[Federal Register Volume 81, Number 180 (Friday, September 16, 2016)]
[Proposed Rules]
[Pages 63732-63734]
[FR Doc No: 2016-22388]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2016-0444; FRL-9952-48-Region 9]

Approval of California Air Plan Revisions, South Coast Air
Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the South Coast Air Quality Management District
(SCAQMD) portion of the California State Implementation Plan (SIP).
These revisions concern emissions of oxides of nitrogen
(NOX) from ovens, dryers, dehydrators, heaters, kilns,
calciners, furnaces, crematories, incinerators, heated pots, cookers,
roasters, smokers, fryers, closed and open heated tanks and
evaporators, distillation units, afterburners, degassing units, vapor
incinerators, catalytic or thermal oxidizers, soil and water
remediation units, and other combustion equipment. We are proposing to
approve local rules to regulate these emission sources under the Clean
Air Act (CAA or the Act). We are taking comments on this proposal and
plan to follow with a final action.

DATES: Any comments must arrive by October 17, 2016.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2016-0444 at http://www.regulations.gov, or via email to Andrew
Steckel, Rulemaking Office Chief at<EMAIL_ADDRESS>For
comments submitted at Regulations.gov, follow the online instructions
for submitting comments. Once submitted, comments cannot be removed or
edited from Regulations.gov. For either manner of submission, the EPA
may publish any comment received to its public docket. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Multimedia submissions (audio, video, etc.) must be
accompanied by a written comment. The written comment is considered the
official comment and should include discussion of all points you wish
to make. The EPA will generally not consider comments or comment
contents located outside of the primary submission (i.e. on the Web,
cloud, or other file sharing system). For additional submission
methods, please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section. For the full EPA public comment policy,
information about CBI or multimedia submissions, and general guidance
on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Nicole Law, EPA Region IX, (415) 947-
4126<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.

Table of Contents

I. The State's Submittal
    A. What rules did the State submit?
    B. Are there other versions of these rules?
    C. What is the purpose of the submitted rules and rule
revisions?
II. The EPA's Evaluation and Action
    A. How is the EPA evaluating the rules?
    B. Do the rules meet the evaluation criteria?
    C. EPA Recommendations to Further Improve the Rules
    D. Public Comment and Proposed Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. The State's Submittal

A. What rules did the State submit?

    Table 1 lists the rules addressed by this action with the dates
that they were adopted by the local air agency and submitted by the
California Air Resources Board (CARB).

                                            Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
                                                                                Adopted/
          Local agency               Rule #                 Rule title                amended        Submitted
----------------------------------------------------------------------------------------------------------------
SCAQMD.........................            1147  NOX Reductions from                  09/09/2011      02/06/2013
                                                  Miscellaneous Sources.
SCAQMD.........................          1153.1  Emissions of Oxides of Nitrogen      09/07/2014      04/07/2015
                                                  from Commercial Food Ovens.
----------------------------------------------------------------------------------------------------------------

    On April 9, 2013 and April 30, 2015, the EPA determined that the
submittals for SCAQMD Rule 1147 and SCAQMD Rule 1153.1 met the
completeness criteria in 40 CFR part 51 Appendix V, which must be met
before formal EPA review.

B. Are there other versions of these rules?

    There are no previous versions of Rule 1153.1. We approved an
earlier version of Rule 1147 into the SIP on August 4, 2010 (75 FR
46845).

C. What is the purpose of the submitted rules and rule revisions?

    NOX helps produce ground-level ozone, smog and PM, which
harm human health and the environment. Section 110(a) of the CAA
requires States to submit regulations that control NOX
emissions. The revisions made to SCAQMD Rule 1147 are administrative
amendments that delay compliance dates. SCAQMD Rule 1153.1 is a new
rule that carves out the category of commercial food ovens from Rule
1147. Rule 1153.1 delays compliance and contains different
NOX emission limits than were required under rule 1147. The
EPA's technical support documents (TSDs) have more information about
these rules.

II. The EPA's Evaluation and Action

A. How is the EPA evaluating the rules?

    SIP rules must be enforceable (see CAA section 110(a)(2)), must not
interfere with applicable requirements concerning attainment and
reasonable further progress or other CAA requirements (see CAA section
110(l)), and must not modify certain SIP control requirements in
nonattainment areas without ensuring equivalent or greater emissions
reductions (see CAA section 193).
    Generally, SIP rules must require Reasonably Available Control
Technology (RACT) for each major source of NOX in ozone
nonattainment areas classified as moderate or above (see CAA sections
182(b)(2) and 182(f)). The SCAQMD regulates an ozone nonattainment area
classified as extreme for the 1-hour ozone standard, the 8-hour 1997
ozone standard, and the 8-hour 2008 ozone standard (40 CFR

81.305). Therefore, these rules must implement RACT. Additionally, SIP
rules must implement Best Available Control Measures (BACM), including
Best Available Control Technology (BACT), in serious PM2.5
nonattainment areas (see CAA section 189(b)(1)(B)). The SCAQMD
regulates a PM2.5 nonattainment area classified as serious
for the 2006 24-hr PM2.5 standard. (40 CFR 81.305.)
Therefore, although these rules must implement BACM and BACT, the BACM
and BACT evaluation is generally performed in context of a broader plan
and is not part of this rule evaluation.
    Guidance and policy documents that we use to evaluate
enforceability, revision/relaxation and rule stringency requirements
for the applicable criteria pollutants include the following:

1. ``State Implementation Plans; General Preamble for the
Implementation of Title I of the Clean Air Act Amendments of 1990,''
57 FR 13498 (April 16, 1992); 57 FR 18070 (April 28, 1992).
2. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and
Deviations,'' EPA, May 25, 1988 (the Bluebook, revised January 11,
1990).
3. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
4. ``State Implementation Plans; Nitrogen Oxides Supplement to the
General Preamble; Clean Air Act Amendments of 1990 Implementation of
Title I; Proposed Rule,'' (the NOX Supplement), 57 FR
55620, November 25, 1992.
5. ``NOX Emissions from Industrial/Commercial/
Institutional (ICI) Boilers,'' EPA, March 1994, (EPA-453/R-94-022,
March 1994).
6. ``Determination of Reasonably Available Control Technology and
Best Available Retrofit Control Technology for Industrial,
Institutional, and Commercial Boilers, Steam Generators, and Process
Heaters,'' CARB, July 18, 1991.

B. Do the rules meet the evaluation criteria?

    We believe these rules are consistent with CAA requirements and
relevant guidance regarding enforceability, RACT and SIP revisions.
SCAQMD previously adopted stringent future-effective emission limits
that had not been widely implemented for all affected sources. SCAQMD
intended to encourage wider adoption of low-emitting technology, but
understood that some sources might not be able to comply on schedule
for these and similar future-effective limits in other rules. As a
result, SCAQMD did not take credit for (``set aside'') some emission
reductions in certain attainment demonstrations. SCAQMD subsequently
determined that some sources cannot comply with Rules 1147 and 1153.1
on schedule despite reasonable efforts and therefore delayed certain
compliance dates. We do not believe that these changes impact the 2015
impracticability demonstration for the 2006 NAAQS for PM2.5,
the 2022 attainment demonstration for 1-hour ozone, or the 2023
attainment demonstration for the 1997 8-hour ozone standard because the
forgone emission reductions are less than a one ton per day set aside
by SCAQMD in their 2014 inventory used to model attainment and beyond
2020 there are no emissions forgone due to the rule amendments. The
TSDs have more information on our evaluation.

