[Federal Register: July 26, 2006 (Volume 71, Number 143)]
[Notices]
[Page 42427-42428]
[DOCID:fr26jy06-121]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54171; File No. SR-CBOE-2006-01]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Order Approving Proposed Rule Change and Amendment No. 1
Thereto Regarding a Disaster Recovery Facility

July 19, 2006.
    On January 3, 2006, the Chicago Board Options Exchange,
Incorporated (``CBOE'' or ``Exchange'') filed with the Securities and
Exchange Commission (``Commission''), pursuant to Section 19(b)(1) of
the Securities Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4
thereunder,\2\ a proposed rule change regarding the establishment of a
disaster recovery facility (``DRF''). On June 2, 2006, the Exchange
submitted Amendment No. 1 to the proposed rule change.\3\ The proposed
rule change, as amended, was published for comment in the Federal
Register on June 26, 2006.\4\ The Commission received no comments
regarding the proposal. This order approves the proposed rule change,
as amended.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ In Amendment No. 1, CBOE made minor revisions to the
proposed rule text and clarified certain details of its proposal.
    \4\ See Securities Exchange Act Release No. 54014 (June 19,
2006), 71 FR 36367 (``Notice'').
---------------------------------------------------------------------------

    The Exchange proposes to adopt new Exchange Rule 6.18, which
contains the rules that would govern the operation of the DRF in the
event of a disaster or other unusual circumstance that renders the
Exchange's trading floor inoperable. As set forth in the Notice, the
DRF would allow CBOE's members to operate remotely in a screen-based-
only environment until the Exchange's trading floor again became
available. Prior to the commencement of trading on the DRF, the
Exchange would announce all classes of securities that would be traded
on the DRF with priority given to those classes exclusively listed on
the Exchange. The Exchange represents that it is able to

conduct appropriate surveillance of trading activity on the DRF and has
in place relevant surveillance procedures.\5\ All classes of securities
traded on the DRF would be subject to the Exchange's Hybrid System
rules relating to the electronic component of Hybrid trading and any
applicable non-trading rules. To the extent system capacity limits the
number of members that can quote on the DRF, proposed Exchange Rule
6.18 provides a priority system to select member participants.
Connectivity procedures are available to all CBOE members. The Exchange
represents that there is already sufficient member connectivity to
ensure that the DRF, if activated, could operate in a useful manner.\6\
---------------------------------------------------------------------------

    \5\ See Notice at 3.
    \6\ Id.
---------------------------------------------------------------------------

    The Commission finds that the proposed rule change is consistent
with the requirements of the Act and the rules and regulations
thereunder applicable to a national securities exchange.\7\
Specifically, the Commission finds that the proposal is consistent with
Section 6(b)(1) of the Act,\8\ which requires that an exchange is
organized and has the capacity to be able to carry out the purposes of
the Act and to comply, and to enforce compliance by its members and
persons associated with its members, with the provisions of the Act,
the rules and regulations thereunder, and the rules of the exchange.
Specifically, the Commission finds that proposed Exchange Rule 6.18
provides a business continuity plan that is reasonably designed to
allow the Exchange to continue its trading operations in the event a
disaster or other unusual circumstance renders the CBOE trading floor
inoperable. Furthermore, the Commission believes the proposed rule
change is reasonably designed to enhance the resilience of the U.S.
financial markets generally.
---------------------------------------------------------------------------

    \7\ In approving this proposed rule change the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. 15 U.S.C. 78c(f).
    \8\ 15 U.S.C. 78f(b)(1).
---------------------------------------------------------------------------

    In addition, the Commission finds that the proposal is consistent
with Section 6(b)(5) of the Act,\9\ which requires, among other things,
that the rules of a national securities 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.
Specifically, the Commission finds the proposed rule change is
reasonably designed to provide market participants with the necessary
disclosure to understand the Exchange's operational capabilities and
plans in the event of a disaster.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\10\ that the proposed rule change (SR-CBOE-2006-01), as amended,
is approved.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

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

J. Lynn Taylor,
Assistant Secretary.
 [FR Doc. E6-11926 Filed 7-25-06; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 86, Number 76 (Thursday, April 22, 2021)]
[Notices]
[Pages 21353-21355]
[FR Doc No: 2021-08338]

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

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2006-0028]

MET Laboratories, Inc.: Grant of Expansion of Recognition and
Modification to the Nationally Recognized Testing Laboratory (NRTL)
Program's List of Appropriate Test Standards

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

ACTION: Notice.

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

SUMMARY: In this notice, OSHA announces the final decision to expand
the scope of recognition for MET Laboratories, Inc., as a Nationally
Recognized Testing Laboratory (NRTL). Additionally, OSHA announces the
final decision to add two new test

standards to the NRTL Program's List of Appropriate Test Standards.

DATES: The expansion of the scope of recognition becomes effective on
April 22, 2021.

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; telephone:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    General and technical information: Contact Mr. Kevin Robinson,
Director, Office of Technical Programs and Coordination Activities,
Directorate of Technical Support and Emergency Management, Occupational
Safety and Health Administration; telephone:<PHONE_NUMBER>; 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. Notice of Final Decision

    OSHA hereby gives notice of the expansion of the scope of
recognition of MET Laboratories, Inc. (MET), as a NRTL. MET's expansion
covers the addition of four test standards to the NRTL scope of
recognition, including two test standards that will be added to the
NRTL Program's List of Appropriate Test Standards.
    OSHA recognition of a 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 the
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 of the products.
    The agency processes applications by a NRTL for initial
recognition, or for expansion or renewal of this recognition, following
requirements in Appendix A to 29 CFR 1910.7. This appendix requires
that the agency publish two notices in the Federal Register in
processing an application. In the first notice, OSHA announces the
application and provides the preliminary finding and, in the second
notice, the agency provides the final decision on the application.
These notices set forth the NRTL's scope of recognition or
modifications of that scope. OSHA maintains an informational web page
for each NRTL that details the scope of recognition. These pages are
available from the agency's website at http://www.osha.gov/dts/otpca/nrtl/index.html.
    MET submitted four applications, one dated November 6, 2017 (OSHA-
2006-0028-0042), two dated April 4, 2018 (OSHA-2006-0028-0043 and OSHA-
2006-0028-0044), and a fourth on January 14, 2019 (OSHA-2006-0028-0045)
to expand the recognition to include four additional test standards.
OSHA staff performed a detailed analysis of the application packets and
reviewed other pertinent information. OSHA did not perform any on-site
reviews in relation to the applications.
    OSHA published the preliminary notice announcing MET's expansion
applications in the Federal Register on January 21, 2021 (86 FR 6368).
The agency requested comments by February 5, 2021, but it received no
comments in response to this notice. OSHA now is proceeding with this
final notice to grant expansion of MET's scope of recognition.
    To obtain or review copies of all public documents pertaining to
MET's application, go to http://www.regulations.gov or contact the
Docket Office, Occupational Safety and Health Administration, U.S.
Department of Labor, 200 Constitution Avenue NW, Room N-3653,
Washington, DC 20210. Docket No. OSHA-2006-0028 contains all materials
in the record concerning MET's recognition. Please note: Due to the
COVID-19 pandemic, the Docket Office is closed to the public at this
time but can be contacted at<PHONE_NUMBER>.

