[Federal Register: December 14, 2005 (Volume 70, Number 239)]
[Notices]
[Page 74056-74059]
[DOCID:fr14de05-103]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 27183; 812-12935]

Rydex ETF Trust, et al.; Notice of Application

December 8, 2005.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice of an application for an order under section 12(d)(1)(J)
of the Investment Company Act of 1940 (the ``Act'') for an exemption
from sections 12(d)(1)(A) and (B) and under sections 6(c) and 17(b) of
the Act for an exemption from section 17(a) of the Act.

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Summary of the Application: The order would amend a prior order to
permit principal underwriters and brokers and dealers to sell shares of
certain registered open-end management investment companies, certain of
which operate as exchange-traded funds, to other registered open-end
management investment companies that are not part of the same group of
investment companies.\1\ The order would also amend a condition in
another prior order.\2\
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    \1\ PADCO Advisors, Inc., et al., Investment Company Act Rel.
Nos. 24678 (Oct. 5, 2000) (notice) and 24722 (Oct. 31, 2000) (order)
(``Original Order'').
    \2\ Rydex ETF Trust, et al., Investment Company Act Rel. Nos.
25948 (Feb. 27, 2003) (notice) and 25970 (Mar. 25, 2003) (order)
(``ETF Order'').

Applicants: Rydex ETF Trust, Rydex Series Funds, Rydex Dynamic Funds,
PADCO Advisors, Inc. (``PADCO'') and PADCO Advisors II, Inc. (``PADCO
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II'').

Filing Dates: The application was filed on February 28, 2003, and
amended on February 19, 2004, June 4, 2004 and September 29, 2005.
Applicants have agreed to file a final amendment during the notice
period, the substance of which is reflected here.

Hearing or Notification of Hearing: An order granting the application
will be issued unless the Commission orders a hearing. Interested
persons may request a hearing by writing to the Commission's Secretary
and serving applicants with a copy of the request, personally or by
mail. Hearing requests should be received by the Commission by 5:30
p.m. on January 3, 2006, and should be accompanied by proof of service
on applicants, in the form of an affidavit or, for lawyers, a
certificate of service. Hearing requests should state the nature of the
writer's interest, the reason for the request, and the issues
contested. Persons who wish to be notified of a hearing may request
notification by writing to the Commission's Secretary.

ADDRESSES: Secretary, U.S. Securities and Exchange Commission, 100 F
Street, NE., Washington, DC 20549-9303; Applicants, 9601 Blackwell
Road, Suite 500, Rockville, MD 20850.

FOR FURTHER INFORMATION CONTACT: Stacy L. Fuller, Branch Chief, and
Michael W. Mundt, Senior Special Counsel, at<PHONE_NUMBER> (Office of
Investment Company Regulation, Division of Investment Management).

SUPPLEMENTARY INFORMATION: The following is a summary of the
application. The complete application may be obtained for a fee at the
Commission's Public Reference Branch, 100 F Street, NE., Washington, DC
20549-0102 (tel.<PHONE_NUMBER>).

Applicants' Representations:

    1. Rydex Series Funds and Rydex Dynamic Funds (the ``Original
Trusts'')

and Rydex ETF Trust are open-end management investment companies
registered under the Act, each of which is comprised of separate series
(``Rydex Funds'' or ``Funds''). PADCO and PADCO II, which do business
as Rydex Investments, are Maryland corporations registered as
investment advisers under the Investment Advisers Act of 1940
(``Advisers Act''). All Rydex Funds are, and will be, advised by PADCO,
PADCO II or an entity that is controlling, controlled by or under
common control with PADCO and PADCO II and is registered as an
investment adviser under the Advisers Act, and are, and will be, in the
same group of investment companies, as defined in section
12(d)(1)(G)(ii) of the Act.
    2. The Commission issued the Original Order to the Original Trusts
and PADCO upon their application (``Original Application'') to permit
registered open-end management investment companies (``Funds of
Funds'') that are not part of the same group of investment companies as
the Original Trusts to acquire shares of the Rydex Funds beyond the
limits of section 12(d)(1)(A) of the Act, and to permit the Original
Trusts, and each existing and future registered open-end management
investment company that is part of the same group of investment
companies as the Original Trusts to sell shares beyond the limits in
section 12(d)(1)(B) of the Act. The Commission issued the ETF Order to
permit the series of Rydex ETF Trust (``Rydex ETF Funds'') to issue
shares of limited redeemability (``Rydex ETF Shares'' or ``Shares'')
that trade in the secondary market at negotiated prices.
    3. Applicants request an order amending both the Original Order and
the ETF Order. The requested order would amend the Original Order to
(a) permit any principal underwriter of a Rydex Fund and broker or
dealer (``Broker'') registered under the Securities Exchange Act of
1934 knowingly to sell shares of Rydex Funds, including Rydex ETF
Shares, beyond the limits set forth in section 12(d)(1)(B) to Funds of
Funds and (b) modify certain terms and conditions of the Original
Order. In addition, the requested order would amend a condition of the
ETF Order in order to render it consistent with the relief from section
12(d)(1) granted by the Original Order as modified by the requested
order.\3\
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    \3\ Applicants state that, except for Brokers and Funds of
Funds, all parties that currently intend to rely on the requested
order are named as applicants. Any other party that relies on the
requested order in the future, including principal underwriters,
Brokers and Funds of Funds, will comply with the terms and
conditions of the Original Application, as amended by this
application. Applicants acknowledge that Funds of Funds may rely on
the requested order only to invest in Rydex Funds and not in any
other registered investment company. Applicants state that Funds of
Funds do not include Rydex Funds.
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Applicants' Legal Analysis

