[Federal Register Volume 81, Number 225 (Tuesday, November 22, 2016)]
[Rules and Regulations]
[Pages 83653-83655]
[FR Doc No: 2016-26618]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-7421; Directorate Identifier 2015-NM-145-AD;
Amendment 39-18705; AD 2016-22-16]
RIN 2120-AA64

Airworthiness Directives; Bombardier, Inc. Airplanes

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

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Bombardier, Inc. Model CL-600-2C10 (Regional Jet Series 700, 701, and
702), CL-600-2D15 (Regional Jet Series 705), CL-600-2D24 (Regional Jet
Series 900), and CL-600-2E25 (Regional Jet Series 1000) airplanes. This
AD was prompted by a determination that wear and possible leakage of
the high-pressure seal in the cylinder of the No. 3 hydraulic system
reservoir could occur and cause high hydraulic fluid temperature and/or
prevent the system from reaching normal operating pressure. This AD
requires repetitive operational checks for wear and leakage of the
high-pressure seal in the cylinder of the reservoir of the No. 3
hydraulic system, and corrective actions if necessary. We are issuing
this AD to address the unsafe condition on these products.

DATES: This AD is effective December 27, 2016.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of December 27,
2016.

ADDRESSES: For service information identified in this final rule,
contact Bombardier, Inc., 400 C[ocirc]te Vertu Road West, Dorval,
Qu[eacute]bec H4S 1Y9, Canada; Widebody Customer Response Center North
America toll-free telephone 1-866-538-1247 or direct-dial telephone 1-
514-855-2999; fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
Internet http://www.bombardier.com. You may view this referenced
service information at the FAA, Transport Airplane Directorate, 1601
Lind Avenue SW., Renton, WA. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>. It is also available on
the Internet at http://www.regulations.gov by searching for and
locating Docket No. FAA-2016-7421.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
7421; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this AD, the regulatory evaluation, any comments received, and
other information. The street address for the Docket Office (telephone
800-647-5527) is Docket Management Facility, 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: Cesar Gomez, Aerospace Engineer,
Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, NY
11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to certain Bombardier, Inc.
Model CL-600-2C10 (Regional Jet Series 700, 701, and 702), CL-600-2D15
(Regional Jet Series 705), CL-600-2D24 (Regional Jet Series 900), and
CL-600-2E25 (Regional Jet Series 1000) airplanes. The NPRM published in
the Federal Register on July 1, 2016 (81 FR 43122) (``the NPRM''). The
NPRM was prompted by a determination that wear and possible leakage of
the high-pressure seal in the cylinder of the No. 3 hydraulic system
reservoir could occur and cause high hydraulic fluid temperature and/or
prevent the system from reaching normal operating pressure. The NPRM
proposed to require repetitive operational checks for wear and leakage
of the high-pressure seal in the cylinder of the reservoir of the No. 3
hydraulic system, and corrective actions if necessary. We are issuing
this AD to detect and correct wear and leakage of the high-pressure
seal in the cylinder of the reservoir of the No. 3 hydraulic system,
which can result in high hydraulic fluid temperature. High hydraulic
fluid temperature combined with a temperature transducer malfunction
could result in un-annunciated overheating of the hydraulic system and
consequent ignition sources inside the fuel tank, which, combined with
flammable fuel vapors, could result in a fuel tank explosion and
consequent loss of the airplane.
    Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian Airworthiness Directive CF-
2015-27, dated September 14, 2015 (referred to after this as the
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to
correct an unsafe condition for certain Bombardier, Inc. Model CL-600-
2C10 (Regional Jet Series 700, 701, and 702), CL-600-2D15 (Regional Jet
Series 705), CL-600-2D24 (Regional Jet Series 900), and CL-600-2E25
(Regional Jet Series 1000) airplanes. The MCAI states:

    It was discovered that the high-pressure seal in the cylinder of
the No. 3 hydraulic system reservoir with P/N 960450-1 could wear
and leak. This can cause high hydraulic fluid temperature and/or
prevent the system from reaching normal operating pressure. High
hydraulic fluid temperature, in combination with a temperature
transducer malfunction, could result in an unannunciated overheat of
the hydraulic system that could result in a potential ignition
source within the fuel system.
    This [Canadian] AD mandates the repetitive operational check of
the hydraulic system No. 3 fluid temperature indication as an
interim mitigating action.

    Required actions include repeating any operational check that fails
until the operational check passes. You may examine the MCAI in the AD
docket on the Internet at http://www.regulations.gov by searching for
and locating Docket No. FAA-2016-7421.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM or on the determination of
the cost to the public.

Clarification of Applicability in This AD

    Bombardier, Inc. Model CL-600-2D15 airplanes are derivatives of the
Model CL-600-2D24 and should have been included in paragraph (c)(2) of
the proposed AD. Therefore, Model CL-600-2D15 is added to paragraph
(c)(2) of this AD. The serial number range specified in paragraph
(c)(2) of the proposed AD remains unchanged.

Clarification of Unsafe Condition

    In the SUMMARY and Discussion sections of the NPRM and paragraph
(e) of the proposed AD, we specified that the AD was to detect and
correct a malfunctioning temperature indication of the No. 3 hydraulic
system. However, the operational check is for wear and leakage of the
high-pressure seal in the cylinder of the reservoir of the No. 3
hydraulic system, which can result in high hydraulic fluid temperature.
We have revised the SUMMARY and Discussion sections of the final rule
and paragraph (e) of this AD accordingly.

Conclusion

    We reviewed the relevant data and determined that air safety and
the public interest require adopting this AD with the change described
previously and minor editorial changes. We have determined that these
minor changes:
     Are consistent with the intent that was proposed in the
NPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    We reviewed Bombardier Service Bulletin 670BA-29-018, Revision A,
dated October 13, 2015. The service information describes procedures
for performing an operational check for wear and leakage of the high-
pressure seal in the cylinder of the reservoir of the No. 3 hydraulic
system. This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 509 airplanes of U.S. registry.
    We also estimate that it takes about 1 work-hour per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour. Based on these figures, we estimate the cost of
this AD on U.S. operators to be $43,265, or $85 per airplane.
    We have received no definitive data that enables us to provide a
cost estimate for the on-condition actions specified in this AD.

Authority for This Rulemaking

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

Regulatory Findings

    We 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. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13   [Amended]

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

2016-22-16 Bombardier, Inc.: Amendment 39-18705; Docket No. FAA-
2016-7421; Directorate Identifier 2015-NM-145-AD.

(a) Effective Date

    This AD is effective December 27, 2016.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the Bombardier, Inc. airplanes identified in
paragraph (c)(1), (c)(2), or (c)(3) of this AD, certificated in any
category, equipped with No. 3 hydraulic system reservoir having part
number 960450-1.
    (1) Model CL-600-2C10 (Regional Jet Series 700, 701, and 702)
airplanes, having serial numbers 10002 through 10999 inclusive.
    (2) Model CL-600-2D15 (Regional Jet Series 705) and CL-600-2D24
(Regional Jet Series 900) airplanes, having serial numbers 15001
through 15990 inclusive.
    (3) Model CL-600-2E25 (Regional Jet Series 1000) airplanes,
having serial numbers 19001 through 19990 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 29, Hydraulic
power.

(e) Reason

    This AD was prompted by a determination that wear and possible
leakage of the high-pressure seal in the cylinder of the No. 3
hydraulic system reservoir could occur and cause high hydraulic
fluid temperature and/or prevent the system from reaching normal
operating pressure. We are issuing this AD to detect and correct
wear and leakage of the high-pressure seal in the cylinder of the
reservoir of the No. 3 hydraulic system, which can result in high
hydraulic fluid temperature. High hydraulic fluid temperature
combined with a temperature transducer malfunction could result in
un-annunciated overheating of the hydraulic system and consequent
ignition sources inside the fuel tank, which, combined with
flammable fuel vapors, could result in a fuel tank explosion and
consequent loss of the airplane.

(f) Compliance

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

(g) Operational Check and Repair, if Necessary

    Within 660 flight hours or 4 months after the effective date of
this AD, whichever occurs first: Perform an operational check for
wear and leakage of the high-pressure seal in the cylinder of the
reservoir of the No. 3 hydraulic system, in accordance with the
Accomplishment Instructions of Bombardier Service Bulletin 670BA-29-
018, Revision A, dated October 13, 2015. If the operational check
fails, before further flight, do applicable corrective actions and
repeat the operational check and applicable corrective actions until
the operational check passes. Repeat the operational check
thereafter at intervals not to exceed 660 flight hours or 4 months,
whichever occurs first.

