceable duty on any state, local or
tribal governments or the private sector. Therefore, this action is not
subject to the requirements of sections 202 or 205 of the UMRA. This
action is also not subject to the requirements of section 203 of UMRA
because it contains no regulatory requirements that might significantly
or uniquely affect small governments. The correction in this final rule
revises a citation reference in one section of 40 CFR part 2, subpart B
to confirm the original intention of the reference by correcting the
citation to statutory authority.

E. Executive Order 13132: Federalism

    This change to 40 CFR part 2 does not have federalism implications.
It will not have substantial direct effects on the states, on the
relationship between the national government and the states, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132. However, for a more
detailed discussion about how part 98 relates to existing state
programs, please see Section II of the preamble to the final part 98
rule (74 FR 56266).
    The correction to 40 CFR part 2 is administrative in nature and
applies to data reported under Part 98 by facilities that directly emit
GHGs or supply fuel or chemicals that may emit GHGs when used. Part 98
does not apply to governmental entities unless the government entity
owns a facility that directly emit GHGs above threshold levels such as
large stationary combustion sources or landfills, so relatively few
government facilities would be affected. The change to 40 CFR part 2
also does not limit the power of states or local governments to collect
GHG data or regulate GHG emissions. Thus, Executive Order 13132 does
not apply to this correction.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action is not expected to have Tribal implications, as
specified in Executive Order 13175 (65 FR 67249, November 9, 2000),
because this action is administrative in nature and does not impose any
new requirements on Tribes. Thus, Executive Order 13175 does not apply
to this action.

G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 (62 FR 19885, April 23,
1997) as applying only to those regulatory actions that concern health
or safety risks, such that the analysis required under section 5-501 of
the Executive Order has the potential to influence the regulation. This
action is not subject to Executive Order 13045 because it does not
establish an environmental standard intended to mitigate health or
safety risks.

H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use

    This action is not a ``significant energy action'' as defined in
Executive Order 13211 (66 FR 28355, May 22, 2001), because it is not
likely to have a significant adverse effect on the supply,
distribution, or use of energy. The amendments to 40 CFR part 2 are
administrative in nature and therefore do not have any adverse impacts
on energy supply, distribution, or use.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law No. 104-113, 12(d) (15 U.S.C. 272 note)

directs the EPA to use voluntary consensus standards in its regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus standards bodies. NTTAA directs the EPA to provide
Congress, through OMB, explanations when the Agency decides not to use
available and applicable voluntary consensus standards.
    This change to 40 CFR part 2 is administrative in nature and does
not involve technical standards. Therefore, the EPA did not consider
the use of any voluntary consensus standards.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
    The EPA has determined that the direct final action will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because the correction
noted does not affect the level of protection provided to human health
or the environment. The change to 40 CFR part 2 is administrative in
nature and therefore does not affect the level of protection provided
to human health or the environment.

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this rule and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the U.S. 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). This rule will be effective December 1, 2011.

List of Subjects in 40 CFR Part 2

    Environmental protection, Administrative practice and procedure,
Reporting and recordkeeping requirements.

    Dated: October 11, 2011.
Lisa P. Jackson,
Administrator.
    For the reasons stated in the preamble, title 40, chapter I, of the
Code of Federal Regulations is amended as follows:

PART 2--[AMENDED]

0
1. The authority citation for part 2 continues to read as follows:

    Authority:  5 U.S.C. 301, 552 (as amended), 553; sec. 114, Clean
Air Act (as amended) (42 U.S.C. 7414).

Subpart B--[Amended]

Sec.  2.301  [Amended]

0
2. Section 2.301 is amended by:
0
a. In paragraph (d)(1) introductory text, revising the phrase
``pursuant to section 114(c) of the Clean Air Act and 5 U.S.C. 553(c)''
to read ``pursuant to sections 114(c) and 307(d) of the Clean Air
Act''.
0
b. In the first sentence of paragraph (d)(2), revising the phrase
``pursuant to section 114(c) of the Clean Air Act and 5 U.S.C. 553(c)''
to read ``pursuant to sections 114(c) and 307(d) of the Clean Air
Act''.
0
c. In the first sentence of paragraph (d)(3), revising the phrase
``pursuant to section 114(c) of the Clean Air Act and 5 U.S.C. 553(c)''
to read ``pursuant to sections 114(c) and 307(d) of the Clean Air
Act''.
0
d. In the second sentence of paragraph (d)(4) introductory text,
revising the phrase ``pursuant to section 114(c) of the Clean Air Act
and 5 U.S.C. 553(c)'' to read ``pursuant to sections 114(c) and 307(d)
of the Clean Air Act''.
0
e. In paragraph (d)(4)(i), revising the phrase ``pursuant to section
114(c) of the Clean Air Act and 5 U.S.C. 553(c)'' to read ``pursuant to
sections 114(c) and 307(d) of the Clean Air Act''.

[FR Doc. 2011-26766 Filed 10-14-11; 8:45 am]
BILLING CODE 6560-50-P