A. Original Order

    1. Section 12(d)(1)(B) prohibits any registered open-end investment
company, principal underwriter or Broker from knowingly selling any
security issued by an open-end investment company (``acquired
company'') to another investment company (``acquiring company'') if the
sale would cause either the acquiring company to own more than 3% of
the acquired company's voting stock or investment companies generally
to own more than 10% of the acquired company's voting stock. Applicants
state that the Rydex Funds, including Rydex ETF Funds, are permitted
under the Original Order to sell their shares to Funds of Funds in
excess of the limits of section 12(d)(1)(B). However, applicants state
that because Rydex ETF Shares have begun to be listed and traded on a
national securities exchange, as defined in section 2(a)(26) of the
Act, or on The Nasdaq Stock Market since the Original Order, Brokers
are now virtually certain to be involved in sales of Rydex ETF Shares
to Funds of Funds, which may require the requested relief. Accordingly,
applicants seek to amend the Original Order to permit any principal
underwriter and Broker knowingly to sell shares of Rydex Funds to Funds
of Funds in excess of the limits prescribed by section 12(d)(1)(B).
    2. Applicants also seek to clarify the Original Order in certain
respects. First, applicants seek to clarify that a Fund of Funds that
intends to rely on the amended order will enter into a participation
agreement with the relevant Rydex Fund before exceeding any of the
investment limits of section 12(d)(1)(A). Second, applicants seek to
amend the Original Order to better address situations where a Fund of
Funds employs an investment adviser within the meaning of section
2(a)(20)(A) of the Act (``Fund of Funds Adviser'') and one or more
investment advisers within the meaning of section 2(a)(20)(B) of the
Act (``Subadvisers''). Applicants state that any investment adviser to
a Fund of Funds will be registered, or exempt from registration, under
the Advisers Act.
    3. Applicants state that their legal analysis is unchanged from
that provided in the Original Application. Specifically, applicants
state that they will continue to be, and that any principal underwriter
and Brokers will be, fully subject to all of the terms and conditions
of the Original Order, as amended by the requested order. Applicants
posit that the proposed amendments raise no additional regulatory or
investor protection concerns that are not addressed by the terms and
conditions of the requested order. Applicants, therefore, contend that
the previously requested relief, as it would be amended, will be (a)
appropriate in the public interest and consistent with the protection
of investors and the purposes fairly intended by the policy and
provisions of the Act, (b) consistent with the public interest and the
protection of investors, and (c) conducted on terms that are reasonable
and fair and do not involve overreaching on the part of any person
concerned, and consistent with the policy of each registered fund
involved and with the purposes of the Act.

B. ETF Order

    4. Existing condition 2 to the ETF Order provides that the
prospectus (``Prospectus'') and the product description (``Product
Description'') of each Rydex ETF Fund will disclose that Rydex ETF
Shares are issued by a Rydex Fund and that the acquisition of Rydex ETF
Shares is subject to the restrictions of section 12(d)(1). In light of
the relief requested to permit Funds of Funds to purchase, and the
principal underwriter, Brokers and Rydex ETF Funds to sell, Rydex ETF
Shares in excess of the limits of sections 12(d)(1)(A) and (B),
respectively, applicants seek to replace existing condition 2 with
condition 14, as stated below. Condition 14 generally provides that the
Funds of Funds will be alerted that they may invest in Rydex ETF Funds
in excess of the limits of section 12(d)(1) to the extent that they
comply with the terms and conditions of the Original Order, as amended
by the requested order, including the requirement that they enter into
a participation agreement with the Rydex ETF Fund regarding the terms
of the investment.

Applicants' Conditions

A. Original Order

    Applicants agree the conditions to the Original Order will be
superseded by, and the requested order will be subject to, the
following conditions:
    1. (a) The Fund of Funds Adviser, (b) any person controlling,
controlled by, or under common control with the Fund of Funds Adviser,
and (c) any investment

