----------------------------------------------------------------------------------------------------------------
                                        Division 4--East Texas Combustion
----------------------------------------------------------------------------------------------------------------
Section 117.3300..............  Applicability....       5/30/2007  12/3/2008
                                                                    [Insert FR page
                                                                    number where
                                                                    document
                                                                    begins].

Section 117.3303..............  Exemptions.......       5/30/2007  12/3/2008
                                                                    [Insert FR page
                                                                    number where
                                                                    document
                                                                    begins].
Section 117.3310..............  Emission                5/30/2007  12/3/2008         117.3310(e) not in SIP.
                                 Specifications                     [Insert FR page
                                 for Eight-Hour                     number where
                                 Attainment                         document
                                 Demonstration.                     begins].
Section 117.3330..............  Operating               5/30/2007  12/3/2008
                                 Requirements.                      [Insert FR page
                                                                    number where
                                                                    document
                                                                    begins].
Section 117.3335..............  Monitoring,             5/30/2007  12/3/2008
                                 Notification,                      [Insert FR page
                                 and Testing                        number where
                                 Requirements.                      document
                                                                    begins].
Section 117.3345..............  Recordkeeping and       5/30/2007  12/3/2008
                                 Reporting                          [Insert FR page
                                 Requirements.                      number where
                                                                    document
                                                                    begins].
----------------------------------------------------------------------------------------------------------------
                                        Subchapter F--Acid Manufacturing
----------------------------------------------------------------------------------------------------------------
                                      Division 1--Adipic Acid Manufacturing
----------------------------------------------------------------------------------------------------------------
Section 117.4000..............  Applicability....       5/30/2007  12/3/2008
                                                                    [Insert FR page
                                                                    number where
                                                                    document
                                                                    begins].
Section 117.4005..............  Emission                5/30/2007  12/3/2008
                                 Specifications.                    [Insert FR page
                                                                    number where
                                                                    document
                                                                    begins].
Section 117.4025..............  Alternative Case        5/30/2007  12/3/2008
                                 Specific                           [Insert FR page
                                 Specifications.                    number where
                                                                    document
                                                                    begins].
Section 117.4035..............  Initial                 5/30/2007  12/3/2008
                                 Demonstration of                   [Insert FR page
                                 Compliance.                        number where
                                                                    document
                                                                    begins].
Section 117.4040..............  Continuous              5/30/2007  12/3/2008
                                 Demonstration of                   [Insert FR page
                                 Compliance.                        number where
                                                                    document
                                                                    begins].
Section 117.4045..............  Notification,           5/30/2007  12/3/2008
                                 Recordkeeping,                     [Insert FR page
                                 and Reporting                      number where
                                 Requirements.                      document
                                                                    begins].
Section 117.4050..............  Control Plan            5/30/2007  12/3/2008
                                 Procedures.                        [Insert FR page
                                                                    number where
                                                                    document
                                                                    begins].
----------------------------------------------------------------------------------------------------------------
                        Division 2--Nitric Acid Manufacturing--Ozone Nonattainment Areas
----------------------------------------------------------------------------------------------------------------
Section 117.4100..............  Applicability....       5/30/2007  12/3/2008
                                                                    [Insert FR page
                                                                    number where
                                                                    document
                                                                    begins].
Section 117.4105..............  Emission                5/30/2007  12/3/2008
                                 Specifications.                    [Insert FR page
                                                                    number where
                                                                    document
                                                                    begins].
Section 117.4125..............  Alternative Case        5/30/2007  12/3/2008
                                 Specific                           [Insert FR page
                                 Specifications.                    number where
                                                                    document
                                                                    begins].
Section 117.4135..............  Initial                 5/30/2007  12/3/2008
                                 Demonstration of                   [Insert FR page
                                 Compliance.                        number where
                                                                    document
                                                                    begins].
Section 117.4140..............  Continuous              5/30/2007  12/3/2008
                                 Demonstration of                   [Insert FR page
                                 Compliance.                        number where
                                                                    document
                                                                    begins].
Section 117.4145..............  Notification,           5/30/2007  12/3/2008
                                 Recordkeeping,                     [Insert FR page
                                 and Reporting                      number where
                                 Requirements.                      document
                                                                    begins].
Section 117.4150..............  Control Plan            5/30/2007  12/3/2008
                                 Procedures.                        [Insert FR page
                                                                    number where
                                                                    document
                                                                    begins].
----------------------------------------------------------------------------------------------------------------
                        Division 2--Nitric Acid Manufacturing--Ozone Nonattainment Areas
----------------------------------------------------------------------------------------------------------------
Section 117.4200..............  Applicability....       5/30/2007  12/3/2008
                                                                    [Insert FR page
                                                                    number where
                                                                    document
                                                                    begins].
Section 117.4205..............  Emission                5/30/2007  12/3/2008
                                 Specifications.                    [Insert FR page
                                                                    number where
                                                                    document
                                                                    begins].
Section 117.4210..............  Applicability of        5/30/2007  12/3/2008
                                 Federal New                        [Insert FR page
                                 Source                             number where
                                 Performance                        document
                                 Standards.                         begins].
----------------------------------------------------------------------------------------------------------------
                            Subchapter G--General Monitoring and Testing Requirements
----------------------------------------------------------------------------------------------------------------
                          Division 1--Compliance Stack Testing and Report Requirements
----------------------------------------------------------------------------------------------------------------
Section 117.8000..............  Stack Testing           5/30/2007  12/3/2008
                                 Requirements.                      [Insert FR page
                                                                    number where
                                                                    document
                                                                    begins].
Section 117.8010..............  Compliance Stack        5/30/2007  12/3/2008
                                 Test Reports.                      [Insert FR page
                                                                    number where
                                                                    document
                                                                    begins].
----------------------------------------------------------------------------------------------------------------
                                         Division 2--Emission Monitoring
----------------------------------------------------------------------------------------------------------------
Section 117.8100..............  Emission                5/30/2007  12/3/2008
                                 Monitoring                         [Insert FR page
                                 System                             number where
                                 Requirements for                   document
                                 Industrial,                        begins].
                                 Commercial, and
                                 Institutional
                                 Sources.

