[Federal Register Volume 78, Number 123 (Wednesday, June 26, 2013)]
[Notices]
[Pages 38413-38416]
[FR Doc No: 2013-15242]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 30564; File No. 812-14109]

American Family Life Insurance Company, et al.

June 20, 2013.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice of application for an order approving the substitution
of certain securities pursuant to Section 26(c) of the Investment
Company Act of 1940, as amended (the ``1940 Act'').

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Applicants:  American Family Life Insurance Company (the ``Company''),
American Family Variable Account I (the ``Life Account''), and American
Family Variable Account II (the ``Annuity Account'') (together, the
``Applicants'').

Summary of Application:  The Applicants seek an order pursuant to
Section 26(c) of the 1940 Act, approving the substitution of shares of
the Vanguard Money Market Portfolio (``Replacement Portfolio'') of the
Vanguard Variable Insurance Fund (``Vanguard Fund'') for Initial Class
Shares of the Fidelity Variable Insurance Products Money Market
Portfolio (``Replaced Portfolio'') of the Fidelity Variable Insurance
Products Fund (``Fidelity Fund''), currently held by the Life Account
and the Annuity Account (each an ``Account,'' together, the
``Accounts'') to support variable life insurance and annuity contracts
issued by the Company (collectively, the ``Contracts'').

DATES: Filing Date: The application was filed on January 8, 2013, and
the amended and restated application was filed on May 16, 2013.

Hearing or Notification of Hearing:  An order granting the application
will be issued unless the Commission orders a hearing. Interested
persons may request a hearing by writing to the Secretary of the
Commission and serving the Applicants with a copy of the request,
personally or by mail. Hearing requests should be received by the
Commission by 5:30 p.m. on July 15, 2013, and should be accompanied by
proof of service on the Applicants in the form of an affidavit or, for
lawyers, a certificate of service. Hearing requests should state the
nature of the requester's interest, the reason for the request, and the
issues contested. Persons who wish to be notified of a hearing may
request notification by writing to the Secretary of the Commission.

ADDRESSES: Secretary, Securities and Exchange Commission, 100 F Street
NE., Washington, DC 20549-1090.

Applicants:  David C. Holman, Esq., American Family Life Insurance
Company, 6000 American Parkway, Madison, Wisconsin 53783-0001; Thomas
E. Bisset, Esq., Sutherland Asbill & Brennan LLP, 700 Sixth Street NW.,
Suite 700, Washington, DC 20001-3980.

FOR FURTHER INFORMATION CONTACT: Patrick Scott, Senior Counsel, or
Michael Kosoff, Branch Chief, Insured Investments Office, Division of
Investment Management, at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The following is a summary of the
Application. The complete Application may be obtained via the
Commission's Web site by searching for the file number, or for an
Applicant using the Company name box, at http://www.sec.gov/search/search.htm, or by calling<PHONE_NUMBER>.
    Applicants' Representations:
    1. American Family Life Insurance Company conducts a conventional
life insurance business and is authorized to transact the business of
life insurance, including annuities, in twenty-seven states. For
purposes of the 1940 Act, the Company is the depositor and sponsor of
each of the Accounts as those terms have been interpreted by the
Commission with respect to variable life insurance and variable annuity
separate accounts.
    2. The Annuity Account and the Life Account issue Contracts and the
Company owns the assets of each Account attributable to a Contract.
Such assets are held separately from the other assets of the Company
for the benefit of the owners of, and the persons entitled to payment
under, those Contracts. Each Account is a ``separate account'' as
defined by Rule 0-1(e) under the 1940 Act and is registered with the
Commission as a unit investment trust.\1\ Each Account is comprised of
a number of subaccounts and each subaccount invests exclusively in one
of the insurance dedicated mutual fund portfolios made available as
investment vehicles underlying the Contracts. Currently, the Replaced
Portfolio is available as an investment option under the Company's
variable life insurance and variable annuity Contracts.
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    \1\ File No. 811-10097 (the Life Account); File No. 811-10121
(the Annuity Account).
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    3. The Fidelity Fund is registered \2\ as an open-end management
investment company under the 1940 Act and currently offers five (5)
investment portfolios, each with multiple share classes. The Fidelity
Fund issues a series of shares of beneficial interest in connection
with each portfolio and has registered such shares under the Securities
Act of 1933 (``1933 Act'') on Form N-1A.\3\
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    \2\ File No. 811-05361.
    \3\ File No. 33-17704.
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    4. Each portfolio of the Fidelity Fund has entered into an advisory
agreement with Fidelity Management & Research Company (``FMR'') under
which FMR acts as investment adviser for the portfolio.
    5. Neither the Fidelity Fund, any of its portfolios, nor
subadvisers are affiliated with the Applicants. The Fidelity Fund

does not have manager-of-managers relief for the Replaced Portfolio.
    6. The Vanguard Fund is registered as an open-end management
investment company under the 1940 Act \4\ and currently offers
seventeen (17) portfolios, including the Replacement Portfolio. The
Vanguard Fund issues a series of shares of beneficial interest in
connection with each portfolio and has registered such shares under the
1933 Act on Form N-1A.\5\
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    \4\ File No. 811-05962.
    \5\ File No. 33-32216.
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    7. Pursuant to an investment advisory agreement between the
Replacement Portfolio and The Vanguard Group, Inc. (``Vanguard''),
Vanguard provides investment advisory services to the Replacement
Portfolio. Vanguard manages the Replacement Portfolio subject to the
supervision and oversight of the Replacement Portfolio's board of
directors.
    8. Neither the Vanguard Fund, any of its portfolios, nor Vanguard
are affiliated with the Applicants. The Vanguard Fund and Vanguard have
received an order from the Commission that allows the Vanguard Fund and
Vanguard to utilize a multi-manager structure to manage the assets of
the Replacement Portfolio. Pursuant to the order, Vanguard is permitted
to select sub-advisers that are not affiliates of Vanguard (other than
by virtue of serving as investment advisers to one or more Vanguard
funds) and revise selected advisory agreements without obtaining
shareholder approval, subject to the approval of the Vanguard Fund
board of trustees and certain other conditions.
    9. The Contracts are flexible premium variable annuity and variable
life insurance contracts. The variable annuity contracts (file no. 333-
45592) provide for the accumulation of values on a variable basis,
fixed basis, or both, during the accumulation period, and provide
settlement or annuity payment options on a fixed basis. The variable
life insurance contracts (file nos. 333-44956 and 333-147408) provide
for the accumulation of values on a variable basis, fixed basis, or
both, throughout the insured's life, and for a substantial death
benefit upon the death of the insured. Under each of the Contracts, the
Company reserves the right to substitute shares of one fund for shares
of another, or of another investment portfolio, including a portfolio
of a different management company. Applicant state that the prospectus
for the Contracts and the Accounts contain appropriate disclosure of
this right.
    10. For as long as a variable life insurance Contract remains in
force or a variable annuity Contract has not yet been annuitized, a
Contract owner may transfer all or any part of the Contract value from
one subaccount to another subaccount or to a fixed account.
    11. The Company proposes to substitute shares of the Replacement
Portfolio for Initial Class shares of the Replaced Portfolio currently
held in the Accounts (the ``proposed substitution'').
    12. The application states that, the proposed substitution is part
of an effort by the Company to provide a portfolio selection within the
Contracts that: (1) Provides competitive long-term returns relative to
other funds in the asset class peer group with lower investment risk;
(2) provides a more competitive fee structure relative to other funds
in the asset class peer group; and (3) maintains the goal of offering a
mix of investment options covering basic categories in the risk/return
spectrum.
    13. The application states that, replacing the Replaced Portfolio
with the Replacement Portfolio is appropriate and in the best interests
of Contract owners because the stated investment objective, principal
investment strategies, and principal investment risks of the
Replacement Portfolio are substantially similar to those of the
Replaced Portfolio, so that Contract owners will have continuity in
investment expectations with somewhat lower risk. A comparison of the
investing objectives, strategies, and risks of the Replaced Portfolio
and the Replacement Portfolio is included in the application.
    14. The following charts compare advisory fees, other expenses, and
total operating expenses for the year ended December 31, 2012,
expressed as an annual percentage of average daily net assets, of the
Replaced Portfolio and the Replacement Portfolio. Neither the Replaced
Portfolio nor the Replacement Portfolio impose a redemption fee.
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    \6\ FMR has voluntarily agreed to reimburse the Initial Class of
the Replaced Portfolio to the extent total operating expenses
(excluding interest, taxes, brokerage commissions, and extraordinary
expenses) as a percentage of average net assets exceed 0.40%.
    \7\ Vanguard and the Replacement Portfolio's board of directors
have agreed to temporarily limit certain net operating expenses in
excess of the Replacement Portfolio's daily yield to maintain a zero
or positive yield for the Portfolio. Vanguard and the Replacement
Portfolio's board of directors may terminate the expense limitation
at any time. The ratio of total expenses to average net assets after
the voluntary expense limitation was 0.06%.

