EPA REGISTRATION DIVISION COMPANY NOTICE OF FILING FOR PESTICIDE PETITIONS PUBLISHED IN THE FEDERAL REGISTER

EPA Registration Division contact: [Heather McFarley<PHONE_NUMBER>]

INSTRUCTIONS:  Please utilize this outline in preparing the pesticide petition.  In cases where the outline element does not apply, please insert "NA-Remove" and maintain the outline. Please do not change the margins, font, or format in your pesticide petition. Simply replace the instructions that appear in green, i.e., "[insert company name]," with the information specific to your action.

TEMPLATE:

[Albaugh, LLC]

[Insert petition number]

	EPA has received a pesticide petition ([insert petition number]) from [Albaugh, LLC], [1535 36[th] St. NE, Ankeny, IA 50021] requesting, pursuant to section 408(d) of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a(d), to amend 40 CFR part 180

(Options (pick one)        	1. by establishing a tolerance for residues of

	2. to establish an exemption from the requirement of a tolerance for

	[oxyfluorfen] in or on the raw agricultural commodity [rice] at [0.01] parts per million (ppm).  EPA has determined that the petition contains data or information regarding the elements set forth in section 408 (d)(2) of FDDCA; however, EPA has not fully evaluated the sufficiency of the submitted data at this time or whether the data supports granting of the petition. Additional data may be needed before EPA rules on the petition.

A. Residue Chemistry

	1. Plant metabolism. [The qualitative nature of the residue in plants is adequately understood based on acceptable metabolism studies conducted on tomatoes (fruiting vegetable), onions (bulb vegetable), and peaches (stone fruit) and rotational crops. The terminal residue of concern is oxyfluorfen.]

	2. Analytical method. [Rice samples were extracted with an acetonitrile:water mixture.  The acetonitrile fraction was collected, and brought to final volume, filtered and analyzed using LC-MS/MS assay.  For grain, the LOQ was 0.01 ppm and the LOD was 0.002 ppm.]

	3. Magnitude of residues. [Sixteen field trials of rice were established in typical rice producing areas of the United States. At each trial location one or more rice plots were treated at a target rate of 1.5 lb ai/A.  Residue levels in rice grain samples were below the limit of detection (<0.002 ppm) for all control and treated plots with the exception of one plot treated with 1.5 lb ai/A at the 4-leaf rice stage in which two rice grain samples showed levels below the method LOQ of 0.010 ppm at 0.004 and 0.002 ppm.  Four additional plots were established for the purpose of producing rice grain for processing.  At the first two plots, the rice was treated at pre-emergence timing eitherat an excess (5x) rate of 7.5 lb. ai/A or at an excess (2X) rate of 5 lb ai/A.  Rice at the second two excess rate plots were treated two times (pre-emergent followed by the 4-leaf stage) at a 2X rate (1.0 lb ai/A+ 2.0 lb ai/A) and a 5X rate (2.5 lb ai/+ 5.0 lb ai/A).  Residue levels in the rice grain from both excess rate treated plots were below the limit of detection of 0.002 ppm (ND).  Because there were no detectable residues in the excess rate treated rice grain, the grain was not processed and concentration factors were not calculated.]

B. Toxicological Profile

	1. Acute toxicity.  [Oxyfluorfen has low acute toxicity via the oral, dermal, and inhalation routes (Toxicity Category IV). It is a slight eye and dermal irritant and is not a dermal sensitizer.]

	2. Genotoxicty. [The technical material (96-99% a.i.) was tested in several genetic toxicology studies which included assessments of gene mutation, chromosomal aberrations, and DNA damage. All assays were negative, except for one Ames assay using the older 72% technical material which was positive only at high, insoluble levels. A subsequent Ames assay with 96% material was negative.]

	3. Reproductive and developmental toxicity. [In a rabbit developmental toxicity study, the relevant maternal and developmental NOAELs were 30 mg/kg bw/day, whereas in rats they were 1000 mg/kg bw/day.  The maternal NOAEL is 30 mg/kg/day. The maternal LOAEL is 90 mg/kg/day, based on decreased number of live fetuses/doe. The developmental NOAEL is 30 mg/kg/day. The developmental LOAEL is 90 mg/kg/day based on decreased number of live fetuses/doe.  In a rat developmental toxicity study, no effects were observed up to the limit dose and the relevant maternal and developmental NOAELs were 1000 mg/kg bw/day.

In a multigeneration study in rats, the relevant parental, offspring and reproductive NOAELs were 400 ppm (M: 30.9, F: 33 mg/kg bw/day), 400 ppm (M: 30.9, F: 33 mg/kg bw/day) and 1600 ppm (M: 120, F:131 mg/kg bw/day), respectively. Reductions in body weight of offspring and histopathologic alteration of the kidneys of parents were observed with a dose of oxyfluorfen of 120-131 mg/kg/day.  The LOAEL for the reproduction toxicity study was not established.  The LOAEL for offspring is 120-131 mg/kg/day, based on decreased pup body weight and smaller litter size. There were no effects on reproduction parameters in the database.

	4. Subchronic toxicity. [Mild liver toxicity was described in the 1997 subchronic rat study which used the 98% technical material. Increased liver weight was accompanied by very slight increases in liver enzyme activities and minimal histopathologic changes. Similar effects also occurred in the other subchronic and chronic rat, mouse, and dog studies. There were typically few histopathological lesions seen in the liver, although hepatocyte necrosis did occur in the mouse and dog studies.]

	5. Chronic toxicity. [Adverse effects on the liver marked the LOEL in all three chronic toxicity studies with NOELs of 18.5, 57, and 3 mg/kg/day seen in the dog, rat, and mouse studies, respectively. A statistically significant positive dose-related trend for liver adenomas and carcinomas was observed in the chronic mouse study.  The study was used to set the Q1* (7.32 x 10[-2] (mg/kg/d)[-1])]

	6. Animal metabolism. [The metabolism of oxyfluorfen was studied in rats.  Oxyfluorfen is rapidly absorbed, distributed, metabolized, and excreted following oral administration in rats. Recovery of radioactivity was high for most groups (84.34-99.58% of administered dose). The feces was the major route of excretion with up to ten metabolites found in the fececes.  Major metabolites were formed by o-deethylation, reduction of the nitro group, conjugation, and diphenyl ether cleavage.]

	7. Metabolite toxicology. [Oxyfluorfen does not produce a toxic metabolite and therefore no toxicity data exist for metabolites of oxyfluorfen.]

	8. Endocrine disruption. [The toxicity studies required by EPA for the registration of pesticides measure numerous endpoints with sufficient sensitivity to detect potential endocrine modulating activity. No effects have been identified in acute, subchronic, chronic, reproductive, or developmental toxicity studies to indicate any endocrine modulating activity by oxyfluorfen.  More importantly, the multi-generation reproduction study in rodents is a complex study design which measures a broad range of endpoints in the reproductive system and in developing offspring that are sensitive to alterations by chemical agents. Oxyfluorfen has been tested in two separate multigeneration studies and each time the results demonstrated that oxyfluorfen is not a reproductive toxin.  Oxyfluorfen is on List 2 for the EDSP Tier I battery of screening assays.]

C. Aggregate Exposure

	1. Dietary exposure. [Highly refined chronic and cancer dietary (food and drinking water) exposure and risk assessments for oxyfluorfen were conducted.  The assessment used the Dietary Exposure Evaluation Model software with the Food Commodity Intake Database (DEEM-FCID) Version 3.16, which uses 2003-2008 food consumption data from the U.S. Department of Agriculture's (USDA's) National Health and Nutrition Examination Survey/What We Eat in America, (NHANES/WWEIA).]

	i. Food. [The risk assessment incorporated the average percent crop treated estimates: almond 65%; apple 5%; apricot 35%; artichoke 40%; avocado 1%; broccoli 35%; cabbage 30%; caneberry 15%; cauliflower 55%; cherry 20%; corn 1%; cotton 1%; date 1%; grape raisin 40%; grape 20%; grape wine 40%; onion 75%; peaches 25%; pear 15%; pecan 1%; pistachio 40%; plums/prunes 45%; soybean 1%; and walnut 60%. For the remaining commodities, the applicant assumed 100% crop treated. No acute dietary exposure and risk analysis is required since no toxicological effect was observed from acute (single) dose exposure via the dietary route suitable for assessing acute risk for either the general population or for females 13-49 years of age. The chronic dietary exposure and risk estimates are highly refined and incorporate mean residue level from monitoring data from the United States Department of Agriculture's (USDA's) Pesticide Data Program (PDP), average percent crop treated (%CT) estimates reported by the Biological and Economic Analysis Division (BEAD), and HED's 2018 default processing factors. PDP data were used for a majority of commodities due to the significant impact on the cancer dietary exposure estimates.