Section 117.8110..............  Emission                5/30/2007  12/3/2008
                                 Monitoring                         [Insert FR page
                                 System                             number where
                                 Requirements for                   document
                                 Utility Electric                   begins].
                                 Generation
                                 Sources.
Section 117.8120..............  Carbon Monoxide         5/30/2007  12/3/2008
                                 (CO) Monitoring.                   [Insert FR page
                                                                    number where
                                                                    document
                                                                    begins].
Section 117.8130..............  Ammonia                 5/30/2007  12/3/2008
                                 Monitoring.                        [Insert FR page
                                                                    number where
                                                                    document
                                                                    begins].
Section 117.8140..............  Emission                5/30/2007  12/3/2008
                                 Monitoring for                     [Insert FR page
                                 Engines.                           number where
                                                                    document
                                                                    begins].
----------------------------------------------------------------------------------------------------------------
                                     Subchapter H--Administrative Provisions
----------------------------------------------------------------------------------------------------------------
                                        Division 1--Compliance Schedules
----------------------------------------------------------------------------------------------------------------
Section 117.9000..............  Compliance              5/30/2007  12/3/2008
                                 Schedule for                       [Insert FR page
                                 Beaumont-Port                      number where
                                 Arthur Ozone                       document
                                 Nonattainment                      begins].
                                 Area Major
                                 Sources.
Section 117.9010..............  Compliance              5/30/2007  12/3/2008
                                 Schedule for                       [Insert FR page
                                 Dallas-Fort                        number where
                                 Worth Ozone                        document
                                 Nonattainment                      begins].
                                 Area Major
                                 Sources.
Section 117.9020..............  Compliance              5/30/2007  12/3/2008
                                 Schedule for                       [Insert FR page
                                 Houston-                           number where
                                 Galveston-                         document
                                 Brazoria Ozone                     begins].
                                 Nonattainment
                                 Area Major
                                 Sources.
Section 117.9030..............  Compliance              5/30/2007  12/3/2008
                                 Schedule for                       [Insert FR page
                                 Dallas-Fort                        number where
                                 Worth Eight-Hour                   document
                                 Ozone                              begins].
                                 Nonattainment
                                 Area Major
                                 Sources.
Section 117.9100..............  Compliance              5/30/2007  12/3/2008
                                 Schedule for                       [Insert FR page
                                 Beaumont-Port                      number where
                                 Arthur Ozone                       document
                                 Nonattainment                      begins].
                                 Area Utility
                                 Electric
                                 Generation
                                 Sources.
Section 117.9110..............  Compliance              5/30/2007  12/3/2008
                                 Schedule for                       [Insert FR page
                                 Dallas-Fort                        number where
                                 Worth Ozone                        document
                                 Nonattainment                      begins].
                                 Area Utility
                                 Electric
                                 Generation
                                 Sources.
Section 117.9120..............  Compliance              5/30/2007  12/3/2008
                                 Schedule for                       [Insert FR page
                                 Houston-                           number where
                                 Galveston-                         document
                                 Brazoria Ozone                     begins].
                                 Nonattainment
                                 Area Utility
                                 Electric
                                 Generation
                                 Sources.
Section 117.9130..............  Compliance              5/30/2007  12/3/2008
                                 Schedule for                       [Insert FR page
                                 Dallas-Fort                        number where
                                 Worth Eight-Hour                   document
                                 Ozone                              begins].
                                 Nonattainment
                                 Area Utility
                                 Electric
                                 Generation
                                 Sources.
Section 117.9200..............  Compliance              5/30/2007  12/3/2008
                                 Schedule for                       [Insert FR page
                                 Houston-                           number where
                                 Galveston-                         document
                                 Brazoria Ozone                     begins].
                                 Nonattainment
                                 Area Minor
                                 Sources.
Section 117.9210..............  Compliance              5/30/2007  12/3/2008
                                 Schedule for                       [Insert FR page
                                 Dallas-Fort                        number where
                                 Worth Eight-Hour                   document
                                 Ozone                              begins].
                                 Nonattainment
                                 Area Minor
                                 Sources.
Section 117.9300..............  Compliance              5/30/2007  12/3/2008
                                 Schedule for                       [Insert FR page
                                 Utility Electric                   number where
                                 Generation in                      document
                                 East and Central                   begins].
                                 Texas.
Section 117.9340..............  Compliance              5/30/2007  12/3/2008
                                 Schedule for                       [Insert FR page
                                 East Texas                         number where
                                 Combustion.                        document
                                                                    begins].
Section 117.9500..............  Compliance              5/30/2007  12/3/2008
                                 Schedule for                       [Insert FR page
                                 Nitric Acid and                    number where
                                 Adipic Acid                        document
                                 Manufacturing                      begins].
                                 Sources.
----------------------------------------------------------------------------------------------------------------
                                     Subchapter H--Administrative Provisions
----------------------------------------------------------------------------------------------------------------
                                       Division 2--Compliance Flexibility
----------------------------------------------------------------------------------------------------------------
Section 117.9800..............  Use of Emission         5/30/2007  12/3/2008
                                 Credits for                        [Insert FR page
                                 Compliance.                        number where
                                                                    document
                                                                    begins].
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

[FR Doc. E8-28681 Filed 12-2-08; 8:45 am]

BILLING CODE 6560-50-P


1.2.3 Uncertainty in the Benefits Estimates Characterization of health related benefits associated with PM reductions is a complex process which is subject to a variety of potential sources of uncertainty. Key assumptions underlying the estimate of avoided premature mortality include the following:

  Inhalation of fine particles is causally associated with premature death at concentrations near those experienced by most Americans on a daily basis. Although biological mechanisms for this effect have not yet been established, the weight of the available epidemiological and experimental evidence supports an assumption of causality.

° All fine particles, regardless of their chemical composition, are equally potent in causing premature mortality. This is an important assumption, because PM produced via transported precursors emitted from EGUs may differ significantly from direct PM released from automotive engines and other industrial sources. However, no clear scientific grounds exist for supporting differential effects estimates by particle type.

° The C R function for fine particles is approximately linear within the range of ambient concentrations under consideration. Thus, the estimates include health benefits from reducing fine particles in areas with varied concentrations of PM including both regions that are in attainment with the fine particle standards and those that do not meet the standard.

° The forecasts for future emissions and associated air quality modeling are valid. Although recognizing the difficulties, assumptions, and inherent uncertainties in the overall enterprise, these analyses are based on peer reviewed scientific literature and up to date assessment tools, and we believe the results are highly useful in assessing this rule.

Probabilistic Approaches As part of an overall program to improve the Agency's characterization of uncertainties in health benefits analyses, we have developed probabilistic approaches to characterize uncertainty. These methods are fully described in the benefits analysis associated with CAIR RIA ( EPA, 2005). Specifically, one approach generates a distribution of benefits based on the classical statistical error expressed in the underlying health effects and economic valuation studies used in the benefits modeling framework. This approach captures only a limited portion of the uncertainty about the parameters ( i. e., that based on statistical error and cross study variability). As such we generate a second estimate that relies on the results of our recent pilot expert elicitation project to characterize other key aspects of uncertainty in the ambient PM2.5/ mortality relationship. By substituting the probability distributions specified by our experts for that associated with the statistical error associated with the Pope et. al. ( 2002) study usually used to quantify the impact of PM2.5 on premature morality, we attempt to capture other sources of uncertainty, particularly model specification and aspects of the health science not captured in the studies. Both approaches provide insights into the likelihood of different outcomes and about the state of knowledge regarding the benefits estimates. EPA is continuing its research of methods to characterize uncertainty in total benefits estimates, and is conducting a full scale expert elicitation. The full scale expert elicitation is scheduled to be completed by the end of 2005.

Although schedule and resource limitations prevented us from completing a full uncertainty analysis using either method, we present a partial analysis that focuses on characterizing the uncertainty in the premature mortality estimate. Since premature morality accounts for between 85 95 percent of the benefits estimated in most of EPA's recent air pollution rulemakings, these partial analyses provide an indication of the uncertainty inherent in the overall estimates in the current rulemaking.

Our primary estimate based on the Pope et al. ( 2002) study for CAVR shows that the average number of premature deaths avoided in 2015 is XXX. This is higher than the estimate based on four of the experts and lower than one expert who participated in the pilot expert elicitation, and falls within the uncertainty bounds of all but one expert. The average annual number of premature deaths avoided in 2015 ranges from approximately ( based on the judgments of Expert C) to ( based on the judgments of Expert E). The medians span zero to with the zero value due to the high threshold associated with one of the expert's distributions. The statistical uncertainty bounds of all of the estimates, including the Pope et al. based distribution, overlap. Although the uncertainty bounds for each expert include zero, and some distributions have significant percentiles at zero, all of the distributions have a positive mean estimate. [ fix this paragraph based on the numbers Bryan said he could run from his spread sheet]

To put these morality estimates in a monetary context, consider that the confidence intervals from the pilot elicitation applied to the CAIR benefit analysis ranged in value from zero at the 5th percentile to a value at the 95th percentile that is seven times higher than the Pope et al., 2002 based estimate. Note however, that the results are highly dependent on the air quality scenarios applied to the concentration response. Thus, the characterization of uncertainty discussed in the CAIR RIA could differ greatly from what would be observed for CAVR due to differences in population weighted changes in concentrations of PM2.5 ( i. e., the location of populations exposure relative to the changes in air quality), and may be especially sensitive to the differences in baseline PM2.5 air quality experienced by populations prior to implementation of the CAVR.