company or issuer that would be an investment company but for section
3(c)(1) or 3(c)(7) of the Act that is advised or sponsored by the Fund
of Funds Adviser, or any person controlling, controlled by, or under
common control with the Fund of Funds Adviser (collectively, the
``Adviser Group'') will not control (individually or in the aggregate)
a Rydex Fund within the meaning of section 2(a)(9) of the Act. (a) Any
Subadviser, (b) any person controlling, controlled by, or under common
control with the Subadviser, and (c) any investment company or issuer
that would be an investment company but for section 3(c)(1) or 3(c)(7)
of the Act (or portion of such investment company or issuer) advised or
sponsored by the Subadviser or any person controlling, controlled by,
or under common control with the Subadviser (collectively, the
``Subadviser Group'') will not control (individually or in the
aggregate) a Rydex Fund within the meaning of section 2(a)(9) of the
Act. If, as a result of a decrease in the outstanding voting securities
of a Rydex Fund, the Adviser Group or the Subadviser Group, each in the
aggregate, becomes a holder of more than 25 percent of the outstanding
voting securities of a Rydex Fund, it will vote its shares of the Rydex
Fund in the same proportion as the vote of all other holders of the
Rydex Fund's shares. This condition does not apply to the Subadviser
Group with respect to a Rydex Fund for which the Subadviser or a person
controlling, controlled by, or under common control with the Subadviser
acts as the investment adviser within the meaning of section
2(a)(20)(A) of the Act.
    2. No Fund of Funds or Fund of Funds Adviser, Subadviser, promoter,
principal underwriter, or any person controlling, controlled by, or
under common control with any of those entities (each, a ``Fund of
Funds Affiliate'') will cause any existing or potential investment by
the Fund of Funds in shares of a Rydex Fund to influence the terms of
any services or transactions between the Fund of Funds or a Fund of
Funds Affiliate and the Rydex Fund or its investment adviser(s),
promoter, principal underwriter, or any person controlling, controlled
by, or under common control with any of those entities (each, a ``Rydex
Fund Affiliate'').
    3. The board of directors of a Fund of Funds, including a majority
of the disinterested directors, will adopt procedures reasonably
designed to assure that the Fund of Funds Adviser and any Subadviser
are conducting the investment program of the Fund of Funds without
taking into account any consideration received by the Fund of Funds or
a Fund of Funds Affiliate from a Rydex Fund or a Rydex Fund Affiliate
in connection with any services or transactions.
    4. Once an investment by a Fund of Funds in the securities of a
Rydex Fund exceeds the limit in section 12(d)(1)(A)(i) of the Act, the
board of trustees of the Rydex Fund (``Board of Trustees''), including
a majority of the disinterested trustees, will determine that any
consideration paid by the Rydex Fund to the Fund of Funds or a Fund of
Funds Affiliate in connection with any services or transactions: (a) is
fair and reasonable in relation to the nature and quality of the
services and benefits received by the Rydex Fund; (b) is within the
range of consideration that the Rydex Fund would be required to pay to
another unaffiliated entity in connection with the same services or
transactions; and (c) does not involve overreaching on the part of any
person concerned. This condition does not apply with respect to any
services or transactions between a Rydex Fund and its investment
adviser(s), or any person controlling, controlled by, or under common
control with such investment adviser(s).
    5. No Fund of Funds or Fund of Funds Affiliate (except to the
extent it is acting in its capacity as an investment adviser to a Rydex
Fund) will cause a Rydex Fund to purchase a security in an offering of
securities during the existence of any underwriting or selling
syndicate of which a principal underwriter is an officer, director,
member of an advisory board, Fund of Funds Adviser, Subadviser or
employee of the Fund of Funds, or a person of which any such officer,
director, member of an advisory board, Fund of Funds Adviser,
Subadviser or employee is an affiliated person (each, an ``Underwriting
Affiliate,'' except that any person whose relationship to the Rydex
Fund is covered by section 10(f) of the Act is not an Underwriting
Affiliate). An offering of securities during the existence of an
underwriting or selling syndicate of which a principal underwriter is
an Underwriting Affiliate is an ``Affiliated Underwriting.''
    6. The Board of Trustees, including a majority of the disinterested
trustees, will adopt procedures reasonably designed to monitor any
purchases of securities by a Rydex Fund in an Affiliated Underwriting
once an investment by a Fund of Funds in the securities of the Rydex
Fund exceeds the limit of section 12(d)(1)(A)(i) of the Act, including
any purchases made directly from an Underwriting Affiliate. The Board
of Trustees will review these purchases periodically, but no less
frequently than annually, to determine whether the purchases were
influenced by the investment by the Fund of Funds in the Rydex Fund.
The Board of Trustees will consider, among other things, (i) whether
the purchases were consistent with the investment objectives and
policies of the Rydex Fund, (ii) how the performance of securities
purchased in an Affiliated Underwriting compares to the performance of
comparable securities purchased during a comparable period of time in
underwritings other than Affiliated Underwritings or to a benchmark
such as a comparable market index, and (iii) whether the amount of
securities purchased by the Rydex Fund in Affiliated Underwritings and
the amount purchased directly from an Underwriting Affiliate have
changed significantly from prior years. The Board of Trustees shall
take any appropriate actions based on its review, including, if
appropriate, the institution of procedures designed to assure that
purchases of securities in Affiliated Underwritings are in the best
interest of shareholders.
    7. Each Rydex Fund shall maintain and preserve permanently in an
easily accessible place a written copy of the procedures described in
the preceding condition, and any modifications, and shall maintain and
preserve for a period of not less than six years from the end of the
fiscal year in which any purchase in an Affiliated Underwriting
occurred, the first two years in an easily accessible place, a written
record of each purchase of securities in Affiliated Underwritings once
an investment by a Fund of Funds in the securities of the Rydex Fund
exceeds the limit of section 12(d)(1)(A)(i), setting forth from whom
the securities were acquired, the identity of the underwriting
syndicate's members, the terms of the purchase, and the information or
materials upon which the Board of Trustees' determinations were made.
    8. Prior to an investment in a Rydex Fund in excess of the limits
in section 12(d)(1)(A), each Fund of Funds and the Rydex Fund will
execute an agreement stating, without limitation, that their boards of
directors and their investment advisers understand the terms and
conditions of the order and agree to fulfill their responsibilities
under the order. At the time of its investment in a Rydex Fund in
excess of the limit in section 12(d)(1)(A)(i), a Fund of Funds will
notify the Rydex Fund of the investment. At such time, the Fund of
Funds will also transmit to the Rydex Fund a list of the names of each
Fund

of Funds Affiliate and Underwriting Affiliate. The Fund of Funds will
notify the Rydex Fund of any changes to the list of the names as soon
as reasonably practicable after a change occurs. The Rydex Fund and the
Fund of Funds will maintain and preserve a copy of the order, the
agreement, and the list with any updated information for the duration
of the investment and for a period of not less than six years
thereafter, the first two years in an easily accessible place.
    9. Prior to approving any advisory contract under section 15 of the
Act, the board of directors of each Fund of Funds, including a majority
of the disinterested directors, will find that the advisory fees
charged under such advisory contract are based on services provided
that will be in addition to, rather than duplicative of, the services
provided under the advisory contract(s) of any Rydex Fund in which the
Fund of Funds may invest. These findings and their basis will be
recorded fully in the minute books of the appropriate Fund of Funds.
    10. A Fund of Funds Adviser will waive fees otherwise payable to it
by the Fund of Funds in an amount at least equal to any compensation
(including fees received pursuant to any plan adopted by a Rydex Fund
under rule 12b-1 under the Act) received from a Rydex Fund by the Fund
of Funds Adviser, or an affiliated person of the Fund of Funds Adviser,
other than any advisory fees paid to the Fund of Funds Adviser or its
affiliated person by the Rydex Fund, in connection with the investment
by the Fund of Funds in the Rydex Fund. Any Subadviser will waive fees
otherwise payable to the Subadviser, directly or indirectly, by the
Fund of Funds in an amount at least equal to any compensation received
from a Rydex Fund by the Subadviser, or an affiliated person of the
Subadviser, other than any advisory fees paid to the Subadviser or its
affiliated person by the Rydex Fund, in connection with the investment
by the Fund of Funds in the Rydex Fund made at the direction of the
Subadviser. In the event that the Subadviser waives fees, the benefit
of the waiver will be passed through to the Fund of Funds.
    11. Any sales charges and/or service fees charged with respect to
shares of the Funds of Funds will not exceed the limits applicable to a
fund of funds as set forth in rule 2830 of the NASD Conduct Rules.
    12. No Rydex Fund will acquire securities of any investment company
or company relying on section 3(c)(1) or 3(c)(7) of the Act in excess
of the limits contained in section 12(d)(1)(A) of the Act, except to
the extent permitted by section 12(d)(1)(E) of the Act or an exemptive
order that allows the Rydex Fund to purchase shares of an affiliated
money market fund for short-term cash management purposes.
    13. The board of directors of any Fund of Funds and the Board of
Trustees of any Rydex Fund will satisfy the fund governance standards
as defined in rule 0-1(a)(7) under the Act by the later of (i) the
compliance date for the rule or (ii) the date on which the Fund of
Funds and the Rydex Fund execute a Participation Agreement.