C. EPA Recommendations to Further Improve the Rules

    The TSDs describe additional rule revisions that we recommend for
the next time the local agency modifies the rules but are not currently
the basis for rule disapproval.

D. Public Comment and Proposed Action

    As authorized in section 110(k)(3) of the Act, the EPA proposes to
fully approve the submitted rules because we believe they fulfill all
relevant requirements. We will accept comments from the public on this
proposal until October 17, 2016. If we take final action to approve the
submitted rules, our final action will incorporate these rules into the
federally enforceable SIP.

III. Incorporation by Reference

    In this rule, the EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference the SCAQMD rules described in Table 1 of this preamble. The
EPA has made, and will continue to make, these materials available
through www.regulations.gov and at the EPA Region IX Office (please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section of this preamble for more information).

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve State
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this proposed action merely proposes to approve State law
as meeting federal requirements and does not impose additional
requirements beyond those imposed by State law. For that reason, this
proposed action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address disproportionate human health or environmental effects with
practical, appropriate, and legally permissible methods under Executive
Order 12898 (59 FR 7629, February 16, 1994).

In addition, the SIP is not approved to apply on any Indian reservation
land or in any other area where the EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements.

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

    Dated: August 24, 2016.
Alexis Strauss,
Acting Regional Administrator, Region IX.
[FR Doc. 2016-22388 Filed 9-15-16; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: March 4, 2009 (Volume 74, Number 41)]
[Notices]
[Page 9461-9463]
[DOCID:fr04mr09-101]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-59454; File No. SR-NYSEALTR-2009-17]

Self-Regulatory Organizations; Notice of Filing and Immediate
Effectiveness of Proposed Rule Change by NYSE Alternext U.S. LLC To
Delete Certain Rules Governing the Trading of Listed Options

February 25, 2009.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on February 23, 2009, NYSE Alternext US LLC (the ``Exchange'' or ``NYSE
Alternext'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the Exchange. The Exchange
filed the proposed rule change pursuant to Section 19(b)(3)(A) of the
Act \3\ and Rule 19b-4(f)(6) thereunder,\4\ which renders it effective
upon filing with the Commission. 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\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to delete old rules governing the trading of
listed

options which are being replaced by rules identified in a separate
filing, SR-NYSEALTR-2008-14, which proposes new Section 900NY. The old
rules will no longer apply upon a) the implementation of a new trading
platform for options, NYSE Amex System (``System'') and b) relocation
of the Trading Floor to 11 Wall Street, New York, NY. The text of the
proposed rule change is available on the Exchange's Web site at http://
www.nyse.com, at the Exchange's principal office, 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, the Proposed Rule Change

1. Purpose
    In a separate filing, SR-NYSEALTR-2008-14, the Exchange has
proposed rules to introduce a modern electronic trading platform to
support options trading, and in addition, proposes to update and
reorganize open outcry trading at the time of the migration to the new
platform and the move to a new Options Trading Floor at 11 Wall Street,
New York, NY. The new rule set is proposed as Section 900NY.
    Rule Section 900NY will replace certain existing NYSE Alternext
Rules. These are, under General Rules, Rule 1, Hours of Business; Rule
2, Visitors; Rule 21, Appointment of the Senior Supervisory Officer,
Senior Floor Officials, Exchange Officials and Floor Officials; Rule
21, Authority of Floor Officials; Rule 27A, Allocation of Options; Rule
170, Registration and Functions of Specialists; Rule 171, Specialist
Financial Requirements; Rule 172, Relief and Temporary Specialists;
Rule 173, Relief and Temporary Specialist Financial Requirements; Rule
174, Disclosures by Specialists Prohibited; Rule 175, Specialist
Prohibitions. Under Trading of Options Contracts, the superseded Rules
are, in Section 1, Rule 900, Applicability Definitions and References;
in Section 2, Rule 918, Trading Rotations, Halts, and Suspensions; in
Section 3, Rule 933, Automatic Execution of Options Orders; Rule 934,
Limitation on Orders; Rule 936, Cancellation and Adjustment of Equity
Options Transactions; in Section 4, Rule 941, Operation of the Linkage;
Rule 942, Order Protection; Rule 943, Locked Markets; Rule 944,
Limitation on Principal Order Access.
    Additionally, Section 900NY will replace, in Section 5--Floor Rules
Applicable to Options, Rule 950, Rules of General Applicability; Rule
951, Premium Bids and Offers; Rule 952, Minimum Price Variations; Rule
953, Acceptance of Bid or Offer; Rule 954, Units of Trading; Rule 955,
Floor Reports of Exchange Options Transactions; Rule 956, Open Orders
on ``Ex Date''; Rule 957, Accounts, Orders and Records of Registered
Traders, Designated NYSE Alternext Remote Traders, Specialists and
Associated Persons; Rule 958, Options Transactions of Registered
Traders; Rule 958A, Application of the Firm Quote Rule, Rule 959,
Accommodation Transactions; in Section 9, Rule 992, Exchange Options
Market Data System; in Section 11--Stock Index Options, Rule 918C,
Trading Rotations, Halts and Suspensions; and in ANTE Rules, all Rules
(Rule 900 -ANTE through Rule 997-ANTE).
    This filing seeks to remove these replaced Rules from the NYSE
Alternext US LLC Rulebook upon implementation of the new NYSE Amex
Options trading system and the opening of the new Trading Floor at 11
Wall Street.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) \5\ of the
Securities Exchange Act of 1934 (the ``Act''), in general, and furthers
the objectives of Section 6(b)(5) \6\ 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, and to remove impediments to and perfect the mechanisms of
a free and open market and a national market system.
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    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(5).
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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.

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:
    (i) Significantly affect the protection of investors or the public
interest;
    (ii) Impose any significant burden on competition; and
    (iii) Become operative for 30 days from the date on which it was
filed, or such shorter time as the Commission may designate, if
consistent with the protection of investors and the public interest, it
has become effective pursuant to Section 19(b)(3)(A) of the Act \7\ and
Rule 19b-4(f)(6) thereunder.\8\
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    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the self-regulatory organization to submit to the
Commission written notice of its 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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    The Exchange has requested that the Commission waive the 30-day
operative delay to the extent that such action is necessary to make the
proposed rule change operative upon implementation of the new NYSE Amex
Options trading system and the opening of the new Options Trading Floor
at 11 Wall Street.\9\ The Commission hereby grants the Exchange's
request and believes that such action is consistent with the protection
of investors and the public interest.\10\ If the Commission approves
SR-NYSEALTR-2008-14, it will be necessary for this proposed rule change
to become operative simultaneously with the operative date of the new
rules proposed in SR-NYSEALTR-2008-14. Otherwise, the Exchange would
have conflicting rules on its books. Therefore, the Commission waives
any part of the 30-day period in connection with this filing that is
necessary to make the two filings operative simultaneously. The

Commission notes, however, that its action in this matter is without
prejudice to any action it may take with respect to SR-NYSEALTR-2008-
14.
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    \9\ The implementation of the new trading system and opening of
the new Options Trading Floor are currently scheduled for March 2,
2009, pending approval of SR-NYSEALTR-2008-14.
    \10\ For purposes only of waiving the operative date of this
proposal, the Commission has considered the proposed rule's impact
on efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate 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 e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NYSEALTR-2009-17 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-NYSEALTR-2009-17. This
file number should be included on the subject line if e-mail 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 inspection
and copying in the Commission's Public Reference Room on official
business days between the hours of 10 a.m. and 3 p.m. Copies of such
filing also will be available for inspection and copying at the
principal office of the Exchange. 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-NYSEALTR-2009-17 and should be submitted on or before
March 25, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
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    \11\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-4562 Filed 3-3-09; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 226 (Friday, November 25, 2022)]
[Proposed Rules]
[Pages 72419-72422]
[FR Doc No: 2022-25694]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1485; Project Identifier MCAI-2022-00522-T]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc., Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain Bombardier, Inc., Model BD-700-2A12 airplanes. This
proposed AD was prompted by a report that certain fasteners attaching
the fuselage skin to a certain stringer may be missing. This proposed
AD would require inspecting for missing fasteners and damage, including
cracking, of the affected area, and repair or installation of fasteners
if necessary. The FAA is proposing this AD to address the unsafe
condition on these products.