Supplemental Analyses In addition, as part of the current analysis we conducted a variety of supplemental analyses designed to provide the reader with an understanding of the degree of uncertainty that may be associated with the benefits resulting from implementation of this regulation. Because estimates of premature mortality contribute the most to the monetized benefits, our efforts focused on the sensitivity of the final benefits estimate to analytic judgments regarding this relationship. Specifically, we conducted analyses designed to characterize the degree of uncertainty in the slope ( magnitude) of the PM2.5 concentration response function, the form of the PM2.5 concentration response function ( i. e., the potential for a threshold), and the cessation lag ( i. e., temporal relationship between cessation of exposure and reduction in adverse health effects). Both discrete and probabilistic approaches were used to characterize the uncertainty associated with the concentration response function.

These supplemental analyses yield the following insights:

  Substitution of the steeper concentration response function for PM2.5   premature mortality from the Six Cities study increases the value of the total benefits from $ billion to $ billion in 2015.

  Substitution of plausible alternative lag structures has little overall impact on the estimate of total benefits ( reductions are on the order of 5 to 15 percent).

  The assessment of alternative assumptions regarding the existence ( and level) of a threshold in the PM2.5 premature mortality concentration response function highlights the sensitivity of the analysis to this assumption. Only percent of the estimated premature mortality is due to changes in exposure above 15mg/ m3, while over percent of the premature morality related benefits are due to changes in PM2.5 concentrations occurring above 10ug/ m3.

4.3 Probabilistic Analysis of Uncertainty in the Benefits Estimates Methods The recent NRC report on estimating public health benefits of air pollution regulations recommended that EPA begin to move the assessment of uncertainties from its ancillary analyses into its primary analyses by conducting probabilistic, multiplesource uncertainty analyses ( NRC, 2002). The probability distributions required for these analyses should be based on available data and expert judgment. The NRC also recommended that EPA use both internal and external experts as needed, in each case identifying those experts whose judgments are used and the rationales and empirical bases for their judgments.

As part of an overall program to improve the Agency's characterization of uncertainties in health benefits analyses, this section describes EPA's current approaches to probabilistically characterize uncertainties associated with the PM mortality C R relationship and valuation. Specifically, we conducted two different Monte Carlo analyses, one based on the distribution of reductions in premature mortality characterized by the mean effect estimate and standard error from the Pope et al. ( 2002) study ( our primary estimate), and one based on the results from a pilot expert elicitation project ( IEc, 2004). The Pope et al. study is described earlier in this chapter. The pilot expert elicitation project is summarized below.

The first approach generates a distribution of benefits based on the classical statistical error expressed in the underlying health effects and economic valuation studies used in the benefits modeling framework. This approach captures only a limited portion of the uncertainty about the parameters ( i. e., that based on statistical error and cross study variability). As such we explored using the results our recent pilot expert elicitation project to characterize other key aspects of uncertainty in the ambient PM2.5/ mortality relationship. By substituting the probability distributions specified by our experts for that associated with the statistical error associated with the Pope et. al. ( 2002) study usually used to quantify the impact of PM2.5 on premature morality, we attempt to capture other sources of uncertainty, particularly model specification and aspects of the health science not captured in the studies. The details associated with both Monte Carlo analyses, are described in Appendix B of Chapter 4 of the CAIR RIA ( EPA 2005).

For both approaches, the distributions of all other, nonmortality health endpoints are characterized by the reported mean and standard deviations from the epidemiology literature. We are unable at this time to characterize the uncertainty in the estimate of benefits of improvements in visibility at Class I areas. As such, the visibility benefits are treated as fixed and add them to all percentiles of the health benefits distribution.

These analyses provide likelihood distributions both for the total dollar benefits estimate and for the incidence of premature mortality to show the uncertainty described by each expert's judgment relative to the range of uncertainty associated with the standard error in the Pope et al. ( 2002) study. The uncertainty about the total dollar benefit associated with any single endpoint combines the uncertainties from two sources   the C R relationship and the valuation   and is estimated with a Monte Carlo method. 1 Our estimates of the likelihood distributions for total benefits should be viewed within the context of the wide range of sources of uncertainty that we have not incorporated, including uncertainty in emissions, air quality, and baseline health effect incidence rates.

Both approaches provide insights into the likelihood of different outcomes and about the state of knowledge regarding the benefits estimates. The uncertainty estimates based on statistical error have the strength of presenting a statistical measure of the uncertainty in the underlying studies serving as the basis for the estimates used in the analysis. However, this approach captures only a limited portion of the uncertainty about 1 In each iteration of the Monte Carlo procedure, a value is randomly drawn from the incidence distribution, and a value is randomly drawn from the unit dollar value distribution. The total dollar benefit for that iteration is the product of the two. If this is repeated for many ( e. g., thousands of) iterations, the distribution of total dollar benefits associated with the endpoint is generated. For details on the specific Monte Carlo approach we used, see Appendix B. the parameters. The 5th and 95th percentile points of the distributions are based on statistical error and cross study variability and provide some insight into how uncertain our estimate is with regard to those sources of uncertainty. However, it does not capture other sources of uncertainty regarding the model specification and other inputs to the model, including emissions, air quality, and aspects of the health science not captured in the studies, such as the likelihood that PM is causally related to premature mortality and other serious health effects.

The approach that uses the pilot expert elicitation results is included primarily as an illustration of the impacts of using probabilistic ( expert elicitation and statistical errorbased distributions for premature mortality associated with PM2.5 compared with EPA's traditional approach. EPA is continuing its research of methods to characterize uncertainty in total benefits estimates, and is conducting a full scale expert elicitation. The full scale expert elicitation is scheduled to be completed by the end of 2005.

Although schedule and resource limitations prevented us from completing a full uncertainty analysis using either method, we present a partial analysis that focuses on characterizing the uncertainty in the premature mortality estimate. Since premature morality accounts for between 85 and 95 percent of the benefits estimated in most of EPA's recent air pollution rulemakings, these partial analyses provide an indication of the uncertainty inherent in the overall estimates in the current rulemaking.

Results Our primary estimate based on the Pope et al. ( 2002) study for CAVR shows that the average number of premature deaths avoided in 2015 is XXX. This is higher than the estimate based on four of the experts and lower than one expert who participated in the pilot expert elicitation, and falls within the uncertainty bounds of all but one expert. The average annual number of premature deaths avoided in 2015 ranges from approximately ( based on the judgments of Expert C) to ( based on the judgments of Expert E). The medians span zero to with the zero value due to the high threshold associated with one of the expert's distributions. The statistical uncertainty bounds of all of the estimates, including the Pope et al. based distribution, overlap. Although the uncertainty bounds for each expert include zero, and some distributions have significant percentiles at zero, all of the distributions have a positive mean estimate. [ fix this paragraph based on the numbers Bryan said he could run from his spread sheet] ( and as much more as you can do )

To put these morality estimates in a monetary context, consider that the confidence intervals from the pilot elicitation applied to the CAIR benefit analysis ranged in value from zero at the 5th percentile to a value at the 95th percentile that is seven times higher than the Pope et al., 2002 based estimate. Note however, that the results are highly dependent on the air quality scenarios applied to the concentration response. Thus, the characterization of uncertainty discussed in the CAIR RIA could differ greatly from what would be observed for CAVR due to differences in population weighted changes in concentrations of PM2.5 ( i. e., the location of populations exposure relative to the changes in air quality), and may be especially sensitive to the differences in baseline PM2.5 air quality experienced by populations prior to implementation of the CAVR.

Summary of Pilot Expert Elicitation Project As a first step in addressing the NRC recommendations regarding expert elicitation, EPA, in collaboration with OMB, conducted a pilot expert elicitation to characterize uncertainties in the relationship between ambient PM2.5 and mortality. This pilot was designed to provide EPA with an opportunity to improve its understanding of the design and application of expert elicitation methods to economic benefits analysis, to lay the groundwork for a more comprehensive elicitation, and to provide more information about the uncertainty in the PM2.5 mortality relationship in the context of the Nonroad Diesel RIA and similar analyses conducted in the near term.

The pilot project elicited the judgments of five experts in the PM health sciences, all members of at least one of two recent National Academy of Sciences scientific committees focused on particulate matter. The specific process used to select experts is summarized in Appendix B and detailed in the technical report describing the elicitation ( IEc, 2004) along with additional information about the experts' affiliations and fields of expertise. The responses of each expert to questions enumerated in the elicitation protocol provide the inputs for developing distributions of mortality benefits.

