[Federal Register Volume 80, Number 161 (Thursday, August 20, 2015)]
[Notices]
[Pages 50678-50681]
[FR Doc No: 2015-20545]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75701; File No. SR-NASDAQ-2015-099]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Amend Nasdaq Rules 7014 and 7018

August 14, 2015.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on August 12, 2015, The NASDAQ Stock Market

LLC (``Nasdaq'' or the ``Exchange'') filed with the Securities and
Exchange Commission (``Commission'') a proposed rule change as
described in Items I, II and III below, which Items have been prepared
by the Exchange. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    Nasdaq is proposing changes to the national best bid or best offer
(``NBBO'') program (``NBBO Program'') in Nasdaq Rule 7014, as well as
proposed changes to amend Nasdaq Rule 7018, governing fees and credits
assessed for execution and routing of securities.
    The text of the proposed rule change is available at
nasdaq.cchwallstreet.com at Nasdaq principal office, and at the
Commission's Public Reference Room.

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

    In its filing with the Commission, Nasdaq included statements
concerning the purpose of, and basis for, the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of those statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant parts of such
statements.

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

1. Purpose
    Nasdaq proposes to amend a qualification to receive a certain
credit for execution and routing of orders in Nasdaq Rule 7018.
Specifically, the proposed rule change applies to qualification to
receive a credit in Rule 7018(a)(1), (2) and (3) and, respectively, the
securities listed on Nasdaq (``Tape C''), the securities listed on the
New York Stock Exchange (``NYSE'') (``Tape A'') and on exchanges other
than Nasdaq and NYSE (``Tape B'') (collectively, the ``Tapes'').
    Currently, a $0.0029 per share executed credit is provided to
member firms that add Customer,\3\ Professional,\4\ Firm,\5\ Non-Nasdaq
Options Market (``NOM'') market maker \6\ and/or broker-dealer \7\
liquidity in Penny Pilot Options \8\ and/or Non-Penny Pilot Options \9\
of 1.25% or more of total industry average daily volume (``ADV'') in
the customer clearing range for equity and ETF option contracts per
day, in a month on NOM. The Exchange proposes to adjust the criteria
from 1.25% to 1.15% or more of total industry ADV. The Exchange
believes the revised criteria to receive the credit will provide a
greater incentive to Nasdaq market participants to also provide
liquidity in NOM.
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    \3\ As defined by NASDAQ Options Rules, Chapter XV.
    \4\ Id.
    \5\ Id.
    \6\ Id.
    \7\ Id.
    \8\ The Penny Pilot allows market participants to quote in penny
increments in certains series of options classes and is designed to
narrow the average quoted spreads in all classes in the Pilot, which
may result in customers and other market participants to [sic] trade
options at better prices. See NASDAQ Options Rules, Chapter XV, Sec.
2(1).
    \9\Id.
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    The Exchange also proposes to amend the NBBO Program under Nasdaq
Rule 7014(g). The NBBO Program provides a per share executed rebate
\10\ with respect to all other displayed orders (other than Designated
Retail Orders, as defined in Nasdaq Rule 7018) in securities priced at
$1 or more per share that provide liquidity and establish the NBBO.
Nasdaq is proposing to harmonize the qualification criteria a member
firm must meet to receive a rebate under the program for all three
Tapes. Currently, a member firm may qualify for a $0.0002 per share
executed NBBO Program rebate in the securities of all three Tapes
[sic]: (1) Executes shares of liquidity provided in all securities
through one or more of its Nasdaq Market Center MPIDs that represents
0.475% or more of Consolidated Volume during the month; or (2) Adds NOM
Market Maker liquidity, as defined in Chapter XV, Section 2 of the
Nasdaq Options Market rules, in Penny Pilot Options and/or Non-Penny
Pilot Options above 0.90% of total industry customer equity and ETF
option ADV contracts per day in a month. A member firm may qualify for
a $0.0004 per share executed NBBO Program rebate in Tape A securities
in lieu of the $0.0002 per share executed rebate if it executes shares
of liquidity provided in all securities through one or more of its
Nasdaq Market Center MPIDs that represents 0.50% or more of
Consolidated Volume during the month. The Exchange proposes to increase
the level of Consolidated Volume required to qualify for a $0.0002 per
share executed rebate from 0.475% to 0.50%, which is the level of
Consolidated Volume required to receive the $0.0004 per share executed
rebate. As a consequence of increasing the required level of
Consolidated Volume to receive the $0.0002 per share executed rebate to
that of the current $0.0004 per share executed rebate in Tape A
securities, member firms will no longer have an option to qualify for a
$0.0002 per share executed rebate in Tape A securities. In addition,
the Exchange is extending the optional NOM-based qualification
criteria, currently only available for the $0.0002 NBBO program rebate,
to rebates of $0.0004 in Tape A securities. As a consequence of these
changes, the same qualification criteria will apply to all three Tapes,
with only the amount of rebate provided differing. As such, the
Exchange is proposing to integrate the current rule text under Rule
7014(g) that sets forth the qualification requirements for each NBBO
Program rebate into a single requirement under the rule.
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    \10\ The rebate is provided in addition to any rebate or credit
payable under Nasdaq Rule 7018(a) and the Investor Support Program
and Qualified Market Maker Progam under Nasdaq Rule 7014.
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2. Statutory Basis
    Nasdaq believes that the proposed rule change is consistent with
the provisions of Section 6 of the Act,\11\ in general, and with
Sections 6(b)(4) and 6(b)(5) of the Act,\12\ in particular, in that it
provides for the equitable allocation of reasonable dues, fees and
other charges among members and issuers and other persons using any
facility or system which Nasdaq operates or controls and is designed to
prevent fraudulent and manipulative acts and practices, to promote just
and equitable principles of trade, to foster cooperation and
coordination with persons engaged in regulating, clearing, settling,
processing information with respect to, and facilitating transactions
in securities, 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; and are not designed to
permit unfair discrimination between customers, issuers, brokers, or
dealers.
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    \11\ 15 U.S.C. 78f.
    \12\ 15 U.S.C. 78f(b)(4) and (5).
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    Nasdaq believes that the proposed changes to Nasdaq Rule
7018(a)(1), (2) and (3) to amend a qualification to receive the $0.0029
per share executed credit applied to securities of all three Tapes
provided to member firms that add Customer, Professional, Firm, Non-NOM
market maker and/or broker-dealer liquidity in Penny Pilot Options and/
or Non-Penny Pilot Options of 1.15% (decreasing from current 1.25%)