II. Final Decision and Order

    OSHA staff examined MET's expansion applications, the capability to
meet the requirements of the test standards, and other pertinent
information. Based on the review of this evidence, OSHA finds that MET
meets the requirements of 29 CFR 1910.7 for expansion of the NRTL scope
of recognition, subject to the limitation and conditions listed below.
OSHA, therefore, is proceeding with this final notice to grant MET's
scope of recognition. OSHA limits the expansion of MET's recognition to
testing and certification of products for demonstration of conformance
to the test standards listed in Table 1.

 Table 1--List of Appropriate Test Standards for Inclusion in MET's NRTL
                          Scope of Recognition
------------------------------------------------------------------------
        Test standard                     Test standard title
------------------------------------------------------------------------
* UL 61010-2-201............  Safety Requirements for Electrical
                               Equipment for Measurement, Control and
                               Laboratory Use--Part 2-201: Particular
                               Requirements for Control Equipment.
UL 61010-2-030..............  Safety Requirements for Electrical
                               Equipment for Measurement, Control and
                               Laboratory Use--Part 2-030: Particular
                               Requirements for Testing and Measuring
                               Circuits.
UL 61010-031................  Safety Requirements for Electrical
                               Equipment for Measurement, Control and
                               Laboratory Use--Part 031: Safety
                               Requirements for Hand-Held and Hand-
                               Manipulated Probe Assemblies for
                               Electrical Measurement and Test.
*UL 60335-2-72..............  Household and Similar Electrical
                               Appliances--Safety--Part 2-72: Particular
                               Requirements for Floor Treatment Machines
                               With or Without Traction Drive, for
                               Commercial Use.
------------------------------------------------------------------------
* Indicates standards that OSHA is adding to the NRTL Program's List of
  Appropriate Test Standards.

    In this notice, OSHA also announces the addition of two new test
standards to the NRTL Program's List of Appropriate Test Standards.
Table 2, below, lists the test standards that are new to the NRTL
Program. OSHA has determined that these test standards are appropriate
test standards and will include them in the NRTL Program's List of
Appropriate Test Standards.

  Table 2--Test Standards OSHA Is Adding to the NRTL Program's List of
                       Appropriate Test Standards
------------------------------------------------------------------------
        Test standard                     Test standard title
------------------------------------------------------------------------
UL 61010-2-201..............  Safety Requirements for Electrical
                               Equipment for Measurement, Control and
                               Laboratory Use--Part 2-201: Particular
                               Requirements for Control Equipment.
UL 60335-2-72...............  Household and Similar Electrical
                               Appliances--Safety--Part 2-72: Particular
                               Requirements for Floor Treatment Machines
                               With or Without Traction Drive, for
                               Commercial Use.
------------------------------------------------------------------------

    OSHA's recognition of any NRTL for a particular test standard is
limited to equipment or materials for which OSHA standards require
third-party testing and certification before using them in the
workplace. Consequently, if a test standard also covers any products
for which OSHA does not require such testing and certification, a
NRTL's scope of recognition does not include these products.
    The American National Standards Institute (ANSI) may approve the
test standards listed above as American National Standards. However,
for convenience, the use of the designation of the standards-developing
organization for the standard as opposed to the ANSI designation may
occur. Under the NRTL Program's policy (see OSHA Instruction CPL 1-0.3,
Appendix C, paragraph XIV), any NRTL recognized for a particular test
standard may use either the proprietary version of the test standard or
the ANSI version of that standard. Contact ANSI to determine whether a
test standard is currently ANSI-approved.

A. Conditions

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

III. Authority and Signature

    James S. Frederick, Acting Assistant Secretary of Labor for
Occupational Safety and Health, 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. 8-2020 (85 FR 58393,
Sept. 18, 2020)), and 29 CFR 1910.7.

    Signed at Washington, DC, on April 14, 2021.
James S. Frederick,
Acting Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2021-08338 Filed 4-21-21; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register Volume 85, Number 25 (Thursday, February 6, 2020)]
[Notices]
[Page 6941]
[FR Doc No: 2020-02284]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IS20-83-000]

Ship Shoal Pipeline Company; Notice of Technical Conference

    Take notice that a technical conference will be held Wednesday,
March 3, 2020 at 10:00 a.m. (Eastern Standard Time), in a room to be
designated, at the offices of the Federal Energy Regulatory Commission
(Commission), 888 First Street NE, Washington, DC 20426.
    At the technical conference, the Commission Staff and the parties
to the proceeding should be prepared to discuss all issues raised by
the filing as stated by the Commission in its December 30, 2019
order.\1\ All interested persons are permitted to attend.
---------------------------------------------------------------------------

    \1\ Ship Shoal Pipeline Co., 169 FERC ] 61,259 (2019).
---------------------------------------------------------------------------

    Commission conferences are accessible under section 508 of the
Rehabilitation Act of 1973. For accessibility accommodations please
send an email to<EMAIL_ADDRESS>or call toll free 1-866-208-
3372 (voice) or<PHONE_NUMBER> (TTY); or send a fax to<PHONE_NUMBER> with
the required accommodations.
    For more information about this technical conference please contact
Adrianne Cook at<PHONE_NUMBER> or<EMAIL_ADDRESS>or Glenna
Riley at<PHONE_NUMBER> or<EMAIL_ADDRESS>
    Dated: January 30, 2020.
Kimberly D. Bose,
Secretary.
[FR Doc. 2020-02284 Filed 2-5-20; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 49 (Wednesday, March 13, 2013)]
[Rules and Regulations]
[Pages 15878-15879]
[FR Doc No: 2013-05712]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2013-0044]

Drawbridge Operation Regulations; Sacramento River, Sacramento,
CA

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulation.

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

SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the Tower Drawbridge across Sacramento
River, mile 59.0, at Sacramento, CA. The deviation is necessary to
allow the community to participate in the Ninth Annual Shamrock
footrace. This deviation allows the bridge to remain in

the closed-to-navigation position during the event.

DATES: This deviation is effective from 7:30 a.m. to 1:05 p.m. on March
17, 2013.