The elicitation approach tested in the pilot was peer reviewed by four experts ( Mansfield, 2004) and generally received favorable comments, including   the pilot project followed " best practices" for expert elicitation and was well documented,   the elicitation was well conducted and is an appropriate technique for characterizing uncertainty,   experts chosen are well known and respected and represent a range of views, and   the expert selection process/ protocol was very good.

The peer review report also provides recommendations on how to improve the process for a more comprehensive expert elicitation addressing the PM mortality C R relationship. Specifically, the peer review recommendations included   holding a pre elicitation workshop to ensure that all experts are properly motivated and conditioned ( i. e., on the same footing) before the interviews and to allow for information sharing prior to the elicitation;   allowing for some form of communication following the individual interviews to allow review of the experts' responses and allow them to adjust their estimates if necessary   one way to accomplish this is through a post elicitation workshop; and   changing the encoding process to ensure that extreme values ( upper and lower ranges) are collected prior to judgments on central tendency. This sequencing would avoid anchoring or adjustment heuristics associated with biased estimates of uncertainty. In addition, although not listed explicitly as a criticism, some of the peer reviewers noted the small number of experts participating in the pilot and suggested a larger number of experts should be used in EPA's next elicitation.

The peer reviewers also offered varying comments on the methods for combining the results of the pilot elicitation. Several of the reviewers preferred that the expert opinions not be combined or stated that they knew of no agreed upon method for combining results from expert elicitations. They stated that presenting each expert's response independently allows for differences in the individual distributions to be recognized. Two of the reviewers indicated that they were reasonably comfortable with the method used in this study to combine the results, while the other two reviewers offered comments on the combined result of the elicitation. One reviewer stated that the combined distributions do not adequately capture the opinions of individual experts but rather average them out. He states that it is possible in such cases that the combined judgments may generate results that none of the experts would agree on. Another reviewer stated that expert elicitation studies typically do not combine judgments, but if one were to combine them, he recommended that the response of each be maintained independently from the other experts and run through the benefits model completely prior to combining the results. For more details regarding the peer review comments, see Appendix B of Chapter 4 of the CAIR RIA ( EPA, 2005). The full peerreview report is also available at www. epa. gov/ ttn/ ecas/ benefits. html.


[Federal Register Volume 76, Number 199 (Friday, October 14, 2011)]
[Notices]
[Page 63937]
[FR Doc No: 2011-26615]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-3338-EM; Docket ID FEMA-2011-0001]

Vermont; Amendment No. 2 to Notice of an Emergency Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of an emergency declaration for
State of Vermont (FEMA-3338-EM), dated August 29, 2011, and related
determinations.

DATES: Effective Date: September 26, 2011.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) hereby gives notice that pursuant to the authority vested in the
Administrator, under Executive Order 12148, as amended, James N. Russo,
of FEMA is appointed to act as the Federal Coordinating Officer for
this emergency.
    This action terminates the appointment of Craig A. Gilbert as
Federal Coordinating Officer for this emergency.

(The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households in
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050, Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.)

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2011-26615 Filed 10-13-11; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register: March 20, 2009 (Volume 74, Number 53)]
[Notices]
[Page 11935-11937]
[DOCID:fr20mr09-53]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP09-68-000]

Texas Eastern Transmission, LP; Supplemental Notice of Intent To
Prepare an Environmental Assessment for the Proposed TEMAX and TIME III
Projects and Alternative and Request for Comments on Environmental
Issues

March 13, 2009.
    As previously noticed on November 18, 2008, and supplemented
herein, the staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental assessment (EA) that will
discuss environmental impacts that could result from the construction
and operation of the Texas Eastern Market Area Crossing Project (TEMAX)
and Texas Eastern Incremental Market Area Expansion III Project (TIME
III) proposed by Texas Eastern Transmission, LP (Texas Eastern). The
projects are proposed by Texas Eastern to expand the natural gas
transportation capacity of its existing pipeline system in southern
Pennsylvania. The EA will be used by the Commission in its decision-
making process to determine whether the project is in the public
convenience and necessity.
    This Supplemental Notice of Intent (NOI) announces the opening of a
limited scoping period the Commission will use to gather input from the
public and interested agencies on the proposed projects, and
specifically, the Chambersburg Alternative consisting of about 12.5
miles of additional pipeline replacement in Franklin and Adams
Counties, Pennsylvania. Your input will help determine which issues
need to be evaluated in the EA regarding the Chambersburg Alternative
in the event that Texas Eastern is unable to install the proposed
compressor unit at the Heidlersburg Compressor Station. Please note
that the limited scoping period for the Chambersburg Alternative will
close on April 13, 2009.
    This notice is being sent to landowners affected by the
Chambersburg Alternative; Federal, State, and local government
representatives and agencies; environmental and public interest groups;
elected officials; Native American Tribes; other interested parties;
and local libraries and newspapers. State and local government
representatives are asked to notify their constituents of the planned
project and to encourage them to comment on their areas of concern.
    If you are a landowner receiving this notice, you may be contacted
by a Texas Eastern representative about the acquisition of an easement
to construct, operate, and maintain the planned facilities. The
pipeline company would seek to negotiate a mutually acceptable
agreement. However, if the project is approved by the Commission, that
approval conveys with it the right of eminent domain. Therefore, if
easement negotiations fail to produce an agreement, the pipeline
company could initiate condemnation proceedings in accordance with
Federal or State law.
    A fact sheet prepared by the FERC entitled ``An Interstate Natural
Gas Facility On My Land? What Do I Need To Know?'' is available for
viewing on the FERC Internet Web site (http://www.ferc.gov). This fact
sheet addresses a number of typically asked questions, including the
use of eminent domain and how to participate in the Commission's
proceedings.

Summary of the Proposed Projects

    Texas Eastern's existing natural gas pipeline system consists of
over 9,000 miles of pipeline from the Gulf Coast to the Northeastern
United States, and includes its Main Line 1 and Main Line 2.
    To expand its system in southern Pennsylvania Texas Eastern is
requesting authorization to replace 25.9 miles of various diameter
pipeline, construct 9.6 miles of loop,\1\ use of 0.8 mile of existing
pipeline, and construct 26.5 miles of new pipeline lateral.\2\ In
addition, Texas Eastern requests authorization to add 85,633 horsepower
(hp) of compression at four existing compressor stations and abandon
9,500 hp of compression at one compressor station, resulting in a net
increase of 76,133 hp of compression for the projects. Texas Eastern
also requests authorization to uprate the maximum allowable operating
pressure of its existing Lines 1 and 2 from 1,000 to

1,112 pounds per square inch gauge for 268 miles between its Uniontown
and Marietta Compressor Stations. The proposed facilities are located
in Greene, Bedford, Franklin, Adams, Lancaster and York Counties,
Pennsylvania.
---------------------------------------------------------------------------

    \1\ A pipeline ``loop'' is a segment of pipe installed adjacent
and parallel to an existing pipeline system that is connected to the
system at both ends. A loop allows more gas to be moved through that
portion of the pipeline system or functions as a backup system.
    \2\ On February 27, 2009, Texas Eastern filed its application
with the Commission under Section 7 of the Natural Gas Act and Part
157 of the Commission's Regulations. Prior to the formal application
filing, Commission staff initiated its review of the TEMAX and TIME
III Projects under the Commission's Pre-filing Process on July 25,
2008, in Docket No. PF08-27-000. As indicated in the Notice of
Application issued by the Commission on March 11, 2009, the Pre-
filing Process for these projects has ended and this proceeding will
be conducted in Docket No. CP09-68-000.
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    The purpose of the TEMAX Project is to provide additional natural
gas transportation capacity of 395,000 dekatherms per day (Dth/d) from
a receipt point with the Rockies Express Pipeline LLC in Clarington,
Ohio, to an interconnect with Transcontinental Gas Pipeline Company,
LLC (Transco) in York County, Pennsylvania. The TIME III Project would
provide additional transportation capacity of 60,000 Dth/d from a
receipt point in Oakford, Pennsylvania to the same interconnect with
Transco.
    More specifically, Texas Eastern plans the following:

The Holbrook Discharge

     Construct 0.5 mile of 36-inch-diameter loop as an addition
onto the existing Line 30;
     Replace 9.2 miles of the existing 20-inch-diameter Line 2
and 24-inch-diameter Line 1 with 36-inch-diameter pipeline; and
     Construct 9.1 miles of 36-inch-diameter loop.