or more of total industry ADV in the customer clearing range for equity
and ETF option contracts per day, in a month on NOM is reasonable
because the Exchange believes the revised criteria to receive the
credit will provide a greater incentive to Nasdaq market participants
to also provide liquidity in NOM. The Exchange also believes that the
proposed rule changes [sic] is equitable and not unfairly
discriminatory because the amended qualification to receive the credit
is applied uniformly to securities of all three Tapes and it is
immediately available to all market participants that qualify.
    The Exchange believes the proposed changes that harmonize the
criteria required to qualify for a rebate under the NBBO Program are
reasonable because they will continue to provide incentives to market
participants to improve the NBBO and increase their participation on
the Exchange. In particular, increasing the Consolidated Volume
required to qualify for a $0.0002 per share executed rebate under Rule
7014(g)(1) from 0.475% to 0.5% represents a modest increase to the
requirement in return for the rebate, which the Exchange believes will
continue to provide incentive to market participants with attainable
criteria. Moreover, the Exchange believes that it is reasonable to
apply a higher Consolidated Volume requirement to receive a rebate in
Tape B and C securities notwithstanding that the amount of the rebate
is lower than that of Tape A because the market in terms of setting the
NBBO in Tape B and C securities is sufficiently robust to support
higher requirements. As such, the Exchange believes that requiring
member firms to provide more market-improving Consolidated Volume in
return for the rebate is reasonable. The Exchange also believes that
extending the NOM-based means by which a member firm may qualify for a
rebate under Rule 7014(g)(2) to the $0.0004 rebate in Tape A securities
under the program is reasonable because it will provide market
participants another means by which they may qualify for a rebate,
which is [sic] currently available as an option to qualify for the
$0.0002 rebate.
    Additionally, Nasdaq believes the proposed changes to Rule 7014(g)
are equitable and not unfairly discriminatory because all members that
qualify under the conditions described above are eligible to receive
the rebate under the NBBO Program. The NBBO Program is intended to
encourage members to add liquidity at prices that benefit all Nasdaq
market participants and the Nasdaq market itself, and enhance price
discovery. Also, the Exchange believes that increasing the level of
Consolidated Volume required to receive a rebate in Tape B and C
securities under the NBBO Program is equitable and not unfairly
discriminatory because it is the same level of Consolidated Volume
currently required to qualify for a $0.0004 per share executed rebate
in Tape A securities. As such, all market participants will receive a
rebate if they meet the same Consolidated Volume requirement. The
Exchange believes that making the NOM-based qualifying criteria of Rule
7014(g)(2) available to member firms in Tape A securities is an [sic]
equitable and not unfairly discriminatory because all member firms will
have the option to qualify under this criteria. In sum, the Exchange
believes that these proposed rule changes are equitable and not
unfairly discriminatory because they apply uniform criteria to all
member firms in return for a rebate from the Exchange, the rate at
which is set by the Exchange based on the Tape of the security in which
it seeks to incentivize market participants to improve the NBBO.
    Finally, Nasdaq notes that it operates in a highly competitive
market in which market participants can readily favor competing venues
if they deem fee levels at a particular venue to be excessive. In such
an environment, Nasdaq must continually adjust its fees to remain
competitive with other exchanges and with alternative trading systems
that have been exempted from compliance with the statutory standards
applicable to exchanges. Nasdaq believes that the proposed rule change
reflects this competitive environment because it is designed, in part,
to increase rebates for members that enhance the quality of Nasdaq's
market.