An EDWC was based on the coffee and forestry surface water model. The addition of rice as a new use does not affect the chronic dietary (food and drinking water) exposure seen in previous assessments and risk estimates do not exceed HED's LOC (less than 100% of the cPAD) for the general US population and all population subgroups. The most highly exposed population subgroup was all infants (< 1 year old) at 1.4% of the cPAD.  The Agency has classified oxyfluorfen as a Group C, "possible" human carcinogen. The cancer dietary exposure and risk estimate is highly refined and incorporates mean residue levels from PDP monitoring residues, average %CT estimates, and default processing factors. A modeled EDWC from EFED for the coffee scenario was used in the assessment. The addition of rice as a new use does not significantly affect the cancer dietary (food and drinking water) exposure seen in previous assessments for the general US population and all population subgroups.]

	ii. Drinking water. [The petitioner used screening level water exposure models in the dietary exposure analysis and risk assessment for oxyfluorfen in drinking water. These simulation models take into account data on the physical, chemical, and fate/transport characteristics of oxyfluorfen.  A modeled EDWC from EFED for the coffee scenario was used in the assessment. The maximum use rate of oxyfluorfen on rice is 1.5 lb ai/A and is no greater than the maximum annual application rates approved for other crops. The addition of rice as a new use does not significantly affect the cancer dietary (food and drinking water) exposure seen in previous assessments for the general US population and all population subgroups.]

	2. Non-dietary exposure. [Oxyfluorfen is a broad spectrum pre- and post-emergent herbicide used to control annual broadleaf and grassy weeds in corn, cotton, soybeans, fruit, nut trees and ornamentals.  There are no residential uses of oxyfluorfen on rice.]

D. Cumulative Effects

	[EPA has not made a common mechanism of toxicity finding as to oxyfluorfen and any other substances, and oxyfluorfen does not appear to produce a toxic metabolite produced by other substances. For the purposes of this action, therefore, EPA has not assumed that oxyfluorfen has a common mechanism of toxicity with other substances.]

E. Safety Determination

	1. U.S. population. [EPA must consider and aggregate (add) pesticide exposures and risks from three major sources: food, drinking water, and residential exposures. In an aggregate assessment, exposures from relevant sources are added together and compared to quantitative estimates of hazard (e.g., a NOAEL or PAD), or the risks themselves can be aggregated. When aggregating exposures and risks from various sources, HED considers both the route and duration of exposure.

	Acute aggregate risk:  No acute population adjusted dose (aPAD) was selected for the general U.S. population or any population subgroups (including infants and children); therefore, no acute aggregate risk assessment was conducted.

Short-term Aggregate risk:  Since there are no homeowner uses of oxyfluorfen, residential post-application exposure is expected to be negligible. Therefore, the short-term aggregate risk for children is equal to the dietary (food and drinking water) risk estimates and are not of concern. There are no short-term aggregate risks of concern for adults.

Chronic Aggregate risk:  The chronic aggregate risk assessment combines exposures to oxyfluorfen in food and drinking water only. The chronic (food and drinking water) exposure and risk estimates were <2% of the cPAD for all population subgroups; therefore, there are no chronic aggregate risk estimates of concern.

Cancer Aggregate risk: A cancer aggregate assessment was conducted for the most highly exposed adult population subgroup, the General US population, with a cancer dietary (food and drinking water) exposure estimate of 0.000071 mg/kg/day. The cancer dietary exposure and risk estimate is highly refined and incorporates mean residue levels from PDP monitoring residues, average %CT estimates, and default processing factors. A modeled EDWC from EFED for the coffee scenario was used in the assessment. The addition of rice as a new use does not significantly affect the cancer dietary (food and drinking water) exposure seen in previous assessments for the general US population and all population subgroups.

Based on these risk assessments, the petitioner concludes that there is a reasonable certainty that no harm will result to the general population from aggregate exposure to oxyfluorfen residues from the use on rice.]

	2. Infants and children. [EPA has evaluated the toxicity database of oxyfluorfen with respect to the potential for special sensitivity of infants and children and concludes that there is low concern for pre- and postnatal susceptibility. The FQPA safety factor has been reduced to 1X because: (1) the toxicity database is adequate to characterize potential pre- and post-natal risk for infants and children; (2) there were no signs of neurotoxicity in the oxyfluorfen database; (3) no reproductive effects were observed in rats; (4) although there were developmental/offspring effects in the reproductive and developmental studies, these were seen in the presence of maternal/parental toxicity; and (5) the PODs selected for risk assessment purposes are protective of the developmental/offspring effects seen in the database. The chronic (food and drinking water) exposure and risk estimates were <2% of the cPAD for all population subgroups. The addition of rice as a new use does not significantly affect the cancer dietary (food and drinking water) exposure seen in previous assessments for the general US population and all population subgroups. Based on these risk assessments, the petitioner concludes that there is a reasonable certainty that no harm will result to infants and children from aggregate exposure to oxyfluorfen residues.]

F. International Tolerances

	[There are no Codex or Mexican MRLs for oxyfluorfen on rice.]


[Federal Register Volume 88, Number 19 (Monday, January 30, 2023)]
[Notices]
[Pages 5947-5948]
[FR Doc No: 2023-01735]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 34814; File No. 812-15375]

Fidelity Private Credit Fund and Fidelity Diversifying Solutions
LLC

January 24, 2023.
AGENCY: Securities and Exchange Commission (``Commission'' or ``SEC'').

ACTION: Notice.

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    Notice of an application under section 6(c) of the Investment
Company Act of 1940 (the ``Act'') for an exemption from sections
18(a)(2), 18(c) and 18(i) and section 61(a) of the Act.
    Summary of Application: Applicants request an order to permit
certain closed-end management investment companies that have elected to
be regulated as business development companies (``BDCs'') to issue
multiple classes of shares with varying sales loads and asset-based
service and/or distribution fees.
    Applicants: Fidelity Private Credit Fund and Fidelity Diversifying
Solutions LLC.
    Filing Dates: The application was filed on July 28, 2022 and
amended on August 19, 2022, and January 9, 2023.
    Hearing or Notification of Hearing: An order granting the requested
relief will be issued unless the Commission orders a hearing.
Interested persons may request a hearing on any application by emailing
the Commission's Secretary at [email protected] and serving the
Applicants with a copy of the request by email, if an email address is
listed for the relevant Applicant below, or personally or by mail, if a
physical address is listed for the relevant Applicant below.
    Hearing requests should be received by the Commission by 5:30 p.m.
on February 17, 2023, and should be accompanied by proof of service on
the Applicants, in the form of an affidavit or, for lawyers, a
certificate of service. Pursuant to rule 0-5 under the Act, hearing
requests should state the nature of the writer's interest, any facts
bearing upon the desirability of a hearing on the matter, the reason
for the request, and the issues contested. Persons who wish

to be notified of a hearing may request notification by emailing the
Commission's Secretary.

ADDRESSES: The Commission: [email protected]. Applicants:
[email protected].

FOR FURTHER INFORMATION CONTACT: Seth Davis, Senior Counsel or Terri G.
Jordan, Branch Chief, at<PHONE_NUMBER> (Division of Investment
Management, Chief Counsel's Office).

SUPPLEMENTARY INFORMATION: For Applicants' representations, legal
analysis, and conditions, please refer to Applicants' second amended
and restated application, dated January 9, 2023, which may be obtained
via the Commission's website by searching for the file number at the
top of this document, or for an Applicant using the Company name search
field, on the SEC's EDGAR system. The SEC's EDGAR system may be
searched at https://www.sec.gov/edgar/searchedgar/legacy/companysearch.html. You may also call the SEC's Public Reference Room
at<PHONE_NUMBER>.

    For the Commission, by the Division of Investment Management,
under delegated authority.
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-01735 Filed 1-27-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 72 (Thursday, April 14, 2011)]
[Rules and Regulations]
[Page 20843]
[FR Doc No: 2011-9051]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2011-0206]

Drawbridge Operation Regulation; Sacramento River, Sacramento, CA

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations.

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SUMMARY: The Commander, Eleventh Coast Guard District, has issued a
temporary deviation from the regulation governing the operation of the
Tower Drawbridge across the Sacramento River, mile 59.0, at Sacramento,
CA. The deviation is necessary to allow the community to participate in
the Change of Pace Foundation's Capitol City Classic Foot Race. This
deviation allows the bridge to remain in the closed-to-navigation
position during the event.

DATES: This deviation is effective from 8 a.m. to 9 a.m. on April 17,
2011.

ADDRESSES: Documents mentioned in this preamble as being available in
the docket are part of docket USCG-2011-0206 and are available online
by going to http://www.regulations.gov, inserting USCG-2011-0206 in the
``Keyword'' box and then clicking ``Search''. They are also available
for inspection or copying at 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 rule,
call or e-mail David H. Sulouff, Chief, Bridge Section, Eleventh Coast
Guard District; telephone<PHONE_NUMBER>, e-mail
<EMAIL_ADDRESS>If you have questions on viewing the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.