----------------------------------------------------------------------------------------------------------------
                                                                  Replaced portfolio--
                                                                   Fidelity VIP money    Replacement portfolio--
                                                                    market portfolio      Vanguard money market
                                                                 (initial class)  as of   portfolio as of 12/31/
                                                                  12/31/12  (percent)          12 (percent)
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Advisory Fees.................................................                     0.17                     0.12
12b-1 Fee.....................................................                      N/A                      N/A
Other Expenses................................................                     0.09                     0.04
Total Expenses................................................                 \6\ 0.26                     0.16
Less Contractual Fee..........................................                      N/A                      N/A
Waivers and Expense
Reimbursements
Net Expenses..................................................                     0.26                 \7\ 0.16
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    15. Applicants state that they believe that the Replacement
Portfolio is an appropriate replacement for the Replaced Portfolio for
each Contract, and that the Replacement Portfolio represents an
investment option that is more compatible with the Replaced Portfolio
than are any other investment options under the Contracts.
    16. The Replacement Portfolio for the fiscal years ended 2012,
2011, 2010 and 2009 has a significantly lower expense ratio than the
Replaced Portfolio. In light of the substantial level of assets of the
Replacement Portfolio, the continued decline of the level of assets of
the Replaced Portfolio, and the lower expense ratio of the Replacement

Portfolio, Applicants believe that the Replacement Portfolio is a
viable money market investment option for the Contracts whose expenses
should not trend upward over time.
    17. Applicants maintain that Contract owners will be better served
by the proposed substitution and that the proposed substitution is
appropriate given the Replacement Portfolio, the Replaced Portfolio,
and other investment options available under the Contracts. For each
one-year, five-year and ten-year period ended December 31, 2012, the
Replacement Portfolio has had investment performance comparable to that
of the Replaced Portfolio, but with lower investment risk.

Legal Analysis and Conditions

    1. The Applicants request that the Commission issue an order
pursuant to Section 26(c) of the 1940 Act approving the proposed
substitution. Section 26(c) of the 1940 Act requires the depositor of a
registered unit investment trust holding securities of a single issuer
to obtain Commission approval before substituting the securities held
by the trust.
    2. The proposed substitution is not the type of substitution that
Section 26(c) was designed to prevent. Unlike traditional unit
investment trusts where a depositor could only substitute an investment
security in a manner which permanently affected all the investors in
the trust, the Contracts provide each Contract owner with the right to
exercise his or her own judgment and transfer Contract values into
other subaccounts and the fixed account. Moreover, the application
asserts, the Contracts will offer Contract owners the opportunity to
transfer amounts out of the affected subaccount into any of the
remaining subaccounts without cost or disadvantage. The proposed
substitution, therefore, will not result in the type of costly forced
redemption that Section 26(c) was designed to prevent.
    3. Applicants believe that Contract owners will be better off with
the Replacement Portfolio than with the Replaced Portfolio. The
proposed substitution retains for Contract owners the investment
flexibility that is a central feature of the Contracts. If the proposed
substitution is carried out, all Contract owners will be permitted to
allocate purchase payments and transfer Contract values between and
among the remaining subaccounts as they could before the proposed
substitution.
    4. Applicants believe that the Replacement Portfolio and the
Replaced Portfolio are substantially the same in their stated
investment objectives and principal investment strategies as to afford
investors continuity of investment and risk. In addition, Applicants
generally submit that the proposed substitution meets the standards
that the Commission and its staff have applied to similar substitutions
that have been approved in the past.
    5. Supplements to the prospectus for the Contracts dated January
29, 2013, disclosed the Company's intent to seek the order approving
the substitution; moreover the supplements disclosed that from the date
of the supplement until the date of the proposed substitution, the
Company will not exercise any rights reserved by it under any Contract
to impose additional charges for transfers until at least 30 days after
the proposed substitution. Similarly, the supplements disclosed that
from the date of the supplement until the date of the proposed
substitution, the Company will permit Contract owners to transfer
Contract value out of the subaccount currently holding shares of the
Replaced Portfolio to other subaccounts and the fixed account without
those transfers being treated as transfers for purposes of determining
the remaining number of transfers that may be permitted in the Contract
year without a transfer charge. In addition, prospectuses for the
Contracts dated May 1, 2013 disclosed substantially similar information
as set forth in the supplements.
    6. Within five days after the proposed substitution, Contract
owners who are affected by the substitution will be sent a written
notice informing them that the substitution was carried out. The notice
will also reiterate the facts that the Company: (1) Will not exercise
any rights reserved by it under any of the Contracts to impose
additional charges for transfers until at least 30 days after the
proposed substitution, and (2) will, for at least 30 days following the
proposed substitution, permit such Contract owners to transfer Contract
values out of the subaccount holding shares of the Replacement
Portfolio to other subaccounts and the fixed account without those
transfers being treated as transfers for purposes of determining the
remaining number of transfers permitted in the Contract year without a
transfer charge.
    7. Applicants represent that the Company will carry out the
proposed substitution by redeeming shares of the Replaced Portfolio
held by the Accounts for cash and applying the proceeds to the purchase
of shares of the Replacement Portfolio. The proposed substitution will
take place at relative net asset value with no change in the amount of
any Contract owner's Contract value or death benefit or in the dollar
value of his or her investment in either of the Accounts. Contract
owners will not incur any fees or charges as a result of the proposed
substitution, nor will their rights or the Company's obligations under
the Contracts be altered in any way. All applicable expenses incurred
in connection with the proposed substitution, including brokerage
commissions and legal, accounting, and other fees and expenses, will be
paid by the Company. In addition, the proposed substitution will not
impose any tax liability on Contract owners. The proposed substitution
will not cause the Contract fees and charges currently being paid by
existing Contract owners to be greater after the proposed substitution
than before the proposed substitution.
    8. Applicants represent that the proposed substitution will not be
treated as a transfer of Contract value for the purpose of assessing
transfer charges or for determining the number of remaining ``free''
transfers in a Contract year. The Company will not exercise any right
it may have under the Contracts to impose additional charges for
Contract value transfers under the Contracts for a period of at least
30 days following the proposed substitution. Similarly, from the date
of the supplements until the date of the proposed substitution, the
Company will permit Contract owners to make transfers of Contract value
out of the Replaced Portfolio subaccount to other subaccounts or the
fixed account without those transfers being treated as transfers for
purposes of determining the remaining number of transfers permitted in
the Contract year without a transfer charge. Likewise, for at least 30
days following the proposed substitution, the Company will permit
Contract owners affected by the substitution to transfer Contract value
out of the Replacement Portfolio subaccount to other subaccounts or the
fixed account without those transfers being treated as transfers for
purposes of determining the remaining number of transfers permitted in
the Contract year without a transfer charge.
    9. The Applicants acknowledge that reliance on the exemptive relief
requested herein, if granted, depends upon compliance with all of the
representations and conditions set forth in this Application.
    10. The Applicants represent that they will not receive, for three
years from the date of the substitution, any direct or indirect
benefits paid by the Replacement Portfolio, its advisors or
underwriters (or their affiliates), in

connection with assets attributable to Contracts affected by the
substitution, at a higher rate than Applicants have received from the
corresponding Replaced Portfolio, its advisors or underwriters (or
their affiliates), including, without limitation, Rule 12b-1 fees,
revenue sharing, or other service fees or arrangements in connection
with such assets. Applicants represent that the substitution is not
motivated by any financial consideration paid or to be paid to the
Company or its affiliates by the Replacement Portfolio, its advisors,
underwriters, or their respective affiliates.
    11. Applicants represent that the Company is also seeking approval
of the proposed substitution from any state insurance regulators whose
approval may be necessary or appropriate.
    12. The Applicants submit that the proposed substitution meets the
standards set forth in Section 26(c) and assert that the replacement of
the Existing Fund with the Replacement Fund is consistent with the
protection of investors and the purposes fairly intended by the policy
and provisions of the 1940 Act.
    Conclusion:
    For the reasons and upon the facts set forth above and in the
application, the Applicants assert that the requested order meets the
standards set forth in Section 26(c) of the 1940 Act and should
therefore, be granted.