DATES: The FAA must receive comments on this proposed AD by January 9,
2023.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to regulations.gov. Follow
the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2022-1485; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this NPRM, the mandatory continuing airworthiness
information (MCAI), any comments received, and other information. The
street address for Docket Operations is listed above.
    Material Incorporated by Reference:

     For service information identified in this NPRM, contact
Bombardier Business Aircraft Customer Response Center, 400 C[ocirc]te-
Vertu Road West, Dorval, Qu[eacute]bec H4S 1Y9, Canada; telephone 514-
855-2999; email bombardier.com">[email protected]bombardier.com; website bombardier.com.
     You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Jiwan Karunatilake, Aerospace
Engineer, Airframe and Propulsion Section, FAA, New York ACO Branch,
1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-
7300; email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2022-1485; Project Identifier
MCAI-2022-00522-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
the proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to Jiwan
Karunatilake, Aerospace Engineer, Airframe and Propulsion Section, FAA,
New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY
11590; telephone<PHONE_NUMBER>; email [email protected]. Any
commentary that the FAA receives which is not specifically designated
as CBI will be placed in the public docket for this rulemaking.

Background

    Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued TCCA AD CF-2022-17, dated April 13,
2022 (TCCA AD CF-2022-17) (also referred to after this as the MCAI), to
correct an unsafe condition on certain Bombardier, Inc., Model BD-700-
2A12 airplanes. The MCAI states that certain fasteners attaching the
fuselage skin to stringer 19 between fuselage station (FS) FS945.75 and
FS961.45 may be missing. The affected area of the fuselage is a build-
up of skin, stringers, and frames, and is identified as a principal
structural element for which missing fasteners could significantly
reduce safety margins. The FAA is proposing this AD to address missing
fasteners, which may subject the skin to inter-rivet buckling under
compressive load, creating a hazard of permanent deformation and/or
cracking of the skin. The MCAI requires an inspection for missing
fasteners and damage, repair of damage, and installation of any
fasteners that were missing. See the MCAI for additional background
information.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Bombardier Service Bulletin 700-53-7547, dated
July 21, 2021. This service information specifies procedures for
inspecting the affected area of the fuselage skin attached to stringer
19 between fuselage station (FS) FS945.75 and FS961.45 for missing
fasteners and associated damage, and for installing missing fasteners
and repairing any damage. This service information is reasonably
available because the interested parties have access to it through
their normal course of business or by the means identified in the
ADDRESSES section.

FAA's Determination

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to the FAA's bilateral agreement with the State of Design Authority,
the FAA has been notified of the unsafe condition described in the MCAI
and service information referenced above. The FAA is proposing this AD
because the FAA evaluated all the relevant information and determined
the unsafe condition described previously is likely to exist or develop
on other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified
in the service information already described.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 11 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
5 work-hours x $85 per hour = $425...........................              $0             $425           $4,675
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition actions that would be required based on the results of any
required actions. The FAA has no way of determining the number of
aircraft that might need these on-condition actions:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
                                                             Cost per
              Labor cost                   Parts cost        product
------------------------------------------------------------------------
27 work-hours x $85 per hour = $2,295.          $5,792           $8,087
------------------------------------------------------------------------

    The FAA has included all known costs in its cost estimate.
According to the manufacturer, however, some or all of the costs of
this proposed AD may be covered under warranty, thereby reducing the
cost impact on affected operators.

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

Bombardier, Inc.: Docket No. FAA-2022-1485; Project Identifier MCAI-
2022-00522-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by January 9, 2023.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc., Model BD-700-2A12
airplanes, certificated in any category, serial numbers 70020
through 70039 inclusive, 70041, 70046, and 70047.

(d) Subject

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

(e) Unsafe Condition

    This AD was prompted by a report that certain fasteners
attaching the fuselage skin to a certain stringer may be missing.
The FAA is issuing this AD to address missing fasteners, which may
subject the skin to inter-rivet buckling under compressive load. The
unsafe condition, if not addressed, could create a hazard of
permanent deformation and/or cracking of the skin.

(f) Compliance

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

(g) Required Actions

    Within 32 months from the effective date of this AD: Do a
detailed visual inspection for missing fasteners and damage,
including cracking, in the fuselage skin attached to stringer 19
between fuselage station (FS) FS945.75 and FS961.45. Repair any
damage found, and install fasteners where missing, in accordance
with the Accomplishment Instructions of Bombardier Service Bulletin
700-53-7547, dated July 21, 2021.

 (h) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York ACO Branch, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. In
accordance with 14 CFR 39.19, send your request to your principal
inspector or responsible Flight Standards Office, as appropriate. If
sending information directly to the manager of the certification
office, send it to ATTN: Program Manager, Continuing Operational
Safety, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone<PHONE_NUMBER>. Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the responsible Flight
Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, New York ACO
Branch, FAA; or Transport Canada Civil Aviation (TCCA); or
Bombardier, Inc.'s TCCA Design Approval Organization (DAO). If
approved by the DAO, the approval must include the DAO-authorized
signature.

(i) Additional Information

    (1) Refer to TCCA AD CF-2022-17, dated April 13, 2022, for
related information. This TCCA AD may be found in the AD docket at
regulations.gov under Docket No. FAA-2022-1485.
    (2) For more information about this AD, contact Jiwan
Karunatilake, Aerospace Engineer, Airframe and Propulsion Section,
FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury,
NY 11590; telephone<PHONE_NUMBER>; email [email protected].

 (j) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) Bombardier Service Bulletin 700-53-7547, dated July 21,
2021.
    (ii) [Reserved]
    (3) For service information identified in this AD, contact
Bombardier Business Aircraft Customer Response Center, 400
C[ocirc]te-Vertu Road West, Dorval, Qu[eacute]bec H4S 1Y9, Canada;
telephone<PHONE_NUMBER>; email

bombardier.com">[email protected]bombardier.com; website bombardier.com.
    (4) You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200
South 216th St., Des Moines, WA. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, email [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on November 16, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-25694 Filed 11-23-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 6 (Monday, January 11, 2021)]
[Notices]
[Pages 1979-1981]
[FR Doc No: 2021-00189]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2016-D-2635]

Potential Approach for Defining Durations of Use for Medically
Important Antimicrobial Drugs Intended for Use In or On Feed: A Concept
Paper; Request for Comments

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice; request for comments.