B. ETF Order

    Applicants agree to replace condition 2 of the ETF Order with the
following condition:
    14. Each Fund's Prospectus and Product Description will clearly
disclose that, for purposes of the Act, Shares are issued by a Fund and
the acquisition of Shares by investment companies is subject to the
restrictions of section 12(d)(1) of the Act, except as permitted by an
exemptive order that permits registered investment companies to invest
in a Fund beyond the limits of section 12(d)(1), subject to certain
terms and conditions, including that the registered investment company
enter into an agreement with the Fund regarding the terms of the
investment.

    For the Commission, by the Division of Investment Management,
pursuant to delegated authority.
J. Lynn Taylor,
Assistant Secretary.
 [FR Doc. E5-7339 Filed 12-13-05; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 79, Number 146 (Wednesday, July 30, 2014)]
[Notices]
[Pages 44204-44205]
[FR Doc No: 2014-17967]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2013-0016]

Communication Certification Laboratory, Inc.: Grant of Renewal of
Recognition

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

ACTION: Notice.

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SUMMARY: This notice announces the Occupational Safety and Health
Administration's final decision granting renewal of recognition of
Communication Certification Laboratory, Inc., as a Nationally
Recognized Testing Laboratory (NRTL).

DATES: The renewal of recognition becomes effective on July 30, 2014.

FOR FURTHER INFORMATION CONTACT: Information regarding this notice is
available from the following sources:
    Press inquiries: Contact Mr. Frank Meilinger, Director, OSHA Office
of Communications, U.S. Department of Labor, 200 Constitution Avenue
NW., Room N-3647, Washington, DC 20210; telephone:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>    General and technical information: Contact Mr. David Johnson,
Director, Office of Technical Programs and Coordination Activities,
Directorate of Technical Support and Emergency Management, Occupational
Safety and Health Administration, U.S. Department of Labor, 200
Constitution Avenue NW., Room N-3655, Washington, DC 20210; telephone:
(202) 693-2110; email<EMAIL_ADDRESS>OSHA's Web page
includes information about the NRTL Program (see http://www.osha.gov/dts/otpca/nrtl/index.html).

SUPPLEMENTARY INFORMATION:

I. Background

    OSHA recognition of an NRTL signifies that the organization meets
the requirements specified by 29 CFR 1910.7. Recognition is an
acknowledgment that the organization can perform independent safety
testing and certification of the specific products covered within its
scope of recognition, and is not a delegation or grant of government
authority. As a result of recognition, employers may use products
properly approved by the NRTL to meet OSHA standards that require
testing and certification. OSHA maintains an informational Web site for
each NRTL at http://www.osha.gov/dts/otpca/nrtl/index.html that details
its scope of recognition.
    OSHA processes applications submitted by an NRTL for renewal of
recognition following requirements in Appendix A to 29 CFR 1910.7. OSHA
conducts renewals in accordance with the procedures in 29 CFR 1910.7,
App. A II.C. In accordance with these procedures, NRTLs submit a
renewal request to OSHA between nine months and one year before the
expiration date of its current recognition. A renewal request includes
a request for renewal and any additional information demonstrating its
continued compliance with the terms of its recognition and 29 CFR
1910.7. If OSHA has not conducted an on-site assessment of the NRTL
headquarters and any key sites within the past 18 to 24 months, it will
schedule the necessary on-site assessment prior to the expiration date
of the NRTL's recognition. Upon review of the submitted material and,
as necessary, the successful completion of the on-site assessment, OSHA
announces its preliminary decision to grant or deny renewal in the
Federal Register and solicits comments from the public. OSHA then
publishes a final Federal Register notice responding to any comments
and renewing the NRTL's recognition for a period of five years, or
denying the renewal of recognition.
    Communication Certification Laboratory, Inc. (CCL), initially
received OSHA recognition as an NRTL on June 21, 1991 (56 FR 28579).
The most recent renewal for CCL was on June 10, 2005, for a five-year
period expiring on June 10, 2010. CCL submitted a timely request for
renewal, dated August 28, 2009 (see Ex. OSHA-2013-0016-0002), and
retained its recognition pending OSHA's final decision in this renewal
process. The current addresses of the CCL facility recognized by OSHA
and included as part of the renewal request is CCL, 1940 West Alexander
Street, Salt Lake City, Utah 84119.
    OSHA evaluated CCL's application for renewal and made a preliminary
determination that CCL can continue to meet the requirements prescribed
by 29 CFR 1910.7 for recognition. OSHA conducted an audit of CCL's
facilities on June 17-18, 2013, and found non-conformances with the
requirements of 29 CFR 1910.7. CCL addressed these issues sufficiently
to meet the applicable NRTL requirements. Accordingly, OSHA determined
that it did not need to conduct an on-site review of CCL's facilities
for this request for renewal based on its evaluation of CCL's
application and all other available information.
    OSHA published the preliminary notice announcing CCL's renewal
request in the Federal Register on February 24, 2014 (79 FR 10195). The
Agency requested comments by March 11, 2014, but received no comments
in response to this notice. OSHA now is proceeding with this final
notice to grant CCL's request for renewal of recognition.
    To obtain or review copies of all public documents pertaining to
CCL's application, go to www.regulations.gov or contact the Docket
Office, Occupational Safety and Health Administration, U.S. Department
of Labor, 200 Constitution Avenue NW., Room N-2625, Washington, DC
20210. Docket No. OSHA-2013-0016 contains all materials in the record
concerning CCL's recognition.