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

    Nasdaq does not believe that the proposed rule changes will result
in any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act, as amended.\13\ Nasdaq notes
that it operates in a highly competitive market in which market
participants can readily favor competing venues if they deem fee levels
at a particular venue to be excessive, or rebate opportunities
available at other venues to be more favorable. In such an environment,
Nasdaq must continually adjust its fees to remain competitive with
other exchanges and with alternative trading systems that have been
exempted from compliance with the statutory standards applicable to
exchanges. Because competitors are free to modify their own fees in
response, and because market participants may readily adjust their
order routing practices [sic].
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78f(b)(8).
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    Nasdaq believes that the degree to which fee changes in this market
may impose any burden on competition is extremely limited or even non-
existent. In this instance, the changes to Nasdaq Rules 7014 and 7018
do not impose a burden on competition because the NBBO Program, as
amended, still offers economically advantageous credits and is
reflective of the need for exchanges to offer and to let the financial
incentives to attract order flow evolve, and the change to one of the
qualifications to receive a credit in Nasdaq Rule 7018(a)(1), (2) and
(3) does not impose a burden on competition because Nasdaq's execution
services are completely voluntary and subject to extensive competition
both from other exchanges and from off-exchange venues. While the
Exchange does not believe that the proposed changes will result in any
burden on competition, if the changes proposed herein are unattractive
to market participants it is likely that Nasdaq will lose market share
as a result.

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

    Written comments were neither solicited nor received.