ADDRESSES: The docket for this deviation, [USCG-2013-0044], is
available at http://www.regulations.gov. Type the docket number in the
``SEARCH'' box and click ``SEARCH.'' Click on Open Docket Folder on the
line associated with this deviation. 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email David H. Sulouff, Chief, Bridge Section, Eleventh Coast
Guard District; telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
If you have questions on viewing the docket, call Barbara Hairston,
Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The California Department of Transportation
has requested a temporary change to the operation of the Tower
Drawbridge, mile 59.0, over Sacramento River, at Sacramento, CA. The
Tower Drawbridge navigation span provides a vertical clearance of 30
feet above Mean High Water in the closed-to-navigation position. As
required by 33 CFR 117.189(a), the draw opens on signal from May 1
through October 31 from 6 a.m. to 10 p.m. and, from November 1 through
April 30 from 9 a.m. to 5 p.m. At all other times the draw shall open
on signal if at least four hours notice is given, Navigation on the
waterway is commercial and recreational.
    The drawspan will be secured in the closed-to-navigation position
from 7:30 a.m. to 1:05 p.m. on March 17, 2013, to allow the community
to participate in the Ninth Annual Shamrock footrace. This temporary
deviation has been coordinated with waterway users. There are no
scheduled river boat cruises or anticipated levee maintenance during
this deviation period. No objections to the proposed temporary
deviation were raised. Vessels that can transit the bridge, while in
the closed-to-navigation position, may continue to do so at any time.
In the event of an emergency the drawspan can be opened without delay.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the effective
period of this temporary deviation. This deviation from the operating
regulations is authorized under 33 CFR 117.35.

    Dated: February 28, 2013.
D.H. Sulouff,
District Bridge Chief, Eleventh Coast Guard District.
[FR Doc. 2013-05712 Filed 3-12-13; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: February 24, 2010 (Volume 75, Number 36)]
[Notices]
[Page 8331-8332]
[DOCID:fr24fe10-70]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-R05-OAR-2009-0928, EPA-R05-OAR-2010-0046; FRL-9116-6]

Adequacy Status of the Cincinnati, Ohio/Indiana Submitted 8-Hour
Ozone Redesignation and Maintenance Plans for Transportation Conformity
Purposes

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of adequacy.

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

SUMMARY: In this notice, EPA is notifying the public that we have found
that the motor vehicle emissions budgets (MVEBs) for volatile organic
compounds (VOCs) and oxides of nitrogen (NOx) as precursors
to ozone in the Ohio and Indiana portions of the Cincinnati-Hamilton,
OH/KY/IN ozone nonattainment area are adequate for use in
transportation conformity determinations. Ohio submitted a
redesignation request and maintenance plan for Cincinnati, Ohio on
December 14, 2009. The MVEBs in the submittal include emissions for the
Ohio portion and also the Indiana portion of the Cincinnati area.
Indiana submitted a redesignation request and maintenance plan for
Lawrenceburg Township in Dearborn County, Indiana, which is part of the
Cincinnati 8-hour ozone nonattainment area, on January 21, 2010.
Indiana and Ohio submitted identical MVEBs for the combined Ohio and
Indiana portions of the Cincinnati area.
    As a result of our finding, the Cincinnati, Ohio area must use the
MVEBs from the submitted ozone maintenance plan for future
transportation conformity determinations.

DATES: This finding is effective March 11, 2010.

FOR FURTHER INFORMATION CONTACT: Patricia Morris, Environmental
Scientist, Criteria Pollutant Section

(AR-18J), Air Programs Branch, Air and Radiation Division, United
States Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we'',
``us'' or ``our'' is used, we mean EPA.

Background

    Today's notice is simply an announcement of a finding that we have
already made. On January 14, 2010, EPA Region 5 sent a letter to the
Ohio Environmental Protection Agency and also to the Indiana Department
of Environmental Management stating that the 2015 and 2020 MVEBs for
the both the Ohio portion and the Indiana portion of the Cincinnati,
Ohio 8-hour ozone area are adequate. The letters note that Kentucky
will submit separate budgets for the Kentucky portion of the Cincinnati
area. Receipt of these MVEBs was announced on EPA's transportation
conformity website, and no comments were submitted. The finding is
available at EPA's conformity Web site: http://www.epa.gov/otaq/
stateresources/transconf/adequacy.htm.
    The adequate 2015 and 2020 MVEBs, in tons per day (tpd), for VOCs
and NOx for the Ohio and Indiana portions of the Cincinnati, Ohio area
are as follows:

              Ohio and Indiana portions of Cincinnati, Ohio
------------------------------------------------------------------------
                                            VOCs (tpd)       NOx (tpd)
------------------------------------------------------------------------
2015....................................           31.73           49.00
2020....................................           28.82           34.39
------------------------------------------------------------------------

    Transportation conformity is required by section 176(c) of the
Clean Air Act. EPA's conformity rule requires that transportation
plans, programs, and projects conform to state air quality
implementation plans and establishes the criteria and procedures for
determining whether or not they do conform. Conformity to a State
Implementation Plan (SIP) means that transportation activities will not
produce new air quality violations, worsen existing violations, or
delay timely attainment of the national ambient air quality standards.
    The criteria by which we determine whether a SIP's MVEBs are
adequate for transportation conformity purposes are outlined in 40 CFR
93.118(e)(4). We have described our process for determining the
adequacy of submitted SIP budgets in our July 1, 2004, preamble
starting at 69 FR 40038, and we used the information in these resources
while making our adequacy determination. Please note that an adequacy
review is separate from EPA's completeness review, and it also should
not be used to prejudge EPA's ultimate approval of the SIP. Even if we
find a budget adequate, the SIP could later be disapproved.
    The finding and the response to comments are available at EPA's
transportation conformity Web site: http://www.epa.gov/otaq/
stateresources/transconf/adequacy.htm.

    Authority:  42 U.S.C. 7401-7671 q.

    Dated: February 3, 2010.
Walter W. Kovalick, Jr.,
Acting Regional Administrator, Region 5.
[FR Doc. 2010-3678 Filed 2-23-10; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 249 (Tuesday, December 29, 2015)]
[Notices]
[Page 81316]
[FR Doc No: 2015-32733]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2011-0208; FRL--9940-74-OEI]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; NESHAP for Pulp and Paper Production
(Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Environmental Protection Agency has submitted an
information collection request (ICR), ``NESHAP for Pulp and Paper
Production (40 CFR part 63, subpart S) (Renewal)'' (EPA ICR No.
2452.03, OMB Control No. 2060-0681) to the Office of Management and
Budget (OMB) for review and approval in accordance with the Paperwork
Reduction Act (44 U.S.C. 3501 et seq.). This is a proposed extension of
the ICR, which is currently approved through December 31, 2015. Public
comments were previously requested via the Federal Register (80 FR
32116) on June 5, 2015 during a 60-day comment period. This notice
allows for an additional 30 days for public comments. A fuller
description of the ICR is given below, including its estimated burden
and cost to the public. An Agency may not conduct or sponsor and a
person is not required to respond to a collection of information unless
it displays a currently valid OMB control number.