II. Final Decision and Order

    Pursuant to the authority granted under 29 CFR 1910.7, OSHA hereby
gives notice of the renewal of recognition of CCL as an NRTL. OSHA NRTL
Program staff reviewed the renewal request for CCL and other pertinent
information. Based on this review of the renewal request for CCL and
other pertinent information, OSHA finds that CCL meets the requirements
of 29 CFR 1910.7 for renewal of its recognition, subject to the
specified limitation and conditions. OSHA limits the renewal of CCL's
recognition to include the terms and conditions of CCL's scope of
recognition. The scope of recognition for CCL is available in the
Federal Register notice dated June 21, 1991 (56 FR 28579), or on OSHA's
Web site at http://www.osha.gov/dts/otpca/nrtl/ccl.html. This renewal
extends CCL's recognition for a period of five years from July 30,
2014.

Conditions

    In addition to those conditions already required by 29 CFR 1910.7,
CCL also must abide by the following conditions of recognition:
    1. CCL must inform OSHA as soon as possible, in writing, of any
change of ownership, facilities, or key personnel, and of any major
change in its operations as an NRTL, and provide details of the
change(s);
    2. CCL must meet all the terms of its recognition and comply with
all OSHA policies pertaining to this recognition; and
    3. CCL must continue to meet the requirements for recognition,
including all previously published conditions on CCL's scope of
recognition, in all areas for which it has recognition.

III. Authority and Signature

    David Michaels, Ph.D., MPH, Assistant Secretary of Labor for
Occupational Safety and Health, 200

Constitution Avenue NW., Washington, DC 20210, authorized the
preparation of this notice. Accordingly, the Agency is issuing this
notice pursuant to 29 U.S.C. 657(g)(2), Secretary of Labor's Order No.
1-2012 (77 FR 3912, Jan. 25, 2012), and 29 CFR 1910.7.

    Signed at Washington, DC, on July 25, 2014.
David Michaels,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2014-17967 Filed 7-29-14; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register Volume 79, Number 77 (Tuesday, April 22, 2014)]
[Proposed Rules]
[Pages 22462-22464]
[FR Doc No: 2014-09050]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2014-0211]
RIN 1625-AA00

Safety Zones, Charleston Sharkfest Swim; Charleston, SC

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary moving
safety zone on the waters of Charleston Harbor, in Charleston, South
Carolina during the Charleston Sharkfest Swim on Sunday, August 31,
2014 from 8:30 a.m. to 9:30 a.m. The Charleston Sharkfest Swim is a
1850 meter swimming race. The safety zone is necessary for the safety
of the swimmers, participant vessels, spectators, and the general
public during the swim. Persons and vessels will be prohibited from
entering, transiting through, anchoring in, or remaining within the
safety zone unless authorized by the Captain of the Port Charleston or
a designated representative.

DATES: Comments and related material must be received by the Coast
Guard on or before May 22, 2014. Requests for public meetings must be
received by the Coast Guard on or before April 25, 2014.

ADDRESSES: You may submit comments identified by docket number using
any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
Federal holidays. The telephone number is<PHONE_NUMBER>. See the
``Public Participation and Request for Comments'' portion of the
SUPPLEMENTARY INFORMATION section below for further instructions on
submitting comments. To avoid duplication, please use only one of these
three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Chief Warrant Officer Christopher Ruleman, Sector
Charleston Office of Waterways Management, Coast Guard; telephone (843)
740-3184, email<EMAIL_ADDRESS>If you have questions
on viewing or submitting material to the docket, call Cheryl Collins,
Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation. You may submit your comments and material online at
http://www.regulations.gov, or by fax, mail, or hand delivery, but
please use only one of these means. If you submit a comment online, it
will be considered received by the Coast Guard when you successfully
transmit the comment. If you fax, hand deliver, or mail your comment,
it will be considered as having been received by the Coast Guard when
it is received at the Docket Management Facility. We recommend that you
include your name and a mailing address, an email address, or a
telephone number in the body of your document so that we can contact
you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
type the docket number USCG-2014-0211 in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
type the docket number USCG-2014-0211 in the ``SEARCH'' box and click
``SEARCH.'' Click on Open Docket Folder on the line associated with
this rulemaking. You may also visit the Docket Management Facility in
Room W12-140 on the ground floor of the Department of Transportation
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.

3. Privacy Act

    Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one, using one of the methods specified under ADDRESSES.
Please explain why you believe a public meeting would be beneficial. If
we determine that one would aid this rulemaking, we will hold one at a
time and place announced by a later notice in the Federal Register.

B. Basis and Purpose

    The legal basis for the proposed rule is the Coast Guard's
authority to establish regulated navigation areas and other limited
access areas: 33 U.S.C. 1231; 33 U.S.C. 1225; 33 CFR 1.05-1, 6.04-1,
160.5; Department of Homeland Security Delegation No. 0170.1.
    The purpose of the proposed rule is to ensure the safety of the
swimmers, participant vessels, spectators, and the general public
during the Charleston Sharkfest Swim.