The Uniontown Discharge

     Replace 3.7 miles of the existing 24-inch-diameter Line 1
with 36-inch-diameter pipeline.

The Bedford Discharge

     Replace 6.8 miles of the existing 24-inch-diameter Line 1
with 36-inch-diameter pipeline.

The Chambersburg Discharge

     Replace 2.1 miles of the existing 24-inch-diameter Line 1
with 36-inch-diameter pipeline, and the Chambersburg Alternative would
consist of about 12.5 miles of additional pipeline replacement with 36-
inch-diameter pipeline.

The Heidlersburg Discharge

     Replace 2.4 miles of the existing 24-inch-diameter Line 1
with 36-inch-diameter pipeline.

The Marietta Extension

     Replace 1.7 miles of the existing 24-inch-diameter Line 1
with 36-inch-diameter pipeline;
     Utilize 0.8 mile of existing 36-inch-diameter pipeline
crossing the Susquehanna River; and
     Construct 26.5 miles of new 30-inch-diameter pipeline
lateral to the interconnect with Transco.

The Holbrook Compressor Station

     Abandon one 2,000-horsepower (hp) reciprocating gas-
powered compressor unit; and
     Install a 13,333-hp turbine-driven centrifugal compressor.

The Uniontown Compressor Station

     Install a 20,000-hp electric-powered compressor unit.

The Bedford Compressor Station

     Install pressure regulators on Line 1 and 2.

The Chambersburg Compressor

     Abandon three reciprocating gas-powered compressor units
totaling 7,500 hp;
     Install a new 27,000-hp electric-powered compressor unit;
and
     Add 3,330 hp to the existing electric-powered compressor
unit.

The Heidlersburg Compressor Station

     Install a 22,000-hp electric-powered compressor unit.
    The Chambersburg Alternative was filed in the event that
electricity is not available to support the proposed horsepower
modifications at the proposed Heidlersburg Compressor Station in Adams
County. Specifically, the Chambersburg Alternative consists of adding
an additional 12.5 miles of 36-inch-diameter pipeline replacement to
the Chambersburg Discharge. The power company supplying the electric
power to the proposed additional compression at the Heidlersburg
Compressor Station is conducting a study to determine if the
electricity is available to support the station modification. To ensure
the projects can supply the proposed natural gas volume on schedule,
this alternative was developed in the event the electricity for the
compressor station is not available.
    The general location of the planned facilities and the Chambersburg
Alternative is shown in appendix A.\3\
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    \3\ The appendices referenced in this notice are not being
printed in the Federal Register. Copies of all appendices are
available on the Commission's Web site at the ``eLibrary'' link or
from the Commission's Public Reference Room, 888 First Street, NE.,
Washington, DC 20426, or call<PHONE_NUMBER>. For instructions on
connecting to eLibrary, refer to the ``Additional Information''
section of this notice. Copies of the appendices were sent to all
those receiving this notice in the mail. Requests for detailed maps
of the proposed facilities should be made directly to Texas Eastern.
---------------------------------------------------------------------------

Land Requirement for Construction

    Construction of the TEMAX/TIME III Projects would require about
602.1 acres of land including pipeline, aboveground facilities,
appurtenant facilities, and pipe storage and contractor yards.
Following construction, about 543.2 acres would be used for operation
of the proposed facilities. If constructed, the Chambersburg
Alternative would require an additional 184.0 acres for construction.
The area disturbed during construction but not required for operation
and would generally be allowed to revert to pre-construction condition.
    The planned pipeline loops would be located within and directly
adjacent to Texas Eastern's existing pipeline facilities to the extent
practicable. Construction and operation of the modifications to
existing compressor stations would occur within the existing
facilities.

The EA Process

    The National Environmental Policy Act (NEPA) requires the
Commission to take into account the environmental impact that could
result whenever it considers the issuance of a Certificate of Public
Convenience and Necessity. NEPA also requires us \4\ to discover and
address concerns the public may have about proposals. This process is
referred to as ``scoping.'' The main goal of the scoping process is to
focus the analysis in the EA on the important environmental issues. By
this Supplemental NOI, the Commission staff requests public comments on
the scope of the issues to address in the EA, and specifically for
comments on the Chambersburg Alternative.\5\ All comments received will
be considered during the preparation of the EA. State and local
government representatives are encouraged to notify their constituents
of this proposed action and encourage them to comment on their areas of
concern.
---------------------------------------------------------------------------

    \4\ ''We,'' ``us,'' and ``our'' refer to the environmental staff
of the FERC's Office of Energy Projects.
    \5\ The original NOI for the TEMAX and TIME III Projects was
issued on November 18, 2008, and the scoping period closed on
December 19, 2008. The original NOI was sent to affected landowners;
Federal, State, and local government agencies; elected officials;
Native American groups; other interested parties; and local
libraries and newspapers.
---------------------------------------------------------------------------

    The EA will discuss impacts that could occur as a result of the
construction and operation of the Projects under these general
headings:
     Geology and soils;
     Land use and visual quality;
     Water quality and wetlands;
     Cultural resources;
     Vegetation and wildlife;
     Threatened and endangered species;
     Air quality and noise; and
     Reliability and safety.

    We will also evaluate possible alternatives to the proposed
projects or portions of the projects, and make recommendations on how
to lessen or avoid impacts on the various resource areas.
    Our independent analysis of the issues will be presented in the EA.
Depending on the comments received during the scoping process, the EA
may be published and mailed to Federal, State, and local agencies;
public interest groups; Native American Tribes; interested individuals;
affected landowners; newspapers; libraries; and the Commission's
official service list for this proceeding. A comment period will be
allotted for review when the EA is published. We will consider all
comments on the EA before we make our recommendations to the
Commission. To ensure your comments are considered, please carefully
follow the instructions in the Public Participation section below.

Currently Identified Environmental Issues

    Based on our review of Texas Eastern's recently filed Chambersburg
Alternative and preliminary consultations with other agencies, we have
already identified several environmental issues that we think deserve
attention. This preliminary list of issues for the Chambersburg
Alternative may be changed based on your comments and our analysis:
     Location near the Michaux State Forest;
     Crosses the Caledonia State Park; and
     Crosses the Appalachian National Scenic Trail.

Public Participation

    You can make a difference by providing us with your specific
comments or concerns about the TEMAX/TIME III Projects. Your comments
should focus on the potential environmental effects of the proposal,
reasonable alternatives, and measures to avoid or lessen environmental
impact. The more specific your comments, the more useful they will be.
To ensure that your comments are timely and properly recorded, please
send in your comments so that they will be received in Washington, DC
on or before April 13, 2009.
    For your convenience, there are three methods you can use to submit
your written comments to the Commission. In all instances, please
reference the project docket number CP09-68-000 with your submission.
The Commission encourages electronic filing of comments and has
dedicated eFiling expert staff available to assist you at<PHONE_NUMBER>
or<EMAIL_ADDRESS>    (1) You may file your comments electronically by using the Quick
Comment feature, which is located on the Commission's internet Web site
at http://www.ferc.gov under the link to Documents and Filings. A Quick
Comment is an easy method for interested persons to submit text-only
comments on a project;
    (2) You may file your comments electronically by using the eFiling
feature, which is located on the Commission's Internet Web site at
http://www.ferc.gov under the link to Documents and Filings. eFiling
involves preparing your submission in the same manner as you would if
filing on paper, and then saving the file on your computer's hard
drive. You will attach that file as your submission. New eFiling users
must first create an account by clicking on ``Sign up'' or
``eRegister.'' You will be asked to select the type of filing you are
making. A comment on a particular project is considered a ``Comment on
a Filing;'' or
    (3) You may file your comments via mail to the Commission by
sending an original and two copies of your letter to: Kimberly D. Bose,
Secretary, Federal Energy Regulatory Commission, 888 First St., NE.,
Room 1A, Washington, DC 20426.
    Label one copy of the comments for the attention of Gas Branch 1,
PJ-11.1.