DATES: Additional comments may be submitted on or before January 28,
2016.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
OECA-2011-00208, to (1) EPA online using www.regulations.gov (our
preferred method), by email to<EMAIL_ADDRESS>or by mail to: EPA
Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200
Pennsylvania Ave. NW., Washington, DC 20460, and (2) OMB via email to
<EMAIL_ADDRESS>Address comments to OMB Desk Officer for
EPA.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Patrick Yellin, Monitoring,
Assistance, and Media Programs Division, Office of Compliance, Mail
Code 2227A, Environmental Protection Agency, 1200 Pennsylvania Ave.
NW., Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    Supporting documents which explain in detail the information that
the EPA will be collecting are available in the public docket for this
ICR. The docket can be viewed online at www.regulations.gov or in
person at the EPA Docket Center, EPA West, Room 3334, 1301 Constitution
Ave. NW., Washington, DC. The telephone number for the Docket Center is
202-566-1744. For additional information about EPA's public docket,
visit http://www.epa.gov/dockets.
    Abstract: Respondents are owners or operators of facilities that
produce pulp, paper, or paperboard by employing kraft, soda, sulfite,
semi-chemical, or mechanical pulping processes using wood; or any
process using secondary or non-wood fiber and that emits 10 tons per
year or more of any hazardous air pollutant (HAP) or 25 tons per year
or more of any combination of HAPs. Affected sources are all the
hazardous air pollutant emission points or the HAP emission points in
the pulping and bleaching system for mechanical pulping processes using
wood and any process using secondary or non-wood fiber.
    Form Numbers: None.
    Respondents/affected entities: Owners and operators of pulp and
paper mills that are major sources of HAP emissions.
    Respondent's obligation to respond: Mandatory (40 CFR part 63,
subpart S).
    Estimated number of respondents: 114 (total).
    Frequency of response: Initially, occasionally, and semiannually.
    Total estimated burden: 52,304 hours (per year). Burden is defined
at 5 CFR 1320.3(b).
    Total estimated cost: $4,939,270 (per year), includes $841,000
annualized capital or operation & maintenance costs.
    Changes in the Estimates: There is no change in the total estimated
burden as currently identified in the OMB Inventory of Approved
Burdens. This ICR covers the burden resulting from the 2012 RTR. OMB
Control Number 2060-0387 (EPA ICR Number 1657.07) covers the burden in
the previously existing rule. That ICR is currently being renewed to
cover the burden under both of these series. In preparing that ICR
renewal, EPA will removed any duplicate items so that it only reflects
current requirements.

Courtney Kerwin,
Acting Director, Collection Strategies Division.
[FR Doc. 2015-32733 Filed 12-28-15; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 86, Number 237 (Tuesday, December 14, 2021)]
[Notices]
[Pages 71118-71120]
[FR Doc No: 2021-26981]

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

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2021-0046; Notice 1]

Goodyear Tire & Rubber Company, Receipt of Petition for Decision
of Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).

ACTION: Receipt of petition.

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

SUMMARY: Goodyear Tire & Rubber Company (Goodyear), has determined that
certain Goodyear Convenience Spare tires do not fully comply with
Federal Motor Vehicle Safety Standard (FMVSS) No. 109, New Pneumatic
and Certain Specialty Tires. Goodyear filed an original noncompliance
report dated June 8, 2021, and subsequently, Goodyear petitioned NHTSA
on June

21, 2021, for a decision that the subject noncompliance is
inconsequential as it relates to motor vehicle safety. This notice
announces receipt of Goodyear's petition.

DATES: Send comments on or before January 13, 2022.

ADDRESSES: Interested persons are invited to submit written data,
views, and arguments on this petition. Comments must refer to the
docket and notice number cited in the title of this notice and
submitted by any of the following methods:
     Mail: Send comments by mail addressed to the U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC
20590.
     Hand Delivery: Deliver comments by hand to the U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC
20590. The Docket Section is open on weekdays from 10 a.m. to 5 p.m.
except for Federal holidays.
     Electronically: Submit comments electronically by logging
onto the Federal Docket Management System (FDMS) website at https://www.regulations.gov/. Follow the online instructions for submitting
comments.
     Comments may also be faxed to<PHONE_NUMBER>.
    Comments must be written in the English language and be no greater
than 15 pages in length, although there is no limit to the length of
necessary attachments to the comments. If comments are submitted in
hard copy form, please ensure that two copies are provided. If you wish
to receive confirmation that comments you have submitted by mail were
received, please enclose a stamped, self-addressed postcard with the
comments. Note that all comments received will be posted without change
to https://www.regulations.gov, including any personal information
provided.
    All comments and supporting materials received before the close of
business on the closing date indicated above will be filed in the
docket and will be considered. All comments and supporting materials
received after the closing date will also be filed and will be
considered to the fullest extent possible.
    When the petition is granted or denied, notice of the decision will
also be published in the Federal Register pursuant to the authority
indicated at the end of this notice.
    All comments, background documentation, and supporting materials
submitted to the docket may be viewed by anyone at the address and
times given above. The documents may also be viewed on the internet at
https://www.regulations.gov by following the online instructions for
accessing the docket. The docket ID number for this petition is shown
in the heading of this notice.
    DOT's complete Privacy Act Statement is available for review in a
Federal Register notice published on April 11, 2000 (65 FR 19477-8).

FOR FURTHER INFORMATION CONTACT: Jayton Lindley, General Engineer,
NHTSA, Office of Vehicle Safety Compliance,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Overview

    Goodyear has determined that certain Goodyear Convenience Spare
tires do not fully comply with the requirements of paragraph S4.2.1(c)
and S4.3(c) of FMVSS No. 109, New Pneumatic and Certain Specialty Tires
(49 CFR 571.109). Goodyear filed a noncompliance report dated June 8,
2021, pursuant to 49 CFR part 573, Defect and Noncompliance
Responsibility and Reports. Goodyear subsequently petitioned NHTSA on
June 21, 2021, for an exemption from the notification and remedy
requirements of 49 U.S.C. Chapter 301 on the basis that this
noncompliance is inconsequential as it relates to motor vehicle safety,
pursuant to 49 U.S.C. 30118(d) and 30120(h) and 49 CFR part 556,
Exemption for Inconsequential Defect or Noncompliance.
    This notice of receipt of Goodyear's petition is published under 49
U.S.C. 30118 and 30120 and does not represent any Agency decision or
other exercise of judgment concerning the merits of the petition.