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

SUMMARY: The Food and Drug Administration (FDA, we, or Agency) is
requesting comments on a document entitled ``Potential Approach for
Defining Durations of Use for Medically Important Antimicrobial Drugs
Intended for Use In or On Feed: A Concept Paper.'' The concept paper
outlines a potential framework for how sponsors of new animal drug
products containing medically important antimicrobial drugs approved
for use in or on animal feed might voluntarily establish appropriately
defined durations of therapeutic administration to food-producing
animals where none currently exist. Establishing appropriately defined
durations of use to mitigate development of antimicrobial resistance
would be consistent with previous efforts by FDA to protect public
health by promoting the judicious use of these drugs in food-producing
animals.

DATES: Submit either electronic or written comments by April 12, 2021.

ADDRESSES: You may submit comments as follows. Please note that late,
untimely filed comments will not be considered. Electronic comments
must be submitted on or before April 12, 2021. The https://www.regulations.gov electronic filing system will accept comments until
11:59 p.m. Eastern Time at the end of April 12, 2021. Comments received
by mail/hand delivery/courier (for written/paper submissions) will be
considered timely if they are postmarked or the delivery service
acceptance receipt is on or before that date.

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2016-D-2635 for ``Potential Approach for Defining Durations of Use
for Medically Important Antimicrobial Drugs Intended for Use In or On
Feed: A Concept Paper.'' Received comments, those filed in a timely
manner (see ADDRESSES), will be placed in the docket and, except for
those submitted as ``Confidential Submissions,'' publicly viewable at
https://www.regulations.gov or at the Dockets Management Staff between
9 a.m. and 4 p.m., Monday through Friday,<PHONE_NUMBER>.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the

``Search'' box and follow the prompts and/or go to the Dockets
Management Staff, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852,
240-402-7500.
    Submit written requests for single copies of the concept paper to
the Policy and Regulations Staff (HFV-6), Center for Veterinary
Medicine, Food and Drug Administration, 7500 Standish Pl., Rockville,
MD 20855. Send one self-addressed adhesive label to assist that office
in processing your requests. See the SUPPLEMENTARY INFORMATION section
for electronic access to the concept paper.

FOR FURTHER INFORMATION CONTACT: John Mussman, Center for Veterinary
Medicine (HFV-130), Food and Drug Administration, 7500 Standish Pl.,
Rockville, MD 20855,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    In response to recommendations made by FDA in Guidance for Industry
(GFI) #213,\1\ as part of a strategy to address antimicrobial
resistance associated with the use of antimicrobial drugs in animal
agriculture, sponsors of all new animal drugs containing antimicrobial
drugs important to human medicine (medically important antimicrobial
drugs) approved for use in or on the feed or in the drinking water of
food-producing animals worked with FDA over a 3-year period from 2013
to 2016 to voluntarily withdraw approval of indications that were not
considered necessary for assuring animal health (production
indications) and to voluntarily change the marketing status of all
remaining approved uses of such new animal drugs from ``over the
counter'' to either by veterinary prescription or by veterinary feed
directive, as applicable.
---------------------------------------------------------------------------

    \1\ See GFI #213, ``New Animal Drugs and New Animal Drug
Combination Products Administered in or on Medicated Feed or
Drinking Water of Food-Producing Animals: Recommendations for Drug
Sponsors for Voluntarily Aligning Product Use Conditions with GFI
#209,'' December 2013. (https://www.fda.gov/regulatory-information/search-fda-guidance-documents/cvm-gfi-213-new-animal-drugs-and-new-animal-drug-combination-products-administered-or-medicated-feed)
---------------------------------------------------------------------------

    In September 2016, FDA announced that it intended to enter the next
phase of its efforts to mitigate antimicrobial resistance by focusing
on medically important antimicrobial drugs used in animal feed or water
that have at least one therapeutic indication without a defined
duration of use. In a notice published in the Federal Register on
September 14, 2016 (81 FR 63187), the Agency requested information from
the public about how to establish appropriately targeted durations of
use for therapeutic products affected by GFI #213 with no defined
duration of use. Public feedback received in response to that request
for information was taken into consideration during development of this
concept paper.
    On September 14, 2018, FDA released a 5-year action plan for
supporting antimicrobial stewardship in veterinary settings.\2\ This
plan includes an action item intended to ensure that all medically
important antimicrobial drugs used in or on the feed or drinking water
of food-producing animals have an appropriately targeted duration of
use.\3\
---------------------------------------------------------------------------

    \2\ See FDA's 5-year action plan entitled, ``Supporting
Antimicrobial Stewardship in Veterinary Settings: Goals for Fiscal
Years 2019-2023.'' (https://www.fda.gov/media/115776/download)
    \3\ See Action item 1.1.2 of the 5-year plan.
---------------------------------------------------------------------------

II. Request for Comments

    We are requesting early input and comments from the public on a
concept paper that outlines a potential framework for how sponsors of
approved new animal drug applications and abbreviated new animal drug
applications for products containing medically important antimicrobial
drugs for use in or on the feed of food-producing animals could
voluntarily change the approved conditions of use of these drugs to
establish appropriately defined durations of use for those indications
that currently have an undefined duration of use. A copy of the concept
paper may be obtained as described in section III below.
    For the purpose of this potential framework, the term ``undefined
duration of use'' means that for one or more of the indications for
which the drug is approved, the product's labeling either includes no
information regarding the duration of administration or otherwise does
not provide an appropriately targeted duration of use. Although FDA's
5-year action plan for supporting antimicrobial stewardship that issued
in September 2018 included an action item calling for the Agency to
develop a strategy for establishing appropriately defined durations of
use for medically important antimicrobial drugs used in or on the feed
or drinking water of food-producing animals, the Center for Veterinary
Medicine later determined that all of the approved uses of medically
important antimicrobial drugs in dosage forms other than feed already
have appropriately defined durations of use. For this reason, the scope
of the concept paper is limited to those drugs that are approved for
use in or on medicated feed.
    The concept paper is intended to outline for sponsors and other
stakeholders a potential process framework for how to make voluntary
changes to the approved conditions of use of their medically important
antimicrobial drugs administered in or on the medicated feed of food-
producing animals to establish appropriately defined durations of use
where none currently exist. Establishing appropriately defined
durations of use to mitigate the development of antimicrobial
resistance would be consistent with previous efforts by FDA to protect
public health by promoting the judicious use of these drugs in food-
producing animals.
    Under the potential framework described in the concept paper, the
process for revising the conditions of use would include making changes
to the approved labeling for the product to appropriately define
duration of use and, when appropriate, providing additional information
to be included on the product's labeling that would be relevant to the
veterinarian in determining when drug administration should be
initiated or stopped in accordance with the approved labeling and
consistent with the principles of judicious use of antimicrobials. In
addition, were the potential framework later to be adopted through
guidance, sponsors who choose to voluntarily establish appropriately
defined durations of use for their products would be expected to submit
data or other information supporting effectiveness at the shortest
duration of use proposed for the labeling.
    The potential framework includes a possible timeline for sponsors,
with two phases: Phase 1, reassessing the existing data used to support
the original approval of the affected product indications, considering
what additional data or information might be needed, and formulating
plans to obtain such data or information; and Phase 2, taking steps to
obtain approval of revisions to conditions of use for their affected
products. The potential framework also includes possible timelines for
making labeling changes to combination proprietary free-choice
medicated feeds and generic products, as well as a possible timeline
for sponsors who intend to voluntarily withdraw the approval of an
indication or an entire application rather than submit data or other
information to define a duration of use.
    We do not intend for the concept paper described in this notice to
produce any decisions or new positions on specific regulatory issues or
processes. Rather, the intent is to gather

information and obtain early input from the public on a potential
framework for how sponsors may voluntarily change the approved
conditions of use of medically important antimicrobial drugs used in or
on the medicated feed of food-producing animals to establish an
appropriately defined duration of use for those indications that
currently have an undefined duration of use. The concept paper does not
contain recommendations and does not constitute draft or final guidance
by FDA. It should not be used for any purpose other than to facilitate
public comment. FDA intends to consider all information and comments
received on the concept paper before issuing draft guidance for
additional comment.
    We are specifically interested in receiving public comments on the
following questions:
    1. Are the potential timeframes outlined in the concept paper
reasonable to achieve the goals described in the concept paper? If not,
are there specific scientific or administrative barriers that would
prevent sponsors from meeting these timeframes?
    2. Are the potential processes for revising the applications
described in the concept paper reasonable? If not, what specific
adjustments could be made to improve these processes?
    3. Are there other factors we should consider regarding this
potential framework? If so, what are they?