SUPPLEMENTARY INFORMATION: The California Department of Transportation
has requested a temporary change to the operation of the Tower
Drawbridge, mile 59.0, Sacramento River, at Sacramento, CA. The Tower
Drawbridge navigation span provides a vertical clearance of 30 feet
above Mean High Water in the closed-to-navigation position. The draw
opens on signal from May 1 through October 31 from 6 a.m. to 10 p.m.
and from November 1 through April 30 from 9 a.m. to 5 p.m. At all other
times the draw shall open on signal if at least four hours notice is
given, as required by 33 CFR 117.189(a). Navigation on the waterway is
commercial and recreational.
    The drawspan will be secured in the closed-to-navigation position
from 8 a.m. to 9 a.m. on April 17, 2011 to allow the community to
participate in the Change of Pace Foundation's Capitol City Classic
Foot Race. This temporary deviation has been coordinated with waterway
users. There are no scheduled river boat cruises or anticipated levee
maintenance during this deviation period. No objections to the proposed
temporary deviation were raised.
    Vessels that can transit the bridge, while in the closed-to-
navigation position, may continue to do so at any time.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the designated
time period. This deviation from the operating regulations is
authorized under 33 CFR 117.35.

    Dated: April 4, 2011.
D.H. Sulouff,
District Bridge Chief, Eleventh Coast Guard District.
[FR Doc. 2011-9051 Filed 4-13-11; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 87, Number 30 (Monday, February 14, 2022)]
[Notices]
[Pages 8335-8336]
[FR Doc No: 2022-03017]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. FAA-2022-0187]

Agency Information Collection Activities: Requests for Comments;
Clearance of Renewed Approval of Information Collection: General
Operating and Flight Rules FAR 91 and FAR 107

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FAA
invites public comments about our intention to request the Office of
Management and Budget (OMB) approval to renew an information
collection. The collection involves the submission of an application to
obtain a Letter of Deviation Authority to permit flight instruction for
compensation or hire aboard experimental category aircraft under 14 CFR
91.319. The information to be collected will be used to determine
whether such flight instruction can be conducted safely.

DATES: Written comments should be submitted by April 15, 2022.

ADDRESSES: Please send written comments:
    By Electronic Docket: www.regulations.gov (Enter docket number into
search field).
    By mail: Dwayne C. Morris, 800 Independence Ave. SW, Washington, DC
20591.
    By email: [email protected].

FOR FURTHER INFORMATION CONTACT: Jabari Raphael by email at:
[email protected]; phone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) whether the proposed
collection of information is necessary for FAA's performance; (b) the
accuracy of the estimated burden; (c) ways for FAA to enhance the
quality, utility and clarity of the information collection; and (d)
ways that the burden could be minimized without reducing the quality of
the collected information. The agency will summarize and/or include
your comments in the request for OMB's clearance of this information
collection.
    OMB Control Number: 2120-0005.
    Title: General Operating and Flight Rules FAR 91 and FAR 107.
    Form Numbers: N/A.
    Type of Review: Renewal.
    Background: In 2004, the FAA published a final rule requiring
operators of experimental aircraft to apply for a Letter of Deviation
Authority (LODA) to conduct operations for compensation or hire under
14 CFR 19.319. See 69 FR 44771 (July 27, 2004). When publishing the
2004 final rule, the FAA inadvertently omitted its submission to the
OMB detailing the information collection burden under the Paperwork
Reduction Act (PRA). See 69 FR at 44858 (explaining estimated PRA
burden and OMB compliance requirements). As a result of this omission,
the existing OMB collection does not account for the PRA burden of
LODAs issued to operators under Sec.  91.319.
    In the 2004 final rule, the FAA also required that, beginning
January 31, 2010, all experimental light sport aircraft (ELSA)
operators would similarly need to apply for a LODA to conduct
operations for compensation or hire. 69 FR at 44853 (explaining LODA
requirements for ELSA operators). This additional LODA requirement--
published in the 2004 final rule with an effective date in 2010--was
also inadvertently not accounted for in the OMB's information
collection. As a result of these inadvertent omissions to OMB, the FAA
submits this Notice for Public Comment to ensure compliance with the
PRA.
    Importantly, the FAA has already requested and received public
comment on the anticipated PRA burden for obtaining a LODA for
experimental and ELSA aircraft operators. See 69 FR at 44858
(adjudicating comments from public regarding PRA burden). Thus, the FAA
notes that it considered comments from interested members of the public
when finalizing the LODA requirements under Sec.  91.319. In other
words, the FAA submits this Notice merely to ensure technical
compliance with the OMB's

PRA requirements, as a matter of diligence in meeting these
requirements and ensuring accuracy in recordkeeping procedures.
Therefore, the FAA does not anticipate any substantive impact from
submission of this Notice to ensure technical compliance.
    Respondents: 355 certificated flight instructors. There are
approximately 177 active LODA holders for operations under 14 CFR
91.319, and the FAA anticipates approximately 170 new applications per
year.
    Frequency: As needed. The duration of a LODA issued under Sec.
91.319 is four years.
    Estimated Average Burden per Response: 15 hours.
    Estimated Total Annual Burden: 2,250 hours per year.

    Issued in Washington, DC, on February 8, 2022.
Dwayne C. Morris,
Project Manager, Flight Standards Service, General Aviation and
Commercial Division.
[FR Doc. 2022-03017 Filed 2-11-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 81 (Wednesday, April 27, 2016)]
[Notices]
[Pages 24908-24909]
[FR Doc No: 2016-09722]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77679; File No. 4-631]

Joint Industry Plan; Order Approving the Tenth Amendment to the
National Market System Plan to Address Extraordinary Market Volatility
by Bats BZX Exchange, Inc., Bats BYX Exchange, Inc., Chicago Stock
Exchange, Inc., Bats EDGA Exchange, Inc., Bats EDGX Exchange, Inc.,
Financial Industry Regulatory Authority, Inc., NASDAQ BX, Inc., NASDAQ
PHLX LLC, The Nasdaq Stock Market LLC, National Stock Exchange, Inc.,
New York Stock Exchange LLC, NYSE MKT LLC, and NYSE Arca, Inc.

April 21, 2016.

I. Introduction

    On February 19, 2016, Nasdaq, Inc., on behalf of the other parties
\1\ to the National Market System Plan to Address Extraordinary Market
Volatility (the ``Plan''), filed with the Securities and Exchange
Commission (``Commission'') pursuant to Section 11A of the Securities
Exchange Act of 1934 (``Act'') \2\ and Rule 608 thereunder,\3\ a
proposal to amend the Plan.\4\ The proposal represents the tenth
amendment to the Plan, and reflects proposed changes unanimously
approved by the Participants (``Tenth Amendment''). The proposed Tenth
Amendment was published for comment in the Federal Register on February
29, 2016.\5\ The Commission received no comment letters regarding the
amendment. This order approves the Tenth Amendment to the Plan.
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    \1\ Nasdaq, Inc. filed on behalf of the following parties to the
Plan: Bats BZX Exchange, Inc., Bats BYX Exchange, Inc., Chicago
Stock Exchange, Inc., Bats EDGA Exchange, Inc., Bats EDGX Exchange,
Inc., Financial Industry Regulatory Authority, Inc., NASDAQ BX,
Inc., NASDAQ PHLX LLC, the Nasdaq Stock Market LLC, National Stock
Exchange, Inc., the New York Stock Exchange LLC, NYSE MKT LLC, and
NYSE Arca, Inc. (collectively, the ``Participants'').
    \2\ 15 U.S.C. 78k-1.
    \3\ 17 CFR 242.608.
    \4\ See Letter from Paul Roland, Principal, U.S. Equities,
Nasdaq, to Brent Fields, Secretary, Commission, dated February 18,
2016. (``Transmittal Letter'').
    \5\ See Securities Exchange Act Release No. 77205 (February 22,
2016), 81 FR 10315 (``Notice'').
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II. Description of the Proposal

    In the Tenth Amendment, the Participants propose to extend the
pilot period of the Plan from April 22, 2016 to April 21, 2017 and make
one modification to improve the operation of the Plan. Specifically,
the Participants propose to modify the definition of Opening Price \6\
in cases where the Primary Listing Exchange opens with quotations.
Currently, the Opening Price for NMS Stocks that open on the Primary
Listing Exchange with quotations is defined to be the midpoint of those
quotations. The Participants propose to modify the definition of
Opening Price in these circumstances to be the closing price of the NMS
Stock on the Primary Listing Exchange on the previous trading day, or
if no such closing price exists, the last sale on the Primary Listing
Exchange reported by the SIP. The Opening Price is used under the Plan
to determine the first Reference Price of the day.\7\
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    \6\ Unless otherwise specified, the terms used herein have the
same meaning as set forth in the Plan.
    \7\ Section V(B)(1) of the Plan provides that the first
Reference Price for a Trading Day shall be the Opening Price on the
Primary Listing Exchange in an NMS Stock if such Opening Price
occurs less than five minutes after the start of Regular Trading
Hours.
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III. Discussion and Commission Findings