Becoming an Intervenor

    In addition to involvement in the EA scoping process, you may
become an ``intervenor,'' which is an official party to the proceeding
now that Texas Eastern has formally filed its application with the
Commission. Intervenors play a more formal role in the process and are
able to file briefs, appear at hearings, and be heard by the courts if
they choose to appeal the Commission's final ruling. An intervenor
formally participates in a Commission proceeding by filing a request to
intervene. Instructions for becoming an intervenor are included in the
User's Guide under the ``eFiling'' link on the Commission's Internet
Web site.

Environmental Mailing List

    An effort is being made to send this notice to all individuals,
organizations, and government entities interested in and/or potentially
affected by the planned project. This includes all landowners who are
potential right-of-way grantors, whose property may be used temporarily
for project purposes, or who own homes within distances defined in the
Commission's regulations of certain aboveground facilities.
    If you do not want to send comments at this time but still want to
remain on our mailing list, please return the Information Request
(Appendix B). If you do not return the Information Request, you will be
taken off the mailing list.

Availability of Additional Information

    Additional information about the project is available from the
Commission's Office of External Affairs, at 1-866-208-FERC or on the
FERC Internet Web site (http://www.ferc.gov) using the eLibrary link.
Click on the eLibrary link, click on ``General Search'' and enter the
docket number excluding the last three digits in the Docket Number
field. Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at 1-866-208-3676, or for TTY,
contact<PHONE_NUMBER>. The eLibrary link also provides access to the
texts of formal documents issued by the Commission, such as orders,
notices, and rulemakings.
    In addition, the Commission now offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries and direct links to
the documents. Go to http://www.ferc.gov/esubscribenow.htm.
    Public meetings or site visits will be posted on the Commission's
calendar located at http://www.ferc.gov/EventCalendar/EventsList.aspx
along with other related information.
    Finally, to request additional information on the project or to
provide comments directly to the project sponsor, you can contact Texas
Eastern directly by calling toll free at 1-800-831-0043. Also, Texas
Eastern has established an Internet Web site at http://
www.spectraenergy.com/what_we_do/projects/temax_timeiii/ with
additional information about the projects.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-6077 Filed 3-19-09; 8:45 am]


[Federal Register: June 9, 2006 (Volume 71, Number 111)]
[Notices]
[Page 33500-33501]
[DOCID:fr09jn06-103]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-53591; File No. SR-NYSEArca-2006-23]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
of Proposed Rule Change Relating to a Pilot Program for NYSE Arca BBO
Data

June 7, 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 May 23, 2006, the NYSE Arca, Inc. (``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 Exchange. 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.
---------------------------------------------------------------------------

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

    The Exchange, through its wholly owned subsidiary, NYSE Arca
Equities, Inc. (``NYSE Arca''), proposes to establish as a six-month
pilot program market data fees for the receipt and use of market data
relating to the Exchange's best bids and offers. The text of the
proposed rule change is available on the Exchange's Web site (http://www.archipelago.com
), at the Exchange's Office of the Secretary, 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 Exchange 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 Exchange 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
    (a) The Service. Through NYSE Arca, L.L.C., the equities trading
facility of NYSE Arca, the Exchange makes ArcaBook\SM\, a compilation
of all limit orders resident in the NYSE Arca limit order book,
available on a real-time basis. The Exchange proposes to permit vendors
to cull best bids and offers from its ArcaBookSM product to
create an NYSE Arca Best-Bid-and-Offer service for distribution to its
professional and nonprofessional subscribers (a ``BBO Service'').\3\
---------------------------------------------------------------------------

    \3\ The Exchange notes that it makes available to vendors the
best bids and offers that are included in ArcaBook data no earlier
than it makes those best bids and offers available to the processors
under the Consolidated Quotation System Plan (``CQ Plan'') and the
Reporting Plan for Nasdaq/National Market System Securities Traded
on an Exchange on an Unlisted or Listed Basis (``UTP Plan'').
    The Commission made minor clarifications to the description of
the service contained in this paragraph pursuant to telephone
conversations between Janet Angstadt, Acting General Counsel, NYSE
Arca, Inc. and Kelly Riley, Assistant Director, Commission, on June
6, 2006.
---------------------------------------------------------------------------

    (b) Proposed Fees. Contemporaneously with the proposed rule change,
the Exchange has submitted another proposed rule change that proposes
to establish market data fees and a Market Data Fee Schedule for the
receipt and use of certain of the Exchange's market data services,
including ArcaBook (``ArcaBook Fee Filing'').\4\ The ArcaBook fees
include access fees and professional and nonprofessional device fees.
---------------------------------------------------------------------------

    \4\ See Securities Act Release No. 34-53592, June 7, 2006.
---------------------------------------------------------------------------

    With the proposed rule change, the Exchange proposes as a six-month
pilot program to supplement those fees and that fee schedule with the
addition of device fees for the Exchange's BBO Service. The Exchange is
proposing to set the device fee for professional subscribers who
receive BBO Services for both ``CTA Plan \5\ and ETF Securities'' and
``UTP Plan Securities'' (but no other bids and offers that are included
in ArcaBook) at $15, rather than the combined fee of $30 that would
otherwise apply to the receipt of ArcaBook data for both CTA Plan and
ETF Securities and UTP Plan Securities.
---------------------------------------------------------------------------

    \5\ Consolidated Tape Association Plan (``CTA Plan'').
---------------------------------------------------------------------------

    The combined monthly professional subscriber device fee of $15
compares favorably with comparable device fees in the industry for
similar products. For instance, the 14-tier rate schedule under the CTA
Plan imposes device fees ranging from $127.25 for a professional
subscriber using one device to $18.75 for a professional subscriber
using more than 10,000 devices. Under the UTP Plan, the comparable fee
is $20.
    Similarly, the Exchange is proposing to set the device fee for
nonprofessional subscribers who receive both BBO Services (but no other
bids and offers that are included in ArcaBook) at $5, rather than the
combined fee of $10 that would otherwise apply. In differentiating
between professional and nonprofessional subscribers, the Exchange
proposes to apply the same criteria for qualification as a
nonprofessional subscriber as the CTA and CQ Plan Participants use, as
described in the proposed ArcaBook Fee Filing. The $5 nonprofessional
subscriber fee is higher than the nonprofessional subscriber fees that
are payable under the CQ and UTP Plans in recognition of the fact that
NYSE Arca provides the data to vendors simultaneously with its delivery
of the data to the processors under the CQ and UTP Plans. This allows
vendors to receive the best bids and offers, and to distribute that
data to their subscribers, more quickly than under the CQ and UTP Plans
because it eliminates the processing time of the Plans' processors.
    The ArcaBook Fee Filing establishes a monthly maximum amount of
device fees payable by any broker-dealer in respect of certain
subscribers that maintain brokerage accounts with the broker-dealer.
The Exchange proposes to subject BBO Service fees payable by any
broker-dealer in respect of those same subscribers to that monthly
maximum.
    NYSE Arca believes that the proposed BBO Service fees would reflect
an equitable allocation of its overall costs to users of its
facilities.
    (c) Free Trial Period. As an incentive to prospective subscribers,
the Exchange proposes to offer subscribers the right to receive BBO
Services free of charge for the duration of the calendar month in which
the subscriber first becomes authorized to receive the data. For
example, if a subscriber (whether professional or nonprofessional)
becomes authorized to receive the NYSE Arca BBO Services on May 10, the
device fees set forth in the proposed rule change will not apply during
that month of May.
2. Statutory Basis
    The basis under the Act for the proposed rule change are the

requirement under Section 6(b)(4) \6\ that an exchange have rules that
provide for the equitable allocation of reasonable dues, fees and other
charges among its members and other persons using its facilities and
the requirements under Section 6(b)(5) \7\ that the rules of an
exchange be designed to promote just and equitable principles of trade
and not to permit unfair discrimination between customers, issuers,
brokers or dealers.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b)(4).
    \7\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

    The Exchange believes that the proposed fee change will not impose
any burden on competition that is not necessary or appropriate in the
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

    The Exchange has not solicited, and does not intend to solicit,
comments regarding the proposed rule change. The Exchange has not
received any unsolicited written comments from Exchange participants or
other interested parties.