III. Electronic Access

    Persons with access to the internet may obtain the concept paper at
either https://www.fda.gov/animal-veterinary/guidance-regulations/guidance-industry or https://www.regulations.gov.

    Dated: January 4, 2021.
Lauren K. Roth,
Acting Principal Associate Commissioner for Policy.
[FR Doc. 2021-00189 Filed 1-8-21; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 87, Number 82 (Thursday, April 28, 2022)]
[Notices]
[Pages 25256-25259]
[FR Doc No: 2022-09131]

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

[EPA-HQ-OPP-2022-0223; FRL-9723-01-OCSPP]

Notice of Receipts of Requests to Voluntarily Cancel Certain
Pesticide Registrations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: In accordance with the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA), EPA is issuing a notice of receipt of requests
by registrants to voluntarily cancel certain pesticide registrations.
EPA intends to grant these requests at the close of the comment period
for this announcement unless the Agency receives substantive comments
within the comment period that would merit its further review of the
requests, or unless the registrants withdraw its requests. If these
requests are granted, any sale, distribution, or use of products listed
in this notice will be permitted after the registration has been
cancelled only if such sale, distribution, or use is consistent with
the terms as described in the final order.

DATES: Comments must be received on or before May 31, 2022.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2022-0223, through the Federal eRulemaking
Portal at https://www.regulations.gov. Follow the online instructions
for submitting comments. Do not submit electronically any information
you consider to be Confidential Business Information (CBI)

or other information whose disclosure is restricted by statute.
Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at https://www.epa.gov/dockets.
    Submit written withdrawal request by mail to: Registration Division
(7502P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave. NW, Washington, DC 20460-0001. ATTN: Christopher
Green.
    Due to the public health concerns related to COVID-19, the EPA
Docket Center (EPA/DC) and Reading Room is closed to visitors with
limited exceptions. The staff continues to provide remote customer
service via email, phone, and webform. For the latest status
information on EPA/DC services and docket access, visit https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Christopher Green, Registration
Division (7502P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>; email address:
[email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general and may be of
interest to a wide range of stakeholders including environmental, human
health, and agricultural advocates; the chemical industry; pesticide
users; and members of the public interested in the sale, distribution,
or use of pesticides. Since others also may be interested, the Agency
has not attempted to describe all the specific entities that may be
affected by this action.

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 email. 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 preparing and submitting
your comments, see the commenting tips at https://www.epa.gov/dockets/commenting-epa-dockets.

II. What action is the Agency taking?

    This notice announces receipt by the Agency of requests from
registrants to cancel certain pesticide products registered under FIFRA
section 3 (7 U.S.C. 136a) or 24(c) (7 U.S.C. 136v(c)). These
registrations are listed in sequence by registration number (or company
number and 24(c) number) in Table 1 and Table 1A of this unit.
    Unless the Agency determines that there are substantive comments
that warrant further review of the requests or the registrants withdraw
their requests, EPA intends to issue an order in the Federal Register
canceling all of the affected registrations.

                          Table 1--Registrations With Pending Requests for Cancellation
----------------------------------------------------------------------------------------------------------------
        Registration No.          Company No.            Product name                   Active ingredients
----------------------------------------------------------------------------------------------------------------
239-2657........................          239  Ortho Groundclear Total           Glyphosate-isopropylammonium &
                                                Vegetation Killer.                Imazapyr, isopropylamine salt.
239-2686........................          239  Ground Clear RTU................  Imazapyr, isopropylamine salt &
                                                                                Glyphosate-isopropylammonium.
279-3465........................          279  F-9559 Insecticide..............  lambda-Cyhalothrin.
279-3538........................          279  Nufos 4E........................  Chlorpyrifos.
279-3551........................          279  Proaxis CHA.....................  Gamma-Cyhalothrin.
279-3574........................          279  Proaxis EX......................  Gamma-Cyhalothrin.
279-3578........................          279  Fyfanon Plus ULV................  Malathion (NO INERT USE) &
                                                                                gamma-Cyhalothrin.
279-3581........................          279  Bolton Insecticide..............  Chlorpyrifos & gamma-
                                                                                Cyhalothrin.
279-3582........................          279  Prolex..........................  Gamma-Cyhalothrin.
279-3598........................          279  Malathion 851 G/L + Gamma-        Gamma-Cyhalothrin & Malathion
                                                Cyhalothrin 12.8 G/L EC.          (NO INERT USE).
279-9545........................          279  F9047-2 EC Insecticide..........  Chlorpyrifos & Zeta-
                                                                                Cypermethrin.
279-9570........................          279  Gat Lambda 25 CS................  Lambda-Cyhalothrin.
279-9572........................          279  Gat Chlorpyrifos Cs.............  Chlorpyrifos.
279-9574........................          279  Chlorpyrifos 42 CS..............  Chlorpyrifos.
499-367.........................          499  Whitmire PT 275 Dur-O-Cap         Chlorpyrifos.
                                                Microencapsulated Chlorpyrifos.
499-405.........................          499  Whitmire PT 1920 Total Release    Chlorpyrifos.
                                                Insecticide.
499-419.........................          499  Duration PT 275 MC                Chlorpyrifos.
                                                Microencapsulated Dursban
                                                Liquid Concentrate.
1381-210........................         1381  Mystic Z Insecticide............  Lambda-Cyhalothrin.
1381-211........................         1381  Grizzly Z Insecticide...........  Lambda-Cyhalothrin.
1381-257........................         1381  Grizzly Too.....................  Lambda-Cyhalothrin.
6836-276........................         6836  Lonza Dc-101 RTU................  Alkyl* dimethyl benzyl ammonium
                                                                                chloride *(50%C14, 40%C12,
                                                                                10%C16); 1-Decanaminium, N-
                                                                                decyl-N,N-dimethyl-, chloride;
                                                                                1-Octanaminium, N,N-dimethyl-N-
                                                                                octyl-, chloride & 1-
                                                                                Decanaminium, N,N-dimethyl-N-
                                                                                octyl-, chloride.
7969-144........................         7969  Frontier Herbicide..............  Dimethenamid.
7969-147........................         7969  Frontier 6.0 Herbicide..........  Dimethenamid.
9688-124........................         9688  Fungicide M1....................  Myclobutanil.
9688-157........................         9688  Chemsico Aerosol M..............  Myclobutanil.
9688-158........................         9688  Chemsico RTU M..................  Myclobutanil.
9688-160........................         9688  Chemsico Fungicide Concentrate    Myclobutanil.
                                                M6.