    The Commission finds that the Tenth Amendment is consistent with
the requirements of the Act and the rules and regulations thereunder.
Specifically, the Commission finds that the Tenth Amendment is
consistent with Section 11A of the Act \8\ and Rule 608 thereunder \9\
in that it is appropriate in the public interest, for the protection of
investors and the maintenance of fair and orderly markets, and that it
removes impediments to, and perfects the mechanism of, a national
market system.
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    \8\ 15 U.S.C. 78k-1.
    \9\ 17 CFR 242.608.
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    The Participants presented data in the Transmittal Letter and the
Supplemental Joint Assessment \10\ that shows that use of the Primary
Listing Exchange's midpoint of the bid and ask often results in what
the Participants believe is a skewed initial Reference Price.\11\ The
Participants also presented data that showed that most Trading Pauses
occurred in securities that did not trade at or near the time of a
Trading Pause (i.e., those securities that opened on the midpoint of
the bid and ask on the Primary Listing Exchange).\12\ The Participants
performed a back-testing analysis to determine the impact on Trading
Pauses if the first Reference Price for the day was determined by using
the Primary Listing Exchange's closing price instead of the midpoint of
the Exchange's bid and ask.\13\
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    \10\ On May 28, 2015, the Participants submitted a Supplemental
Joint Assessment, as required under the Plan. The Supplemental Joint
Assessment is available on the SEC Web site at http://www.sec.gov/comments/4-631/4631-39.pdf. Under the Plan, the Participants were
required to provide the Commission with a joint assessment relating
to the impact of the Plan and the calibration of the Percentage
Parameters by assessing certain identified areas. See Appendix
B.III.
    \11\ See Transmittal Letter, supra note 4 and Notice, supra note
5, at Chart 1, Table 9, Table 11, Table 12, and Table 13. See also
Supplemental Joint Assessment Section V.
    \12\ Id. at Table 9, Table 11, Table 12, and Table 13.
    \13\ Id. at Table 10, Table 11, Table 12, and Table 13.
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    Based on their data, the Participants found that the majority of
Trading Pauses could have been avoided if the previous day's closing
price was used as the first Reference Price rather than the midpoint of
the bid and ask for stocks that opened without transactions.\14\
Therefore, the Participants recommend modifying the Plan to amend the
definition of Opening Price so that the first Reference Price when
there is no opening transaction is the Primary Listing Exchange's
previous day's closing price.
---------------------------------------------------------------------------

    \14\ See Transmittal Letter, supra note 4 and Notice, supra note
5.
---------------------------------------------------------------------------

    The Commission believes that it is appropriate in the public
interest, for the protection of investors and the maintenance of a fair
and orderly market to approve the amendment to modify the definition of
Opening Price. The Commission believes that the modification of the
Opening Price definition is appropriate to potentially prevent Trading
Pauses that are not indicative of extraordinary volatility.\15\
---------------------------------------------------------------------------

    \15\ Consistent with their representations set forth in the
Notice, the Commission expects the Participants to implement the
amendment to the definition of Opening Price within three months of
the date of this order.
---------------------------------------------------------------------------

    The Participants also propose to amend Section VIII(C) of the Plan
to extend the pilot period through April 21, 2017. The Commission
believes that it is appropriate in the public interest, for the
protection of investors and the maintenance of a fair and orderly
market to approve the amendment to extend the pilot period until April
21, 2017 because it will allow the Participants to conduct, and the
Commission to consider, further analysis of data, including data
related to the impact of the revised definition of Opening Price,
regarding the operation of the Plan. An extension of the pilot period
also will allow the Participants to finalize and file with the
Commission any proposed amendments to the Plan resulting from such
further analysis.
    The Commission understands the Participants are conducting
additional review of certain aspects of the operation of the Plan and
expects that

the Participants will provide additional recommendations, as necessary,
relating to: (i) The harmonization of current clearly erroneous
execution rules with the Plan, such that clearly erroneous execution
rules could not be used to break trades occurring within the Price
Bands absent a legitimate technical failure at a Self-Regulatory
Organization; (ii) a review of exchange-traded products (ETPs), to
determine whether adjustments should be made to the Plan to account for
the particular trading characteristics of ETPs; (iii) a review of other
issues with the operation of the Plan that may have been revealed by
the events of August 24, 2015, including the impact of double-wide
Price Bands during the opening period, and the advisability of
coordinated reopening procedures; and (iv) potential enhancements to
the categorization of securities into different tiers. An extension of
the pilot period of the Plan will allow the Participants' ongoing
review and analysis to take place and inform any subsequent amendments
to the Plan. The Commission believes that a one-year extension of the
Pilot will provide the Participants with sufficient time to analyze the
impact of change to the definition of Opening Price on the Plan's
operation, as well as complete analyses of the other outstanding
matters described above.
    For the reasons noted above, the Commission finds that the Tenth
Amendment to the Plan is consistent with Section 11A of the Act \16\
and Rule 608 thereunder.\17\ The Commission reiterates its expectation
that the Participants will continue to monitor the scope and operation
of the Plan and study the data produced, and will propose any
modifications to the Plan that may be necessary or appropriate.\18\
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78k-1.
    \17\ 17 CFR 242.608.
    \18\ See Securities Exchange Act Release No. 67091 (May 31,
2012), 77 FR 33498 (June 6, 2012).
---------------------------------------------------------------------------

IV. Conclusion

    It is therefore ordered, pursuant to Section 11A of the Act \19\
and Rule 608 thereunder,\20\ that the Tenth Amendment to the Plan (File
No. 4-631) be, and it hereby is, approved.
---------------------------------------------------------------------------

    \19\ 15 U.S.C. 78k-1.
    \20\ 17 CFR 242.608.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\21\
---------------------------------------------------------------------------

    \21\ 17 CFR 200.30-3(a)(29).
---------------------------------------------------------------------------

Brent J. Fields,
Secretary.
[FR Doc. 2016-09722 Filed 4-26-16; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 185 (Friday, September 23, 2016)]
[Rules and Regulations]
[Pages 65531-65532]
[FR Doc No: 2016-22749]

========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.

========================================================================

Federal Register / Vol. 81, No. 185 / Friday, September 23, 2016 /
Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2016-6138; Airspace Docket No. 16-AEA-3]

Amendment of Class E Airspace; Indiana, PA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action amends Class E Airspace at Indiana, PA, to
accommodate the new runway at Indiana County Airport (Jimmy Stewart
Field). This action enhances the safety and management of Instrument
Flight Rules (IFR) operations at the airport. This action also updates
the geographic coordinates of the airport.

DATES: Effective 0901 UTC, November 10, 2016. The Director of the
Federal Register approves this incorporation by reference action under
title 1, Code of Federal Regulations, part 51, subject to the annual
revision of FAA Order 7400.11 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.11A, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed on line at http://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW., Washington DC 20591; telephone:<PHONE_NUMBER>.
The Order is also available for inspection at the National Archives and
Records Administration (NARA). For information on the availability of
FAA Order 7400.11A at NARA, call<PHONE_NUMBER>, or go to http://www.archives.gov/federal_register/code_of_federal-regulations/ibr_locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

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

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part, A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it amends Class E airspace at Indiana County Airport (Jimmy Stewart
Field), Indiana, PA.

History

    On June 24, 2016, the FAA published in the Federal Register a
notice of proposed rulemaking (NPRM) to amend Class E airspace
extending upward from 700 feet above the surface at Indiana County
Airport (Jimmy Stewart Field), Indiana, PA, (81 FR 41279) Docket No.
FAA-2016-6138, to accommodate the new runway at the airport. Interested
parties were invited to participate in this rulemaking effort by
submitting written comments on the proposal to the FAA. No comments
were received.
    Class E airspace designations are published in paragraph 6005 of
FAA Order 7400.11A dated August 3, 2016, and effective September 15,
2016, which is incorporated by reference in 14 CFR part 71.1. The Class
E airspace designations listed in this document will be published
subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

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

The Rule

    This amendment to Title 14, Code of Federal Regulations (14 CFR)
part 71 amends Class E airspace extending upward from 700 feet above
the surface within an 8.2-mile radius of Indiana County Airport (Jimmy
Stewart Field), Indiana, PA, with a segment extending from the 8.2-mile
radius to 13.6 miles east of the airport.
    Airspace reconfiguration is necessary to support the new runway,
and for continued safety and management of IFR operations at the
airport. The geographic coordinates of the airport are adjusted to
coincide with the FAA's aeronautical database.

Regulatory Notices and Analyses

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

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,''

paragraph 5-6.5a. This airspace action is not expected to cause any
potentially significant environmental impacts, and no extraordinary
circumstances exist that warrant preparation of an environmental
assessment.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

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

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

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

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

Sec.  71.1   [Amended]

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

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

* * * * *

AEA PA E5 Indiana, PA [Amended]

Indiana County Airport (Jimmy Stewart Field), PA
    (Lat. 40[deg]37'52'' N., long. 79[deg]06'05'' W.)

    That airspace extending upward from 700 feet above the surface
within an 8.2-mile radius of Indiana County Airport (Jimmy Stewart
Field), and within 2-miles each side of the 096[deg] bearing of the
airport, extending from the 8.2-mile radius to 13.6 miles east of
the airport.