(h) Credit for Previous Actions

    This paragraph provides credit for the applicable actions
required by paragraph (g) of this AD, if those actions were
performed before the effective date of this AD using Bombardier
Service Bulletin 670BA-29-018, dated June 25, 2015.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York Aircraft Certification Office (ACO), ANE-170, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. Send information to ATTN: Program
Manager, Continuing Operational Safety, FAA, New York ACO, 1600
Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-
7300; fax<PHONE_NUMBER>. Before using any approved AMOC, notify your
appropriate principal inspector, or lacking a principal inspector,
the manager of the local flight standards district office/
certificate holding district office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, New York ACO,
ANE-170, FAA; or Transport Canada Civil Aviation (TCCA); or
Bombardier, Inc.'s TCCA Design Approval Organization (DAO). If
approved by the DAO, the approval must include the DAO-authorized
signature.

(j) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) Canadian Airworthiness Directive CF-2015-27, dated September
14, 2015, for related information. This MCAI may be found in the AD
docket on the Internet at http://www.regulations.gov by searching
for and locating Docket No. FAA-2016-7421.
    (2) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (k)(3) and (k)(4) of this AD.

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) Bombardier Service Bulletin 670BA-29-018, Revision A, dated
October 13, 2015.
    (ii) Reserved.
    (3) For service information identified in this AD, contact
Bombardier, Inc., 400 C[ocirc]te Vertu Road West, Dorval,
Qu[eacute]bec H4S 1Y9, Canada; Widebody Customer Response Center
North America toll-free telephone 1<PHONE_NUMBER> or direct-dial
telephone 1<PHONE_NUMBER>; fax<PHONE_NUMBER>; email
<EMAIL_ADDRESS>Internet http://www.bombardier.com.
    (4) You may view this service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call
425-227-1221.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on October 25, 2016.
Dionne Palermo,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.

[FR Doc. 2016-26618 Filed 11-21-16; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 125 (Friday, June 28, 2019)]
[Rules and Regulations]
[Pages 30900-30903]
[FR Doc No: 2019-13795]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2019-0418]

Safety Zones; Northern California and Lake Tahoe Area Annual
Fourth of July Fireworks Events

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce numerous safety zones within the
Captain of the Port San Francisco Zone on specified dates and times in
celebration of the Fourth of July. This action is necessary to protect
personnel, vessels, and the marine environment from the dangers
associated with pyrotechnics. Our regulation for marine events within
Northern California and the Lake Tahoe area identifies the regulated
area for these events. During the enforcement period, unauthorized
persons or vessels are prohibited from entering into, transiting
through, or remaining in the regulated areas without permission of the
Captain of the Port or a designated representative.

DATES: The regulations in 33 CFR 165.1191, Table 1, will be enforced
for the dates and times identified in the SUPPLEMENTARY INFORMATION
section below.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice
of enforcement, call or email Lieutenant Junior Grade Jennae Cotton,
Waterways Management, U.S. Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety
zones listed in 33 CFR 165.1191, Table 1, Item numbers 3, 4, 8, 9, 10,
11, 13, 14, 15, 16, 17, 18, 19, and 28. Dates, times, and locations are
indicated in the table below and will be published in the Local Notice
to Mariners at least 20 days prior to the date of each of the events.

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

------------------------------------------------------------------------
               3. Fourth of July Fireworks, City of Eureka
------------------------------------------------------------------------
Sponsor...........................  City of Eureka, CA.
Event Description.................  Fireworks Display.
Date..............................  July 4, 2019.
Time..............................  From noon on July 3, 2019 to 9:30
                                     p.m. on July 4, 2019, the barge
                                     will load, transit, and stage at
                                     the display location. From 9:30
                                     p.m. until approximately 10:55 p.m.
                                     on July 4, 2019, the safety zone
                                     will encompass all navigable waters
                                     within a 1,000-foot radius of the
                                     fireworks barge.
Location..........................  The barge will load at Schneider
                                     Dock and transit to the display
                                     location in Humboldt Bay, CA, at
                                     approximate position 40[deg]48.49'
                                     N, 124[deg]10.11' W.
Regulated Area....................  100-foot radius around the fireworks
                                     launch barge during the loading of
                                     pyrotechnics aboard the fireworks
                                     barge and during the transit of the
                                     fireworks barge from the loading
                                     location to the display location.
                                     Increases to a 1,000-foot radius
                                     upon commencement of the fireworks
                                     display.
------------------------------------------------------------------------
               4. Fourth of July Fireworks, Crescent City
------------------------------------------------------------------------
Sponsor...........................  Crescent City, CA.
Event Description.................  Fireworks Display.
Date..............................  July 4, 2019.
Time..............................  From 9:30 p.m. until approximately
                                     10:20 p.m. on July 4, 2019.
Location..........................  The West Jetty of Crescent City
                                     Harbor, Crescent City, CA, at
                                     approximate position 41[deg]44'39''
                                     N, 124[deg]11'58'' W.
Regulated Area....................  Crescent City Harbor in the
                                     navigable waters within a 700-foot
                                     radius of the launch platform
                                     located on the West Jetty.
------------------------------------------------------------------------
              8. Fourth of July Fireworks, Berkeley Marina
------------------------------------------------------------------------
Sponsor...........................  Berkeley Marina.
Event Description.................  Fireworks Display.
Date..............................  July 4, 2019.
Time..............................  From 9 a.m. to 9 p.m. on July 4,
                                     2019, the barge will load, transit,
                                     and stage at the display location.
                                     From 9 p.m. until approximately
                                     10:20 p.m. on July 4, 2019, the
                                     safety zone will encompass all
                                     navigable waters within a 1,000-
                                     foot radius of the fireworks barge.
Location..........................  The barge will load at Pier 50 in
                                     San Francisco, CA and transit to
                                     the display location near Berkeley
                                     Pier at approximate position
                                     37[deg]51'40'' N, 122[deg]19'19''
                                     W.
Regulated Area....................  100-foot radius around the fireworks
                                     barge during the loading, transit,
                                     setup, and until the commencement
                                     of the scheduled display. Increases
                                     to a 1,000-foot radius upon
                                     commencement of the fireworks
                                     display.
------------------------------------------------------------------------