    For the Commission, by the Division of Investment Management,
under delegated authority.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-15242 Filed 6-25-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 150 (Monday, August 5, 2013)]
[Notices]
[Pages 47467-47469]
[FR Doc No: 2013-18755]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-70067; File No. SR-NYSEARCA-2013-74]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Modifying the
Content of the NYSE Arca Trades Digital Media Data Feed

July 30, 2013.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on July 18, 2013, NYSE Arca, Inc. (the ``Exchange'' or
``NYSE Arca'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to revise the description of the NYSE Arca
Trades Digital Media data feed. The text of the proposed rule change is
available on the Exchange's Web site at www.nyse.com, at the principal
office of the Exchange, and at the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, Proposed Rule Change

 1. Purpose
    The Exchange proposes to revise the description of the NYSE Arca
Trades Digital Media data feed.
    In 2009, the Securities and Exchange Commission (``Commission'')
approved the NYSE Arca Trades data feed and certain fees for it.\4\
NYSE Arca Trades is a NYSE Arca-only market data feed that allows a
vendor to redistribute on a real-time basis the same last sale
information that the Exchange reports under the Consolidated Tape
Association (``CTA'') Plan for inclusion in the CTA Plan's consolidated
data streams and certain other related data elements. Specifically,
NYSE Arca Trades includes the real-time last sale price, time, size,
and bid/ask quotations for each security traded on the Exchange and a
stock summary message. The stock summary message updates every minute
and includes NYSE Arca's opening price, high price, low price, closing
price, and cumulative volume for the security.
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    \4\ See Securities Exchange Act Release No. 59598 (Mar. 18,
2009), 74 FR 12919 (Mar. 25, 2009) (SR-NYSEArca-2009-05).
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    In April 2013, the Exchange began offering a new version of NYSE
Arca Trades called ``NYSE Arca Trades Digital Media,'' which was
described as including the real-time last sale price, time, size, and
stock summary message for each security traded on the Exchange, but not
including access to the bid/ask quotation included with the NYSE Arca
Trades product.\5\ At that time, the Exchange believed that it could
efficiently remove the bid/ask information from the feed but has since
determined that the time and resources required to do so would be
significant and not commensurate with the need for the change. As such,
the NYSE Arca Trades Digital Media product is offered with the bid/ask
component included, and as such does not have different content than
the regular NYSE Arca Trades data fee. The only difference between the
products is the permitted distribution channels. NYSE Arca Trades
Digital Media permits market data vendors, television broadcasters, Web
site and mobile device service providers, and others to distribute the
data product to their customers for viewing via television, Web site,
and mobile devices. They are not be [sic] permitted to provide NYSE
Arca Trades

Digital Media in a context in which a trading or order routing decision
can be implemented unless CTA data is available in an equivalent
manner, must label the products as NYSE Arca-only data, and must
provide a hyperlinked notice similar to the one provided for CTA
delayed data. These restrictions do not apply to the NYSE Arca Trades
product.
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    \5\ See Securities Exchange Act Release No. 69274 (Apr. 2,
2013), 78 FR 20986 (Apr. 8, 2013) (SR-NYSEArca-2013-30).
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    No other changes to the data components, terms, or pricing of any
product are proposed.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) \6\ of the
Act, in general, and furthers the objectives of Section 6(b)(5) \7\ of
the Act, in particular, in that it is designed to prevent fraudulent
and manipulative acts and practices, to promote just and equitable
principles of trade, to foster cooperation and coordination with
persons engaged in facilitating transactions in securities, to remove
impediments to and perfect the mechanism of a free and open market and
a national market system and, in general, to protect investors and the
public interest, and it is not designed to permit unfair discrimination
among customers, brokers, or dealers.
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    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
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    The Exchange offers the NYSE Arca Trades Digital Media data product
in recognition of the demand for a more seamless and easier-to-
administer data distribution model that takes into account the expanded
variety of media and communication devices that investors utilize
today. As described above, the Exchange has determined that the expense
of creating and monitoring a new feed without the bid-ask element is
not warranted. No other aspect of the NYSE Arca Trades or NYSE Arca
Trades Digital Media offering is being changed.
    In adopting Regulation NMS, the Commission granted self-regulatory
organizations and broker-dealers increased authority and flexibility to
offer new and unique market data to consumers of such data. It was
believed that this authority would expand the amount of data available
to users and consumers of such data and also spur innovation and
competition for the provision of market data. The Exchange believes
that the data products proposed herein are precisely the sort of market
data products that the Commission envisioned when it adopted Regulation
NMS. The Commission concluded that Regulation NMS--by lessening
regulation of the market in proprietary data--would itself further the
Act's goals of facilitating efficiency and competition:

    [E]fficiency is promoted when broker-dealers who do not need the
data beyond the prices, sizes, market center identifications of the
NBBO and consolidated last sale information are not required to
receive (and pay for) such data. The Commission also believes that
efficiency is promoted when broker-dealers may choose to receive
(and pay for) additional market data based on their own internal
analysis of the need for such data.\8\
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    \8\ See Securities Exchange Act Release No. 51808 (June 9,
2005), 70 FR 37496 (June 29, 2005) (File No. S7-10-04).

    By removing ``unnecessary regulatory restrictions'' on the ability
of exchanges to sell their own data, Regulation NMS advanced the goals
of the Act and the principles reflected in its legislative history.
    The Exchange further notes that the existence of alternatives to
the Exchange's products, including real-time consolidated data, free
delayed consolidated data, and proprietary data from other sources,
ensures that the Exchange is not unreasonably discriminatory because
vendors and subscribers can elect these alternatives. In addition, the
proposal would not permit unfair discrimination because the product
will be available to all of the Exchange's vendors and customers on an
equivalent basis.

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The market for proprietary
data products is currently competitive and inherently contestable
because there is fierce competition for the inputs necessary to the
creation of proprietary data. Numerous exchanges compete with each
other for listings, trades, and market data itself, providing virtually
limitless opportunities for entrepreneurs who wish to produce and
distribute their own market data. This proprietary data is produced by
each individual exchange, as well as other entities (such as
internalizing broker-dealers and various forms of alternative trading
systems, including dark pools and electronic communication networks),
in a vigorously competitive market. It is common for market
participants to further and exploit this competition by sending their
order flow and transaction reports to multiple markets, rather than
providing them all to a single market.

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

    No written comments were solicited or received with respect to the
proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Because the foregoing proposed rule change does not significantly
affect the protection of investors or the public interest, does not
impose any significant burden on competition, and, by its terms, does
not become operative for 30 days from the date on which it was filed,
or such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \9\ and Rule 19b-
4(f)(6) thereunder.\10\
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    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the Exchange to give the Commission written notice of the
Exchange's intent to file the proposed rule change, along with a
brief description and text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission. The
Exchange has satisfied this requirement.
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    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEARCA-2013-74 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-NYSEARCA-2013-74. This

file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal office of NYSE Arca. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSEARCA-2013-74 and should
be submitted on or before August 26, 2013.
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-18755 Filed 8-2-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: February 27, 2008 (Volume 73, Number 39)]
[Notices]
[Page 10434-10435]
[DOCID:fr27fe08-43]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2008-0017; FRL-8351-9]

Pesticide Products; Registration Applications

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: This notice announces receipt of applications to register
pesticide products containing new active ingredients not included in
any currently registered products pursuant to the provisions of section
3(c)(4) of the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA), as amended.

DATES: Comments must be received on or before March 28, 2008.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2008-0017, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket's normal hours of operation (8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays). Special
arrangements should be made for deliveries of boxed information. The
Docket Facility telephone number is<PHONE_NUMBER>.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2008-0017. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The regulations.gov website is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through regulations.gov,
your e-mail address will be automatically captured and included as part
of the comment that is placed in the docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the docket index
available in regulations.gov. To access the electronic docket, go to
http://www.regulations.gov, select ``Advanced Search,'' then ``Docket
Search.'' Insert the docket ID number where indicated and select the
``Submit'' button. Follow the instructions on the regulations.gov
website to view the docket index or access available documents.
Although listed in the index, some information is not publicly
available, e.g., CBI or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either in the electronic docket at http://
www.regulations.gov, or, if only available in hard copy, at the OPP
Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South Bldg.),
2777 S. Crystal Dr., Arlington, VA. The hours of operation of this
Docket Facility are from 8:30 a.m. to 4 p.m., Monday through Friday,
excluding legal holidays. The Docket Facility telephone number is (703)
305-5805.