    Issued in College Park, Georgia, on September 7, 2016.
Joey L. Medders,
Acting Manager, Operations Support Group, Eastern Service Center, Air
Traffic Organization.
[FR Doc. 2016-22749 Filed 9-22-16; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 109 (Thursday, June 6, 2019)]
[Notices]
[Page 26461]
[FR Doc No: 2019-11890]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-86012; File No. 013-00114]

Initial Form ATS-N Filing; Notice of Extension of Commission
Review Period

June 3, 2019.
    On February 8, 2019, IBKR ATS filed an initial Form ATS-N (``Form
ATS-N'') with the Securities and Exchange Commission (``Commission'').
Pursuant to Rule 304 under the Securities and Exchange Act of 1934
(``Act''), the Commission may, after notice and an opportunity for
hearing, declare an initial Form ATS-N ineffective no later than 120
days from the date of filing with the Commission, or, if applicable,
the extended review period. June 8, 2019 is 120 calendar days from the
date of filing. Pursuant to Rule 304(a)(1)(iv)(B), the Commission may
extend the initial Form ATS-N review period for up to an additional 120
calendar days if the initial Form ATS-N is unusually lengthy or raises
novel or complex issues that require additional time for review.
    IBKR ATS was operating pursuant to an initial operation report on
Form ATS on file with the Commission as of January 7, 2019.\1\ IBKR ATS
filed an initial Form ATS-N on February 8, 2019. During the initial 120
calendar day review period, the Commission staff has been reviewing the
disclosures on IBKR ATS's initial Form ATS-N. In addition, the staff
has been engaged in ongoing discussions with IBKR ATS about its
disclosures and manner of operations, as well as the requirements of
Form ATS-N, to facilitate complete and comprehensible disclosures that
reflect the complexities of those operations.
---------------------------------------------------------------------------

    \1\ An NMS Stock ATS (as defined in Rule 300(k) of Regulation
ATS) that was operating pursuant to an initial operation report on
Form ATS on file with the Commission as of January 7, 2019 is a
``Legacy NMS Stock ATS.'' 17 CFR 242.301(b)(2)(viii).
---------------------------------------------------------------------------

    Form ATS-N requires NMS Stock ATSs to file with the Commission, and
disclose to the public for the first time, certain information,
including descriptions by the NMS Stock ATSs of their fees, the trading
activities by their broker-dealer operators and their affiliates in the
NMS Stock ATSs, their use of market data, their written standards for
granting access to trading on the NMS Stock ATSs, and their written
safeguards and procedures for protecting their subscribers'
confidential trading information required by revised Rule 301(b)(10) of
Regulation ATS. The initial Form ATS-N disclosures and discussions with
Commission staff have revealed complexities about the operations of
Legacy NMS Stock ATSs including, among other things, matching
functionalities, means of order entry, order interaction and execution
procedures, conditional order processes, segmentation of orders, and
counterparty selection protocols. The Commission staff needs additional
time to review novel and complex issues such as these, which Commission
staff has discussed with IBKR ATS. Extending the initial Form ATS-N
Commission review period for an additional 120 calendar days will
provide Commission staff an opportunity to continue its review of the
initial Form ATS-N disclosures and discussions with IBKR ATS.
    In the conversations between IBKR ATS and Commission staff about
the initial Form ATS-N disclosures and the ATS operations, Commission
staff and IBKR ATS have discussed a potential amendment to update IBKR
ATS's disclosures regarding the complexities of its operations.
Extending the review period will enable the NMS Stock ATS to amend its
disclosures, if appropriate, and allow Commission staff to conduct a
thorough review of amendments to the initial disclosures provided on
the initial Form ATS-N.
    For the reasons given above, the Commission is extending the review
period of the initial Form ATS-N submitted by IBKR ATS. Accordingly,
pursuant to Rule 304(a)(1)(iv)(B), October 6, 2019 is the date by which
the Commission may declare the initial Form ATS-N submitted by IBKR ATS
ineffective.

    By the Commission.
Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019-11890 Filed 6-5-19; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 83 (Tuesday, April 30, 2013)]
[Proposed Rules]
[Pages 25229-25231]
[FR Doc No: 2013-10161]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2013-0274; Airspace Docket No. 13-ACE-2]

Proposed Establishment of Class E Airspace; Stockton, KS

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to establish Class E airspace at
Stockton, KS. Controlled airspace is necessary to accommodate new
Standard Instrument Approach Procedures (SIAP) at Rooks County Regional
Airport. The FAA is

taking this action to enhance the safety and management of Instrument
Flight Rules (IFR) operations for SIAPs at the airport.

DATES: Comments must be received on or before June 14, 2013.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590-0001. You
must identify the docket number FAA-2013-0274/Airspace Docket No. 13-
ACE-2, at the beginning of your comments. You may also submit comments
through the Internet at http://www.regulations.gov. You may review the
public docket containing the proposal, any comments received, and any
final disposition in person in the Dockets Office between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The Docket Office
(telephone 1-800-647-5527), is on the ground floor of the building at
the above address.

FOR FURTHER INFORMATION CONTACT: Scott Enander, Central Service Center,
Operations Support Group, Federal Aviation Administration, Southwest
Region, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone: 817-321-
7716.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in
triplicate to the address listed above. Commenters wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2013-0274/
Airspace Docket No. 13-ACE-2.'' The postcard will be date/time stamped
and returned to the commenter.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's Web page at http://www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received and any final disposition in person in the Dockets
Office (see ADDRESSES section for address and phone number) between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. An
informal docket may also be examined during normal business hours at
the office of the Central Service Center, 2601 Meacham Blvd., Fort
Worth, TX 76137.
    Persons interested in being placed on a mailing list for future
NPRMs should contact the FAA's Office of Rulemaking<PHONE_NUMBER>, to
request a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.

The Proposal

    This action proposes to amend Title 14, Code of Federal Regulations
(14 CFR), Part 71 by establishing Class E airspace extending upward
from 700 feet above the surface within a 7-mile radius, with an
extension to the south, to accommodate new standard instrument approach
procedures at Rooks County Regional Airport, Stockton, KS. Controlled
airspace is needed for the safety and management of IFR operations at
the airport.
    Class E airspace areas are published in Paragraph 6005 of FAA Order
7400.9W, dated August 8, 2012 and effective September 15, 2012, which
is incorporated by reference in 14 CFR 71.1. The Class E airspace
designation listed in this document would be published subsequently in
the Order.
    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore, (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a Regulatory Evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the U.S. Code. Subtitle 1, Section 106 describes
the authority of the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the agency's authority.
This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would establish controlled airspace at Rooks County Regional
Airport, Stockton, KS.

Environmental Review

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

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (Air).

The Proposed Amendment

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

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

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

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

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9W,
Airspace Designations and Reporting Points, dated August 8, 2012, and
effective September 15, 2012, is amended as follows:

Paragraph 6005 Class E Airspace areas extending upward from 700
feet or more above the surface of the earth.

* * * * *

ACE KS E5 Stockton, KS [New]

Stockton, Rooks County Regional Airport, KS
    (Lat. 39[deg]20'48'' N., long. 99[deg]18'17'' W.)

    That airspace extending upward from 700 feet above the surface
within a 7-mile radius of Rooks County Regional Airport, and within
2 miles each side of the 181[deg] bearing from the airport extending
from the 7-mile radius to 10.1 miles south of the airport.

    Issued in Fort Worth, TX on April 11, 2013.
David P. Medina,
Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2013-10161 Filed 4-29-13; 8:45 am]
BILLING CODE 4901-13-P


[Federal Register Volume 79, Number 185 (Wednesday, September 24, 2014)]
[Rules and Regulations]
[Pages 56955-56962]
[FR Doc No: 2014-22148]

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

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

29 CFR Parts 1910 and 1926

[Docket No. OSHA-S215-2006-0063]
RIN 1218-AB67

Electric Power Generation, Transmission, and Distribution;
Electrical Protective Equipment; Corrections

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

ACTION: Correcting amendments.

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

SUMMARY: On April 11, 2014 (79 FR 20316), the Occupational Safety and
Health Administration published a final rule: Revising the general
industry standards for electric power generation, transmission, and
distribution work and for electrical protective equipment; revising the
construction standard for electric power transmission and distribution
work; and adopting a new construction standard for electrical
protective equipment. The final rule updated those standards and made
the general industry and construction standards consistent. This
document corrects errors in the preamble and regulatory text of the
final rule.

DATES: These corrections become effective on September 24, 2014.