              9. Fourth of July Fireworks, City of Richmond
------------------------------------------------------------------------
Sponsor...........................  Various Sponsors.
Event Description.................  Fireworks Display.
Date..............................  July 3, 2019.
Time..............................  From 9 a.m. to 9 p.m. on July 3,
                                     2019, the barge will load, transit,
                                     and stage at the display location.
                                     From 9 p.m. until approximately
                                     10:20 p.m. on July 3, 2019, the
                                     safety zone will encompass all
                                     navigable waters within a 560-foot
                                     radius of the fireworks barge.
Location..........................  The barge will load at Pier 50 in
                                     San Francisco and transit to the
                                     display location in Richmond Harbor
                                     in approximate position
                                     37[deg]54'40'' N, 122[deg]21'05''
                                     W, Richmond, CA.
Regulated Area....................  100-foot radius around the fireworks
                                     barge during the loading, transit,
                                     setup, and until the commencement
                                     of the scheduled display. Increases
                                     to a 560-foot radius upon
                                     commencement of the fireworks
                                     display.
------------------------------------------------------------------------
             10. Fourth of July Fireworks, City of Sausalito
------------------------------------------------------------------------
Sponsor...........................  City of Sausalito.
Event Description.................  Fireworks Display.
Date..............................  July 4, 2019.
Time..............................  From 9 a.m. to 9 p.m. on July 4,
                                     2019, the barge will load, transit,
                                     and stage at the display location.
                                     From 9 p.m. until approximately
                                     10:15 p.m. on July 4, 2019, the
                                     safety zone will encompass all
                                     navigable waters within a 1,000-
                                     foot radius of the fireworks barge.
Location..........................  The barge will load at Pier 50 in
                                     San Francisco, CA and transit to
                                     the display location 1,000 feet off-
                                     shore from Sausalito, CA
                                     waterfront, north of Spinnaker
                                     Restaurant in approximate position
                                     37[deg]51'30.93'' N,
                                     122[deg]28'28'' W.
Regulated Area....................  100-foot radius around the fireworks
                                     launch barge during the loading of
                                     pyrotechnics aboard the fireworks
                                     barge and during the transit of the
                                     fireworks barge from the loading
                                     location to the display location.
                                     Increases to a 1,000-foot radius
                                     upon commencement of the fireworks
                                     display.
------------------------------------------------------------------------
             11. Fourth of July Fireworks, City of Martinez
------------------------------------------------------------------------
Sponsor...........................  City of Martinez.
Event Description.................  Fireworks Display.
Date..............................  July 4, 2019.
Time..............................  From 9:30 p.m. until approximately
                                     10:20 p.m. on July 4, 2019.
Location..........................  The fireworks will be launched from
                                     shore along the Carquinez Strait at
                                     approximate position 38[deg]01'32''
                                     N, 122[deg]08'24'' W.
Regulated Area....................  The area of navigable waters within
                                     a 560-foot radius of the launch
                                     platform located near Waterfront
                                     Park.
------------------------------------------------------------------------
             13. Fourth of July Fireworks, City of Pittsburg
------------------------------------------------------------------------
Sponsor...........................  City of Pittsburg.
Event Description.................  Fireworks Display.
Date..............................  July 4, 2019.
Time..............................  Approximately 9 p.m. to 10:20 p.m.
                                     on July 4, 2019.
Location..........................  Suisun Bay, CA.
Regulated Area....................  The area of navigable waters within
                                     a 560-foot radius of the launch
                                     platform located on the Pittsburg
                                     Marina Pier in approximate position
                                     38[deg]02'32'' N, 121[deg]53'19''
                                     W.
------------------------------------------------------------------------
            14. Delta Independence Day Celebration Fireworks
------------------------------------------------------------------------
Sponsor...........................  Various Sponsors.
Event Description.................  Fireworks Display.
Date..............................  July 4, 2019.
Time..............................  From 8 a.m. to 9 p.m. on July 4,
                                     2019, the barge will load, transit,
                                     and stage at the display location.
                                     From 9 p.m. until approximately
                                     10:20 p.m. on July 4, 2019, the
                                     safety zone will encompass all
                                     navigable waters within a 1,000-
                                     foot radius of the fireworks barge.
Location..........................  The barge will load at the Dutra
                                     Corp Yard in Rio Vista, CA, and
                                     transit to the display location in
                                     the San Joaquin River, near
                                     Mandeville Island, CA, at
                                     approximate position
                                     38[deg]03'20.5'' N, 121[deg]32'03''
                                     W.
Regulated Area....................  100-foot radius around the fireworks
                                     launch barge during the loading of
                                     pyrotechnics aboard the fireworks
                                     barge and during the transit of the
                                     fireworks barge from the loading
                                     location to the display location.
                                     Increases to a 1,000-foot radius
                                     upon commencement of the fireworks
                                     display.
------------------------------------------------------------------------
              15. Fourth of July Fireworks, Tahoe City, CA
------------------------------------------------------------------------
Sponsor...........................  Various Sponsors.
Event Description.................  Fireworks Display.
Date..............................  July 4, 2019.
Time..............................  From 7 a.m. to 9 p.m. on July 4,
                                     2019, the barge will load, transit,
                                     and stage at the display location.
                                     From 9 p.m. until approximately
                                     10:20 p.m. on July 4, 2019, the
                                     safety zone will encompass all
                                     navigable waters within a 1,000-
                                     foot radius of the fireworks barge.
Location..........................  The barge will load at Kings Beach,
                                     CA and transit to the display
                                     location off-shore from Common
                                     Beach, Tahoe City, CA in
                                     approximate position 39[deg]10.04'
                                     N, 120[deg]08.15' W.
Regulated Area....................  100-foot radius around the fireworks
                                     launch barge during the loading of
                                     pyrotechnics aboard the fireworks
                                     barge and during the transit of the
                                     fireworks barge from the loading
                                     location to the display location.
                                     Increases to a 1,000-foot radius
                                     upon commencement of the fireworks
                                     display.
------------------------------------------------------------------------

               16. Fourth of July Fireworks, Glenbrook NV
------------------------------------------------------------------------
Sponsor...........................  Various Sponsors.
Event Description.................  Fireworks Display.
Date..............................  July 4, 2019.
Time..............................  From 8 a.m. to 9 p.m. on July 4,
                                     2019, the barge will load, transit,
                                     and stage at the display location.
                                     From 9 p.m. until approximately
                                     10:25 p.m. on July 4, 2019, the
                                     safety zone will encompass all
                                     navigable waters within a 1,000-
                                     foot radius of the fireworks barge.
Location..........................  The barge will load in Glenbrook, NV
                                     and transit to the display location
                                     off-shore Glenbrook Beach, NV in
                                     approximate position
                                     39[deg]05'18.40'' N,
                                     119[deg]56'34.67'' W.
Regulated Area....................  100-foot radius around the fireworks
                                     launch barge during the loading of
                                     pyrotechnics aboard the fireworks
                                     barge and during the transit of the
                                     fireworks barge from the loading
                                     location to the display location.
                                     Increases to a 1,000-foot radius
                                     upon commencement of the fireworks
                                     display.
------------------------------------------------------------------------
             17. Independence Day Fireworks, Kings Beach, CA
------------------------------------------------------------------------
Sponsor...........................  North Tahoe Business Association.
Event Description.................  Fireworks Display.
Date..............................  July 3, 2019.
Time..............................  From 7 a.m. to 9 p.m. on July 3,
                                     2019, the barge will load, transit,
                                     and stage at the display location.
                                     From 9 p.m. until approximately
                                     10:20 p.m. on July 3, 2019, the
                                     safety zone will encompass all
                                     navigable waters within a 1,000-
                                     foot radius of the fireworks barge.
Location..........................  The barge will load in Kings Beach,
                                     CA and will transit to the display
                                     location off-shore from Kings
                                     Beach, CA in approximate position
                                     39[deg]13.98' N, 120[deg]01.61' W.
Regulated Area....................  100-foot radius around the fireworks
                                     launch barge during the loading of
                                     pyrotechnics aboard the fireworks
                                     barge and during the transit of the
                                     fireworks barge from the loading
                                     location to the display location.
                                     Increases to a 1,000-foot radius
                                     upon commencement of the fireworks
                                     display.
------------------------------------------------------------------------
  18. Lights on the Lake Fourth of July Fireworks, South Lake Tahoe, CA
------------------------------------------------------------------------
Sponsor...........................  Various Sponsors.
Event Description.................  Fireworks Display.
Date..............................  July 4, 2019.
Time..............................  From 7 a.m. on July 1, 2019 to 9:15
                                     p.m. on July 4, 2019, the barge
                                     will load, transit, and stage at
                                     the display location. From 9:15
                                     p.m. until approximately 10:45 p.m.
                                     on July 4, 2019, the safety zone
                                     will encompass all navigable waters
                                     within a 1,000-foot radius of the
                                     fireworks barge.
Location..........................  The barge will load in Edgewood,
                                     Stateline, NV and transit to the
                                     display location off South Lake
                                     Tahoe, CA near the Nevada border in
                                     approximate position 38[deg]57'56''
                                     N, 119[deg]57'21'' W.
Regulated Area....................  100-foot radius around the fireworks
                                     launch barge during the loading of
                                     pyrotechnics aboard the fireworks
                                     barge and during the transit of the
                                     fireworks barge from the loading
                                     location to the display location.
                                     Increases to a 1,000-foot radius
                                     upon commencement of the fireworks
                                     display.
------------------------------------------------------------------------
      19. Red, White, and Tahoe Blue Fireworks, Incline Village, NV
------------------------------------------------------------------------
Sponsor...........................  Various Sponsors.
Event Description.................  Fireworks Display.
Date..............................  July 4, 2019.
Time..............................  From 7:30 a.m. on July 3, 2019 to
                                     9:10 p.m. on July 4, 2019, the
                                     barge will load, transit, and stage
                                     at the display location. From 9:10
                                     p.m. until approximately 10:30 p.m.
                                     on July 4, 2019, the safety zone
                                     will encompass all navigable waters
                                     within a 1,000-foot radius of the
                                     fireworks barge.
Location..........................  The barge will load at IVGID Boat
                                     Launch and transit to the display
                                     location 500-1,000 feet off Incline
                                     Village, NV in Crystal Bay in
                                     approximate position 39[deg]14'13''
                                     N, 119[deg]57'01'' W.
Regulated Area....................  100-foot radius around the fireworks
                                     launch barge during the loading of
                                     pyrotechnics aboard the fireworks
                                     barge and during the transit of the
                                     fireworks barge from the loading
                                     location to the display location.
                                     Increases to a 1,000-foot radius
                                     upon commencement of the fireworks
                                     display.
------------------------------------------------------------------------
              28. Execpro Services Fourth of July Fireworks
------------------------------------------------------------------------
Sponsor...........................  Execpro Services Inc.
Event Description.................  Fireworks Display.
Date..............................  July 5, 2019.
Time..............................  From 6 a.m. on July 3, 2019 to 9
                                     p.m. on July 5, 2019, the barge
                                     will load, transit, and stage at
                                     the display location. From 9 p.m.
                                     until approximately 10:25 p.m. on
                                     July 5, 2019, the safety zone will
                                     encompass all navigable waters
                                     within a 1,000-foot radius of the
                                     fireworks barge.
Location..........................  The barge will load at Obexer's
                                     Marine and Sand Harbor and transit
                                     to the display location off-shore
                                     from Incline Village, NV in
                                     approximate position 39[deg]13'56''
                                     N, 119[deg]56'24'' W.
Regulated Area....................  100-foot radius around the fireworks
                                     barge during the loading, transit,
                                     setup, and until the commencement
                                     of the scheduled display. Increases
                                     to a 1,000-foot radius upon
                                     commencement of the fireworks
                                     display.
------------------------------------------------------------------------