C. Discussion of Proposed Rule

    On Sunday, August 31, 2014, the Charleston Sharkfest Swim is
scheduled to take place in Charleston Harbor, in Charleston, South
Carolina. The Charleston Sharkfest Swim will consist of an 1850 meter
swim that starts 500 yards west of Castle Pinckney in Charleston
Harbor, swimming north and ending at Charleston Maritime Center,
Charleston, SC.
    The proposed rule would establish temporary moving safety zones of
50 yards in front of the lead safety vessel preceding the first race
participant, 50 yards behind the safety vessel trailing the last race
participants, and at all times extend 100 yards on either side of
safety vessels. The temporary safety zones would be enforced from 8
a.m. until 10 a.m. on August 31, 2014.
    Persons and vessels would be prohibited from entering or transiting
through the safety zones unless authorized by the Captain of the Port
Charleston or a designated representative. Persons and vessels would be
able to request authorization to enter or transit through the safety
zones by contacting the Captain of the Port Charleston by telephone at
(843) 740-7050, or a designated representative via VHF radio on channel
16.

D. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes or executive orders.

1. Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
as supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
    The economic impact of this proposed rule is not significant for
the following reasons: (1) The safety zones would only be enforced for
a total of two hours; (2) the safety zones would move with the
participant vessels so that once the swimmers clear a portion of the
waterway, the safety zones would no longer be enforced in that portion
of the waterway; (3) although persons and vessels would not be able to
enter or transit through the safety zones without authorization from
the Captain of the Port Charleston or a designated representative, they
would be able to operate in the surrounding area during the enforcement
period; (4) persons and vessels would still be able to enter or transit
through the safety zones if authorized by the Captain of the Port
Charleston or a designated representative; and (5) the Coast Guard
would provide advance notification of the safety zones to the local
maritime community by Local Notice to Mariners and Broadcast Notice to
Mariners.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule will not have a significant economic impact on a
substantial number of small entities.
    This proposed rule may affect the following entities, some of which
may be small entities: The owners or operators of vessels intending to
enter, transit through, anchor in, or remain within that portion of the
Charleston Harbor, in Charleston, South Carolina encompassed within the
safety zones from 8 a.m. until 10 a.m. on August 31, 2014. For the
reasons discussed in the Regulatory Planning and Review section above,
this proposed rule would not have a significant economic impact on a
substantial number of small entities. If you think that your business,
organization, or governmental jurisdiction qualifies as a small entity
and that this rule would have a significant economic impact on it,
please submit a comment (see ADDRESSES) explaining why you think it
qualifies and how and to what degree this rule would economically
affect it.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.

4. Collection of Information

    This proposed rule will not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520.).

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has 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. We have analyzed this proposed rule under that Order and
determined that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this
proposed rule elsewhere in this preamble.

8. Taking of Private Property

    This proposed rule would not cause a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.

9. Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.

10. Protection of Children From Environmental Health Risks

    We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.

11. Indian Tribal Governments

    This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.

12. Energy Effects

    This proposed rule is not a ``significant energy action'' under
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use.

13. Technical Standards

    This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is one of a
category of actions that do not individually or cumulatively have a
significant effect on the human environment. A preliminary
environmental analysis checklist supporting this determination is
available in the docket where indicated under ADDRESSES. This proposed
rule involves establishing temporary moving safety zones as described
in figure 2-1, paragraph (34)(g), of the Commandant Instruction. We
seek any comments or information that may lead to the discovery of a
significant environmental impact from this proposed rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 33 U.S.C. 1225; 33 CFR 1.05-1, 6.04-
1, 160.5; Department of Homeland Security Delegation No. 0170.1.

0
2. Add a temporary Sec.  165.T07-0211 to read as follows:

Sec.  165.T07-0211  Safety Zones; Charleston Sharkfest Swim,
Charleston, SC.

    (a) Regulated Areas. The following regulated area is a moving
safety zone: All waters 50 yards in front of the lead safety vessel
preceding the first race participants, 50 yards behind the safety
vessel trailing the last race participants, and at all times extend 100
yards on either side of safety vessels. The Charleston Sharkfest Swim
will consist of an 1850 meter swim that starts 500 yards west of Castle
Pinckney in Charleston Harbor, swimming north and ending at Charleston
Maritime Center, Charleston, SC.
    (b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the
Captain of the Port Charleston in the enforcement of the regulated
areas.
    (c) Regulations. (1) All persons and vessels are prohibited from
entering or transiting through the regulated areas unless authorized by
the Captain of the Port Charleston or a designated representative.
    (2) Persons and vessels desiring to enter or transit through the
regulated areas may contact the Captain of the Port Charleston by
telephone at<PHONE_NUMBER>, or a designated representative via VHF
radio on channel 16, to request authorization. If authorization to
enter or transit through the regulated areas is granted by the Captain
of the Port Charleston or a designated representative, all persons and
vessels receiving such authorization must comply with the instructions
of the Captain of the Port Charleston or a designated representative.
    (3) The Coast Guard will provide notice of the regulated areas by
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene
designated representatives.
    (d) Effective Date. This rule is effective on August 31, 2014 and
will enforced from 8 a.m. until 10 a.m.

    Dated: April 7, 2014.
R.R. Rodriguez,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2014-09050 Filed 4-21-14; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 84, Number 109 (Thursday, June 6, 2019)]
[Notices]
[Pages 26413-26414]
[FR Doc No: 2019-11814]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2016-0715; FRL-9994-58-OW]

Recommended Human Health Recreational Ambient Water Quality
Criteria or Swimming Advisories for Microcystins and Cylindrospermopsin

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability.