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

    The foregoing change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act.\14\ At any time within 60 days of the
filing of the proposed rule change, the Commission summarily may
temporarily suspend such rule change if it appears to the Commission
that such action is necessary or appropriate in the public interest,
for the protection of investors, or otherwise in furtherance of the
purposes of the Act.
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    \14\ 15 U.S.C. 78s(b)(3)(A)(ii).
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IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2015-099 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASDAQ-2015-099. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal offices of the Exchange.
All comments received will be posted without change; the Commission
does not edit personal identifying information from submissions. You
should submit only information that you wish to make available
publicly. All submissions should refer to File Number SR-NASDAQ-2015-
099, and should be submitted on or before September 10, 2015.\15\
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    \15\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-20545 Filed 8-19-15; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 224 (Tuesday, November 20, 2018)]
[Notices]
[Pages 58677-58678]
[FR Doc No: 2018-25279]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket Nos. FMCSA-2013-0109; FMCSA-2013-0444; FMCSA-2015-0322]

Qualification of Drivers; Exemption Applications; Epilepsy and
Seizure Disorders

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of final disposition.

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SUMMARY: FMCSA announces its decision to renew exemptions for 16
individuals from the requirement in the Federal Motor Carrier Safety
Regulations (FMCSRs) that interstate commercial motor vehicle (CMV)
drivers have ``no established medical history or clinical diagnosis of
epilepsy or any other condition which is likely to cause loss of
consciousness or any loss of ability to control a CMV.'' The exemptions
enable these individuals who have had one or more seizures and are
taking anti-seizure medication to continue to operate CMVs in
interstate commerce.

DATES: Each group of renewed exemptions were applicable on the

dates stated in the discussions below and will expire on the dates
stated in the discussions below.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division,<PHONE_NUMBER>, [email protected], FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224,
Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m.,
ET, Monday through Friday, except Federal holidays. If you have
questions regarding viewing or submitting material to the docket,
contact Docket Services, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Viewing Documents and Comments

    To view comments, as well as any documents mentioned in this notice
as being available in the docket, go to http://www.regulations.gov.
Insert the docket numbers, FMCSA-2013-0109; FMCSA-2013-0444; FMCSA-
2015-0322, in the keyword box, and click ``Search.'' Next, click the
``Open Docket Folder'' button and choose the document to review. If you
do not have access to the internet, you may view the docket online by
visiting the Docket Management Facility in Room W12-140 on the ground
floor of the DOT West Building, 1200 New Jersey Avenue SE, Washington,
DC 20590, between 9 a.m. and 5 p.m., ET, Monday through Friday, except
Federal holidays.

B. Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its rulemaking process. DOT posts these
comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

II. Background

    On September 10, 2018, FMCSA published a notice announcing its
decision to renew exemptions for 16 individuals from the epilepsy and
seizure disorders prohibition in 49 CFR 391.41(b)(8) to operate a CMV
in interstate commerce and requested comments from the public (83 FR
45734). The public comment period ended on October 10, 2018, and no
comments were received.
    As stated in the previous notice, FMCSA has evaluated the
eligibility of these applicants and determined that renewing these
exemptions would achieve a level of safety equivalent to, or greater
than, the level that would be achieved by complying with the current
regulation 49 CFR 391.41(b)(8).
    The physical qualification standard for drivers regarding epilepsy
found in 49 CFR 391.41(b)(8) states that a person is physically
qualified to drive a CMV if that person has no established medical
history or clinical diagnosis of epilepsy or any other condition which
is likely to cause the loss of consciousness or any loss of ability to
control a CMV.
    In addition to the regulations, FMCSA has published advisory
criteria to assist Medical Examiners in determining whether drivers
with certain medical conditions are qualified to operate a CMV in
interstate commerce (49 CFR part 391, APPENDIX A TO PART 391--MEDICAL
ADVISORY CRITERIA, section H. Epilepsy: Sec.  391.41(b)(8), paragraphs
3, 4, and 5).

III. Discussion of Comments

    FMCSA received no comments in this preceding.