    Under the provisions of 33 CFR 165.1191, unauthorized persons or
vessels are prohibited from entering into, transiting through, or
anchoring in the safety zone during all applicable effective dates and
times, unless authorized to do so by the PATCOM or other Official
Patrol defined as a Federal, state, or local law enforcement agency on
scene to assist the Coast Guard in enforcing the safety zones. During
the enforcement period, if you are the operator of a vessel in one of
the safety zones you must comply with

directions from the Patrol Commander or other Official Patrol.
    In addition to this notice of enforcement in the Federal Register,
the Coast Guard plans to provide notification of this enforcement
period via the Local Notice to Mariners.
    If the Captain of the Port determines that the regulated area need
not be enforced for the full duration stated in this notice of
enforcement, a Broadcast Notice to Mariners may be used to grant
general permission to enter the regulated area.

    Dated: June 18, 2019.
Marie B. Byrd,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco.
[FR Doc. 2019-13795 Filed 6-27-19; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register: February 22, 2007 (Volume 72, Number 35)]
[Notices]
[Page 8046-8050]
[DOCID:fr22fe07-100]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55294; File No. SR-NYSEArca-2007-05]

Self-Regulatory Organizations; NYSE Arca, Inc.; Order Granting
Accelerated Approval of Proposed Rule Change and Notice of Filing and
Order Granting Accelerated Approval to Amendment No. 1 Regarding a
Proposed Combination Between NYSE Group, Inc. and Euronext N.V.

February 14, 2007.

I. Introduction

    On January 12, 2007, NYSE Arca, Inc. (``NYSE Arca'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934, as amended, (``Exchange Act'') \1\ and Rule 19b-4
thereunder,\2\ a proposed rule change regarding the proposed business
combination (``Combination'') between NYSE Group, Inc. (``NYSE Group'')
and Euronext N.V. (``Euronext''). The proposed rule change was
published for comment in the Federal Register on January 19, 2007.\3\
The Commission received no comments on the proposal. On February 13,
2007, the Exchange filed Amendment No. 1 to the proposed rule
change.\4\ This order grants accelerated approval to the proposed rule
change, grants accelerated approval to Amendment No. 1, and solicits
comments from interested persons on Amendment No. 1.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(l).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 55109 (January 16,
2007), 72 FR 2578 (``Notice'').
    \4\ See Partial Amendment dated February 13, 2007 (``Amendment
No. 1''). The text of Amendment No. 1 and Exhibits 5C, 5D, 5G, and
5H, which set forth certain governing documents as proposed to be
amended, are available on the Commission's Web site (http://www.sec.gov/rules/sro.shtml
), at the Commission's Public Reference

Room, at the Exchange, and on the Exchange's Web site (http://www.nysearca.com
).

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

    The Commission has reviewed carefully the proposed rule change and
finds that the proposed rule change is consistent with the requirements
of the Exchange Act and the rules and regulations thereunder applicable
to a national securities exchange.\5\ In particular, the Commission
finds that the proposed rule change is consistent with Section 6(b) of
the Exchange Act,\6\ which, among other things, requires a national
securities exchange to be so organized and have the capacity to be able
to carry out the purposes of the Exchange Act and to enforce compliance
by its members and persons associated with its members with the
provisions of the Exchange Act, the rules and regulations thereunder,
and the rules of the exchange, and assure the fair representation of
its members in the selection of its directors and administration of its
affairs, and provide that one or more directors shall be representative
of issuers and investors and not be associated with a member of the
exchange, broker, or dealer. Section 6(b) of the Exchange Act \7\ also
requires that the rules of the exchange be designed to promote just and
equitable principles of trade, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and,
in general, to protect investors and the public interest.
---------------------------------------------------------------------------

    \5\ In approving the proposed rule change, the Commission has
considered its impact on efficiency, competition, and capital
formation. See 15 U.S.C. 78c(f).
    \6\ 15 U.S.C. 78f(b).
    \7\ Id.
---------------------------------------------------------------------------

    The Commission finds good cause for approving this proposed rule
change before the thirtieth day after the publication of notice thereof
in the Federal Register. This proposed rule change seeks to make
changes to the following documents: The Amended and Restated
Certificate of Incorporation of NYSE Euronext (``NYSE Euronext
Certificate of Incorporation''); the Amended and Restated Bylaws of
NYSE Euronext (``NYSE Euronext Bylaws''); the NYSE Euronext Director,
Independence Policy (``Independence Policy''), which policy will
replace the current NYSE Group Director Independence Policy; the
proposed Amended and Restated Certificate of Incorporation of NYSE
Group (``NYSE Group Certificate of Incorporation''); the proposed
Amended and Restated Bylaws of NYSE Group (``NYSE Group Bylaws''); the
resolutions of the board of directors of NYSE Group; and the proposed
Trust Agreement for the Delaware Trust (``Trust Agreement''). All of
the proposed changes to these documents were published for comment in
connection with the proposed rule change submitted by the New York
Stock Exchange LLC (``NYSE LLC'') in connection with the
Combination.\8\ In addition to these changes, the Exchange has proposed
changes to the proposed Amended and Restated Certificate of
Incorporation of Archipelago Holdings, Inc. (``Arca Holdings'') to
allow for the ownership and voting of shares of Arca Holdings by the
Delaware Trust (``Trust'').\9\ The Commission has received no comment
letters on this proposal. The Commission finds good cause to accelerate
approval of this proposal to allow the timing of this approval to
coincide with the approval of the corresponding filing by the NYSE
LLC.\10\
---------------------------------------------------------------------------

    \8\ See Securities Exchange Act Release No. 55026 (December 29,
2006), 72 FR 814 (January 8, 2007) (``NYSE LLC Rule Filing'').
    \9\ Similar changes have been proposed for NYSE Group. See
proposed NYSE Group Certificate of Incorporation, Article IV,
Section 4.
    \10\ See Securities Exchange Act Release No. 55293 (February 14,
2007) (approval order for SR-NYSE-2006-120 (``NYSE LLC Approval
Order'')).
---------------------------------------------------------------------------

A. Accelerated Approval of Amendment No. 1

    The Commission also finds good cause for approving Amendment No. 1
prior to the thirtieth day after publishing notice of Amendment No. 1
in the Federal Register pursuant to Section 19(b)(2) of the Exchange
Act.\11\ In Amendment No. 1, the Exchange made technical revisions to
proposed Article VII, Section 2 of the proposed NYSE Group Certificate
of Incorporation relating to quorum requirements for each meeting of
stockholders.\12\ These changes are necessary to clarify the proposal.
The Commission finds good cause to accelerate approval of these changes
prior to the thirtieth day after publication in the Federal Register
because they clarify the Exchange's rules, which should facilitate the
Exchange's compliance with its rules, and the Commission's ability to
ensure compliance with such rules, and assist members and investors in
understanding the application and scope of the rules.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(2). Pursuant to Section 19(b)(2) of the
Exchange Act, the Commission may not approve any proposed rule
change, or amendment thereto, prior to the thirtieth day after the
date of publication of the notice thereof, unless the Commission
finds good cause for so doing.
    \12\ In the Notice, the Exchange mistakenly showed proposed
deletions to the current quorum requirements. The Exchange is not
proposing to change the quorum requirements that exist in the
current NYSE Group Certificate of Incorporation.
---------------------------------------------------------------------------

    In addition, the Exchange made certain clarifying, conforming,
technical, non-material, and non-substantive changes to the proposed
Amended and Restated Certificate of Incorporation of Arca Holdings
(``Arca Holdings Certificate of Incorporation''), the proposed NYSE
Group Certificate of Incorporation, the Independence Policy, and the
proposed Trust Agreement, which raise no new or novel issues. These
changes are non-substantive and technical in nature and are necessary
to reflect the changes from the current rules of the Exchange and
clarify the proposal. The Commission finds good cause exists to
accelerate approval of these changes prior to the thirtieth day

after publication in the Federal Register because they clarify the
Exchange's rules, which should facilitate the Exchange's compliance
with its rules, the Commission's ability to ensure compliance with such
rules, and assist members and investors in understanding the
application and scope of the rules.
    The Commission finds that the changes proposed in Amendment No. 1
are consistent with the Exchange Act and therefore finds good cause to
accelerate approval of Amendment No. 1, pursuant to Section 19(b)(2) of
the Exchange Act.\13\
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

B. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning Amendment No. 1, including whether Amendment No. 1
is consistent with the Exchange 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-2007-05 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2007-05. 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 available publicly. All submissions should refer to
Amendment No. 1 of File Number SR-NYSEArca-2007-05 and should be
submitted on or before March 15, 2007.