II. Tires Involved

    Approximately 534 Goodyear Convenience Spare tires, size T155/70D17
110M SL, manufactured between February 15, 2021, and April 8, 2021, are
potentially involved.

III. Noncompliance

    Goodyear explains that the noncompliance is that the subject tires
incorrectly state the maximum load in kg on one side of the tire and,
therefore, do not comply with the requirements specified in paragraphs
S4.2.1(c) and S4.3(c) of FMVSS No. 109. Specifically, the subject tires
are marked on one sidewall with a Maximum Load of 1080 kg, when they
should have been marked with a Maximum Load of 1060 kg.

IV. Rule Requirements

    Paragraphs S4.2.1(c) and S4.3(c) of FMVSS No. 109 include the
requirements relevant to this petition. Each tire shall conform to each
of the following: Its load rating shall be that specified in a
submission made by an individual manufacturer, pursuant to paragraph
S4.2.1(a), or in one of the publications described in paragraph
S4.4.1(b) for its size designation, type, and each appropriate
inflation pressure. If the maximum load rating for a particular tire
size is shown in more than one of the publications described in
paragraph S4.4.1(b), each tire of that size designation shall have a
maximum load rating that is not less than the published maximum load
rating, or if there are differing maximum load ratings for the same
tire size designation, not less than the lowest published maximum load
rating. Except as provided in paragraphs S4.3.1 and S4.3.2 of this
standard, each tire, except for those certified to comply with
paragraph S5.5 of Sec.  571.139, shall have permanently molded into or
onto both sidewalls, in letters and numerals not less than 0.078 inches
high, the information shown in paragraphs S4.3 (a) through (g) of this
standard. (c) Maximum load rating.

V. Summary of Goodyear's Petition

    The following views and arguments presented in this section, ``V.
Summary of Goodyear's Petition,'' are the views and arguments provided
by Goodyear. They have not been evaluated by the Agency and do not
reflect the views of the Agency. Goodyear describes the subject
noncompliance and contends that the noncompliance is inconsequential as
it relates to motor vehicle safety.
    In support of its petition, Goodyear submitted the following
reasoning:
    1. The subject tires were manufactured as designed and meet or
exceed all applicable FMVSSs.
    2. Goodyear states the subject tires are original equipment on
several Toyota and Subaru vehicle models and were designed and
manufactured to meet or exceed the specified vehicle loading conditions
as specified by the vehicle manufacturers.
    3. According to Goodyear, the 110 numerical Load Index marked on
the tire as part of the Service Description (110M) is correct as
marked.
    4. Goodyear claims the subject tires that were mismarked Max Load
1080 kg in place of Max Load 1060 kg met the performance requirements
of FMVSS No. 109 for endurance and high speed when tested at the 1080
kg load.

    5. The subject tires are marked correctly for Max Load in pounds on
both sides of the tire. Further, Goodyear says the subject tires are
primarily sold in the domestic original equipment market, where the
load in pounds would be the predominant consumer unit of measurement.
    6. The subject tires are marked in letters 20-mm high ``TEMPORARY
USE ONLY'' as they are convenience spare tires.
    7. Goodyear contends that NHTSA has previously granted petitions
for similar noncompliances related to tire loading labeling information
on tires and previous NHTSA surveys have shown most consumers do not
base tire purchases on tire labeling information found on the tire
sidewall. Since the subject tires are temporary use only spare tires,
any considerations about what information consumers rely on for tire
purchases is even less of a concern.
    Goodyear concludes that the subject noncompliance is
inconsequential as it relates to motor vehicle safety and that its
petition to be exempted from providing notification of the
noncompliance, as required by 49 U.S.C. 30118, and a remedy for the
noncompliance, as required by 49 U.S.C. 30120, should be granted.
    NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and
30120(h)) that permit manufacturers to file petitions for a
determination of inconsequentiality allow NHTSA to exempt manufacturers
only from the duties found in sections 30118 and 30120, respectively,
to notify owners, purchasers, and dealers of a defect or noncompliance
and to remedy the defect or noncompliance. Therefore, any decision on
this petition only applies to the subject tires that Goodyear no longer
controlled at the time it determined that the noncompliance existed.
However, any decision on this petition does not relieve equipment
distributors and dealers of the prohibitions on the sale, offer for
sale, or introduction or delivery for introduction into interstate
commerce of the noncompliant tires under their control after Goodyear
notified them that the subject noncompliance existed.

(Authority: 49 U.S.C. 30118, 30120: delegations of authority at 49
CFR 1.95 and 501.8)

Otto G. Matheke III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2021-26981 Filed 12-13-21; 8:45 am]
BILLING CODE 4910-59-P


[Federal Register Volume 82, Number 212 (Friday, November 3, 2017)]
[Notices]
[Pages 51284-51285]
[FR Doc No: 2017-23966]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2017-0955]

Information Collection Request to Office of Management and
Budget; OMB Control Number: 1625-0031

AGENCY: Coast Guard, DHS.

ACTION: Sixty-day notice requesting comments.

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

SUMMARY: In compliance with the Paperwork Reduction Act of 1995, the
U.S. Coast Guard intends to submit an Information Collection Request
(ICR) to the Office of Management and Budget (OMB), Office of
Information and Regulatory Affairs (OIRA), requesting an extension of
its approval for the following collection of information: 1625-0031,
Plan Approval and Records for Electrical Engineering Regulations--Title
46 CFR Subchapter J. Our ICR describes the information we seek to
collect from the public. Before submitting this ICR to OIRA, the Coast
Guard is inviting comments as described below.

DATES: Comments must reach the Coast Guard on or before January 2,
2018.

ADDRESSES: You may submit comments identified by Coast Guard docket
number [USCG-2017-0955] to the Coast Guard using the Federal
eRulemaking Portal at http://www.regulations.gov. See the ``Public
participation and request for comments'' portion of the SUPPLEMENTARY
INFORMATION section for further instructions on submitting comments.
    A copy of the ICR is available through the docket on the Internet
at http://www.regulations.gov. Additionally, copies are available from:
Commandant (CG-612), ATTN: Paperwork Reduction Act Manager, U.S. Coast
Guard, 2703 Martin Luther King Jr. Ave. SE., Stop 7710, Washington, DC
20593-7710.