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

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding, or (ii) as to
which the NYSE consents, the Commission will:
    A. By order approve such proposed rule change; or
    B. Institute proceedings to determine whether the proposed rule
change should be disapproved.

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-NYSEArca-2006-23 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2006-23. 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 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 publicly available. All submissions should refer to
File Number SR-NYSEArca-2006-23 and should be submitted on or before
June 30, 2006.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\8\
---------------------------------------------------------------------------

    \8\ 17 CFR 200.30-3(a)(12).
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Jill M. Peterson,
Assistant Secretary.
[FR Doc. 06-5301 Filed 6-7-06; 1:12 pm]

BILLING CODE 8010-01-P


[Federal Register Volume 77, Number 66 (Thursday, April 5, 2012)]
[Notices]
[Pages 20639-20641]
[FR Doc No: 2012-8229]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2011-N-0659]

Shashikant Shah: Debarment Order

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is issuing an order
under the Federal Food, Drug, and Cosmetic Act (the FD&C Act) debarring
Shashikant Shah for 5 years from

providing services in any capacity to a person that has an approved or
pending drug product application. FDA bases this order on a finding
that Mr. Shah was convicted of one count of conspiracy to commit an
offense against the United States for conduct relating to the
development and approval, including the process for development and
approval, of a drug product and to the regulation of drug products
under the FD&C Act. In addition, the type of conduct underlying the
conviction undermined the process for the regulation of drugs. Mr. Shah
was given notice of the proposed debarment and an opportunity to
request a hearing within the timeframe prescribed by regulation. Mr.
Shah failed to request a hearing, which constitutes a waiver of his
right to a hearing concerning this action.

DATES: This order is effective April 5, 2012.

ADDRESSES: Submit applications for termination of debarment to the
Division of Dockets Management (HFA-305), Food and Drug Administration,
5630 Fishers Lane, rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Kenny Shade, Office of Regulatory
Affairs, Food and Drug Administration, 12420 Parklawn Dr., Element
Bldg., rm. 4144, Rockville, MD 20857,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    Section 306(b)(2)(B)(i)(II) of the FD&C Act (21 U.S.C.
335a(b)(2)(B)(i)(II)) permits FDA to debar an individual if it finds
that the individual has been convicted of a conspiracy to commit a
felony under Federal law for conduct relating to the development or
approval, including the process for development or approval, of any
drug product or relating to the regulation of any drug product under
the FD&C Act, and if FDA finds that the type of conduct that served as
the basis for the conviction undermines the process for the regulation
of drugs.
    On December 17, 2010, judgment was entered against Mr. Shah in the
U.S. District Court for the District of New Jersey based upon a plea of
guilty to one count of conspiracy to commit an offense against the
United States, in violation of 18 U.S.C. 371.
    FDA's finding that debarment is appropriate is based on the felony
conviction referenced herein. The factual basis for the conviction is
as follows: Mr. Shah was employed at Able Laboratories, Inc. (Able) as
vice president of quality assurance/quality control and regulatory
affairs from in or around mid-1999 through in or around December 27,
2004. Able developed, manufactured, and sold several generic drug
products, including products for cardiac and psychiatric conditions and
prescription pain relievers.
    As Able's vice president of quality control and regulatory affairs,
Mr. Shah was responsible for supervising as many as 100 employees,
including numerous managers and supervisors, and several laboratory
chemists. Mr. Shah's other responsibilities included supervising the
quality control and testing processes of the drug products manufactured
and sold by Able, ensuring compliance with current Good Manufacturing
Practices, as required by the FD&C Act and FDA regulations.
    From in or around 1999 through on or about May 19, 2005, Mr. Shah
conspired to cause the introduction and delivery for introduction into
interstate commerce of a drug that was adulterated and misbranded, with
an intent to defraud and mislead, contrary to 18 U.S.C. 371 and 21
U.S.C. 331(a) and 333(a)(2).
    Mr. Shah and his co-conspirators impaired, impeded, defeated, and
obstructed FDA's lawful government function to approve the manufacture
and distribution of generic drug products by violating Good
Manufacturing Practices; violating standards of procedure by failing to
properly investigate, log, and archive questionable, aberrant, and
unacceptable laboratory results so that Able could conceal
improprieties and continue to distribute and sell its drug products;
manipulating and falsifying testing data and information to conceal
from FDA failing laboratory results relating to Able's generic drug
products; creating and maintaining false, fraudulent, and inaccurate
test results to make it appear that drug products had the requisite
identity, strength, quality, and purity characteristics so the drug
products could be distributed and sold to increase Able's sales and
profit; and creating and maintaining false, fraudulent, and inaccurate
data and records to obtain FDA approval to market new product lines.
    In furtherance of the conspiracy, in or around 2002, Mr. Shah
supervised the falsification of testing data for Able's butalbital,
acetaminophen, and caffeine products. In or around 2003, Mr. Shah
supervised the falsification of testing data for Able's methylphenidate
product. Mr. Shah additionally directed and supervised the creation of
false and fraudulent entries in chemist laboratory notebooks, and in
the corresponding process validation binders, relating to Able's
abbreviated new drug application for lithium carbonate extended release
tablets, for which Able received FDA approval on or about April 21,
2003.
    As a result of his conviction, on December 20, 2011, FDA sent Mr.
Shah a notice by certified mail proposing to debar him for 5 years from
providing services in any capacity to a person that has an approved or
pending drug product application. The proposal was based on a finding,
under section 306(b)(2)(B)(i)(II) of the FD&C Act that Mr. Shah was
convicted of a conspiracy under Federal law for conduct relating to the
development and approval, including the process for development and
approval of a drug product, and to the regulation of drug products
under the FD&C Act, and the conduct that served as a basis for the
conviction undermined the process for the regulation of drugs. The
proposal also offered Mr. Shah an opportunity to request a hearing,
providing him 30 days from the date of receipt of the letter in which
to file the request, and advised him that failure to request a hearing
constituted a waiver of the opportunity for a hearing and of any
contentions concerning this action. Mr. Shah failed to request a
hearing within the timeframe prescribed by regulation and has,
therefore, waived his opportunity for a hearing and waived any
contentions concerning his debarment (21 CFR part 12).