FOR FURTHER INFORMATION CONTACT: Raderrio Wilkins, Biopesticides and
Pollution Prevention Division (7511P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; e-mail
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. To determine
whether

you or your business may be affected by this action, you should
carefully examine the applicability provisions. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed under FOR FURTHER INFORMATION
CONTACT.

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

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

II. Registration Applications

    EPA received applications as follows to register pesticide products
containing active ingredients not included in any previously registered
products pursuant to the provision of section 3(c)(4) of FIFRA. Notice
of receipt of these applications does not imply a decision by the
Agency on the applications.

Application Form

    File Symbol: 71654-EN, 71654-ER, and 71654-EG. Applicant: Dupont
Chemical Solutions Enterprise, P.O. Box 80420, Wilmington, DE 19880-
0402. Product name: Refine Oil of Neptea cataria Insect Repellent
Lotion. Insect Repellent. Active ingredient: Refine Oil of Neptea
cataria at 15% and 7%. Proposal classification/Use: Biochemical Insect
Repellent against mosquitoes, blackflies, and other biting insects. (R.
Wilkins).

List of Subjects

    Environmental protection, Pesticides and pest.

    Dated: February 13, 2008.
Janet L. Andersen,
Director, Biopesticides and Pollution Prevention Division, Office of
Pesticide Programs.
[FR Doc. E8-3488 Filed 2-26-08; 8:45 am]

BILLING CODE 6560-50-S


section 13.1). The total volume pumped may be based on the nominal
flow rate of the destratification pump (See section 9.6).
    <IP_ADDRESS> For the Category I and II test runs, there is a need to
determine the energy content of the unburned fuel remaining in the
chamber if the remaining mass in the chamber is greater than 1
percent of the test fuel weight. Following the completion of the
test, as soon as safely practical, this remaining fuel is removed
from the chamber, separated from the remaining ash and weighed. This
separation could be implemented with a slotted ``scoop'' or similar
tool. A \1/4\ inch opening size in the separation tool shall be used
to separate the ash and charcoal. This separated char is assigned a
heating value of 12,500 Btu/lb.
    12.5.4 Heat Output Capacity Validation. The first test run must
produce a heat output rate that is within 10 percent of the
manufacturer's rated heat output capacity (Category IV) throughout
the test run and an average heat output rate within 5 percent of the
manufacturer's rated heat output capacity. If the appliance is not
capable of producing a heat output within these limits, the
manufacturer's rated heat output capacity is considered not
validated and testing is to be terminated. In such cases, the tests
may be restarted using a lower heat output capacity if requested by
the manufacturer. Alternatively, during the Category IV run, if the
rated output cannot be maintained for a 15 minute interval, the
manufacturer may elect to reduce the rated output to match the test
and complete the Category IV run on this basis. The target outputs
for Categories I, II, and III shall then be recalculated based on
this change in rated output capacity.
    12.5.5 Additional Test Runs. Using the manufacturer's rated heat
output capacity as a basis, conduct a test for additional heat
output categories as specified in section 4.3. It is not required to
run these tests in any particular order.
    12.5.6 Alternative Heat Output Rate for Category I. If an
appliance cannot be operated in the Category I heat output range due
to stopped combustion, two test runs shall be conducted at heat
output rates within Category II. When this is the case, the
weightings for the weighted averages indicated in section 14.1.15
shall be the average of the Category I and II weighting's and shall
be applied to both Category II results. Appliances that are not
capable of operation within Category II (<25 percent of maximum)
cannot be evaluated by this test method.
    <IP_ADDRESS> Stopped Fuel Combustion. Evidence that an appliance
cannot be operated at a Category I heat output rate due to stopped
fuel combustion shall include documentation of two or more attempts
to operate the appliance in heat output rate Category I and fuel
combustion has stopped prior to complete consumption of the test
fuel charge. Stopped fuel combustion is evidenced when an elapsed
time of 60 minutes or more has occurred without a measurable (1 lb
or 0.5 kg) weight change in the test fuel charge while the appliance
operating control is in the demand mode. Report the evidence and the
reasoning used to determine that a test in heat output rate Category
I cannot be achieved. For example, two unsuccessful attempts to
operate at an output rate of 10 percent of the rated output capacity
are not sufficient evidence that heat output rate Category I cannot
be achieved.
    12.5.7 Appliance Overheating. Appliances with their associated
thermal storage shall be capable of operating in all heat output
categories without overheating to be rated by this test method.
Appliance overheating occurs when the rate of heat withdrawal from
the appliance is lower than the rate of heat production when the
unit control is in the idle mode. This condition results in the
water in the appliance continuing to increase in temperature well
above the upper limit setting of the operating control. Evidence of
overheating includes: 1 hour or more of appliance water temperature
increase above the upper temperature set-point of the operating
control, exceeding the temperature limit of a safety control device
(independent from the operating control--typically requires manual
reset), boiling water in a non-pressurized system or activation of a
pressure or temperature relief valve in a pressurized system.
    12.5.8 Option to Eliminate Tests in Category II and III.
Following successful completion of a test run in Category I, the
manufacturer may eliminate the Category II and III tests. For the
purpose of calculating the annual averages for particulates and
efficiency, the values obtained in the Category I run shall be
assumed to apply also to Category II and Category III. It is
envisioned that this option would be applicable to systems which
have sufficient thermal storage such that the fuel load in the
Category I test can be completely consumed without the system
reaching its upper operating temperature limit. In this case, the
boiler/heater would likely be operating at maximum thermal output
during the entire test and this output rate may be higher than the
manufacturer's rated heat output capacity. The Category II and III
runs would then be the same as the Category I run. It may be assumed
that the particulate emission values and efficiency values
determined in the startup, steady-state, and end phases of Category
I are applicable in Categories II and III, for the purpose of
determining the annual averages in lb/mmBtu and g/MJ (See section
13). For the annual average in g/hr, the length of time for stored
heat to be drawn from thermal storage shall be determined for the
test load requirements of the respective category.
    12.5.9 Modification to Measurement Procedure in EPA Method 28WHH
to Determine Emissions Separately During the Startup, Steady-State
and End Phases. With one of the two particulate sampling trains
used, filter changes shall be made at the end of the startup phase
and the steady-state phase (See section 3.0). This shall be done to
determine the particulate emission rate and particulate emission
index for the startup, steady-state, and end phases individually.
For this one train, the particulates measured during each of these
three phases shall be added together to also determine the
particulate emissions for the whole run.
    12.5.10 Modification to Measurement Procedure in EPA Method
28WHH and the Standards Referenced therein on Averaging Period for
Determination of Efficiency by the Stack Loss Method. The methods
currently defined in Method 28WHH allow averaging over 10-minute
time periods for flue gas temperature, flue gas CO2, and
flue gas CO for the determination of the efficiency with the stack
loss method. However, under some cycling conditions the ``on''
period may be short relative to this 10-minute period. For this
reason, during cycling operation the averaging period for these
parameters may not be longer than the burner on period divided by
10. The averaging period need not be shorter than one minute. During
the off period, under cycling operation, averaging periods as
specified in EPA Method 28WHH and the standards referenced therein,
may be used. Where short averaging times are used, however, the
averaging period for fuel consumption may still be at 10 minutes.
This average wood consumption rate shall be applied to all of the
smaller time intervals included.
    12.6 Additional Test Runs. The testing laboratory may conduct
more than one test run in each of the heat output categories

specified in section 4.3. If more than one test run is conducted at
a specified heat output rate, the results from at least two-thirds
of the test runs in that heat output rate category shall be used in
calculating the weighted average emission rate. The measurement data
and results of all test runs shall be reported regardless of which
values are used in calculating the weighted average emission rate.