FOR FURTHER INFORMATION CONTACT: Contact Mr. Anthony Smith, Office of
Information Management, telephone<PHONE_NUMBER>, or fax<PHONE_NUMBER>,
for questions on these documents.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    This Notice relies on the authority of the Paperwork Reduction Act
of 1995; 44 U.S.C. Chapter 35, as amended. An ICR is an application to
OIRA seeking the approval, extension, or renewal of a Coast Guard
collection of information (Collection). The ICR contains information
describing the Collection's purpose, the Collection's likely burden on
the affected public, an explanation of the necessity of the Collection,
and other important information describing the Collection. There is one
ICR for each Collection.
    The Coast Guard invites comments on whether this ICR should be
granted based on the Collection being necessary for the proper
performance of Departmental functions. In particular, the Coast Guard
would appreciate comments addressing: (1) The practical utility of the
Collection; (2) the accuracy of the estimated burden of the Collection;
(3) ways to enhance the quality, utility, and clarity of information
subject to the Collection; and (4) ways to minimize the burden of the
Collection on respondents, including the use of automated collection
techniques or other forms of information technology. In response to
your comments, we may revise this ICR or decide not to seek an
extension of approval for the Collection. We will consider all comments
and material received during the comment period.
    We encourage you to respond to this request by submitting comments
and related materials. Comments must contain the OMB Control Number of
the ICR and the docket number of this request [USCG-2017-0955], and
must be received by January 2, 2018.

Submitting Comments

    We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for

alternate instructions. Documents mentioned in this notice, and all
public comments, are in our online docket at http://www.regulations.gov
and can be viewed by following that Web site's instructions.
Additionally, if you go to the online docket and sign up for email
alerts, you will be notified when comments are posted.
    We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).

Information Collection Request

    Title: Plan Approval and Records for Electrical Engineering
Regulations--Title 46 CFR Subchapter J.
    OMB Control Number: 1625-0031.
    Summary: The information is needed to ensure compliance with our
rules on electrical engineering for the design and construction of
U.S.-flag commercial vessels.
    Need: Title 46 U.S.C. 3306 and 3703 authorize the Coast Guard to
establish rules to promote the safety of life and property in
commercial vessels. The electrical engineering rules appear at 46 CFR
Chapter I, subchapter J (parts 110 through 113).
    Forms: None.
    Respondents: Owners, operators, shipyards, designers, and
manufacturers of vessels.
    Frequency: On occasion.
    Hour Burden Estimate: The estimated burden has decreased from 6,843
hours to 6,524 hours a year due to an estimated decrease in the annual
number of responses.

    Authority: The Paperwork Reduction Act of 1995; 44 U.S.C.
Chapter 35, as amended.

    Dated: October 31, 2017.
James D. Roppel,
U.S. Coast Guard, Acting Chief, Office of Information Management.
[FR Doc. 2017-23966 Filed 11-2-17; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: June 12, 2008 (Volume 73, Number 114)]
[Notices]
[Page 33445-33446]
[DOCID:fr12jn08-93]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[FEMA-1765-DR]

Nebraska; Amendment No. 1 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Nebraska (FEMA-1765-DR), dated May 30, 2008, and
related determinations.

EFFECTIVE DATE: May 31, 2008.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance
Directorate, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) hereby gives notice that pursuant to the authority vested in the
Administrator, under Executive Order 12148, as amended, Willie G. Nunn,
of FEMA is appointed to act as the Federal Coordinating Officer for
this declared disaster.
    This action terminates my appointment of Thomas A. Hall as Federal
Coordinating Officer for this disaster.

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

Declared Disasters); 97.039, Hazard Mitigation Grant.)

R. David Paulison,
Administrator, Federal Emergency Management Agency.
[FR Doc. E8-13204 Filed 6-11-08; 8:45 am]

BILLING CODE 9110-10-P


[Federal Register: March 31, 2010 (Volume 75, Number 61)]
[Notices]
[Page 16211-16212]
[DOCID:fr31mr10-143]

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

SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 29191; File No. 812-13694]

MCG Capital Corporation; Notice of Application

March 25, 2010.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice of an application for an order under section 23(c)(3) of
the Investment Company Act of 1940 (the ``Act'') for an exemption from
section 23(c) of the Act.

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

SUMMARY: Summary of the Application: MCG Capital Corporation (the
``Applicant''), requests an order to amend a prior order (the ``Prior
Order'') \1\ that permits the Applicant to issue restricted shares of
its common stock (``Restricted Stock'') to Applicant's employees and
non-employee directors (``Participants'') pursuant to the MCG Capital
Corporation 2006 Employee Restricted Stock Plan and the MCG Capital
Corporation 2006 Non-Employee Director Restricted Stock Plan (together,
the ``Plans'').\2\ Applicant seeks to amend the Prior Order in order to
engage in certain transactions, provided for in the MCG Capital
Corporation Second Amended and Restated 2006 Employee Restricted Stock
Plan and the MCG Capital Corporation Second Amended and Restated Non-
Employee Director Restricted Stock Plan (together, the ``Amended
Plans'') that may constitute purchases by the Applicant of its own
securities within the meaning of section 23(c) of the Act.
---------------------------------------------------------------------------

    \1\ MCG Capital Corporation, Investment Company Act Release Nos.
27258 (Mar. 8, 2006) (notice) and 27280 (Apr. 4, 2006) (order).
    \2\ The Plans were each amended and restated on April 23, 2008.

DATES: Filing Dates: The application was filed on September 4, 2009 and
amended on January 19, 2010 and March 16, 2010.
    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 applicant with a copy of the request, personally
or by mail. Hearing requests should be received by the Commission by
5:30 p.m. on April 19, 2010, and should be accompanied by proof of
service on applicant, 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 20549-1090. Applicant, c/o Steven F.
Tunney, President and Chief Executive Officer, MCG Capital Corporation,
1100 Wilson Boulevard, Suite 3000, Arlington, Virginia 22209.

FOR FURTHER INFORMATION CONTACT: Barbara T. Heussler, Senior Counsel,
at<PHONE_NUMBER>, or Jennifer L. Sawin, Branch Chief, at (202) 551-
6821, (Division of Investment Management, Office of Investment Company
Regulation).

SUPPLEMENTARY INFORMATION: The following is a summary of the
application. The complete application may be obtained via the
Commission's Web site by searching for the file number, or an applicant
using the Company name box, at http://www.sec.gov/search/search.htm or
by calling<PHONE_NUMBER>.