II. Findings and Order

    Therefore, the Director, Office of Enforcement, Office of
Regulatory Affairs, under Section 306(b)(2)(B)(i)(II) of the FD&C Act,
under authority delegated to him (Staff Manual Guide 1410.35), finds
that Shashikant Shah has been convicted of a conspiracy under Federal
law for conduct relating to the development and approval, including the
process for development and approval of a drug product, and to the
regulation of drug products under the FD&C Act, and that the type of
conduct that served as a basis for the conviction undermined the
process for the regulation of drugs.
    As a result of the foregoing finding, Mr. Shah is debarred for 5
years from providing services in any capacity to a person with an
approved or pending drug product application under sections 505, 512,
or 802 of the FD& C Act (21 U.S.C. 355, 360b, or 382), or under section
351 of the Public Health Service Act (42 U.S.C. 262), effective (see
DATES), (see sections 306(c)(1)(B), (c)(2)(A)(iii), and 201(dd) of the
FD&C Act (21 U.S.C. 335a(c)(1)(B), (c)(2)(A)(iii), and 321(dd))). Any
person

with an approved or pending drug product application who knowingly
employs or retains as a consultant or contractor, or otherwise uses the
services of Mr. Shah, in any capacity during Mr. Shah's debarment, will
be subject to civil money penalties (section 307(a)(6) of the FD&C Act
(21 U.S.C. 335b(a)(6))). If Mr. Shah provides services in any capacity
to a person with an approved or pending drug product application during
his period of debarment he will be subject to civil money penalties
(section 307(a)(7) of the FD&C Act (21 U.S.C. 335b(a)(7))). In
addition, FDA will not accept or review any abbreviated new drug
applications submitted by or with the assistance of Mr. Shah during his
period of debarment (section 306(c)(1)(B) of the FD&C Act).
    Any application by Mr. Shah for termination of debarment under
section 306(d)(1) of the FD&C Act (21 U.S.C. 355a(d)(1)) should be
identified with Docket No. FDA-2011-N-0659 and sent to the Division of
Dockets Management (see ADDRESSES). All such submissions are to be
filed in four copies. The public availability of information in these
submissions is governed by 21 CFR 10.20(j).
    Publicly available submissions may be seen in the Division of
Dockets Management between 9 a.m. and 4 p.m., Monday through Friday.

    Dated: March 27, 2012.
Armando Zamora,
Acting Director, Office of Enforcement, Office of Regulatory Affairs.
[FR Doc. 2012-8229 Filed 4-4-12; 8:45 am]
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[Federal Register Volume 88, Number 8 (Thursday, January 12, 2023)]
[Rules and Regulations]
[Pages 1983-1984]
[FR Doc No: 2023-00185]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2020-1105; Project Identifier MCAI-2020-01459-T;
Amendment 39-22086; AD 2020-25-03R1]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule; removal.

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SUMMARY: The FAA is removing Airworthiness Directive (AD) 2020-25-03,
which applied to all Airbus SAS Model A318, A319, A320, and A321 series
airplanes. AD 2020-25-03 required repetitive checks of the pressure
gauges to determine the amount of pressure on the inflation reservoir
of each emergency escape slide/raft, and applicable corrective actions.
AD 2020-25-03 also provided optional terminating action for the
repetitive checks. The FAA issued AD 2020-25-03 to address insufficient
reservoir pressure in an emergency escape slide/raft, which would
prevent the deployment of the emergency escape slide/raft during an
emergency, possibly resulting in injury to the occupants. The FAA has
determined that AD 2020-25-03 is no longer necessary because the unsafe
condition no longer exists. Accordingly, AD 2020-25-03 is removed.

DATES: This AD becomes effective January 12, 2023.

ADDRESSES: AD Docket: You may examine the AD docket at regulations.gov
under Docket No. FAA-2020-1105; or in person at Docket Operations
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this final rule, any comments
received, and other information. The address for Docket Operations is
U.S. Department of Transportation, Docket Operations, M-30, West
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE,
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, Large
Aircraft Section, International Validation Branch, FAA, 2200 South
216th St., Des Moines, WA 98198; telephone<PHONE_NUMBER>; email
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    The European Union Aviation Safety Agency (EASA), which is the
Technical Agent for the Member States of the European Union, previously
issued AD 2020-0236, dated October 27, 2020 (EASA AD 2020-0236) (also
referred to as the Mandatory Continuing Airworthiness Information, or
the MCAI), to correct an unsafe condition for all Airbus SAS Model A318
series airplanes; Model A319-111, -112, -113, -114, -115, -131, -132, -
133, -151N, -153N, and -171N airplanes; Model A320-211, -212, -214, -
215, -216, -231, -232, -233, -251N, -252N, -253N, -271N, -272N, and -
273N airplanes; and Model A321 series airplanes. The FAA issued
corresponding AD 2020-25-03, Amendment 39-21345 (85 FR 79415, December
10, 2020) (AD 2020-25-03), for those airplanes except for Model A319-
153N and A320-215 airplanes, which are not included on the U.S. type
certificate data sheet. AD 2020-25-03 required repetitive checks of the
pressure gauges to determine the amount of pressure on the inflation
reservoir of each emergency escape slide/raft, and applicable
corrective actions. AD 2020-25-03 also provided optional terminating
action for the repetitive checks. AD 2020-25-03 was prompted by a
report of a loud bang heard during airplane boarding. A subsequent
inspection revealed that one emergency escape slide/raft was found with
zero reservoir pressure due to a burst rupture disk assembly in the
inflation reservoir, which was probably caused by a manufacturing
defect. The FAA issued AD 2020-25-03 to address insufficient reservoir
pressure in an emergency escape slide/raft, which would prevent the
deployment of the emergency escape slide/raft during an emergency,
possibly resulting in injury to the occupants.
    Since the FAA issued AD 2020-25-03, EASA issued AD 2020-0236-CN,
dated May 16, 2022, to cancel EASA AD 2020-0236. EASA advised the FAA
that SAFRAN Aerosystems, the manufacturer of the affected parts,
produced service information with instructions for replacement of the
rupture disk during overhaul of the affected parts. EASA reports that
no rupture disk failures have occurred in service or during overhaul.
Consequently, new risk analysis determined that an unsafe condition no
longer exists that would warrant AD action.
    Subsequently, the FAA issued a notice of proposed rulemaking (NPRM)
to amend 14 CFR part 39 by removing AD 2020-25-03. The NPRM was
published in the Federal Register on June 16, 2022 (87 FR 36274). The
FAA is issuing this AD to remove AD 2020-25-03.

Discussion of Final Airworthiness Directive

Comments

    The FAA received a comment from United Airlines Engineering in
support of the NPRM without change. The commenter concurred with the
proposal to rescind AD 2020-25-03, noting that there have been no known
reports of evacuation slide issues related to rupture disc failure
while in service or during repair/overhaul. The commenter added that a
visual check of the slide pressure is performed prior to each revenue
flight.

Change to Project Identifier Number

    The NPRM identified the project number as AD-2020-01459-T. However,
the project number for this rescission is MCAI-2020-1459-T. The FAA has
revised this rescission accordingly.

Conclusion

    The FAA reviewed the relevant data, considered any comments
received, and determined that air safety requires adopting this AD as
proposed. Except for minor editorial changes, this AD is adopted as
proposed in the NPRM. None of the changes will increase the economic
burden on any operator.

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.

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by:
0
a. Removing Airworthiness Directive (AD) 2020-25-03, Amendment 39-21345
(85 FR 79415, December 10, 2020), and
0
b. Adding the following new AD:

2020-25-03R1 Airbus SAS: Amendment 39-22086; Docket No. FAA-2020-
1105; Project Identifier MCAI-2020-01459-T.

(a) Effective Date

    This AD becomes effective January 12, 2023.

(b) Affected ADs

    This AD replaces AD 2020-25-03, Amendment 39-21345 (85 FR 79415,
December 10, 2020).

(c) Applicability

    This action applies to all Airbus SAS airplanes, certificated in
any category, identified in paragraphs (c)(1) through (4) of this
AD.
    (1) Model A318-111, -112, -121, and -122 airplanes.
    (2) Model A319-111, -112, -113, -114, -115, -131, -132, -133, -
151N, and -171N airplanes.
    (3) Model A320-211, -212, -214, -216, -231, -232, -233, -251N, -
252N, -253N, -271N, -272N, and -273N airplanes.
    (4) Model A321-111, -112, -131, -211, -212, -213, -231, -232, -
251N, -252N, -253N, -271N, -272N, -251NX, -252NX, -253NX, -271NX,
and -272NX airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 25, Equipment/
furnishings.

(e) Related Information

    For more information about this AD, contact Dan Rodina,
Aerospace Engineer, Large Aircraft Section, International Validation
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
206-231-3225; email [email protected].

(f) Material Incorporated by Reference

    None.

    Issued on January 4, 2023.
Gaetano A. Sciortino,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-00185 Filed 1-11-23; 8:45 am]
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