13.0 Calculation of Results

13.1 Nomenclature

COs--Carbon monoxide measured in the dilution tunnel at
arbitrary time in ppm dry basis.
COg/min--Carbon monoxide emission rate in g/min.
COT--Total carbon monoxide emission for the full test run
in grams.
CO_1--Startup period carbon monoxide emissions in grams.
CO_2--Steady-state period carbon monoxide emission in
grams.
CO_3--End period carbon monoxide emission in grams.
ET--Total particulate emissions for the full test run as
determined per EPA Method 28WHH and the standards referenced therein
in grams.
E1--Startup period particulate emissions in grams.
E2--Steady-state period particulate emissions in grams.
E3--End period particulate emissions in grams.
E1_g/kg--Startup period particulate emission index in
grams per kg fuel.
E2_g/kg--Steady-state period particulate emission index
in grams per kg fuel.
E3_g/kg--End period particulate emission index in grams
per kg fuel.
E1_g/hr--Startup period particulate emission rate in
grams per hour.
E2_g/hr--Steady-state period particulate emission rate in
grams per hour.
E3_g/hr--End period particulate emission rate in grams
per hour.
Eg/MJ--Emission rate in grams per MJ of heat output.
Elb/mmBtu output--Emissions rate in pounds per million
Btu of heat output.
Eg/kg--Emissions factor in grams per kilogram of dry fuel
burned.
Eg/hr--Emission factor in grams per hour.
HHV--Higher heating value of fuel = 8600 Btu/lb (19.990 MJ/kg).
LHV--Lower heating value of fuel = 7988 Btu/lb (18.567 MJ/kg).
[Delta]T--Temperature difference between cooling water entering and
exiting the heat exchanger.
Qout--Total heat output in Btu (MJ).
Qin--Total heat input available in test fuel charge in
Btu's (MJ).
Qstd--Volumetric flow rate in dilution tunnel in dscfm.
M--Mass flow rate of water in lb/min (kg/min).
Vi--Volume of water indicated by a totalizing flow meter
at the ith reading in gallons (liters).
Vf--Volumetric flow rate of water in heat exchange system
in gallons per minute (liters/min).
[Theta]--Total length of burn period in hours ([Theta]1+
[Theta]2+ [Theta]3).
[Theta]1--Length of time of the startup period in hours.
[Theta]2--Length of time of the steady-state period in
hours.
[Theta]3--Length of time of the end period in hours.
[Theta]4--Length of time for stored heat to be used
following a burn period in hours.
ti--Data sampling interval in minutes.
[eta]del--Delivered heating efficiency in percent.
Fi--Weighting factor for heat output category i. (See
Table 2.)
T1--Temperature of water at the inlet on the supply side of the heat
exchanger, [deg]F.
T2--Temperature of the water at the outlet on the supply side of the
heat exchanger, [deg]F.
T3--Temperature of cooling water at the inlet to the load side of
the heat exchanger, [deg]F.
T4--Temperature of cooling water at the outlet of the load side of
the heat exchanger, [deg]F.
T5--Temperature of the hot water supply as it leaves the boiler/
heater, [deg]F.
T6--Temperature of return water as it enters the boiler/heater,
[deg]F.
T7--Temperature in the boiler/heater optional destratification loop
at the top of the boiler/heater, [deg]F.
T8--Temperature in the boiler/heater optional destratification loop
at the bottom of the boiler/heater, [deg]F.
TIavg--Average temperature of the appliance and water at
start of the test.
[GRAPHIC] [TIFF OMITTED] TR16MR15.032

TFavg--Average temperature of the appliance and water at
the end of the test.
[GRAPHIC] [TIFF OMITTED] TR16MR15.033

TIS1--Temperature at the inlet to the storage system at
the start of the test.
TIS2--Temperature at the outlet from the storage system
at the start of the test.
TFS1--Temperature at the inlet to the storage system at
the end of the test.
TFS2--Temperature at the outlet from the storage system
at the end of the test.
TISavg--Average temperature of the storage system at the
start of the test.
[GRAPHIC] [TIFF OMITTED] TR16MR15.034

TFSavg--Average temperature of the storage system at the
end of the test.
[GRAPHIC] [TIFF OMITTED] TR16MR15.035

MC--Fuel moisture content in percent dry basis.
[sigma]--Density of water in pounds per gallon.
[sigma]Initial--Density of water in the boiler/heater
system at the start of the test in pounds per gallons.
[sigma]boiler/heater--Density of water in the boiler/
heater system at an arbitrary time during the test in pounds per
gallon.
Cp--Specific heat of water in Btu/lb, [deg]F.
Csteel--Specific heat of steel (0.1 Btu/lb, [deg]F).
Vboiler/heater--total volume of water in the boiler/
heater system on the weight scale in gallons.
Wfuel--Fuel charge weight, as-fired or ``wet'', in pounds
(kg).
Wfuel_1--Fuel consumed during the startup period in
pounds (kg).
Wfuel_2--Fuel consumed during the steady state period in
pounds (kg).
Wfuel_3--Fuel consumed during the end period in pounds
(kg).

WFuelBurned--Weight of fuel that has been burned from the
start of the test to an arbitrary time, including the needed
correction for the change in density and weight of the water in the
boiler/heater system on the scale in pounds (kg).
WRemainingFuel--Weight of unburned fuel separated from
the ash at the end of a test. Useful only for Category I and
Category II tests.
Wapp--Weight of empty appliance in pounds (kg).
Wwat--Weight of water in supply side of the system in
pounds (kg).
WScaleInitial--Weight reading on the scale at the start
of the test, just after the test load has been added in pounds (kg).
WScale--Reading of the weight scale at an arbitrary time
during the test run in pounds (kg).
WStorageTank--Weight of the storage tank empty in pounds
(kg).
WWaterStorage--Weight of the water in the storage tank at
TISavg in pounds (kg).

    13.2 After the test is completed, determine the particulate
emissions ET in accordance with EPA Method 28WHH and the
standards referenced therein.
    13.3 Determination of the weight of fuel that has been burned at
an arbitrary time.
    For the purpose of tracking the consumption of the test fuel
load during a test run the following may be used to calculate the
weight of fuel that burned since the start of the test:
[GRAPHIC] [TIFF OMITTED] TR16MR15.036

Water density, [sigma], is calculated using Equation 12.

13.4 Determine Average Fuel Load Moisture Content.
[GRAPHIC] [TIFF OMITTED] TR16MR15.037

13.5 Determine Heat Input.
[GRAPHIC] [TIFF OMITTED] TR16MR15.038

    13.5.1 Correction to Qin for the Category I and II
tests, where there is greater than 1 percent of the test fuel charge
in the chamber at the end of the test period.
[GRAPHIC] [TIFF OMITTED] TR16MR15.044

    13.6 Determine Heat Output, Efficiency, and Emissions.
    13.6.1 Determine heat output as:
    Qout = [Sigma] [Heat output determined for each
sampling time interval] + Change in heat stored in the appliance +
Change in heat in storage tank.
[GRAPHIC] [TIFF OMITTED] TR16MR15.039

    Note: The subscript (i) indicates the parameter value for
sampling time interval ti. Mi = Mass flow rate
= gal/min x density of water (lb/gal) = lb/min.

[GRAPHIC] [TIFF OMITTED] TR16MR15.040

Csteel = 0.1 Btu/lb, -[deg] F.
[GRAPHIC] [TIFF OMITTED] TR16MR15.041

    Note: Vi is the total water volume at the end of
interval i and Vi-1 is the total water volume at the
beginning of the time interval. This calculation is necessary when a
totalizing type water meter is used.

    13.6.2 Determine Heat Output Rate Over Burn Period
([Theta]1 + [Theta]2 + [Theta]3)
as:
[GRAPHIC] [TIFF OMITTED] TR16MR15.042

    13.6.3 Determine Emission Rates and Emission Factors as:
    [GRAPHIC] [TIFF OMITTED] TR16MR15.043

    If thermal storage is not used in a Category III or IV run, then
[Theta]4 = 0.