Applicant's Representations

    1. The Applicant is an internally managed, non-diversified, closed-
end management investment company that has elected to be regulated as a
business development company (``BDC'') under the Act. The Plans
authorize the Applicant to issue Restricted Stock to the Participants
in accordance with the terms and conditions of the Prior Order. The
Applicant seeks to amend the Prior Order to permit the Applicant to
withhold shares of the Applicant's common stock or purchase shares of
the Applicant's common stock from the Participants to satisfy tax
withholding obligations related to the vesting of Restricted Stock that
were or will be granted pursuant to the Plans or the Amended Plans. The
Applicant will continue to comply with all of the terms and conditions
of the Prior Order.
    2. The Plans and the Amended Plans authorize the Applicant to issue
shares of Restricted Stock; at the time of issuance these shares are
subject to certain forfeiture restrictions. On the date that any
Restricted Stock vests, such vested shares of the Restricted Stock are
released to the Participant and are available for sale or transfer. For
Participants who are employees, the value of the vested shares is
deemed to be wage compensation for the employee. Applicant states that
any compensation income recognized by an employee is generally subject
to Federal withholding for income and employment tax purposes.\3\ The
Amended Plans provide that each Participant must satisfy all applicable
Federal, State, and local or other income and employment tax
withholding obligations before the Applicant will deliver stock
certificates or otherwise recognize ownership of common stock under an
award.
---------------------------------------------------------------------------

    \3\ During the restricted period (i.e., prior to the lapse of
applicable forfeiture restrictions), the Restricted Stock generally
may not be sold, transferred, pledged, hypothecated, margined, or
otherwise encumbered by a Participant.
---------------------------------------------------------------------------

    3. The Amended Plans will be subject to approval by the Applicant's
board of directors as well as the required majority of the Applicant's
directors within the meaning of section 57(o) of the Act. The Amended
Plans explicitly permit the Applicant to withhold shares of the
Applicant's common stock or purchase shares of the Applicant's common
stock from the Participants to satisfy tax withholding obligations
related to the vesting of Restricted Stock.\4\
---------------------------------------------------------------------------

    \4\ The Amended Plans provide that shares withheld from an award
to satisfy tax withholding obligations are not returned to the plan
reserve, but are counted against the number of shares available
under the relevant plan.
---------------------------------------------------------------------------

Applicant's Legal Analysis

    1. Section 23(c) of the Act, which is made applicable to BDCs by
section 63 of the Act, generally prohibits a BDC from purchasing any
securities of which it is the issuer except in the open market,
pursuant to tender offers or under other circumstances as the
Commission may permit to ensure that the purchase is made on a basis
that does not unfairly discriminate against any holders of the class or
classes of securities to be purchased. Applicant states that the
withholding of the Applicant's common stock or purchase of shares of
Applicant's common stock to satisfy tax withholding obligations related
to the vesting of Restricted Stock might be deemed to be purchases by
the Applicant of its own securities within the meaning of section
23(c), and that section 23(c) of the Act may therefore prohibit these
transactions.
    2. Section 23(c)(3) of the Act permits a BDC to purchase securities
of which it is the issuer ``under such * * * circumstances as the
Commission may permit by * * * orders for the protection of investors
in order to insure that such purchases are made in a manner or on a
basis which does not unfairly discriminate against any holders of the
class or classes of securities to be purchased.'' Applicant believes
that the requested relief meets the standards of section 23(c)(3) of
the Act.
    3. The Applicant states that any such purchases will be made in a
manner that does not unfairly discriminate against the Applicant's
other stockholders because any shares that the Participants deliver to
the Applicant to satisfy tax withholding obligations will be valued at
the closing sales price of Applicant's shares of common stock on the
NASDAQ Global Select Market (or any other such exchange on which its
shares of common stock may be traded in the future) as of the date of
the transaction. Applicant further states that no transaction will be
conducted pursuant to the requested order on days when there are no
reported market transactions involving the Applicant's shares.
Applicant submits that because all of the transactions between the
Applicant and the Participants with respect to the Amended Plans will
take place at the public market price for the Applicant's common stock,
these transactions will not be significantly different than could be
achieved by any stockholder selling in a market transaction.
    4. Applicant submits that the withholding provisions in the Amended
Plans do not raise concerns about preferential treatment of the
Applicant's insiders because the Amended Plans are a bona fide
compensation plan of the type that is common among corporations
generally. Further, the vesting schedule is determined at the time of
the initial grant of the Restricted Stock. Applicant represents that
that the transactions may be made only as permitted by the Amended
Plans. The Applicant believes that its request for the order is
consistent with the policies underlying the provisions of the Act
permitting the use of equity compensation as well as prior exemptive
relief granted by the Commission for relief under section 23(c) of the
Act.

    For the Commission, by the Division of Investment Management,
pursuant to delegated authority.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-7206 Filed 3-30-10; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 27 (Friday, February 8, 2019)]
[Rules and Regulations]
[Pages 2713-2715]
[FR Doc No: 2019-01614]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0050; Product Identifier 2018-NE-35-AD; Amendment
39-19551; AD 2019-02-04]
RIN 2120-AA64

Airworthiness Directives; Engine Alliance Turbofan Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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

SUMMARY: We are superseding Airworthiness Directive (AD) 2018-22-05,
which applied to Engine Alliance (EA) GP7270, GP7272, and GP7277
turbofan engines with a certain high-pressure turbine (HPT) case
installed. AD 2018-22-05 required removal of affected HPT stator cases
(HPT cases) from service and their replacement with a part eligible for
installation. This AD retains these requirements, reduces the
compliance times for the removal and replacement of certain HPT cases,
and identifies additional affected parts that must be removed and
replaced. This AD was prompted by the discovery of a quality escape at
a manufacturing facility involving unapproved welds on HPT cases.
Subsequent additional findings suggested the need for an updated risk
analysis, resulting in reduced compliance times for those parts and the
identification of additional affected parts. We are issuing this AD to
address the unsafe condition on these products.

DATES: This AD is effective February 25, 2019.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of February 25,
2019.
    The Director of the Federal Register approved the incorporation by
reference of certain other publications listed in this AD as of
November 23, 2018 (83 FR 55816, November 8, 2018).
    We must receive any comments on this AD by March 25, 2019.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this final rule, contact
Engine Alliance, 411 Silver Lane, East Hartford, CT 06118; phone: 800-
565-0140; email<EMAIL_ADDRESS>website:
www.engineallianceportal.com. You may view this service information at
the FAA, Engine and Propeller Standards Branch, 1200 District Avenue,
Burlington, MA 01803. 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-2019-0050.

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-2019-
0050; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this final rule, the regulatory evaluation, any comments received, and
other information. The street address for Docket Operations (phone:
800-647-5527) is in the ADDRESSES section. Comments will be available
in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Matthew Smith, Aerospace Engineer, ECO
Branch, FAA, 1200 District Avenue, Burlington, MA 01803; phone: 781-
238-7735; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued AD 2018-22-05, Amendment 39-19478 (83 FR 55816, November
8, 2018) (``AD 2018-22-05''), for EA GP7270, GP7272, and GP7277
turbofan engines with a certain HPT case installed. AD 2018-22-05
required removal of affected HPT cases from service and their
replacement with a part eligible for installation. AD 2018-22-05 was
prompted by the discovery of a quality escape at a manufacturing
facility involving unapproved welds on HPT cases. We issued AD 2018-22-
05 to address failure of the HPT case, which could result in engine
fire and damage to the airplane.