9688-165........................         9688  Chemsico Fungicide Concentrate    Myclobutanil.
                                                3000.
9688-219........................         9688  Chemsico Lawn Granules 4LF......  Lambda-Cyhalothrin.
9688-220........................         9688  Chemsico Lawn Granules 3LF......  Lambda-Cyhalothrin.
34704-917.......................        34704  Isoxaben 75DF Specialty           Isoxaben.
                                                Herbicide.
34704-968.......................        34704  LPI Iprodione Fungicide.........  Iprodione.
53883-70........................        53883  Martin's Insectitabs............  Lambda-Cyhalothrin.
53883-260.......................        53883  CSI Lambda 25 CS................  Lambda-Cyhalothrin.
53883-261.......................        53883  CSI Lambda 9.7 CS...............  Lambda-Cyhalothrin.
53883-264.......................        53883  CSI Chlorpyrifos CS.............  Chlorpyrifos.
53883-292.......................        53883  CSI Lambda-Cyhalothrin Technical  Lambda-Cyhalothrin.
53883-331.......................        53883  CSI Chlorpyrifos 42 CS            Chlorpyrifos.
                                                Insecticide.
53883-355.......................        53883  CSI Chlorpyrifos 20 CS..........  Chlorpyrifos.
83222-23........................        83222  Lambda 25 CS....................  Lambda-Cyhalothrin.
83402-1.........................        83402  Zestat A-100....................  Cetyl pyridinium chloride.
83402-2.........................        83402  Zestat Preservative.............  Cetyl pyridinium chloride.
86363-11........................        86363  Bifenchlor......................  Bifenthrin & Chlorpyrifos.
87373-41........................        87373  A364.02.........................  Paraquat dichloride.
87373-112.......................        87373  Paraquat Technical..............  Paraquat dichloride.
89168-20........................        89168  Liberty Chlorpyrifos Bifenthrin.  Bifenthrin & Chlorpyrifos.
89168-24........................        89168  Liberty Chlorpyrifos 4E.........  Chlorpyrifos.
89168-47........................        89168  Liberty Granular Insecticide....  Bifenthrin & Chlorpyrifos.
89459-69........................        89459  Equil Pyrifos...................  Chlorpyrifos.
91234-87........................        91234  A364.01.........................  Paraquat dichloride.
92061-1.........................        92061  United Disinfectant Wipes.......  Alkyl* dimethyl 3,4-
                                                                                dichlorobenzyl ammonium
                                                                                chloride *(50%C14, 40%C12,
                                                                                10%C16); 1-Decanaminium, N-
                                                                                decyl-N,N-dimethyl-, chloride;
                                                                                1-Octanaminium, N,N-dimethyl-N-
                                                                                octyl-, chloride & 1-
                                                                                Decanaminium, N,N-dimethyl-N-
                                                                                octyl-, chloride.
AZ-190001.......................        62719  Enlist Duo......................  2,4-D, Choline salt & Glycine,
                                                                                N-(phosphonomethyl)-, compd.
                                                                                with N-methylmethanamine
                                                                                (1:1).
AZ-200001.......................        62719  GF-3335.........................  2,4-D, Choline salt.
CA-050012.......................          264  Buctril 4EC Herbicide...........  Bromoxynil octanoate &
                                                                                Bromoxynil heptanoate.
ID-000009.......................         5481  Amvac AZA 3% EC.................  Azadirachtin.
MT-060001.......................          400  Dimilin 2L......................  Diflubenzuron.
MT-090004.......................        70506  Bifenture EC Agricultural         Bifenthrin.
                                                Insecticide.
MT-180001.......................        66222  ADA 11280 Insecticide...........  Acetamiprid & Novaluron.
NC-050004.......................        95290  Curfew..........................  Telone.
ND-090001.......................        70506  Super Tin 4L Fungicide..........  Fentin hydroxide.
NY-080010.......................        70506  Kraken..........................  Triclopyr, triethylamine salt.
OR-110007.......................        62719  Entrust.........................  Spinosad.
OR-160013.......................        62719  Entrust SC......................  Spinosad.
TX-120010.......................          100  Gramoxone SL 2.0................  Paraquat dichloride.
UT-180010.......................         5481  Parazone 3SL Herbicide..........  Paraquat dichloride.
WA-010004.......................         5481  K-Salt Fruit Fix 200............  Potassium 1-naphthaleneacetate.
WA-100005.......................        62719  Stinger.........................  Clopyralid, monoethanolamine
                                                                                salt.
WA-160005.......................          279  Dupont Coragen Insect Control...  Chlorantraniliprole.
WA-960002.......................          100  Beacon Herbicide................  Primisulfuron-methyl.
----------------------------------------------------------------------------------------------------------------

                      Table 1A--Product Registration With Pending Requests for Cancellation
----------------------------------------------------------------------------------------------------------------
        Registration No.          Company No.            Product name                   Active ingredients
----------------------------------------------------------------------------------------------------------------
MT-120005.......................        62719  Entrust.........................  Spinosad.
----------------------------------------------------------------------------------------------------------------

    The registration listed in Table 1A of Unit II, requests the
effective date of cancellation to be, March 3, 2022.
    Table 2 of this unit includes the names and addresses of record for
all registrants of the products in Table 1 and Table 1A of this unit,
in sequence by EPA company number. This number corresponds to the first
part of the EPA registration numbers of the products listed in this
unit.

         Table 2--Registrants Requesting Voluntary Cancellation
------------------------------------------------------------------------
     EPA Company No.                  Company name and address
------------------------------------------------------------------------
100......................  Syngenta Crop Protection, LLC, 410 Swing
                            Road, P.O. Box 18300, Greensboro, NC 27419-
                            8300.
239......................  The Scotts Company, d/b/a, The Ortho Group,
                            P.O. Box 190, Marysville, OH 43040.