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

SUMMARY: The Environmental Protection Agency (EPA) announces the
release of final Recommended Human Health Recreational Ambient Water
Quality Criteria or Swimming Advisories for Microcystins and
Cylindrospermopsin. These are the recommended concentrations of the
cyanotoxins microcystins and cylindrospermopsin in recreational waters
protective of human health while swimming or participating in primary
contact recreational activities on the water. The recommended values
found in this document supplement the 2012 Recreational Water Quality
Criteria to provide further public health protection for potentially
hazardous conditions found in ambient recreational waters.
    This document was released for 90-day public comment in the Federal
Register on December 16, 2016. The EPA has considered the comments,
revised the draft document, as appropriate, and published this final
document to provide recommendations for states and authorized tribes
interested in establishing water quality standards (WQS) under the
Clean Water Act (CWA). Alternatively, these same values can be used as
the basis for swimming advisories in recreational waters to protect the
public. States and authorized tribes may also wish to consider using
these values as both WQS and swimming advisory values.

FOR FURTHER INFORMATION CONTACT: John Ravenscroft, Health and
Ecological Criteria Division, Office of Water (Mail Code 4304T),
Environmental Protection Agency, 1200 Pennsylvania Avenue NW,
Washington, DC 20460; telephone number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. How can I get copies of this document and other related information?

    1. Docket. The EPA has established a docket for this action under
Docket ID No. EPA-HQ-OW-2016-0715. Publicly available docket materials
are available either electronically through www.regulations.gov or in
hard copy at the Water Docket in the EPA Docket Center, (EPA/DC) EPA
West, Room 3334, 1301 Constitution Ave. NW, Washington, DC. The EPA
Docket Center Public Reading Room is open Monday through Friday from
8:30 a.m. to 4:30 p.m., excluding legal holidays. The telephone number
for the Public Reading Room is<PHONE_NUMBER>, and the telephone number
for the Water Docket is<PHONE_NUMBER>.
    2. Electronic Access. You may access this Federal Register document
electronically from the Government Printing Office under the Federal
Register listings FDSys (http://www.gpo.gov/fdsys/browse/collection.action?collectionCode=FR).

II. What are microcystins and cylindrospermopsin and why is the EPA
concerned about them?

    Microcystins and cylindrospermopsin are toxins that can be produced
by a variety of cyanobacteria species. Cyanobacteria, also commonly
referred to as blue-green algae, are photosynthetic bacteria that live
in many diverse habitats. Under some conditions, cyanobacteria can
proliferate to high densities in surface waters, creating a bloom, and
produce toxins that are harmful to humans, the environment, and
animals. Excessive growth of cyanobacteria in surface waters can lead
to situations in which elevated levels of cyanotoxins are more likely,
however, exposure to cyanotoxins can occur even when there are no
visible signs of a bloom.
    Studies indicate that, at certain concentrations, short-term and
long-term adverse effects from oral exposure of microcystins and
cylindrospermopsin include liver and kidney damage. Additionally,
studies demonstrate that recreational exposures to these cyanotoxins
can lead to headaches, sore throats, vomiting and nausea, stomach pain,
dry cough, diarrhea, blistering around the mouth, and pneumonia.

III. Information on the Recommended Recreational Ambient Water Quality
Criteria or Swimming Advisories (AWQC/SA) for the Cyanotoxins
Microcystins and Cylindrospermopsin

    The EPA's recommended AWQC/SA identify the following concentrations
of microcystins and cylindrospermopsin that would be protective of
human health given a primary contact recreational exposure scenario: 8
[micro]g/L for microcystins and 15 [micro]g/L for cylindrospermopsin.
For both cyanotoxins, the recommended duration and frequency depend on
their application as a water quality criterion or a swimming advisory.
    These values are based on the exposure of recreating children, due
to their higher exposures compared to other age groups. Given that
cyanobacterial blooms typically are seasonal events, recreational
exposures are likely to be episodic, and may be short-term in nature.
If adopted as a WQS, for impairment assessment and listing purposes,
the EPA recommends states and authorized tribes use 10-day assessment
periods, not a rolling 10-day period, over the course of a recreation
season to evaluate ambient water body condition and recreational use
attainment. The 10-day period links the water body assessment period to
the adverse health effects observed from ingestion of the toxins over
short-term exposures. If toxin concentrations are higher than the
criterion magnitude during a 10-day assessment period, then the EPA
recommends that states and authorized tribes consider that event an
excursion from the recreational criteria. The EPA recommends that when
more than three excursions occur within a recreational season and that
pattern reoccurs in more than one year, it is an indication the water
quality has been or is becoming degraded and a water body may not be
supporting the recreational use. The EPA recommends that states and
authorized tribes indicate the number of years the pattern of
degradation can occur and not impair the recreational use. If adopted
as a swimming advisory to protect swimmers at a beach, the EPA
recommends these values not be exceeded on any single day.
    These recommended AWQC/SA supplement the EPA's 2012 Recreational
Water Quality Criteria to provide further public health protection when
elevated levels of these cyanotoxins are found in ambient recreational
waters. The recommended AWQC/SA are based on the same peer-reviewed
science used to develop the EPA's 10-Day Drinking Water Health
Advisories for these same cyanotoxins, published in 2015. The criteria
document includes information on the latest scientific knowledge
related to human health effects from exposure to cyanobacteria and
cyanotoxins, discussion of other domestic and international
governmental and Agency guidelines for recreational waters, and
information on incidents involving exposure of domestic pets and other
animals to cyanotoxins.
    States and authorized tribes can consider using the recommended
cyanotoxin values as swimming advisories in making decisions whether to
close, open, or warn about concerns in recreational waters in a manner
consistent or similar to their current recreational water advisory
programs. The recommended cyanotoxin values in these CWA section 304(a)
recommended criteria, even if used as swimming advisories, are not
regulations, and thus do not constitute legally binding requirements.