FOR FURTHER INFORMATION CONTACT:
    General information and press inquiries: Mr. Frank Meilinger,
Office of Communications, Room N3647, OSHA, U.S. Department of Labor,
200 Constitution Avenue NW., Washington, DC 20210; telephone (202) 693-
1999; email<EMAIL_ADDRESS>    Technical information: Mr. William Perry, Directorate of Standards
and Guidance, Room N3718, OSHA, U.S. Department of Labor, 200
Constitution Avenue NW., Washington, DC 20210; telephone<PHONE_NUMBER>
or fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: On April 11, 2014, OSHA published a final
rule: (1) Revising its general industry and construction standards at
29 CFR 1910.269 and 29 CFR part 1926, subpart V, respectively; (2)
revising its general industry standard for electrical protective
equipment at 29 CFR 1910.137 and adding a corresponding standard for
construction at 29 CFR 1926.97; and (3) revising several other related
provisions in OSHA's standards for general industry and construction
(79 FR 20316).
    OSHA has identified some errors in the preamble and regulatory
text. One of those errors is in OSHA's explanation of training
requirements for unqualified employees. The preamble stated that
unqualified employees who operate, but do not maintain, circuit
breakers must receive training in accordance with Sec.
1910.269(a)(2)(i) or Sec.  1926.950(b)(1) (79 FR 20348-20349). However,
as noted in several other places in the preamble, in general, neither
Sec.  1910.269 nor subpart V govern the electrical safety-related work
practices used by unqualified employees. (See, for example, 79 FR
20339, 20348, and 20410.) As described later, OSHA is correcting the
preamble discussion at 79 FR 20349 to indicate that such unqualified
employees generally must receive training under Sec.  1910.332 or Sec.
1926.21(b), as applicable.
    In addition, Appendix A-2 to final Sec.  1910.269 inaccurately
describes how to determine whether Sec.  1910.269 or subpart S of part
1910 contains the applicable requirements for electrical safety-related
work practices. The flow chart in that appendix asks whether the
employee is qualified ``as defined in Sec.  1910.269(x).'' In subpart
V, final Sec.  1926.950(a)(1)(ii) states explicitly that subpart V does
not apply to electrical safety-related work practices for unqualified
employees. Thus, for the purposes of subpart V, if a worker is not a
qualified employee as defined in Sec.  1926.968, subpart V does not
address the electrical safety-related work practices that employee must
use. However, the exemption in final (and the previous version of)
Sec.  1910.269(a)(1)(ii)(B) is less direct, excluding electrical
safety-related work practices covered by subpart S of part 1910. In
subpart S, Sec.  1910.331(b) provides that Sec. Sec.  1910.332 through
1910.335, which address training, selection and use of work practices,
use of equipment, and safeguards for personnel protection, apply to
work performed by unqualified persons on, near, or with electric power
generation, transmission, or distribution installations. Consequently,
the

electrical safety-related work practices for employees who are not
qualified persons (employees) as that term is defined in subpart S
(Sec.  1910.399) are in subpart S, not Sec.  1910.269. However, Sec.
1910.269 does apply to electrical safety-related work practices for
employees who are qualified under subpart S, but not qualified under
Sec.  1910.269.\1\ This class of employee includes, in particular,
line-clearance tree trimmers, as explained in the preamble to the 1994
final rule adopting the previous version of Sec.  1910.269 (59 FR 4320,
4336, 4409-4410, Jan. 31, 1994). For this reason, OSHA is correcting
the first question in the flow chart in Appendix A-2 to Sec.  1910.269
so that it refers to the definition of ``qualified'' in Sec.  1910.399
instead of the definition of that term in Sec.  1910.269(x).
---------------------------------------------------------------------------

    \1\ With respect to the example provided at 79 FR 20348-20349,
it is possible that a worker operating, but not maintaining, a
circuit breaker could be qualified under subpart S, but not under
Sec.  1910.269. In that case, the training requirements in Sec.
1910.269(a)(2)(i) would apply instead of the requirements in Sec.
1910.332. Because OSHA believes such cases are relatively rare, the
Agency is clarifying the preamble to address the more likely case in
which the worker is not qualified under subpart S and Sec.  1910.269
does not apply.
---------------------------------------------------------------------------

    Table 1 to Appendix A-2 lists, in separate columns, paragraphs in
Sec.  1910.269 that apply regardless of compliance with subpart S and
paragraphs in Sec.  1910.269 for which compliance with subpart S is
deemed to be compliance with Sec.  1910.269. This table in the final
rule inadvertently lists the paragraph numbers as they appeared in the
previous version of Sec.  1910.269. OSHA is correcting these references
to match the corresponding provisions in the final rule. OSHA is also
adding references to new provisions that have no counterpart in subpart
S to the list of provisions requiring compliance regardless of
compliance with subpart S (specifically, the information-transfer
requirements in Sec.  1910.269(a)(3) and the requirements on protection
from flames and electric arcs in Sec.  1910.269(l)(8)). In addition,
the Agency is moving Sec.  1910.269(i)(3) on portable and vehicle-
mounted generators from the list of provisions that apply regardless of
compliance with subpart S to the list of provisions for which
compliance with subpart S is deemed to be compliance with Sec.
1910.269. When OSHA adopted the previous version of Sec.  1910.269 in
1994, subpart S did not contain requirements for portable or vehicle-
mounted generators. However, the 2007 revisions to the installation
requirements in subpart S included provisions equivalent to those in
Sec.  1910.269(i)(3) (72 FR 7136; Feb. 14, 2007). Those subpart S
requirements appear in Sec.  1910.304(g)(3).
    OSHA also found an error in the regulatory text of final Sec.
1910.269(h), which contains requirements for portable ladders and
platforms. In the preamble to the final rule, OSHA explained why the
Agency did not apply final Sec.  1926.955(b)(1) to portable ladders as
follows:

    Paragraph (b)(1) of final Sec.  1926.955 requires portable
platforms to be capable of supporting without failure at least 2.5
times the maximum intended load in the configurations in which they
are used. Paragraph (b)(1) in the proposed rule also applied this
requirement to portable ladders. However, Sec.  1926.1053(a)(1),
which also applies, already specifies the strength of portable
ladders. Having two standards with different strength requirements
for portable ladders would be confusing. Consequently, OSHA revised
Sec.  1926.955(b)(1) in the final rule so that it covers only
portable platforms. [79 FR 20405]

    Section 1926.1053 does not apply to portable ladders used in work
covered by Sec.  1910.269, and the general industry requirements for
portable ladders in subpart D of part 1910 do not contain comparable
requirements for the strength of portable wood ladders (Sec.  1910.25)
or metal ladders (Sec.  1910.26) and do not address portable fiberglass
ladders at all. Consequently, the rationale behind OSHA's decision to
drop portable ladders from final Sec.  1926.955(b)(1) does not apply to
the equivalent requirement in final Sec.  1910.269(h)(2)(i). However,
in adopting that provision in final Sec.  1910.269, OSHA copied the
language from final Sec.  1926.955(b)(1), thus inadvertently dropping
the strength requirement for portable ladders from the general industry
provision. This document corrects that oversight and restores the
language from the previous version of the standard.\2\
---------------------------------------------------------------------------

    \2\ The previous version of Sec.  1910.269(h)(2)(iv) required
portable ladders to be capable of supporting without failure at
least 2.5 times the maximum intended load in the configurations in
which they are used.
---------------------------------------------------------------------------

    Corrections. This document corrects errors in the preamble of that
final rule, as follows:

                                                    Preamble
----------------------------------------------------------------------------------------------------------------
      Page            Column               Lines                                 Correction
----------------------------------------------------------------------------------------------------------------
20316..........  2..............  18-21, from the top....  Change the sentence beginning ``The final rule
                                                            removes the requirement'' to read: ``The final rule
                                                            revises the general industry standard on foot
                                                            protection, 29 CFR 1910.136, to require employers to
                                                            ensure that each affected employee uses protective
                                                            footwear when the use of protective footwear will
                                                            protect the affected employee from an electrical
                                                            hazard, such as a static-discharge or electric-shock
                                                            hazard, that remains after the employer takes other
                                                            necessary protective measures.''
20317..........  3..............  21-24, from the top....  Change the sentence beginning ``The final rule
                                                            removes the requirement'' to read: ``The final rule
                                                            revises the general industry standard on foot
                                                            protection, 29 CFR 1910.136, to require employers to
                                                            ensure that each affected employee uses protective
                                                            footwear when the use of protective footwear will
                                                            protect the affected employee from an electrical
                                                            hazard, such as a static-discharge or electric-shock
                                                            hazard, that remains after the employer takes other
                                                            necessary protective measures.''
20319..........  1..............  13, from the top.......  Change ``$17.2'' to ``$17.3.''
20326..........  2..............  27, from the bottom....  Change ``1971'' to ``1972.''
20327..........  2..............  7, from the bottom       Change ``CPL 02-00-148'' to ``CPL 02-00-150.''
                                   (footnote 13).
20329..........  2..............  11, from the bottom,     Change ``hose, gloves, and sleeves'' to ``hose,
                                   not counting the         covers, gloves, and sleeves.''
                                   footnote.
20349..........  1..............  7-15, from the top.....  Replace the two sentences starting with ``Thus,
                                                            assuming that these workers are not qualified''
                                                            with: ``Thus, assuming that these workers are not
                                                            qualified employees, they generally need to receive
                                                            only the training required by 1910.332 for general
                                                            industry work and 1926.21(b) for construction
                                                            work.''