IV. Conclusion

    Based on its evaluation of the 16 renewal exemption applications,
FMCSA announces its decision to exempt the following drivers from the
epilepsy and seizure disorders prohibition in 49 CFR 391.41(b)(8).
    In accordance with 49 U.S.C. 31136(e) and 31315, the following
groups of drivers received renewed exemptions in the month of June and
are discussed below.
    As of June 9, 2018 and in accordance with 49 U.S.C. 31136(e) and
31315, the following ten individuals have satisfied the renewal
conditions for obtaining an exemption from the epilepsy and seizure
disorders prohibition in the FMCSRs for interstate CMV drivers (83 FR
45734):

Henry Counts, Jr. (MD)
David P. Crowe (VA)
Michael D. Davis (ME)
Dennis R. Gilles (IN)
Larry G. Hediger (IL)
Eric J. McVetty (NH)
Donald J. Richmond (SC)
Kevin L. Sprinkle (NC)
Patrick J. Trimbo (MN)
Alan K. Washabaugh (PA)

    These drivers were included in docket numbers FMCSA-2013-0109 and
FMCSA-2015-0322. Their exemptions are applicable as of June 9, 2018,
and will expire on June 9, 2020.
    As of June 24, 2018 and in accordance with 49 U.S.C. 31136(e) and
31315, the following six individuals have satisfied the renewal
conditions for obtaining an exemption from the epilepsy and seizure
disorders prohibition in the FMCSRs for interstate CMV drivers (83 FR
45734):

Heath A. Crowe (LA)
Peter Della-Rocco, Jr. (PA)
Domenick R. Panfile (NJ)
Milton N. Tatham (NV)
Thomas H. Tincher (NC)
Duane A. Troff (MN)

    These drivers were included in docket number FMCSA-2013-0444. Their
exemptions are applicable as of June 24, 2018, and will expire on June
24, 2020.
    In accordance with 49 U.S.C. 31315, each exemption will be valid
for two years from the effective date unless revoked earlier by FMCSA.
The exemption will be revoked if the following occurs: (1) The person
fails to comply with the terms and conditions of the exemption; (2) the
exemption has resulted in a lower level of safety than was maintained
prior to being granted; or (3) continuation of the exemption would not
be consistent with the goals and objectives of 49 U.S.C. 31136 and
31315.

     Issued on: November 9, 2018.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2018-25279 Filed 11-19-18; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register Volume 75, Number 40 (Tuesday, March 2, 2010)]
[Notices]
[Pages 9454-9455]
[FR Doc No: 2010-4333]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meeting

    Notice is hereby given, pursuant to the provisions of the
Government in the Sunshine Act, Public Law 94-409, that the Securities
and Exchange Commission will hold a Closed Meeting on Thursday, March
4, 2010 at 2 p.m.
    Commissioners, Counsel to the Commissioners, the Secretary to the
Commission, and recording secretaries will attend the Closed Meeting.
Certain staff members who have an interest in the matters also may be
present.
    The General Counsel of the Commission, or his designee, has
certified that, in his opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) and 17 CFR
200.402(a)(3), (5), (7), 9(ii) and (10), permit consideration of the
scheduled matters at the Closed Meeting.
    Commissioner Aguilar, as duty officer, voted to consider the items
listed for the Closed Meeting in a closed session.
    The subject matter of the Closed Meeting scheduled for Thursday,
March 4, 2010 will be:
    Institution and settlement of injunctive actions; institution and
settlement of administrative proceedings; and other matters relating to
enforcement proceedings.
    At times, changes in Commission priorities require alterations in
the scheduling of meeting items.
    For further information and to ascertain what, if any, matters have
been

added, deleted or postponed, please contact:
    The Office of the Secretary at<PHONE_NUMBER>.

    Dated: February 25, 2010.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2010-4333 Filed 2-26-10; 11:15 am]
BILLING CODE 8011-01-P


	UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

 		     WASHINGTON, D.C. 20460

 ADVANCE \d61 	OFF		ICE OF PREVENTION,

OFFICE OF PESTICIDES AND TOXIC SUBSTANCES

MEMORANDUM

DATE:		February 1, 2010

SUBJECT:	Preliminary Human Health Assessment for the Registration Review
of Menthol.