    E1_g/kg = E1/(Wfuel_1/(1 + MC/
100)), g/dry kg.
    E2_g/kg = E2/(Wfuel_2/(1 + MC/
100)), g/dry kg.
    E3_g/kg = E3/(Wfuel_3/(1 + MC/
100)), g/dry kg.
    E1_g/hr = E1/[Theta]1, g/hr.
    E2_g/hr = E2/[Theta]2, g/hr.
    E3_g/hr = E3/[Theta]3, g/hr.
    13.6.4 Determine delivered efficiency as:
    [GRAPHIC] [TIFF OMITTED] TR16MR15.014

    13.6.5 Determine [eta]SLM--Overall Efficiency, also
known as Stack Loss Efficiency, using stack loss method (SLM).
    For determination of the average overall thermal efficiency
([eta]SLM) for the test run, use the data collected over
the full test run and the calculations in accordance with CSA
B415.1-10 (IBR, see Sec.  60.17), clause 13.7 except for 13.7.2(e),
(f), (g), and (h), use the following average fuel properties for
oak: %C = 50.0, %H = 6.6, %O = 43.2, %Ash = 0.2.
    <IP_ADDRESS> Whenever the CSA B415.1-10 (IBR, see Sec.  60.17)
overall efficiency is found to be lower than the overall efficiency
based on load side measurements, as determined by Eq. 22 of this
method, section 14.1.7 of the test report must include a discussion
of the reasons for this result. For a test where the CSA B415.1-10
overall efficiency SLM is less than 2 percentage points lower than
the overall efficiency based on load side measurements, the
efficiency based on load side measurements shall be considered
invalid. [Note on the rationale for the 2 percentage points limit.
The SLM method does not include boiler/heater jacket losses and, for
this reason, should provide an efficiency which is actually higher
than the efficiency based on the energy input and output
measurements or ``delivered efficiency.'' A delivered efficiency
that is higher than the efficiency based on the SLM could be
considered suspect. A delivered efficiency greater than 2 percentage
points higher than the efficiency based on the SLM, then, clearly
indicates a measurement error.]
    13.6.6 Carbon Monoxide Emissions
    For each minute of the test period, the carbon monoxide emission
rate shall be calculated as:
[GRAPHIC] [TIFF OMITTED] TR16MR15.015

    Total CO emissions for each of the three test periods
(CO_1, CO_2, CO_3) shall be
calculated as the sum of the emission rates for each of the 1-minute
intervals. Total CO emission for the test run, COT, shall
be calculated as the sum of CO_1, CO_2, and
CO_3.
    13.7 Weighted Average Emissions and Efficiency.
    13.7.1 Determine the weighted average emission rate and
delivered efficiency from the individual tests in the specified heat
output categories. The weighting factors (Fi) are derived
from an analysis of ASHRAE bin data which provides details of normal
building heating requirements in terms of percent of design capacity
and time in a particular capacity range--or ``bin''--over the course
of a heating season. The values used in this method represent an
average of data from several cities located in the northern United
States.
[GRAPHIC] [TIFF OMITTED] TR16MR15.016

    If, as discussed in section 12.5.8, the option to eliminate
tests in Category II and III is elected, the values of efficiency
and particulate emission rate as measured in Category I, shall be
assigned also to Category II and III for the purpose of determining
the annual averages.

14.0 Report

    14.1.1 The report shall include the following:
    14.1.2 Name and location of the laboratory conducting the test.
    14.1.3 A description of the appliance tested and its condition,
date of receipt and dates of tests.
    14.1.4 A description of the minimum amount of external thermal
storage that is required for use with this system. This shall be
specified both in terms of volume in gallons and stored energy
content in Btu with a storage temperature ranging from
125[emsp14][deg]F to the manufacturer's specified setpoint
temperature.
    14.1.5. A statement that the test results apply only to the
specific appliance tested.
    14.1.6 A statement that the test report shall not be reproduced
except in full, without the written approval of the laboratory.
    14.1.7 A description of the test procedures and test equipment
including a schematic or other drawing showing the location of all
required test equipment. Also, a description of test fuel sourcing,
handling and storage practices shall be included.
    14.1.8 Details of deviations from, additions to or exclusions
from the test method, and their data quality implications on the
test results (if any), as well as information on specific test
conditions, such as environmental conditions.
    14.1.9 A list of participants and their roles and observers
present for the tests.
    14.1.10 Data and drawings indicating the fire box size and
location of the fuel charge.
    14.1.11 Drawings and calculations used to determine firebox
volume.
    14.1.12 Information for each test run fuel charge including
piece size, moisture content and weight.
    14.1.13 All required data and applicable blanks for each test
run shall be provided in spreadsheet format both in the printed
report and in a computer file such that the data can be easily
analyzed and calculations easily verified. Formulas used for all
calculations shall be accessible for review.
    14.1.14 For each test run,
[Theta]1,[Theta]2, [Theta]3, the
total CO and particulate emission for each of these three periods,
and [Theta]4.
    14.1.15 Calculated results for delivered efficiency at each heat
output rate and the weighted average emissions reported as total
emissions in grams, pounds per mm Btu of delivered heat, grams per
MJ of delivered heat, grams per kilogram of dry fuel and grams per
hour. Results shall be reported for each heat output category and
the weighted average.
    14.1.16 Tables 1A, 1B, 1C, 1D, 1E and Table 2 must be used for
presentation of results in test reports.
    14.1.17 A statement of the estimated uncertainty of measurement
of the emissions and efficiency test results.
    14.1.18 A plot of CO emission rate in grams/minute vs. time,
based on 1 minute averages, for the entire test period, for each
run.
    14.1.19 A plot of estimated boiler/heater energy release rate in
Btu/hr based on 10 minute averages, for the entire test period, for
each run. This will be calculated from the fuel used, the wood
heating value and moisture content, and the SLM efficiency during
each 10 minute period.
    14.1.20 Raw data, calibration records, and other relevant
documentation shall be retained by the laboratory for a minimum of 7
years.

15.0 Precision and Bias

    15.1 Precision--It is not possible to specify the precision of
the procedure in this test method because the appliance operation
and fueling protocols and the appliances themselves produce variable
amounts of emissions and cannot be used to determine reproducibility
or repeatability of this test method.
    15.2 Bias--No definitive information can be presented on the
bias of the procedure in this test method for measuring solid fuel
burning hydronic heater emissions because no material having an
accepted reference value is available.

16.0 Keywords

    16.1 Solid fuel, hydronic heating appliances, wood-burning
hydronic heaters, partial thermal storage.

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0
7. Appendix I to Part 60 is revised to read as follows:

Appendix I to Part 60--Owner's Manuals and Temporary Labels for Wood
Heaters Subject to Subparts AAA and QQQQ of Part 60

1. Introduction

    The purpose of this appendix is to provide specific instructions
and examples to manufacturers for compliance with the owner's manual
provisions of subparts AAA and QQQQ of this part.

2. Instructions for Preparation of Wood Heater Owner's Manuals

    2.1 Introduction
    Although the owner's manuals do not require premarket approval,
EPA will monitor the contents to ensure that sufficient information
is included to provide heater proper operation and maintenance
information affecting emissions to consumers. The manufacturer must
make current and historical owner's manuals available on the company
Web site and upon request to the EPA. The purpose of this section is
to provide instructions to manufacturers for compliance with the
owner's manual provisions of Sec.  60.536(g) of subpart AAA that
applies to wood heaters and Sec.  60.5478(f) of subpart QQQQ that
applies to hydronic heaters and forced-air furnaces. A checklist of
topics and illustrative language is provided as instructions.
Owner's manuals should be tailored to specific wood heater models,
as appropriate.

2.2 Topics Required To Be Addressed in Owner's Manual

    (a) Wood heater description and compliance status;
    (b) Tamper warnings;
    (c) Overall heater warranty information and catalyst information
and warranty (if catalyst-equipped);
    (d) Fuel selection;
    (e) Achieving and maintaining catalyst light-off (if catalyst-
equipped);
    (f) Catalyst monitoring (if catalyst-equipped);
    (g) Troubleshooting catalytic-equipped heaters (if catalyst-
equipped);
    (h) Catalyst replacement (if catalyst-equipped);
    (i) Wood heater proper operation and maintenance, including
minimizing visible emissions;
    (j) Wood heater proper installation, including location, stack
height and achieving proper draft;
    (k) Use of smoke detectors and carbon monoxide monitors; and
    (l) Efficiency.

2.3 Sample Text/Descriptions

    (a) The following are example texts and/or further descriptions
illustrating the topics identified above. Although the regulation
requires manufacturers to address (where applicable) the 10 topics
identified above, the exact language is not specified. Manuals
should be written specific to the model and design of the wood
heater. The following instructions are composed of generic
descriptions and texts.
    (b) If manufacturers choose to use the language provided in the
example, the portion in italics should be revised as appropriate.
Any manufacturer electing to use the EPA example language will be
considered to be in compliance with owner's manual requirements
provided that the particular language is printed in full with only
such changes as are necessary to ensure accuracy.
    Example language is not provided for certain topics, since these
areas are generally heater specific. For these topics, manufacturers
should develop text that is specific to the proper operation and
maintenance of their particular products.