20374..........  3..............  9, from the top........  Change ``this paragraph'' to ``paragraph (d)(2).''
20378..........  1..............  33-34, from the top....  Change the sentence reading: ``OSHA rejects ConEd's
                                                            recommendation'' to read: ``OSHA does not share
                                                            ConEd's concerns.''
20378..........  2..............  20, from the bottom,     Change ``will enable the entrant'' to ``will enable
                                   not counting the         the attendant.''
                                   footnote.
20379..........  3..............  1-3, from the bottom...  Change footnote 96 to read: ``OSHA revised and
                                                            reissued this SHIB as ``Calibrating and Testing
                                                            Direct-Reading Portable Gas Monitors,'' SHIB 09-30-
                                                            2013, which is available at https://www.osha.gov/dts/shib/shib093013.html.''
20401..........  3..............  10, from the bottom,     Change ``certify'' to ``determine.''
                                   not counting the
                                   footnote.
20405..........  2..............  29, from the top.......  Insert ``of final Sec.   1926.955'' after ``through
                                                            (b)(4).''
20409..........  2..............  25, from the top.......  Change ``that the IEEE standard does not contain'' to
                                                            ``that IEEE standards available at the time do not
                                                            contain.''
20421..........  2..............  10-13, from the bottom,  Change the sentence beginning ``For phase-to-ground
                                   not counting the         exposures'' to read: ``For phase-to-ground
                                   footnote.                exposures, the saturation factor will be increased
                                                            slightly, resulting in larger minimum approach
                                                            distances.''
20427..........  2..............  6, from the bottom.....  Add the following sentence before the sentence
                                                            beginning ``Finally'': ``Table V-6 in the final rule
                                                            specifies alternative minimum approach distances for
                                                            work done at elevations not exceeding 900 meters
                                                            (3,000 feet) for system voltages of 72.6 kilovolts
                                                            and more.''
20432..........  3..............  35, from the top.......  Change ``opening'' to ``closing.''
20432..........  3..............  37, from the top.......  Change ``closing'' to ``opening.''
20436..........  2..............  1, from the top........  In the equation, highlight ``(C + a)V L	GT''. (Note
                                                            that this equation is in the second column, below
                                                            Equation (1).)
20437..........  1..............  3, from the bottom of    In the second line of footnote 222, change ``a'' to
                                   the footnotes.           ``a.''
20439..........  3..............  First line over (and     Change ``transient overvoltage on the line'' to ``per-
                                   immediately before)      unit transient overvoltage on the line.''
                                   Equation (3).
20440..........  1..............  11, from the top.......  Add ``It'' before ``is well recognized.'' (Note that
                                                            from this point to the end of that paragraph is
                                                            quoted material.)
20443..........  2..............  3, from the bottom, not  Add ``electrical component of the'' before ``minimum
                                   counting the footnotes.  approach distance.''
20444..........  N/A............  N/A....................  Change the heading for the third column of the table
                                                            in the middle of the page to read: ``Modified Gallet
                                                            formula.''
20451..........  2..............  12, from the top.......  Add ``maximum'' before ``use.''
20462..........  2..............  1, from the bottom       Add the following sentence at the end of the
                                   (footnote 282).          footnote: ``The Linhard letter is available at:
                                                            https://www.osha.gov/pls/oshaweb/
                                                            owadisp.showdocument?ptable=INTERPRETATIONS&pid=2555
                                                            7.''
20463..........  2..............  23, from the bottom      Add the following text immediately preceding the
                                   (footnote 285).          period at the end of the footnote: ``(that is,
                                                            maintained so that equipment is in good operating
                                                            condition).''
20466..........  3..............  12, from the top.......  Change ``1,000'' to ``15,000'' in both places.
20469..........  3..............  1-2, from the bottom     Change the hyperlink in the footnote to: ``http://
                                   (footnote 316).          www.kinectrics.com/Solutions/Pages/Arc-Hazard-
                                                            Services.aspx.''
20471..........  N/A............  N/A....................  Change the figure number from ``Figure 1'' to
                                                            ``Figure 10.''
20472..........  2..............  30-37, from the top....  In the sentence reading, ``In addition, the NFPA 70E
                                                            Annex D method produces an incident-energy level of
                                                            1254 cal/cm\2\ for an exposure involving a three-
                                                            phase arc in open air for a system of 800 kilovolts
                                                            with a fault current of 20,000 amperes, a clearing
                                                            time of 54.5 cycles, and a distance from the
                                                            employee to the arc of 2,200 meters (86.6 inches)''
                                                            change ``1254 cal/cm\2\'' to ``1,537 cal/cm\2\'' and
                                                            change ``2,200 meters'' to ``2,200 millimeters.''
20476..........  3..............  10, from the bottom,     Add ``and input parameters'' after ``methods.''
                                   not counting the
                                   footnote or Table 12.
20477..........  N/A............  16, from the top (in     Change ``IEEE 1584-2011'' to ``IEEE 1584b-2011.''
                                   Note 5 to Table 12).
20482..........  3..............  8, from the top........  Change ``intercept'' to ``interrupt.''
20487..........  2..............  8, from the top........  Move footnote 359 to the end of the preceding
                                                            sentence, ending ``afforded by rubber insulating
                                                            gloves (Ex. 0134),'' on line 4 (from the top).
20502..........  3..............  5, from the bottom.....  Change ``electrical energy'' to ``electric energy.''
20505..........  3..............  9, from the bottom, not  Change ``electrical energy'' to ``electric energy.''
                                   counting the footnote.
20518..........  1..............  17, from the bottom....  Change ``line-line tool'' to ``live-line tool.''
20524..........  2..............  20, from the top.......  Change ``puling'' to ``pulling.''
20529..........  1..............  2 from the bottom,       Insert ``[radic]3'' between ``equals'' and ``times.''
                                   (footnote 435).
20539..........  1..............  34, from the top.......  Change ``electrical energy'' to ``electric energy.''
20546..........  3..............  1-3, from the bottom     Delete the last sentence of footnote 459.
                                   (continuation of
                                   footnote 459).
20554..........  2..............  8-9, from the top......  Add ``(d)'' after ``paragraph'' in line 8 and add
                                                            ``as corrected at 59 FR 33658-33664'' after ``59 FR
                                                            4362,'' inside the right bracket, in line 9.
20558..........  1..............  9-10, from the bottom    Change the sentence beginning ``Secondary insulation
                                   (footnote 475).          normally'' to read: ``Secondary insulation
                                                            supplements primary insulation, for example, by
                                                            insulating an employee's feet from a grounded
                                                            surface.''

20558..........  3..............  30, from the bottom,     Change ``electrical-safety footwear'' to ``footwear
                                   not counting the         protecting against electrical hazards.''
                                   footnote.
20564..........  2..............  12--13, from the top     Change ``establishments have fewer than 20 employees
                                   (above Table 19).        or fewer'' to ``establishments have fewer than 20
                                                            employees.''
20581..........  N/A............  N/A....................  Add the following caption to the table at the bottom
                                                            of the page: ``Table 27--Provision Category Percent
                                                            for Accident Categories.''
20582..........  N/A............  6, from the top line of  Change the single dagger ([dagger]) to two daggers
                                   the first note below     ([dagger][dagger]) in the note beginning ``In the
                                   Table 29.                FEA.''
20585..........  1..............  3-8, from the bottom     Change the first sentence of the footnote to read:
                                   (footnote 536).          ``OSHA annualized one-time costs using the standard
                                                            spreadsheet formula for calculating the payment for
                                                            a loan based on constant payments and a constant
                                                            interest rate. (In Excel, the function is PMT (rate,
                                                            nper, pv, fv, type), where: Rate is the interest
                                                            rate, nper is the number of years over which the
                                                            cost is annualized (for example, the life of
                                                            equipment), pv is the total one-time cost (also
                                                            referred to as the `present value'), and fv and type
                                                            are optional and unused.)''
20587..........  3..............  12, from the bottom,     Change ``20'' to ``$20.''
                                   not counting the
                                   footnote (and below
                                   Table 32).
20587..........  3..............  9, from the bottom, not  Change ``55 to 73'' to ``$55 to $73.''
                                   counting the footnote
                                   (and below Table 32).
20588..........  3..............  6, from the top (above   Change ``0.6 million'' to ``$0.6 million.''
                                   Table 33).
20588..........  3..............  10, from the top (above  Change ``0.1 million'' to ``$0.1 million.''
                                   Table 33).
20589..........  2..............  7, from the bottom       Change ``footnote 545'' to ``footnote 544.''
                                   (footnote 545).
20590..........  N/A............  Table 34...............  Replace Table 34 with replacement Table 34, which
                                                            appears following the correction tables.
20590..........  3..............  1, from the bottom       Change ``footnote 545'' to ``footnote 544.''
                                   (footnote 548).
20612..........  3..............  9, from the bottom.....  Change ``0.086 percent'' to ``0.092 percent.''
20612..........  3..............  11, from the bottom....  Change ``2.9 percent'' to 3.205 percent.''
20613..........  3..............  1, from the bottom       Change ``0.040 percent'' to ``0.385 percent.''
                                   (above Table 52).
20623..........  1..............  12-14, from the top....  Change the hyperlink in reference 15 to: ``http://www.irs.gov/uac/SOI-Tax-Stats-Corporation-Source-Book-Statistical-Tables-2010-All-Sectors.''
20623..........  2..............  6, from the bottom.....  Change the hyperlink in reference 37 to: ``http://www.bls.gov/oes/tables.htm.''
----------------------------------------------------------------------------------------------------------------
N/A = not applicable.