264......................  Bayer CropScience, LP, Agent Name: Bayer
                            CropScience, LLC, 801 Pennsylvania Avenue,
                            Suite 900, Washington, DC 20004.
279......................  FMC Corporation, 2929 Walnut Street,
                            Philadelphia, PA 19104.
400......................  MacDermid Agricultural Solutions, Inc., Agent
                            Name: UPL NA, Inc., 630 Freedom Business
                            Center, Suite 402, King of Prussia, PA
                            19406.
499......................  BASF Corporation, 26 Davis Drive, P.O. Box
                            13528, Research Triangle Park, NC 27709-
                            3528.
1381.....................  Winfield Solutions, LLC, P.O. Box 64589, St.
                            Paul, MN 55164-0589.
5481.....................  Amvac Chemical Corporation, 4695 Macarthur
                            Court, Suite 1200, Newport Beach, CA 92660-
                            1706.
6836.....................  Arxada, LLC, 412 Mount Kemble Avenue, Suite
                            200S, Morristown, NJ 07960.
7969.....................  BASF Corporation, Agricultural Products, 26
                            Davis Drive, P.O. Box 13528, Research
                            Triangle Park, NC 27709-3528.
9688.....................  Chemsico, A Division of United Industries
                            Corp., P.O. Box 142642, St. Louis, MO 63114-
                            0642.
34704....................  Loveland Products, Inc., P.O. Box 1286,
                            Greeley, CO 80632-1286.
53883....................  Control Solutions, Inc., 5903 Genoa Red Bluff
                            Road, Pasadena, TX 77507.
62719....................  Corteva Agriscience, LLC, 9330 Zionsville
                            Road, Indianapolis, IN 46268.
66222....................  Makhteshim Agan of North America, Inc., d/b/
                            a, Adama, 3120 Highwoods Blvd., Suite 100,
                            Raleigh, NC 27604.
70506....................  UPL NA, Inc., 630 Freedom Business Center,
                            Suite 402, King of Prussia, PA 19406.
83222....................  Winfield Solutions, LLC, 1080 County Rd., F
                            West, MS5705, P.O. Box 64589, St. Paul, MN
                            55164.
83402....................  Vertellus, LLC, Agent Name: The Acta Group,
                            L.L.C., 201 N. Illinois St., Suite 1800,
                            Indianapolis, IN 46204.
86363....................  Kaizen Agent Name: Lighthouse Product,
                            Services Technologies, LLC, 2411 S Bear Claw
                            Way, Meridian, ID 83642.
87373....................  Argite, LLC, Agent Name: Wagner Regulatory
                            Associates, P.O. Box 640, Hockessin, DE
                            19707-0640.
89168....................  Liberty Crop Protection, LLC, 1880 Fall River
                            Dr., #100, Loveland, CO 80538.
89459....................  Central Garden & Pet Company, 1501 East
                            Woodfield Road, Suite 200W, Schaumburg, IL
                            60173.
91234....................  Atticus, LLC, Agent Name: Pyxis Regulatory
                            Consulting, Inc., 4110 136th Street Ct, NW,
                            Gig Harbor, WA 98332-9122.
92061....................  VRC Technologies, Inc., Agent Name: Mandava
                            Chemical Consulting, 68602 N. Dallas
                            Parkway, Suite 200, Plano, TX 75024.
95290....................  Salt Lake Holding, LLC, 2211 H.H. Dow Way,
                            Midland, MI 48674.
------------------------------------------------------------------------

III. What is the Agency's authority for taking this action?

    Section 6(f)(1) of FIFRA (7 U.S.C. 136d(f)(1)) provides that a
registrant of a pesticide product may at any time request that any of
its pesticide registrations be canceled. FIFRA further provides that,
before acting on the request, EPA must publish a notice of receipt of
any such request in the Federal Register.
    Section 6(f)(1)(B) of FIFRA (7 U.S.C. 136d(f)(1)(B)) requires that
before acting on a request for voluntary cancellation, EPA must provide
a 30-day public comment period on the request for voluntary
cancellation or use termination. In addition, FIFRA section 6(f)(1)(C)
(7 U.S.C. 136d(f)(1)(C)) requires that EPA provide a 180-day comment
period on a request for voluntary cancellation or termination of any
minor agricultural use before granting the request, unless:
    1. The registrants request a waiver of the comment period, or
    2. The EPA Administrator determines that continued use of the
pesticide would pose an unreasonable adverse effect on the environment.
    The registrants in Table 2 of Unit II have requested that EPA waive
the 180-day comment period. Accordingly, EPA will provide a 30-day
comment period on the proposed requests.

IV. Procedures for Withdrawal of Request

    Registrants who choose to withdraw a request for cancellation
should submit such withdrawal in writing to the person listed under FOR
FURTHER INFORMATION CONTACT. If the products have been subject to a
previous cancellation action, the effective date of cancellation and
all other provisions of any earlier cancellation action are
controlling.

V. Provisions for Disposition of Existing Stocks

    Existing stocks are those stocks of registered pesticide products
that are currently in the United States and that were packaged,
labeled, and released for shipment prior to the effective date of the
cancellation action.

For MT-120005

    The registrant has requested the effective date of cancellation to
be, March 3, 2022, for MT-120005; therefore, because the Agency has
identified no significant potential risk concerns associated with the
pesticide product, upon cancellation of the product identified in Table
1A of Unit II, EPA anticipates allowing the registrant to sell and
distribute existing stocks of the product identified in Table 1A of
Unit II, until March 3, 2023. Thereafter, the registrant will be
prohibited from selling or distributing the pesticide identified in
Table 1A of Unit II, except for export consistent with FIFRA section 17
(7 U.S.C. 136o) or for proper disposal.
    For all other voluntary cancellations listed in Table 1 of Unit II,
because the Agency has identified no significant potential risk
concerns associated with these pesticide products, upon cancellation of
the products identified in Table 1 of Unit II, EPA anticipates allowing
registrants to sell and distribute existing stocks of these products
for 1 year after publication of the Cancellation Order in the Federal
Register. Thereafter, registrants will be prohibited from selling or
distributing the pesticides identified in Table 1 of Unit II, except
for export consistent with FIFRA section 17 (7 U.S.C. 136o) or for
proper disposal.
    Persons other than registrants will generally be allowed to sell,
distribute, or use existing stocks until such stocks are exhausted,
provided that such sale, distribution, or use is consistent with the
terms of the previously approved labeling on, or that accompanied, the
canceled products.
    Authority: 7 U.S.C. 136 et seq.

    Dated: April 25, 2022.
Marietta Echeverria,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2022-09131 Filed 4-27-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 143 (Friday, July 25, 2014)]
[Proposed Rules]
[Pages 43325-43326]
[FR Doc No: 2014-17458]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 573

[Docket No. FDA-2014-F-0988]

BASF Corp.; Filing of Food Additive Petition (Animal Use)

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of petition.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing that BASF
Corp. has filed a petition proposing that the food additive regulations
be amended to provide for the safe use of sodium formate as an
acidifier in swine feed.

DATES: Submit either electronic or written comments on the petitioner's
request for categorical exclusion from preparing an environmental
assessment or environmental impact statement by August 25, 2014.

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

FOR FURTHER INFORMATION CONTACT: Isabel W. Pocurull, Center for
Veterinary Medicine (HFV-226), Food and Drug Administration, 7519
Standish Pl. Rockville, MD 20855,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Under the Federal Food, Drug, and Cosmetic
Act (section 409(b)(5) (21 U.S.C. 348(b)(5)), notice is given that a
food additive petition (FAP 2286) has been filed by BASF Corp., 100
Park Ave. Florham Park, NJ 07932. The petition proposes to amend Title
21 of the Code of Federal Regulations (CFR) in part 573 Food Additives
Permitted in Feed and Drinking Water of Animals (21 CFR part 573) to
provide for the safe use of sodium formate as an acidifier in swine
feed.
    The petitioner has requested a categorical exclusion from preparing
an environmental assessment or environmental impact statement under 21
CFR 25.32(r). Interested persons may

submit either electronic or written comments regarding this request for
categorical exclusion to the Division of Dockets Management (see DATES
and ADDRESSES). It is only necessary to send one set of comments.
Identify comments with the docket number found in brackets in the
heading of this document. Received comments may be seen in the Division
of Dockets Management between 9 a.m. and 4 p.m., Monday through Friday,
and will be posted to the docket at http://www.regulations.gov.