				Registration Review Case #: 4063

				PC Code: 051601

				CAS #: 1490-04-6 and 2216-51-5

				Chemical Class: Biochemical

FROM:		Angela L. Gonzales, Biologist

Biochemical Pesticides Branch

Biopesticides & Pollution Prevention Division (7511P)

TO:			Colin Walsh, Regulatory Action Leader

				Biochemical Pesticides Branch

Biopesticides & Pollution Prevention Division (7511P)

ACTION REQUESTED

The following is a preliminary human health assessment for the
biopesticide Menthol in support of the development of the Registration
Review Work Plan.

RECOMMENDATIONS AND CONCLUSIONS

Executive Summary

Based on the available data and information, the Agency does not foresee
the need for new data or for a new human health risk assessment.  All
data requirements per 40 CFR 158.2050 have been fulfilled for the active
ingredient.  Hazard and exposure data and information as well as Agency
risk assessments on this chemical were evaluated against current safety
standards established by the Agency’s scientific policies and
regulations and it was determined that there is no need to conduct an
additional human health risk assessment.  The active ingredient is of
low toxicity and exposure is expected to be minimal based on known use
patterns and personal protection equipment (PPE) requirements.
Additionally, humans are exposed to menthol in a variety of products,
including medications, foods, and personal care products.  There is
reasonable certainty that no harm will result to the general population
from the products containing the active ingredient when they are used
according to label instructions.

I. Background

Currently, there are two end-use products that are registered containing
the biochemical.  The first product contains menthol (CAS # 1490-04-6,
contains the unspecified isomers of menthol) as the only active
ingredient, and is used to control tracheal mites in over-wintering
honey bee hives.  The second product contains L-menthol (CAS #
2216-51-5) along with two other active ingredients, and is used to
control varroa mites in honey bees.  Both chemicals fall under this
registration review case.

Menthol occurs naturally in a variety of plants, especially in mint.  It
is found in a variety of products, including foods and beverages,
cigarettes, medications, and personal care products.  The four most
commonly used isomers of menthol are L-menthol (CAS # 2216-51-5),
D-menthol (CAS #15356-60-2), D/L-menthol (racemic, CAS # 89-78-1) and a
mixture of unspecified isomers of menthol (CAS # 1490-04-6).  There is
no appreciable difference in the toxicological properties of these
isomers. (Menthol TRED, 2004)   Two of these isomers are used as
registered pesticides and are mentioned above.

Menthol is also approved as an inert ingredient in nonfood-use pesticide
products.  It is approved by the Food and Drug Administration (FDA) as a
synthetic flavoring substance for use as a food additive (21 CFR
172.515).  Menthol is considered to be Generally Recognized as Safe
(GRAS) by FDA for food-use as an essential oil or natural extractive (21
CFR 182.20). (Menthol TRED, 2004).

II. Toxicity Profile

Available toxicity data as required by 40 CFR 158.2050 regarding menthol
are summarized below in Table 1.

Table 1. Menthol  (051601)

Study Type/OPPTS Guideline

LD50/LC50/Results

Toxicity Category	Source

Acute Oral Toxicity/OPPTS 870.1100	L-menthol:

3400 and 4380 mg/kg (mouse);

940, 2615, and 3300 mg/kg (rat)

D/L-menthol: 3100 mg/kg (mouse);

 2602, 2900 and 3,180 (rat)

III	Menthol TRED, 2004

Acute Dermal Toxicity/OPPTS 870.1200

D/L-menthol:

> 5,000 mg/kg (rabbit)

IV	Menthol TRED, 2004

Acute Inhalation Toxicity/OPPTS 870.1300

 Acute toxicity data are not available. See discussion below.