    Table 34 on page 20590 is corrected to read as follows:
BILLING CODE 4510-26-P

[GRAPHIC] [TIFF OMITTED] TR24SE14.003

BILLING CODE 4510-26-C

Lists of Subjects in 29 CFR Parts 1910 and 1926

    Electric power, Fire prevention, Hazardous substances,
Incorporation by reference, Occupational safety and health, Safety.

Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for
Occupational Safety and Health, U.S. Department of Labor, 200
Constitution Ave. NW., Washington, DC 20210, authorized the preparation
of this document.
    This action is taken pursuant to sections 3704 et seq., Public Law
107-217, 116 STAT. 1062, (40 U.S.C. 3704 et seq.); sections 4, 6, and
8, Public Law 91-596, 84 STAT. 1590 (29 U.S.C. 653, 655, 657),
Secretary of Labor's Order No. 1-2012 (77 FR 3912 (Jan. 25, 2012)), and
29 CFR Part 1911.

    Signed at Washington, DC, on September 8, 2014.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.

    The Occupational Safety and Health Administration amends Parts 1910
and 1926 of Title 29 of the Code of Federal Regulations as follows:

PART 1910--[AMENDED]

Subpart R--Special Industries

0
1. The authority citation for subpart R of part 1910 continues to read
as follows:

    Authority: 29 U.S.C. 653, 655, 657; Secretary of Labor's Order
No. 12-71 (36 FR 8754), 8-76 (41 FR 25059), 9-83 (48 FR 35736), 1-90
(55 FR 9033), 6-96 (62 FR 111), 5-2007 (72 FR 31159), 4-2010 (75 FR
55355), or 1-2012 (77 FR 3912), as applicable; and 29 CFR part 1911.

0
2. Amend Sec.  1910.269 as follows:
0
a. Revise paragraph (h)(2)(i);
0
b. In Table R-3:
0
i. Under the entry ``For phase-to-phase system voltages of more than
72.5 kV, nominal'', in the thirteenth row, revise the equation;
0
ii. In footnote 2, revise ``Table 6 through Table 13'' to read ``Table
14 through Table 21'';
0
c. In Tables R-6 and R-7, remove the bracketed expression ``[In meters
or feet and inches]'';
0
d. Revise Appendix A-2 to Sec.  1910.269;
0
e. In Appendix B to Sec.  1910.269, section IV.D, remove the words
``Table 7 through Table 14'' wherever they appear and add in their
place the words ``Table 14 though Table 21'';
0
f. Revise Table 6 in Appendix B to Sec.  1910.269;
0
g. In Appendix C to Sec.  1910.269, redesignate footnotes 14, 15, 16,
17, and 18 as footnotes 1, 2, 3, 4, and 5, respectively;
0
h. In Appendix D to Sec.  1910.269, redesignate footnotes 19 and 20 as
footnotes 1 and 2, respectively; and
0
i. In Appendix E to Sec.  1910.269, redesignate footnotes 21, 22, 23,
24, 25, 26, 27, 28, and 29 as footnotes 1, 2, 3, 4, 5, 6, 7, 8, and 9,
respectively.
    The revisions read as follows:

Sec.  1910.269  Electric power generation, transmission, and
distribution.

* * * * *
    (h) * * *
    (2) * * *
    (i) In the configurations in which they are used, portable ladders
and platforms shall be capable of supporting without failure at least
2.5 times the maximum intended load.
* * * * *

Table R-3--AC Live-Line Work Minimum Approach Distance

* * * * *

MAD = 0.3048(C + a)VL	GTA + M
* * * * *

Appendix A-2 to Sec.  1910.269-- Application of Sec.  1910.269 and
Subpart S of this Part to Electrical Safety-Related Work Practices \1\

BILLING CODE 4510-26-P

[GRAPHIC] [TIFF OMITTED] TR24SE14.004

BILLING CODE 4510-26-C

                           Table 1--Electrical Safety Requirements in Sec.   1910.269
----------------------------------------------------------------------------------------------------------------
 Compliance with Subpart S will comply with
   these paragraphs of Sec.   1910.269 \1\     Paragraphs that apply regardless of compliance with Subpart S \2\
----------------------------------------------------------------------------------------------------------------
(d), electric-shock hazards only............  (a)(2), (a)(3) and (a)(4).
(h)(3)......................................  (b)
(i)(2) and (i)(3)...........................  (c)
(k).........................................  (d), for other than electric-shock hazards.
(l)(1) through (l)(5), (l)(7), and (l)(10)    (e)
 through (l)(12).
(m).........................................  (f)
(p)(4)......................................  (g)
(s)(2)......................................  (h)(1) and (h)(2).
(u)(1) and (u)(3) through (u)(5)............  (i)(4)
(v)(3) through (v)(5).......................  (j)

(w)(1) and (w)(7)...........................  (l)(6), (l)(8) and (l)(9).
                                              (n)
                                              (o)
                                              (p)(1) through (p)(3).
                                              (q)
                                              (r)
                                              (s)(1)
                                              (t)
                                              (u)(2) and (u)(6)
                                              (v)(1), (v)(2), and (v)(6) through (v)(12).
                                              (w)(2) through (w)(6), (w)(8), and (w)(9).
----------------------------------------------------------------------------------------------------------------
\1\ If the electrical installation meets the requirements of Sec.  Sec.   1910.302 through 1910.308 of this
  part, then the electrical installation and any associated electrical safety-related work practices conforming
  to Sec.  Sec.   1910.332 through 1910.335 of this part are considered to comply with these provisions of Sec.
   1910.269 of this part.
\2\ These provisions include electrical safety and other requirements that must be met regardless of compliance
  with subpart S of this part.

* * * * *

                           Table 6--Minimum Approach Distances Until December 31, 2014
----------------------------------------------------------------------------------------------------------------
                                                  Phase-to-ground exposure           Phase-to-phase exposure
      Voltage range phase to phase (kV)      -------------------------------------------------------------------
                                                     m                ft               m                ft
----------------------------------------------------------------------------------------------------------------
0.05 to 1.0.................................            Avoid Contact
                                                        Avoid Contact
                                             -------------------------------------------------------------------
1.1 to 15.0.................................             0.64             2.10             0.66             2.20
15.1 to 36.0................................             0.72             2.30             0.77             2.60
36.1 to 46.0................................             0.77             2.60             0.85             2.80
46.1 to 72.5................................             0.90             3.00             1.05             3.50
72.6 to 121.................................             0.95             3.20             1.29             4.30
138 to 145..................................             1.09             3.60             1.50             4.90
161 to 169..................................             1.22             4.00             1.71             5.70
230 to 242..................................             1.59             5.30             2.27             7.50
345 to 362..................................             2.59             8.50             3.80            12.50
500 to 550..................................             3.42            11.30             5.50            18.10
765 to 800..................................             4.53            14.90             7.91            26.00
----------------------------------------------------------------------------------------------------------------
Note: The clear live-line tool distance must equal or exceed the values for the indicated voltage ranges.

* * * * *

PART 1926--[AMENDED]

Subpart V--Electric Power Transmission and Distribution

0
3. The authority citation for subpart V of part 1926 continues to read
as follows:

    Authority: 40 U.S.C. 3701 et seq.; 29 U.S.C. 653, 655, 657;
Secretary of Labor's Order No. 1-2012 (77 FR 3912); and 29 CFR Part
1911.

Sec.  1926.960  [Amended]

0
4. In Sec.  1926.960, in Tables V-5 and V-6, remove the parenthetical
expression ``(In Meters or Feet and Inches)'' in the table headings.

Sec.  1926.968  [Amended]

0
5. Amend Sec.  1926.968 as follows:
0
a. In the note to the definition of ``Hazardous atmosphere'' (5),
remove ``Sec.  1926.1200'' and add ``Sec.  1926.59'' in its place; and
0
b. In paragraph 2 of the definition of ``Lines'', remove the word
``section'' and add the word ``subpart'' in its place.

Appendix B to Subpart V of Part 1926 [Amended]

0
6. In Appendix B to Subpart V, in Table 2, remove the words ``2.
Multiply by [radic]3'' and add ``2. Multiply by [radic]2'' in their
place.

[FR Doc. 2014-22148 Filed 9-23-14; 8:45 am]
BILLING CODE 4510-26-P