    Dated: July 21, 2014.
Bernadette Dunham,
Director, Center for Veterinary Medicine.
[FR Doc. 2014-17458 Filed 7-24-14; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register: January 11, 2007 (Volume 72, Number 7)]
[Notices]
[Page 1359-1361]
[DOCID:fr11ja07-75]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55028; File No. SR-Phlx-2006-90]

Self-Regulatory Organizations; Philadelphia Stock Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change to
Eliminate Certain License Fees

December 29, 2006.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on December 26, 2006, the Philadelphia Stock

Exchange, Inc. (``Phlx'' or ``Exchange'') filed with the Securities and
Exchange Commission (``Commission'') the proposed rule change as
described in Items I, II, and III, below, which Items have been
prepared by the Phlx. The Phlx has designated this proposal as one
establishing or changing a due, fee, or other charge imposed by the
Phlx under Section 19(b)(3)(A)(ii) of the Act,\3\ and Rule 19b-4(f)(2)
thereunder,\4\ which renders the proposal effective upon filing with
the Commission. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Phlx proposes to modify its fee schedule to eliminate the
license fees assessed on the following products: Russell 1000 Growth
iShares (``IWF''); Russell 2000 iShares (``IWM''); Russell 2000 Value
iShares (``IWN''); Russell 2000 Growth iShares (``IWO''); Russell
Midcap Growth iShares (``IWP''); and Russell Midcap Value iShares
(``IWS''). This proposal is scheduled to become effective for trades
settling on or after January 2, 2007.
    The text of the proposed rule change is available on the Exchange's
Web site at http://www.Phlx.com, at the principal office of the Phlx,

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 Phlx 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 these statements may be examined at the places specified in
Item IV below. The Phlx has prepared summaries, set forth in sections
A, B, and C below, of the most significant aspects of such statements.

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

1. Purpose
    Currently, the Exchange imposes a license fee of $0.10 per contract
side for equity option and index option ``firm'' transactions on
certain licensed products after a cap of $60,000 per member
organization is reached.\5\ The Exchange also assesses a license fee of
$0.10 per contract side after a 14,000 cap is reached on Registered
Options Traders (``ROT'') comparison charges and ROT and specialist
transaction charges in connection with non-AUTOM delivered equity
option contracts on those products that carry a license fee.\6\
Additionally, the Exchange imposes a license fee of $0.05 per contract
side for dividend and short stock interest strategies in connection
with certain products that carry license fees, if applicable.\7\ The
list of product symbols that are assessed a license fee are listed on
the Exchange's $60,000 ``Firm-Related'' Equity Option and Index Option
Cap Fee Schedule.
---------------------------------------------------------------------------

    \5\ The $60,000 cap applies to all ``firm-related'' equity
option and index option comparison and transaction charges combined.
``Firm-related'' charges include equity option firm/proprietary
comparison charges, equity option firm/proprietary transaction
charges, equity option firm/proprietary facilitation transaction
charges, index option firm/proprietary comparison charges, index
option firm/proprietary transaction charges, and index option firm/
proprietary facilitation transaction charges (collectively ``firm-
related'' charges). See e.g., Securities Exchange Act Release No.
53287 (February 14, 2006), 71 FR 9186 (February 22, 2006) (SR-Phlx-
2006-10).
    \6\ See Securities Exchange Act Release No. 54659 (October 27,
2006), 71 FR 64603 (November 2, 2006) (SR-Phlx-2006-67).
    \7\ See e.g., Securities Exchange Act Release No. 54424
(September 11, 2006), 71 FR 54699 (September 18, 2006) (SR-Phlx-
2006-55).
---------------------------------------------------------------------------

    The Exchange is proposing to eliminate the $0.10 per contract side
and $0.05 per contract side license fees described above on the
following products: IWF; IWM; IWN; IWO, IWP; and IWS.\8\
---------------------------------------------------------------------------

    \8\ The Exchange recently eliminated additional license fees
from its fee schedule. See Securities Exchange Act Release No. 54874
(December 5, 2006), 71 FR 75604 (December 15, 2006) (SR-Phlx-2006-
78).
---------------------------------------------------------------------------

    The proposed rule change would remove references to the product
symbols listed above from the Exchange's $60,000 ``Firm Related''
Equity Option and Index Option Cap because the Exchange no longer pays
a license fee in connection with the trading of these products.
Accordingly, there is no need to assess a license fee. Therefore, for
trades settling on or after January 2, 2007, the Exchange will
eliminate the $0.10 and $0.05 license fees for the above-referenced
products.
2. Statutory Basis
    The Exchange believes that its proposal to amend its schedule of
fees is consistent with Section 6(b) of the Act \9\ in general, and
furthers the objectives of Section 6(b)(4) of the Act \10\ in
particular, in that it is an equitable allocation of reasonable fees
and other charges among Exchange members.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

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.

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

    No written comments were either solicited or received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act \11\ and paragraph (f)(2) of Rule 19b-4 \12\
thereunder. At any time within 60 days of the filing of the proposed
rule change, the Commission may summarily abrogate 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.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \12\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

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 e-mail to<EMAIL_ADDRESS>Please include

File Number SR-Phlx-2006-90 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-Phlx-2006-90. This file
number should be included on the subject line if e-mail 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 inspection and copying in the Commission's Public
Reference Room. Copies of the filing also will be available for
inspection and copying at the principal office of the Phlx. 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-Phlx-2006-90 and should be
submitted on or before February 1, 2007.
---------------------------------------------------------------------------

    \13\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\13\
Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-234 Filed 1-10-07; 8:45 am]

BILLING CODE 8011-01-P


  SEQ CHAPTER \h \r 1

March 12, 2007

MEMORANDUM

SUBJECT:	Comparison of Small Nonroad and Marine Spark-Ignition Emissions
to Stationary 	and Other Mobile Source Emission Inventories

FROM:        Richard S. Wilcox

	                     Assessment and Standards Division

	                     Office of Transportation and Air Quality

TO:		    Docket EPA-HQ-OAR-2004-0008

	The purpose of this memorandum is to docket the emission inventories
for a variety of source categories that were used in the Small Nonroad
and Marine Spark-Ignition Engine Proposed Rulemaking to compare the
relative contribution of small nonroad and marine spark-ignition engines
to the emissions of other source categories.  The other source
categories include:  stationary, area, aircraft, locomotive,
diesel-fueled commercial marine vessels (Class 1 and 2), commercial
marine vessels (Class 3), small diesel marine, recreational vehicles,
large nonroad spark-ignition engines, highway vehicles, and portable
fuel containers.  The documentation consists of a Microsoft Excel
spreadsheet that contains the emission inventories from these source
categories for a number of calendar years and identifies the various
data sources (see attachment).  The pollutant species of interest are
volatile organic carbon compounds (VOC), oxides of nitrogen (NOx),
particulate matter (PM), and carbon monoxide (CO).

	As explained in the attached Excel spreadsheet, the information for the
various source categories was taken from five EPA data sources.

	1.	The Mobile Source Air Toxics Final Rule.  Further information on the
air toxics 			final rulemaking can be found in the docket for that rule
(EPA Docket:  EPA-HQ-			OAR-2005-0036);

	2.	The Regulatory Impact Analysis for the Review of the Particulate
Matter				National Ambient Air Quality Standards (EPA Docket:
EPA-HQ-OAR-2006-			0834-0048.3);

	3.	The Regulatory Impact Analysis for the Final Clean Air Interstate
Rule (EPA 			Docket: OAR-2003-0058);

	4.	The publicly released NONROAD2005 emissions inventory model
(available at:  			  HYPERLINK "http://www.epa.gov/otaq/nonrdmdl.htm"
http://www.epa.gov/otaq/nonrdmdl.htm .); and

	5.	The nonroad model developed for the small nonroad and marine
spark-ignition 			engine proposed rule, i.e., NONROAD2005c (EPA Docket:
OAR-2004-0008).

Attachment

Source Selection Information – See FAR 2.101 and 3.104	Page   PAGE  2
of   NUMPAGES  2