Acute Eye Irritation/OPPTS 870.2400

Slightly irritating; see discussion below	III	Menthol TRED, 2004

Acute Dermal Irritation/OPPTS 870.2500	Moderately irritating

III	Menthol TRED, 2004

Skin Sensitization/OPPTS 870.2600

Not a sensitizer

	Menthol TRED, 2004

90-day Oral/ OPPTS 870.3100	D/L-Menthol (mg/kg-bw/day) Mouse:

1) NOEL = 560, LOEL = 1100 (based on increased incidence of perivascular
lymphoid hyperplasia and interstitial nephritis in females;

2) NOAEL = 1956 (males), 2386 (females); LOAEL = 4773 (males), 3913
(females) (based on reduction in body weight gain at highest dose tested

D/L-Menthol (mg/kg-bw/day) Rat:

1) NOEL = 750, LOEL = 1500 (based on increased incidence of interstitial
nephritis in male rats only)

2) NOAEL = 937 (males), 998 (females); LOAEL = N/A: no effects on organ
weights, no other adverse effects observed at highest dose tested
(slight increase in severity of spontaneous interstitial nephritis in
males-OECD stated was not an adverse effect)

Menthol TRED, 2004

90-day Dermal – rat/OPPTS 870.3250	Waived due to lack of prolonged
dermal exposure based on current use patterns.  Additionally, exposure
from handling products is mitigated through the requirement of chemical
resistant gloves as PPE.

90-day Inhalation – rat/OPPTS 870.3465	Waived due to lack of
significant levels of repeated inhalation exposure based on current use
patterns.  See below for more information on inhalation toxicity.

Prenatal Developmental/OPPTS 870.3700

No teratogenic effects observed (mice, rat, hamster and rabbit studies)

Menthol TRED, 2004

Mutagenicity:

Bacterial Reverse Mutation Test/OPPTS 870.5100	Negative

Menthol TRED, 2004

Mutagenicity:

In vitro Mammalian Cell Assay (mouse lymphoma)/OPPTS 870.5300	Negative

Menthol TRED, 2004

Acute Inhalation Toxicity

Acute inhalation studies were not identified by the reviewer.  A
subchronic inhalation study was referenced in the Tolerance Reassessment
Progress and Risk Management Decision (TRED) document for menthol (2004)
which indicated that when rats were exposed to L-menthol vapors for
71-79 days, no systemic effects were observed at any dose.  Histological
observations revealed irritant effects on lungs and trachea at the
highest dose tested.  The exposure concentration in the study could not
be measured as there was not an adequate analytic method available at
the time.  Exposure concentrations were expressed as weight of menthol
vaporized divided by the volume of air circulated and determined to be
0.087, 1.148 and 0.259 ppm.  Because the measurement of exposure
concentration is not reliable, an accurate LC50 and/or NOEL cannot be
derived.  The study cannot be used to determine precautionary labeling
for the same reason.

At this time, submission of an acute inhalation study is not required.
Based on the use patterns of the currently registered EPs, significant
inhalation exposure of the active ingredient is not likely when products
are used according to label instructions. Additionally, humans are
exposed to menthol vapors in a variety of medications, foods, beverages
and personal care products.

Acute Eye Irritation

Based on the information available to the Agency, menthol is considered
to be slightly irritating to the eye.  The active ingredient was
historically classified as a severe eye irritant, which was based on an
eye irritation study where undiluted concentrations of 1% and 5% menthol
(unspecified isomer, purity and vehicle) were tested using rabbits.  No
information was provided regarding the experiments, the number of
animals used, and the individual scores for each animal.  Only the
overall result (severe irritation) was reported in the study.  More
recent testing on four menthol isomers has revealed that the chemicals
are slightly irritating to the eye.  These studies were conducted
according to OECD Guideline 405 and the results indicated that
concentrations of 29-64% L-menthol, D-menthol and D/L-menthol in
diethylphthalate and undiluted menthol liquid were slightly irritating
to the eye.

III. Tolerances

§ 180.1092   Menthol; exemption from the requirement of a
tolerance.

An exemption from the requirement of a tolerance is established for
residues of the pesticidal chemical menthol in or on honey and honeycomb
when used in accordance with good agricultural practice in
over-wintering bee hives.