2.3.1 Wood Heater Description and Compliance Status

    Owner's manuals must include:
    (a) Manufacturer and model;
    (b) Compliance status (2015 standard, 2016 standard, 2017
standard, 2020 standard, crib wood standard or cord wood alternative
standard, last allowable sell date, etc.); and
    (c) Heat output range.

    Exhibit 1--Example Text covering 2.3.1(a), (b), and (c) of this
appendix:
    ``This manual describes the installation and operation of the
Brand X, Model 0 catalytic equipped wood heater. This heater meets
the 2015 U.S. Environmental Protection Agency's crib wood emission
limits for wood heaters sold after May 15, 2015. Under specific test
conditions this heater has been shown to deliver heat at rates
ranging from 8,000 to 35,000 Btu/hr.''

2.3.2 Tamper Warnings

    (a) The following statement must be included in the owner's
manual for all units:
    ``This wood heater has a manufacturer-set minimum low burn rate
that must not be altered. It is against federal regulations to alter
this setting or otherwise operate this wood heater in a manner
inconsistent with operating instructions in this manual.''
    (b) The following statement must be included in the owner's
manual for catalyst-equipped units:
    ``This wood heater contains a catalytic combustor, which needs
periodic inspection and replacement for proper operation. It is
against federal regulations to operate this wood heater in a manner
inconsistent with operating instructions in this manual, or if the
catalytic element is deactivated or removed.''

2.3.3 Overall Heater Warranty Information and Catalyst Information
and Warranty (if catalyst-equipped)

    The following information must be included with or supplied in
the owner's and warranty manuals:
    (a) Manufacturer and model, including catalyst if catalyst-
equipped;
    (b) Warranty details, including catalyst if catalyst-equipped;
and
    (c) Instructions for warranty claims.
    Exhibit 2--Example Text covering 2.3.3(a), (b), and (c) of this
appendix for catalysts:
    ``The combustor supplied with this heater is a Brand Z, Long
Life Combustor. Consult the catalytic combustor warranty also
supplied with this wood heater. Warranty claims should be addressed
to:

Stove or Catalyst Manufacturer-----------------------------------------

Address----------------------------------------------------------------
Phone #______________''

    <IP_ADDRESS> This section should also provide clear instructions on
how to exercise the warranty (how to package parts for return
shipment, etc.).
    2.3.4 Fuel Selection
    Owner's manuals must include:
    (a) Instructions on acceptable fuels;
    (b) Warning against inappropriate fuels; and
    (c) How to determine seasoned wood compared to unseasoned wood,
how to use moisture meters and other techniques and the importance
of seasoned wood.
    Exhibit 3--Example Text covering 2.3.4(a) and (b) of this
appendix:
    ``This heater is designed to burn natural wood only. Higher
efficiencies and lower emissions generally result when burning air
dried seasoned hardwoods, as compared to softwoods or to green or
freshly cut hardwoods. DO NOT BURN:
    (1) Garbage;
    (2) Lawn clippings or yard waste;
    (3) Materials containing rubber, including tires;
    (4) Materials containing plastic;
    (5) Waste petroleum products, paints or paint thinners, or
asphalt products;
    (6) Materials containing asbestos;
    (7) Construction or demolition debris;
    (8) Railroad ties or pressure-treated wood;
    (9) Manure or animal remains;
    (10) Salt water driftwood or other previously salt water
saturated materials;
    (11) Unseasoned wood; or
    (12) Paper products, cardboard, plywood, or particleboard. The
prohibition against burning these materials does not prohibit the
use of fire starters made from paper, cardboard, saw dust, wax and
similar substances for the purpose of starting a fire in an affected
wood heater.
    Burning these materials may result in release of toxic fumes or
render the heater ineffective and cause smoke.''

2.3.5 Achieving and Maintaining Catalyst Light-Off

    Owner's manuals must describe in detail proper procedures for:
    (a) Operation of catalyst bypass (stove specific);
    (b) Achieving catalyst light-off from a cold start; and
    (c) Achieving catalyst light-off when refueling.
    <IP_ADDRESS> No example text is supplied for describing operation of
catalyst bypass mechanisms (Item 2.3.5(a) of this appendix) since
these are typically stove-specific. Manufacturers must provide
instructions specific to their model describing:
    (1) Bypass position during startup;
    (2) Bypass position during normal operation; and
    (3) Bypass position during reloading.
    Exhibit 4--Example Text for Item 2.3.5(b) of this appendix:
    ``The temperature in the stove and the gases entering the
combustor must be raised to between 500[deg] to 700 [deg]F for
catalytic activity to be initiated. During the startup of a cold
stove, a medium to high firing rate must be maintained for about 20
minutes. This ensures that the stove, catalyst, and fuel are all
stabilized at proper operating temperatures. Even though it is
possible to have gas temperatures reach 600 [deg]F within 2 to 3
minutes after a fire is started, if the fire is allowed to die down
immediately, it may go out or the combustor may stop working. Once
the combustor starts working, heat generated in it by burning the
smoke will keep it working.''
    Exhibit 5--Example Text for Item 2.3.5(c) of this appendix:
    ``REFUELING: During the refueling and rekindling of a cool fire,
or a fire that has burned down to the charcoal phase, operate the
stove at a medium to high firing rate for about 10 minutes to ensure
that the catalyst reaches approximately 600 [deg]F.''

2.3.6 Catalyst Monitoring

    Owner's manuals must include:
    (a) Recommendation to visually inspect combustor at least three
times during the heating season;
    (b) Discussion on expected combustor temperatures for monitor-
equipped units; and
    (c) Suggested monitoring and inspection techniques and
importance of ensuring catalyst is operating properly.
    Exhibit 6--Example Text covering 2.3.6(a), (b) and (c) of this
appendix:
    ``It is important to periodically monitor the operation of the
catalytic combustor to ensure that it is functioning properly and to
determine when it needs to be replaced. A non-functioning combustor
will result in a loss of heating efficiency, and an increase in
creosote and emissions. Following is a list of items that should be
checked on a periodic basis:
     Combustors should be visually inspected at least three
times during the heating season to determine if physical degradation
has occurred. Actual removal of the combustor is not recommended
unless more detailed inspection is warranted because of decreased
performance. If any of these conditions exists, refer to Catalyst
Troubleshooting section of this owner's manual.
     This catalytic (or hybrid) heater is equipped with a
temperature probe to monitor catalyst operation. Properly
functioning combustors typically maintain temperatures in excess of
500 [deg]F, and often reach temperatures in excess of 1,000 [deg]F.
If catalyst temperatures are not in excess of 500 [deg]F, refer to
Catalyst Troubleshooting section of this owner's manual.
     You can get an indication of whether the catalyst is
working by comparing the amount of smoke leaving the chimney when
the smoke is going through the combustor and catalyst light-off has
been achieved, to the amount of smoke leaving the chimney when the
smoke is not routed through the combustor (bypass mode).
    Step 1--Light stove in accordance with instructions in section
3.3.5.
    Step 2--With smoke routed through the catalyst, go outside and
observe the emissions leaving the chimney.
    Step 3--Engage the bypass mechanism and again observe the
emissions leaving the chimney.
    Significantly more smoke will be seen when the exhaust is not
routed through the combustor (bypass mode).''

2.3.7 Catalyst Troubleshooting

    The owner's manual must provide clear descriptions of symptoms
and remedies to common combustor problems and importance. It is
recommended that photographs of catalyst peeling, plugging, thermal
cracking, mechanical cracking, and masking be included in the manual
to aid the consumer in identifying problems and to provide direction
for corrective action.

2.3.8 Catalyst Replacement

    The owner's manual must provide clear step-by-step instructions
on how to remove and replace the catalytic combustor. The section
should include diagrams and/or photographs.