II. Discussion

    The Exchange has submitted the proposed rule change in connection
with the Combination of NYSE Group with Euronext. As a result of the
Combination, the businesses of NYSE Group (including the businesses of
the Exchange and NYSE LLC (a New York limited liability company,
registered national securities exchange and self-regulatory
organization)), and Euronext will be held under a single, publicly
traded holding company named NYSE Euronext, a Delaware corporation
(``NYSE Euronext''). Following the Combination, each of NYSE Group and
Euronext will be a separate subsidiary of NYSE Euronext, and their
respective businesses and assets will continue to be held as they are
currently held (subject to any post-closing corporate reorganization of
Euronext). The proposed rule change is necessary to effectuate the
consummation of the Combination and will not be operative until the
consummation of the Combination.

A. Corporate Structure

    After the Combination, Arca Holdings, a Delaware corporation, will
remain a wholly owned subsidiary of NYSE Group. NYSE Arca Holdings,
Inc., a Delaware corporation (``NYSE Arca Holdings''), and NYSE Arca
L.L.C., a Delaware limited liability company (``NYSE Arca LLC''), will
remain wholly owned subsidiaries of Arca Holdings. NYSE Arca will
remain a wholly owned subsidiary of NYSE Arca Holdings, and NYSE Arca
Equities, Inc. (``NYSE Arca Equities''), a Delaware corporation
formerly known as PCX Equities, Inc., will remain a wholly owned
subsidiary of NYSE Arca. NYSE Arca will continue to maintain its status
as a registered national securities exchange and self-regulatory
organization. Arca Holdings' businesses and assets will continue to be
held by it and its subsidiaries. NYSE LLC will remain a wholly owned
subsidiary of NYSE Group. NYSE Market, Inc. (``NYSE Market''), a
Delaware corporation, and NYSE Regulation, Inc. (``NYSE Regulation''),
a New York Type A not-for-profit corporation, will remain wholly owned
subsidiaries of NYSE LLC.\14\
---------------------------------------------------------------------------

    \14\ For a description of the Combination and related rule
changes regarding NYSE Euronext, NYSE Group, and the Trust, see the
NYSE LLC Approval Order, supra note 10. See also NYSE LLC Rule
Filing, supra note 8. The Combination involves certain modifications
to the organizational documents of NYSE Group and of NYSE Euronext,
which upon consummation of the Combination will be the new indirect
parent company of NYSE LLC and of the Exchange. Provisions of the
organizational documents of NYSE Group and NYSE Euronext and the
Trust Agreement constitute rules of NYSE LLC and of the Exchange.
The resolutions of the board of directors of NYSE Group are also
rules of NYSE LLC and of the Exchange requiring Commission approval.
Accordingly, NYSE LLC and the Exchange have each submitted proposed
rule changes to reflect the rule changes to be implemented in
connection with the Combination.
---------------------------------------------------------------------------

    The Exchange represents that the Combination will also have no
effect on the ability of any party to trade securities on NYSE Arca,
NYSE Arca Equities, or NYSE Market. Euronext and its subsidiaries will
continue to operate their business and operations in substantially the
same manner as they are conducted currently, with any changes subject
to the approval of the European Regulators to the extent required.
1. NYSE Euronext
    Following the Combination, NYSE Euronext will be a for-profit,
publicly traded stock corporation and will act as a holding company for
the businesses of NYSE Group and Euronext. NYSE Euronext will own all
of the equity interests in NYSE Group and its subsidiaries, including
the Exchange and NYSE Arca, and a majority (if not all) of the equity
interests in Euronext and its respective subsidiaries. Section 19(b) of
the Exchange Act and rule 19b-4 thereunder require a self-regulatory
organization (``SRO'') to file proposed rule changes with the
Commission. Although NYSE Euronext is not an SRO, certain provisions of
the NYSE Euronext Certificate of Incorporation and NYSE Euronext Bylaws
are rules of an exchange \15\ if they are stated policies, practice, or
interpretations, as defined in rule 19b-4 under the Exchange Act,

of the exchange, and must be filed with the Commission pursuant to
section 19(b)(4) of the Exchange Act and rule 19b-4 thereunder.
Accordingly, the Exchange has filed the NYSE Euronext Certificate of
Incorporation and NYSE Euronext Bylaws with the Commission.
---------------------------------------------------------------------------

    \15\ See section 3(a)(27) of the Exchange Act, 15 U.S.C.
78c(a)(27). If NYSE Euronext decides to change its Amended and
Restated Certificate of Incorporation or Amended and Restated
Bylaws, NYSE Euronext must submit such change to the board of
directors of NYSE LLC, NYSE Market, NYSE Regulation, NYSE Arca, and
NYSE Arca Equities, and if any or all of such board of directors
shall determine that such amendment or repeal must be filed with or
filed with and approved by the Commission pursuant to section 19 of
the Exchange Act and the rules thereunder, such change shall not be
effective until filed with or filed with and approved by the
Commission, as applicable. See proposed NYSE Euronext Certificate of
Incorporation, Article X and proposed NYSE Euronext Bylaws, Article
X, section 10.10(C).
---------------------------------------------------------------------------

a. Board of Directors
    It is currently contemplated that immediately after the
Combination, the NYSE Euronext board of directors will consist of
twenty-two directors.\16\ Each member of the NYSE Euronext board of
directors (other than the chief executive officer and deputy chief
executive officer of NYSE Euronext if they are members of the board of
directors) must satisfy the independence requirements set forth in the
Independence Policy, as amended from time to time. This Independence
Policy, however, is not referenced in the organizational documents of
the Exchange or NYSE Arca Equities,\17\ and is therefore not relevant
to the Commission's consideration of whether the boards of directors of
the Exchange or NYSE Arca Equities are consistent with the Exchange
Act.
---------------------------------------------------------------------------

    \16\ For a detailed description of the provisions regarding the
composition of, and the selection process for, the NYSE Euronext
board of directors, see NYSE LLC Approval Order, supra note 10.
    \17\ The organizational documents of the Exchange and NYSE Arca
Equities (unlike the organizational documents of NYSE LLC, NYSE
Market and NYSE Regulation) do not require that any of the members
of the board of directors of the Exchange and NYSE Arca Equities be
members of the board of directors of NYSE Euronext. See Bylaws of
NYSE Arca, Article III, Section 3.02, and Bylaws of NYSE Arca
Equities, Article III, Section 3.02.
---------------------------------------------------------------------------

b. Voting and Ownership Limitations; Changes in Control of the Exchange
    The NYSE Euronext Certificate of Incorporation includes
restrictions on the ability to vote and own shares of stock of NYSE
Euronext.\18\ Members that trade on an exchange traditionally have
ownership interests in such exchange. As the Commission has noted in
the past, however, a member's interest in an exchange could become so
large as to cast doubt on whether the exchange can fairly and
objectively exercise its self-regulatory responsibilities with respect
to that member.\19\ A member that is a controlling shareholder of an
exchange might be tempted to exercise that controlling influence by
directing the exchange to refrain from, or the exchange may hesitate
to, diligently monitor and surveil the member's conduct or diligently
enforce its rules and the federal securities laws with respect to
conduct by the member that violates such provisions.
---------------------------------------------------------------------------