Actions Since AD 2018-22-05 Was Issued

    Since we issued AD 2018-22-05, another undocumented weld has been
found on a part that was previously considered to have enough
manufacturing data to perform an updated life analysis. The new
findings created more uncertainty about the manufacturing data,
creating the need for an updated risk analysis with the new
information. As a result, we have determined that the remaining cycles
allowed on the affected HPT cases must be reduced and additional
affected parts were identified that must be removed and replaced.

Related Service Information Under 1 CFR Part 51

    We reviewed Engine Alliance Alert Service Bulletin EAGP7-A72-401,
Revision No. 1, dated December 13, 2018, which describes procedures for
removing and replacing the affected HPT case within the identified
cycles.
    We also reviewed Engine Alliance Service Bulletin EAGP7-72-399,
dated June 4, 2018, which describes procedures for removing and
replacing the affected HPT case within the specified part cycles since
new or part cycles since overhaul.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

FAA's Determination

    We are issuing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.

AD Requirements

    This AD requires removal of the affected HPT cases from service and
their replacement with a part eligible for installation.

FAA's Justification and Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of
this AD without providing an opportunity for public comments prior to
adoption. The FAA has found that the risk to the flying public
justifies waiving notice and comment prior to adoption of this rule
because failure of the HPT case

could result in engine fire and damage to the airplane, and the
compliance time for the required action is shorter than the time
necessary for public comment and publication of the final rule.
Additionally, no domestic operators currently use this product. We find
good cause that notice and opportunity for prior public comment are
impracticable and unnecessary. In addition, for the reasons stated
above, we find that good cause exists for making this amendment
effective in less than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety and was not preceded by notice and an opportunity for public
comment. However, we invite you to send any written data, views, or
arguments about this final rule. Send your comments to an address
listed under the ADDRESSES section. Include the docket number FAA-2019-
0050 and Product Identifier 2018-NE-35-AD at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this final rule. We will
consider all comments received by the closing date and may amend this
final rule because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this final rule.

Costs of Compliance

    We estimate that this AD affects 0 engines installed on airplanes
of U.S. registry. We estimate the following costs to comply with this
AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
HPT case replacement..................  20 work-hours x $85 per         $339,400        $341,100              $0
                                         hour = $1,700.
----------------------------------------------------------------------------------------------------------------

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.
    This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to engines, propellers, and
associated appliances to the Manager, Engine and Propeller Standards
Branch, Policy and Innovation Division.

Regulatory Findings

    We have 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 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 removing Airworthiness Directive (AD)
2018-22-05, Amendment 39-19478 (83 FR 55816, November 8, 2018), and
adding the following new AD:

2019-02-04 Engine Alliance: Amendment 39-19551; Docket No. FAA-2019-
0050; Product Identifier 2018-NE-35-AD.

(a) Effective Date

    This AD is effective February 25, 2019.

(b) Affected ADs

    This AD replaces AD 2018-22-05, Amendment 39-19478 (83 FR 55816,
November 8, 2018) (``AD 2018-22-05'').

(c) Applicability

    This AD applies to Engine Alliance (EA) GP7270, GP7272, and
GP7277 turbofan engines, with a high-pressure turbine (HPT) stator
case (HPT case), part number (P/N) 2060M40G02 or 2137M29G01
installed, and with HPT case serial numbers (S/Ns) listed in
Planning Information, Table 1, of Engine Alliance Alert Service
Bulletin EAGP7-A72-401, Revision 1, dated December 13, 2018, and in
Planning Information, Table 1, of Engine Alliance Service Bulletin
EAGP7-72-399, dated June 4, 2018.

(d) Subject

    Joint Aircraft System Component (JASC) Code 7250, Turbine
section.

(e) Unsafe Condition

    This AD was prompted by the discovery of a quality escape at a
manufacturing facility involving unapproved welds on HPT cases. We
are issuing this AD to address failure of the HPT case, which could
result in engine fire and damage to the airplane.

(f) Compliance

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

(g) Required Actions

    (1) For HPT cases listed in Planning Information, Table 1, of
Engine Alliance Alert Service Bulletin EAGP7-A72-401,

Revision No. 1, dated December 13, 2018, remove the affected HPT
case from service within the cycles identified in Table 1 of Engine
Alliance Alert Service Bulletin EAGP7-A72-401, Revision No. 1, dated
December 13, 2018, after the effective date of this AD.
    (2) For HPT cases listed in Planning Information, Table 1, of
Engine Alliance Service Bulletin EAGP7-72-399, dated June 4, 2018,
remove the affected HPT cases from service, using the number of part
cycles since new (PCSN) or part cycles since overhaul (PCSO),
whichever is less, as specified in Table 1 to paragraph (g)(2) of
this AD.
[GRAPHIC] [TIFF OMITTED] TR08FE19.000

    (3) Replace the removed HPT case with a part eligible for
installation before further flight.

(h) Definition

    For the purpose of this AD, a ``part eligible for installation''
is any HPT case not identified in paragraph (c) of this AD or an HPT
case listed in this AD that has been inspected and repaired by a
method approved by the Manager, ECO Branch, FAA.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, ECO Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or local Flight Standards District Office, as
appropriate. If sending information directly to the manager of the
certification office, send it to the attention of the person
identified in paragraph (j) of this AD. You may email your request
to<EMAIL_ADDRESS>    (2) 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.

(j) Related Information

    For more information about this AD, contact Matthew Smith,
Aerospace Engineer, ECO Branch, FAA, 1200 District Avenue,
Burlington, MA 01803; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
(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 the AD specifies otherwise.
    (3) The following service information was approved for IBR on
February 25, 2019.
    (i) Engine Alliance Alert Service Bulletin EAGP7-A72-401,
Revision No. 1, dated December 13, 2018.
    (ii) [Reserved]
    (4) The following service information was approved for IBR on
November 23, 2018 (83 FR 55816, November 8, 2018).
    (i) Engine Alliance Service Bulletin EAGP7-72-399, dated June 4,
2018.
    (ii) [Reserved]
    (5) For service information identified in this AD, contact
Engine Alliance, 411 Silver Lane, East Hartford, CT 06118; phone:
800-565-0140; email<EMAIL_ADDRESS>website:
www.engineallianceportal.com.
    (6) You may view this service information at FAA, Engine and
Propeller Standards Branch, 1200 District Avenue, Burlington, MA
01803. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>.
    (7) 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 Burlington, Massachusetts, on February 5, 2019.
Robert J. Ganley,
Manager, Engine and Propeller Standards Branch, Aircraft Certification
Service.
[FR Doc. 2019-01614 Filed 2-7-19; 8:45 am]
 BILLING CODE 4910-13-P