2.3.9 Wood Heater Proper Operation and Maintenance

    The owner's manual must provide clear descriptions of symptoms
and remedies to

common heater problems and importance. The owner's manual
information must be adequate to enable consumers to achieve optimal
emissions performance. Such information must be consistent with the
operating instructions provided by the manufacturer to the approved
test laboratory for operating the wood heater during certification
testing, except for details of the certification test that would not
be relevant to the user.
    Owner's manual must include:
    (a) Recommendations about building and maintaining a fire,
especially for cold starts and the effectiveness of the top-down
approach for starting fires;
    (b) Instruction on proper use of air controls, including how to
establish good combustion and how to ensure good combustion at the
lowest burn rate for which the heater is warranted;
    (c) Ash removal and disposal;
    (d) Instruction replacement of gaskets, air tubes and other
parts that are critical to the emissions performance of the unit,
and other maintenance and repair instructions;
    (e) Warning against overfiring; and
    (f) Suggested monitoring and inspection techniques and
importance of ensuring heater is operating properly, including
ensuring visible emissions are minimized.
    <IP_ADDRESS> No example text is supplied for 2.3.9(a), (b), (d) and
(f) of this appendix since these items are model specific.
Manufacturers should provide detailed instructions on building and
maintaining a fire including selection of fuel pieces, fuel quantity
and stacking arrangement. Manufacturers should also provide
instruction on proper air settings (both primary and secondary) for
attaining minimum and maximum heat outputs and any special
instructions for operating thermostatic controls. Step-by-step
instructions on inspection and replacement of gaskets should also be
included. Manufacturers should provide diagrams and/or photographs
to assist the consumer. Gasket type and size should be specified.
    Exhibit 7--Example Text for Item 2.3.9(c) of this appendix:
    ``Whenever ashes get 3 to 4 inches deep in your firebox or ash
pan, and when the fire has burned down and cooled, remove excess
ashes. Leave an ash bed approximately 1 inch deep on the firebox
bottom to help maintain a hot charcoal bed.''
    ``Ashes should be placed in a metal container with a tight-
fitting lid. The closed container of ashes should be placed on a
noncombustible floor or on the ground, away from all combustible
materials, pending final disposal. The ashes should be retained in
the closed container until all cinders have thoroughly cooled.''
    Exhibit 8--Example Text covering Item 2.3.9(e) of this appendix:

``DO NOT OVERFIRE THIS HEATER''

    ``Attempts to achieve heat output rates that exceed heater
design specifications can result in permanent damage to the heater
and to the catalytic combustor if so equipped.''

2.3.10 Wood Heater Installation, Including Stack Height, Heater
Locations and Achieving Proper Draft

    Owner's manual must include:
    (a) Importance of proper draft;
    (b) Conditions indicating inadequate draft;
    (c) Conditions indicating excessive draft; and
    (d) Guidance on proper stack height and proper heater locations,
i.e., not too close to neighbors or in valleys that would cause
unhealthy air quality or nuisance conditions.
    <IP_ADDRESS> No example text is supplied for (d) because state,
local and tribal requirements are model and location specific.
    Exhibit 9--Example Text for Item (a):
    ``Draft is the force which moves air from the appliance up
through the chimney. The amount of draft in your chimney depends on
the length of the chimney, local geography, nearby obstructions and
other factors. Too much draft may cause excessive temperatures in
the appliance and may damage the catalytic combustor. Inadequate
draft may cause backpuffing into the room and `plugging' of the
chimney or the catalyst.''
    Exhibit 10--Example Text for Item (b):
    ``Inadequate draft will cause the appliance to leak smoke into
the room through appliance and chimney connector joints.''
    Exhibit 11--Example Text for Item (c):
    ``An uncontrollable burn or excessive temperature indicates
excessive draft.''

2.3.11 Efficiency

    Owner's manual must include:
    (a) Description of how the efficiency was determined, e.g., use
higher heating value of the fuel instead of lower heating value of
the fuel, discuss sweet spot versus annual average versus annual
fuel usage efficiency (AFUE);
    (b) How operation and fuels affect efficiency, e.g., seasoned
wood versus high moisture fuel; operation at sweet spot versus low-
burn rates; and
    (c) How location affects the efficiency, e.g., in main living
area versus basement versus outdoors in sub-freezing temperatures.

2.3.12 Smoke and Carbon Monoxide Emissions and Monitors

    Owner's manual must include:
    (a) Discussion of smoke and carbon monoxide (CO) emissions,
including the CO data submitted in the certification application and
expected variations for different operating conditions;
    (b) Recommendation to have smoke monitors; and
    (c) Recommendation to have monitors for areas that are expected
to generate CO, e.g., heater fueling areas, pellet fuel bulk storage
areas, sheds containing hydronic heaters.

3. Instructions for Preparation of Wood Heater Temporary Labels

    3.1 Temporary labels that show the values for emissions,
efficiency, recommended heating area and the compliance status may
(voluntarily) be affixed by the manufacturer to wood heaters that
meet the 2020 particulate matter emission standards early or that
meet the cord wood alternative compliance options in subparts AAA
and QQQQ of this part.
    3.2 The seller of each heater covered by section 3.1 may ensure
that the temporary label remains affixed until each heater is
purchased by the end user.
    3.3 The temporary label option for the 2020 particulate matter
emission standards end as of May 15, 2020.
    3.4 The template for the temporary labels will be supplied by
the Administrator upon request.

[FR Doc. 2015-03733 Filed 3-13-15; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 182 (Thursday, September 19, 2013)]
[Proposed Rules]
[Pages 57570-57571]
[FR Doc No: 2013-22762]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-0676]
RIN 1625-AA00

Safety Zone; Motion Picture Production; Chicago, Illinois

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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

SUMMARY: The Coast Guard will enforce the temporary safety zone for
motion picture filming in Calumet Harbor, Chicago, IL from 9 p.m. until
6 a.m., from September 15 through September 29, 2013. This action is
necessary and intended to ensure safety of life on navigable waters
during nighttime filming of a motion picture in Calumet Harbor. During
the aforementioned period, the Coast Guard will enforce restrictions
upon, and control movement of, vessels in a specified safety zone.
During the enforcement period, no person or vessel may enter the safety
zone without permission of the Captain of the Port, Lake Michigan.

DATES: The 33 CFR 165.T09-0676(a), Calumet Harbor, safety zone, will be
enforced from 9 p.m. until 6 a.m., from September 15 through September
29, 2013.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice,
call or email MST1 Joseph McCollum, Prevention Department, Coast Guard
Sector Lake Michigan, Milwaukee, WI at<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: This notice provides an updated enforcement
schedule for the Calumet Harbor safety zone listed in 33 CFR 165.T09-
0676 Safety Zone; Motion Picture Production; Chicago, IL (78 FR 20241,
August 20, 2013). This updated schedule

accommodates the anticipated nighttime filming of a motion picture in
the Calumet Harbor safety zone. Specifically, this zone encompasses all
waters of Lake Michigan, Calumet Harbor west of an imaginary line
connecting 41[deg]44'29.4'' N, 087[deg]31'33.9'' W and 41[deg]44'21''
N, 087[deg]31'47.12'' W (NAD 83). This zone will be enforced from 9
p.m. until 6 a.m. during filming from September 15 through September
29, 2013. This notice does not impact or change the enforcement
schedule published August 20, 2013, for the five safety zones in 33 CFR
165.T09-0676: from 6 a.m. to 9 p.m. on intermittent dates from August
20 through September 30, 2013.
    All vessels must obtain permission from the Captain of the Port,
Lake Michigan, or his on-scene representative to enter, move within, or
exit the safety zone. Vessels and persons granted permission to enter
the safety zone shall obey all lawful orders or directions of the
Captain of the Port, Lake Michigan, or his designated representative.
    This notice is issued under authority of 33 CFR 165.T09-0676 Safety
Zone; Motion Picture Production; Chicago, IL and 5 U.S.C. 552(a).
Because this notice has been written to accommodate late-night filming
in the production of a motion picture, the Coast Guard anticipates that
this zone will not be enforced for each night of September 15 until
September 29, but only during those nights in which filming occurs. As
such, in addition to this notice in the Federal Register, the Coast
Guard will provide the maritime community with advance notification of
this event via Broadcast Notice to Mariners or Local Notice to
Mariners. The Captain of the Port, Lake Michigan, or his on-scene
representative may be contacted via VHF Channel 16.

    Dated: September 10, 2013.
M.W. Sibley,
Captain, U. S. Coast Guard, Captain of the Port, Lake Michigan.
[FR Doc. 2013-22762 Filed 9-18-13; 8:45 am]
BILLING CODE 9110-04-P