    \18\ See NYSE LLC Approval Order, supra note 10, for a detailed
description of the provisions regarding restrictions on the ability
to vote and own shares of stock of NYSE Euronext.
    \19\ See Securities Exchange Act Release Nos. 53382 (February
27, 2006), 71 FR 11251 (March 6, 2006) (SR-NYSE-2005-77) (order
approving merger of New York Stock Exchange, Inc. and Archipelago,
and demutualization of New York Stock Exchange, Inc. (``NYSE Inc.-
Archipelago Merger Order'')); 53128 (January 13, 2006), 71 FR 3550
(January 23, 2006) (File No. 10-131); 51149 (February 8, 2005), 70
FR 7531 (February 14, 2005) (SR-CHX-2004-26); 49718 (May 17, 2004),
69 FR 29611 (May 24, 2004) (SR-PCX-2004-08); 49098 (January 16,
2004), 69 FR 3974 (January 27, 2004) (SR-Phlx-2003-73); and 49067
(January 13, 2004), 69 FR 2761 (January 20, 2004) (SR-BSE-2003-19).
---------------------------------------------------------------------------

    The Commission finds the ownership and voting restrictions in the
NYSE Euronext Certificate of Incorporation are consistent with the
Exchange Act. These requirements should minimize the potential that a
person could improperly interfere with or restrict the ability of the
Commission, the Exchange, or its subsidiaries to effectively carry out
their regulatory oversight responsibilities under the Exchange Act.
2. NYSE Group
    Following the Combination, NYSE Group will merge with a wholly
owned subsidiary of NYSE Euronext and the surviving corporation will be
a wholly owned subsidiary of NYSE Euronext. Section 19(b) of the
Exchange Act and Rule 19b-4 thereunder require an SRO to file proposed
rule changes with the Commission. Although NYSE Group is not an SRO,
certain provisions of its Amended and Restated Certificate of
Incorporation and Amended and Restated Bylaws are rules of an exchange
\20\ if they are stated policies, practices, or interpretations, as
defined in Rule 19b-4 of the Exchange Act, of the exchange, and must be
filed with the Commission pursuant to Section 19(b)(4) of the Exchange
Act and Rule 19b-4 thereunder. Accordingly, the Exchange has filed the
proposed NYSE Group Certificate of Incorporation and proposed NYSE
Group Bylaws with the Commission.
---------------------------------------------------------------------------

    \20\ See Section 3(a)(27) of the Exchange Act, 15 U.S.C.
78c(a)(27). If NYSE Group decides to change its Amended and Restated
Certificate of Incorporation or Amended and Restated Bylaws, NYSE
Group must submit such change to the board of directors of NYSE LLC,
NYSE Market, NYSE Regulation, NYSE Arca, and NYSE Arca Equities, and
if any or all of such board of directors shall determine that such
amendment or repeal is required by law or regulation to be filed
with or filed with and approved by the Commission pursuant to
Section 19 of the Exchange Act and the rules thereunder, such change
shall not be effective until filed with or filed with and approved
by the Commission, as applicable. See proposed NYSE Group
Certificate of Incorporation, Article XII and proposed Amended and
Restated Bylaws of NYSE Group (``NYSE Group Bylaws''), Article VII,
Section 7.9(b).
---------------------------------------------------------------------------

    The Exchange has proposed to change the voting and ownership
limitations of NYSE Group to include a statement that such limitations
will not be applicable so long as NYSE Euronext and the Trust
collectively own all of the capital stock of NYSE Group. Instead, while
NYSE Group is a wholly owned subsidiary of NYSE Euronext, or as
provided for in the Trust Agreement, there shall be no transfer of the
shares of NYSE Group held by NYSE Euronext without the approval of the
Commission.\21\ If NYSE Group ceases to be wholly owned by NYSE
Euronext or the Trust, the current voting and ownership limitations
will apply.\22\
---------------------------------------------------------------------------

    \21\ See proposed NYSE Group Certificate of Incorporation,
Article IV, Section 4(a).
    \22\ See proposed NYSE Group Certificate of Incorporation,
Article IV, Section 4(b).
---------------------------------------------------------------------------

    The Commission finds the changes to the ownership and voting
restrictions in the proposed NYSE Group Certificate of Incorporation
are consistent with the Exchange Act. These requirements should
minimize the potential that a person could improperly interfere with or
restrict the ability of the Commission or the ability of the Exchange,
NYSE Market, NYSE Regulation, NYSE Arca LLC, NYSE Arca, and NYSE Arca
Equities (together, the ``U.S. Regulated Subsidiaries'') to effectively
carry out their regulatory oversight responsibilities under the
Exchange Act.
    The Exchange requested that the Commission allow NYSE Euronext to
wholly own and vote all of the outstanding common stock of NYSE
Group.\23\ The Commission believes it is consistent with the Exchange
Act to allow NYSE Euronext to wholly own and vote all of the
outstanding common stock of NYSE Group.\24\ The Commission notes that
NYSE Euronext represents that neither NYSE Euronext nor any of its
related persons is subject to any statutory disqualification (as
defined in Section 3(a)(39) of the Exchange Act), or is an ETP Holder
of NYSE Arca Equities, OTP Holder or OTP Firm of NYSE Arca or member or
member organization of NYSE LLC. Moreover, NYSE Euronext has comparable
voting and ownership limitations to NYSE Group. NYSE Euronext has also
included in its corporate documents certain provisions designed to
maintain the independence of the U.S. Regulated Subsidiaries' self-

regulatory functions from NYSE Euronext and NYSE Group. Accordingly,
the Commission believes that the acquisition of ownership and exercise
of voting rights of NYSE Group common stock by NYSE Euronext will not
impair the ability of the Commission or any of the U.S. Regulated
Subsidiaries to discharge their respective responsibilities under the
Exchange Act.
---------------------------------------------------------------------------

    \23\ The Exchanged clarified in Amendment No. 1 that NYSE
Euronext alone be permitted to wholly own and vote such shares. See
Amendment No. 1 supra note 4.
    \24\ See NYSE LLC Approval Order, supra note 10, for a
description of the proposal that NYSE Euronext wholly own and vote
all of the outstanding stock of NYSE Group upon the consummation of
the Combination.
---------------------------------------------------------------------------

3. The Exchange and NYSE Arca Equities
    Following the Combination, NYSE Arca, which is registered as a
national securities exchange and is an SRO, will remain a wholly owned
subsidiary of NYSE Arca Holdings, and NYSE Arca Equities will remain a
wholly owned subsidiary of NYSE Arca. The Combination will have no
effect on the ability of any party to trade securities on NYSE Arca or
NYSE Arca Equities. Pursuant to a regulatory services agreement, NYSE
Regulation will continue to perform many of the regulatory functions of
NYSE Arca.
    There will be no change to the current manner of election or
appointment of the directors and officers of Arca Holdings, NYSE Arca
Holdings, NYSE Arca LLC, NYSE Arca, or NYSE Arca Equities as a result
of the Combination.
    Article Fourth of the proposed Arca Holdings Certificate of
Incorporation will be amended to provide for voting or ownership of the
shares of stock of Arca Holdings by the Trust pursuant to the terms and
conditions of the Trust Agreement by and among NYSE Euronext, Inc.,
NYSE Group, Inc. and the trustees and Delaware trustee thereto.\25\ The
Commission finds that these changes to the ownership and voting
restrictions in the proposed Arca Holdings Certificate of Incorporation
are consistent with the Exchange Act. These requirements should
minimize the potential that a person could improperly interfere with or
restrict the ability of the Commission or the U.S. Regulated
Subsidiaries to effectively carry out their regulatory oversight
responsibilities under the Exchange Act.
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    \25\ See proposed Arca Holdings Certificate of Incorporation,
Article Fourth (C)(1) and (D)(1).
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B. Relationship of NYSE Euronext, NYSE Group, and the U.S. Regulated
Subsidiaries; Jurisdiction Over NYSE Euronext

    Although NYSE Euronext itself will not carry out regulatory
functions, its activities with respect to the operation of any of the
U.S. Regulated Subsidiaries must be consistent with, and not interfere
with, the U.S. Regulated Subsidiaries' self-regulatory obligations. The
NYSE Euronext corporate documents include certain provisions that are
designed to maintain the independence of the U.S. Regulated
Subsidiaries' self-regulatory functions from NYSE Euronext and NYSE
Group, enable the U.S. Regulated Subsidiaries to operate in a manner
that complies with the federal securities laws, including the
objectives of Sections 6(b) and 19(g) of the Exchange Act,\26\ and
facilitate the ability of the U.S. Regulated Subsidiaries and the
Commission to fulfill their regulatory and oversight obligations under
the Exchange Act.\27\
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    \26\ 15 U.S.C. 78f(b) and 15 U.S.C. 78s(g).
    \27\ See NYSE LLC Approval Order, Section II.B., supra note 10,
for a detailed discussion of proposed provisions in the NYSE
Euronext Bylaws regarding NYSE Euronext compliance with U.S. federal
securities laws; NYSE Euronext books and records; jurisdiction of
the U.S. federal courts and the Commission; confidential information
pertaining to self-regulation; and responsibilities of NYSE Euronext
directors with respect to the ability of U.S. Regulated
Subsidiaries, NYSE Euronext, and NYSE Group to carry out their
responsibilities under the Exchange Act, including referring rule
violations and providing funding to NYSE Regulation.
---------------------------------------------------------------------------