IV. What are clean water act section 304(a) water quality criteria?

    CWA section 304(a) water quality criteria are recommendations
developed by the EPA under authority of the CWA that reflect the latest
scientific knowledge on the type and extent of all identifiable effects
on health and welfare of aquatic species and human health. CWA section
304(a) recommended criteria do not reflect consideration of economic
impacts or the technological feasibility of meeting pollutant
concentrations in ambient water.
    CWA section 304(a) recommended criteria provide guidance to states
and authorized tribes in developing and adopting WQS that protect
specific designated uses; in this case recreation. The EPA's water
quality criteria recommendations are not regulations. Thus, the EPA's
recommended criteria do not constitute legally binding requirements.
States and authorized tribes may adopt other scientifically defensible
water quality criteria that differ from these recommendations. When
adopting new or revised WQS, the states and authorized tribes must
adopt criteria that are scientifically defensible and protective of the
designated uses of the bodies of water. States and authorized tribes
have the flexibility to do this by adopting criteria based on (1) the
EPA's recommended criteria, (2) the EPA's criteria modified to reflect
local conditions, or (3) other scientifically defensible methods.
Cyanotoxins are not part of the 40 CFR part 423, Appendix A list of 126
priority pollutants, therefore states and authorized tribes are not
required to adopt criteria for these cyanotoxins.

V. What is the relationship between the water quality criterion and
your state or authorized tribal water quality standards?

    As part of the WQS triennial review process defined in CWA section
303(c)(1), the states and authorized tribes are responsible for
maintaining and revising WQS. WQS consist of designated uses, water
quality criteria to protect those uses, a policy for antidegradation,
and may include general policies for application and implementation.
CWA section 303(c)(1) requires states and authorized tribes to review
and modify, as appropriate, their WQS at least once every three years.
    States and authorized tribes must adopt water quality criteria that
protect designated uses. Consistent with the Agency's regulations at 40
CFR 131.11(a), protective criteria must be based on a sound scientific
rationale and contain sufficient parameters or constituents to protect
the designated uses. Criteria may be expressed in either narrative or
numeric form.
    The EPA's regulation at 40 CFR 131.20(a) provides that if a state
or authorized tribe does not adopt new or revised criteria parameters
for which the Agency has published new or updated recommendations, then
the state or authorized tribe shall provide an explanation when it
submits the results of its triennial review to the Regional
Administrator consistent with CWA section 303(c)(1).

VI. What Changed Between the Draft and Final Criteria

    Changes in the final criteria document, compared to the December
2016 draft posted for public comment, include revised (higher) values
for both microcystins and cylindrospermopsin and modified recommended
duration and frequency components. In response to public comments, the
Agency did not apply a relative source contribution term in deriving
the final recommended criteria. Additionally, the incidental ingestion
information for children was updated to reflect a study published in
2017. The updated ingestion rate was the primary factor for the change
in the recommended values.

    Dated: May 22, 2019.
David P. Ross,
Assistant Administrator, Office of Water.
[FR Doc. 2019-11814 Filed 6-5-19; 8:45 am]
 BILLING CODE 6560-50-P


			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on September 17, 2003

NOTICE OF ACTION TAKEN -- DOCKET OST 1998-3770

________________________________________________________________________
________________________________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Applicant:  AEROPOSTAL ALAS de VENEZUELA, C.A.
                  Date Filed:  August 25, 2003

Relief requested:  Exemption from 49 U.S.C. 41301 to permit the
applicant to continue to conduct, by wet lease of equipment from other
carriers (see below), scheduled foreign air transportation of persons,
property, and mail between:  1) The Venezuelan coterminal points Caracas
and Porlamar, and San Juan, Puerto Rico; 2) Caracas, Venezuela, and the
U.S. coterminal points Orlando, Florida, and Atlanta, Georgia, via the
intermediate point Aruba; and 3) a point or points in Venezuela and
Miami, Florida; and 4) a point or points in Venezuela (except Maracaibo)
and New York, NY/Newark, NJ; and 5) charters to/from the United States
pursuant to 14 CFR Part 212.

If renewal, date and citation of last action:  September 18, 2002, in
this Docket.

Applicant representative:  Pierre Murphy,<PHONE_NUMBER>         DOT
analyst:  Allen F. Brown,<PHONE_NUMBER>

Responsive pleadings:  None.

	DISPOSITION

Action:  Approved.
                                             Action date:  September 17,
2003

Effective dates of authority granted:  September 17, 2003, through
September 18, 2004.

Basis for approval:  The authority to conduct the scheduled services is
encompassed by the United States-Venezuela Air Transport Agreement.

Conditions:  Except to the extent exempted or waived, this authority is
subject to the terms, conditions, and limitations of our standard
Foreign Carrier Exemption Conditions.  In the conduct of the services
authorized, Aeropostal may only use aircraft wet leased from a duly
authorized and properly supervised U.S. or foreign air carrier that
receives requisite authority under the provisions of 14 CFR Part 212.
(Venezuela is a Category 2 country under the FAA’s International
Aviation Assessment Program.)  Further, all of the authorized charter
operations are subject to prior approval under 14 CFR Part 212.
Aeropostal shall not perform any Third or Fourth Freedom charters unless
specific authority in the form of a Statement of Authorization for such
charter(s) has been granted by the Department.  Aeropostal shall filed
applications for such Statements of Authorization at least 30 days
before the charters involved, pursuant to the procedures set forth in 14
CFR Part 212.9; provided, that applications involving all-cargo charters
may be filed up to ten calendar days before the flights.

Action taken by:   Paul L. Gretch, Director

		      Office of International Aviation

________________________________________________________________________
_______________________________________________________

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our action was consistent with Department
policy; (2) grant of the authority was consistent with the public
interest; and (3) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975.
To the extent not granted/deferred/dismissed, we denied all requests in
the referenced Docket.  We may amend, modify, or revoke the authority
granted in this Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

http://dms.dot.gov//reports/reports_aviation.asp