    The Commission finds that the provisions proposed by the Exchange
are consistent with the Exchange Act, and that they will assist the
Exchange in fulfilling its self-regulatory obligations and in
administering and complying with the requirements of the Exchange Act.
With respect to the maintenance of books and records of NYSE Euronext,
the Commission notes that while NYSE Euronext has the discretion to
maintain books and records that relate to both the U.S. Regulated
Subsidiaries and the European Market Subsidiaries (each such book and
record, an ``Overlapping Record'') in either the United States or the
home jurisdiction of one or more of the European Market Subsidiaries,
NYSE Euronext has represented to the Commission that it will maintain
in the United States originals or copies of Overlapping Records covered
by Rule 17a-1(b) under the Exchange Act \28\ promptly after creation of
such Overlapping Records.\29\ The Commission believes that such actions
by NYSE Euronext with respect to its books and records are necessary to
ensure that the U.S. Regulated Subsidiaries comply with the
requirements of Section 17 of the Exchange Act \30\ and Rule 17a-1(b)
thereunder.
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    \28\ 17 CFR 240.17a-1(b).
    \29\ See NYSE LLC Rule Filing, supra note 8, at 822.
    \30\ 15 U.S.C. 78q.
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    Under Section 20(a) of the Exchange Act,\31\ any person with a
controlling interest in NYSE LLC or NYSE Arca shall be jointly and
severally liable with and to the same extent that NYSE LLC and NYSE
Arca are liable under any provision of the Exchange Act, unless the
controlling person acted in good faith and did not directly or
indirectly induce the act or acts constituting the violation or cause
of action. In addition, Section 20(e) of the Exchange Act \32\ creates
aiding and abetting liability for any person who knowingly provides
substantial assistance to another person in violation of any provision
of the Act or rules thereunder. Further, Section 21C of the Exchange
Act \33\ authorizes the Commission to enter a cease-and-desist order
against any person who has been ``a cause of'' a violation of any
provision of the Exchange Act through an act or omission that the
person knew or should have known would contribute to the violation.
These provisions are applicable to NYSE Euronext's and NYSE Group's
dealings with the U.S. Regulated Subsidiaries.
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    \31\ 15 U.S.C. 78t(a).
    \32\ 15 U.S.C. 78t(e).
    \33\ 15 U.S.C. 78u-3.
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C. Trust

    NYSE Euronext will operate several regulated entities located in
the United States and in various jurisdictions in Europe. In connection
with obtaining regulatory approval of the Combination, NYSE Euronext
proposed to implement two standby structures, one involving a Delaware
trust and one involving a Dutch foundation (``Dutch Foundation'').\34\
Pursuant to the terms of the Trust Agreement,\35\ the Trust will be
empowered to take actions to mitigate the effects of any material
adverse change in European law that has an ``extraterritorial'' impact
on the non-European issuers listed on NYSE Group securities exchanges,
non-European financial services firms that are members of any NYSE
Group securities exchange, or any NYSE Group securities exchange.
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    \34\ See NYSE LLC Approval Order, supra note 10, for a detailed
discussion of the Delaware Trust and Dutch Foundation.
    \35\ See proposed Trust Agreement, by and among NYSE Euronext,
NYSE Group, the Delaware trustee and the trustees, attached as
Exhibit H to Amendment No. 1.
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    Upon the occurrence of a material adverse change of law that
continues after the designated cure periods, the Trust may exercise
certain remedies that result in a total or partial loss by NYSE
Euronext of operating control over some of its securities exchanges.
The Trust may require that NYSE Euronext transfer control over a
substantial portion of its business and assets to the direction of the
Trust. As a result,

control of NYSE Group of any NYSE Group securities exchange may be
assumed by the Trust. As discussed above, Section 19(b) of the Exchange
Act and Rule 19b-4 thereunder require an SRO to file a proposed rule
change with the Commission. Although the Trust is not an SRO, certain
provisions of the Trust Agreement are rules of an exchange \36\ if they
are stated policies, practices, or interpretations, as defined in Rule
19b-4 under the Exchange Act,\37\ of the exchange, and must be filed
with the Commission pursuant to Section 19(b)(4) of the Exchange Act
\38\ and Rule 19b-4 thereunder. Accordingly, the Exchange has filed the
Trust Agreement with the Commission.
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    \36\ See Section 3(a)(27) of the Exchange Act, 15 U.S.C.
78c(a)(27).
    \37\ 17 CFR 240.19b-4.
    \38\ 15 U.S.C. 78s(b).
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    The Trust Agreement contains detailed provisions with respect to
governance of the Trust; remedies that may be exercised by trustees
upon the occurrence of a material adverse change in law; the
relationship of the Trust, NYSE Group, and the U.S. Regulated
Subsidiaries; and jurisdiction over the Trust.\39\ The Commission finds
that the Trust Agreement's provisions are designed to enable the U.S.
Regulated Subsidiaries to operate in a manner that complies with the
federal securities laws, including the objectives and requirements of
Sections 6(b) and 19(g) of the Exchange Act,\40\ and to facilitate the
ability of the U.S. Regulated Subsidiaries and the Commission to
fulfill their regulatory and oversight obligations under the Exchange
Act,\41\ and are consistent with the provisions other entities that
directly or indirectly own or control an SRO have instituted and that
have been approved by the Commission.\42\ The Commission finds that the
Trust's provisions are consistent with the Exchange Act, and that they
are intended to assist the Exchange in fulfilling its self-regulatory
obligations and in administering and complying with the requirements of
the Exchange Act.
---------------------------------------------------------------------------

    \39\ See NYSE LLC Approval Order, Sections II.C and II.D, supra
note 10, for a detailed description of the provisions contained in
the Trust Agreement.
    \40\ 15 U.S.C. 78f(b) and 15 U.S.C. 78s(g).
    \41\ See Trust Agreement, Articles V, VI, and VIII.
    \42\ See, e.g., NYSE Inc.-Archipelago Merger Order, supra note
19.
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    Under Section 20(a) of the Exchange Act,\43\ any person with a
controlling interest in NYSE LLC and NYSE Arca shall be jointly and
severally liable with and to the same extent that NYSE LLC and NYSE
Arca are liable under any provision of the Exchange Act, unless the
controlling person acted in good faith and did not directly or
indirectly induce the act or acts constituting the violation or cause
of action. In addition, Section 20(e) of the Exchange Act \44\ creates
aiding and abetting liability for any person who knowingly provides
substantial assistance to another person in violation of any provision
of the Exchange Act or rule thereunder. Further, Section 21C of the
Exchange Act \45\ authorizes the Commission to enter a cease-and-desist
order against any person who has been ``a cause of'' a violation of any
provision of the Exchange Act through an act or omission that the
person knew or should have known would contribute to the violation.
These provisions are applicable to the Trust and all other entities
controlling the U.S. Regulated Subsidiaries.
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    \43\ 15 U.S.C. 78t(a).
    \44\ 15 U.S.C. 78t(e).
    \45\ 15 U.S.C. 78u-3.
---------------------------------------------------------------------------

D. Automatic Suspension and Repeal of Certain Provisions in the NYSE
Euronext Organizational Documents

    Under the organizational documents of NYSE Euronext, immediately
following the exercise of a call option over a substantial portion of
Euronext's business (a ``Euronext call option''), whereby the priority
shares or ordinary shares of Euronext are transferred from NYSE
Euronext to the Dutch Foundation, and for so long as the Dutch
Foundation shall continue to hold any priority shares or ordinary
shares of Euronext, or the voting securities of one or more of the
subsidiaries of Euronext that, taken together, represent a substantial
portion of Euronext's business, then certain provisions of the NYSE
Euronext Bylaws shall be suspended.\46\
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    \46\ These include the requirement that European Persons are
represented in a certain proportion on the NYSE Euronext board of
directors and the nominating and governance committee of the NYSE
Euronext board of directors; the requirement of supermajority board
or shareholder approval for certain extraordinary transactions; the
provisions granting jurisdiction to European regulators over certain
actions of NYSE Euronext and the NYSE Euronext board of directors;
and references to European regulators, European market subsidiaries
and European disqualified persons appearing in the NYSE Euronext
Bylaws.
---------------------------------------------------------------------------

    In addition, if after a period of six months following the exercise
of a Euronext call option, the Dutch Foundation shall continue to hold
any ordinary or priority shares of Euronext or any ordinary or priority
shares or similar voting securities of one or more subsidiaries of
Euronext that, taken together, represent a substantial portion of
Euronext's business, or if at any time, NYSE Euronext no longer holds a
direct or indirect controlling interest in Euronext or in one or more
subsidiaries of Euronext that, taken together, represent a substantial
portion of Euronext's business, then certain provisions of the NYSE
Euronext Bylaws and the NYSE Euronext Certificate of Incorporation
shall be revoked.\47\ In addition, any officer or director of NYSE
Euronext who is a European Person shall resign or be removed from his
or her office.
---------------------------------------------------------------------------

    \47\ These include the provisions of the NYSE Euronext Bylaws
subject to suspension; the references in the NYSE Euronext
Certificate of Incorporation and NYSE Euronext Bylaws to European
regulators, European exchange regulations, European market
subsidiaries, European regulated markets, Europe and European
disqualified persons; the provisions in the NYSE Euronext
Certificate of Incorporation and NYSE Euronext Bylaws requiring that
amendments to such certificate of incorporation or bylaws be
submitted to the European market subsidiaries and, if applicable,
filed with and approved by a European regulator; and the provisions
in the NYSE Euronext Bylaws requiring approval of either two-thirds
or more of the NYSE Euronext directors or 80% of the votes entitled
to be cast by the holders of the then-outstanding shares of capital
stock of NYSE Euronext entitled to vote generally in the election of
directors to amend certain bylaw provisions.
---------------------------------------------------------------------------

    The Commission finds the suspension or repeal of the above
described provisions of the NYSE Euronext Bylaws and the NYSE Euronext
Certificate of Incorporation under circumstances in which the Dutch
Foundation controls a substantial portion of Euronext's business, is
consistent with the Exchange Act.

III. Conclusion

    For the foregoing reasons, the Commission finds that the proposed
rule change is consistent with the Exchange Act and the rules and
regulations thereunder applicable to a national securities exchange.
    It is therefore ordered, pursuant to Section 19(b)(2) of the
Exchange Act \48\ that the proposed rule change (SR-NYSEArca-2007-05),
as amended by Amendment No. 1, is approved on an accelerated basis.
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    \48\ 15 U.S.C. 78s(b)(2).

    By the Commission.
Nancy M. Morris,
Secretary.
[FR Doc. E7-2910 Filed 2-21-07; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 231 (Wednesday, December 2, 2015)]
[Proposed Rules]
[Pages 75449-75450]
[FR Doc No: 2015-30539]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2014-0008; FRL-9939-55]

Receipt of Several Pesticide Petitions Filed for Residues of
Pesticide Chemicals in or on Various Commodities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of filing of petitions and request for comment.

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SUMMARY: This document announces the Agency's receipt of several
initial filings of pesticide petitions requesting the establishment or
modification of regulations for residues of pesticide chemicals in or
on various commodities.

DATES: Comments must be received on or before January 4, 2016.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number and the pesticide petition number (PP) of interest as shown
in the body of this document, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Susan Lewis, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; main telephone
number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    If you have any questions regarding the applicability of this
action to a particular entity, consult the person listed under FOR
FURTHER INFORMATION CONTACT for the division listed at the end of the
pesticide petition summary of interest.

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When preparing and submitting
your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.
    3. Environmental justice. EPA seeks to achieve environmental
justice, the fair treatment and meaningful involvement of any group,
including minority and/or low-income populations, in the development,
implementation, and enforcement of environmental laws, regulations, and
policies. To help address potential environmental justice issues, the
Agency seeks information on any groups or segments of the population
who, as a result of their location, cultural practices, or other

factors, may have atypical or disproportionately high and adverse human
health impacts or environmental effects from exposure to the pesticides
discussed in this document, compared to the general population.

II. What action is the Agency taking?

    EPA is announcing its receipt of several pesticide petitions filed
under section 408 of the Federal Food, Drug, and Cosmetic Act (FFDCA),
21 U.S.C. 346a, requesting the establishment or modification of
regulations in 40 CFR part 180.377 and part 180.510 for residues of
pesticide chemicals in or on various food commodities. The Agency is
taking public comment on the requests before responding to the
petitioners. EPA is not proposing any particular action at this time.
EPA has determined that the pesticide petitions described in this
document contain the data or information prescribed in FFDCA section
408(d)(2), 21 U.S.C. 346a(d)(2); however, EPA has not fully evaluated
the sufficiency of the submitted data at this time or whether the data
support granting of the pesticide petitions. After considering the
public comments, EPA intends to evaluate whether and what action may be
warranted. Additional data may be needed before EPA can make a final
determination on these pesticide petitions.
    Pursuant to 40 CFR 180.7(f), a summary of each of the petitions
that are the subject of this document, prepared by the petitioner, is
included in a docket EPA has created for each rulemaking. The docket
for each of the petitions is available at http://www.regulations.gov.
    As specified in FFDCA section 408(d)(3), 21 U.S.C. 346a(d)(3), EPA
is publishing notice of the petition so that the public has an
opportunity to comment on this request for the establishment or
modification of regulations for residues of pesticides in or on food
commodities. Further information on the petition may be obtained
through the petition summary referenced in this unit.

New Tolerance

    PP 4E8306 (EPA-HQ-OPP-2014-0672). IR-4, IR-4 Project Headquarters,
Rutgers, The State University of New Jersey, 500 College Road East,
Suite 201 W., Princeton, NJ 08540 requests the following: (1) To
establish tolerances in 40 CFR 180.377 for the combined residues of the
insecticide, diflubenzuron (N-[[(4-chlorophenyl)amino]carbonyl]-2,6-
difluorobenzamide) and its metabolites 4-chlorophenlyurea and 4-
chloroaniline, in or on the raw agricultural commodities carrot, roots
at 0.2 ppm; peach subgroup 12-12B at 0.5 ppm; plum subgroup 12-12C at
0.5 ppm; plum, prune, dried at 0.5 ppm; nut, tree, group 14-12 at 0.2
ppm; pepper/eggplant subgroup 8-10 B at 1.0 ppm, and cottonseed
subgroup 20C at 0.2 ppm. Upon the approval of these tolerances, to
remove established tolerances in or on fruit, stone, group 12, except
cherry at 0.07 ppm; nut, tree, group 14 at 0.06 ppm; pistachio at 0.06
ppm; pepper at 1.0 ppm; and cotton, undelinted seed at 0.2 ppm. (2) to
establish a regional tolerance for the combined residues of
diflubenzuron and its metabolites 4-chlorophenlyurea and 4-
chloroaniline in or on the raw agricultural commodities alfalfa, forage
at 6 ppm; alfalfa, hay at 20 ppm; and alfalfa, seed at 0.9 ppm.
Adequate enforcement analytical methods for determining diflubenzuron
and its metabolites in/on appropriate raw agricultural commodities and
processed commodities are available for the established and proposed
tolerances. Contact: RD.

Amended Tolerances

    1. PP 4E8306 (EPA-HQ-OPP-2014-0672). IR-4, IR-4 Project
Headquarters, Rutgers, The State University of New Jersey, 500 College
Road East, Suite 201 W., Princeton, NJ 08540, requests that the
existing tolerances in 40 CFR 180.377 for the insecticide,
diflubenzuron, in or on the following raw agricultural commodities be
modified: Egg from 0.05 to 0.15 ppm; poultry, fat from 0.05 to 0.15
ppm; and poultry, meat byproducts from 0.05 to 0.06 ppm. Adequate
enforcement analytical methods for determining diflubenzuron and its
metabolites, 4-chlorophenlyurea and 4-chloroaniline in/on appropriate
raw agricultural commodities and processed commodities are available
for the established and proposed tolerances. Contact: RD.
    2. PP 4E8326 (EPA-HQ-OPP-2011-1012). Sumitomo Chemical Company
(through their Agent, Valent U.S.A. Corporation), 1600 Riviera Avenue,
Suite 200, Walnut Creek, CA 94596, requests to amend the tolerances in
40 CFR 180.510 by raising the tolerance for residues of pyriproxyfen in
or on the raw agricultural commodity tea from 0.02 ppm to 15 ppm.
Contact: RD.

    Authority: 21 U.S.C. 346a.

    Dated: November 25, 2015.
Susan Lewis,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2015-30539 Filed 12-1-15; 8:45 am]
BILLING CODE 6560-50-P