[74 FR 26535, June 3, 2009]

IV. Incidents

According to the Incident Data System, there has been one reported
incident that was considered minor involving a domestic animal.  The
product was a dog repellant (Dog Away Spray, EPA Reg. No. 270-221) which
is no longer registered.  No other information was provided.  No
incidents have been reported for products containing menthol as an
active ingredient for the current use patterns.

V. References

U.S. EPA Tolerance Reassessment Progress and Risk Management Decision
(TRED) for Menthol (051601) Issued September, 2004.

 cc: A. L. Gonzales, C. Walsh, BPPD Science Review File

	A. L. Gonzales, FT, PY-S: 2/01/10

 PAGE  4


[Federal Register Volume 86, Number 195 (Wednesday, October 13, 2021)]
[Notices]
[Page 56927]
[FR Doc No: 2021-22219]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following electric
corporate filings:

    Docket Numbers: EC22-2-000.
    Applicants: Stanly Solar, LLC, PGR 2021 Lessee 1, LLC.
    Description: Joint Application for Authorization Under Section 203
of the Federal Power Act of Stanly Solar, LLC, et al.
    Filed Date: 10/1/21.
    Accession Number: 20211001-5377.
    Comment Date: 5 p.m. ET 10/22/21.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER21-1280-003.
    Applicants: Southern California Edison Company.
    Description: Compliance filing: SCE Refile Compliance Filing--
Morongo WOD Formula Rate Protocols to be effective 5/5/2021.
    Filed Date: 10/6/21.
    Accession Number: 20211006-5076.
    Comment Date: 5 p.m. ET 10/20/21.

    Docket Numbers: ER21-2819-001.
    Applicants: South Field Energy LLC.
    Description: Tariff Amendment: Supplemental Filing of South Field
Energy LLC and Request for Waiver to be effective 10/1/2021.
    Filed Date: 10/6/21.
    Accession Number: 20211006-5113.
    Comment Date: 5 p.m. ET 10/27/21.

    Docket Numbers: ER21-2944-000.
    Applicants: Pacific Gas and Electric Company.
    Description: Notice of Termination of Service Agreement for Gilroy
Energy Center, LLC, Service Agreement (No. 25) of Pacific Gas and
Electric Company.
    Filed Date: 9/24/21.
    Accession Number: 20210924-5182.
    Comment Date: 5 p.m. ET 10/15/21.

    Docket Numbers: ER22-48-000.
    Applicants: Gridflex Generation, LLC.
    Description: Baseline eTariff Filing: Application for Market-Based
Rate to be effective 12/6/2021.
    Filed Date: 10/5/21.
    Accession Number: 20211005-5107.
    Comment Date: 5 p.m. ET 10/26/21.

    Docket Numbers: ER22-49-000.
    Applicants: Tri-State Generation and Transmission Association, Inc.
    Description: Sec.  205(d) Rate Filing: Initial Filing of Rate
Schedule No. 335 to be effective 12/6/2021.
    Filed Date: 10/6/21.
    Accession Number: 20211006-5018.
    Comment Date: 5 p.m. ET 10/27/21.

    Docket Numbers: ER22-50-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Annual Calculation of the Cost of New Entry value
(``Cone'') for each Local Resource Zone (``LRZ'') in the MISO Region of
Midcontinent Independent System Operator, Inc.
    Filed Date: 10/4/21.
    Accession Number: 20211004-5267.
    Comment Date: 5 p.m. ET 10/25/21.

    Docket Numbers: ER22-51-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: Original NSA, SA No. 6191;
Queue No. P11 to be effective 9/9/2021.
    Filed Date: 10/6/21.
    Accession Number: 20211006-5086.
    Comment Date: 5 p.m. ET 10/27/21.

    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: October 6, 2021.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2021-22219 Filed 10-12-21; 8:45 am]
BILLING CODE 6717-01-P


1   PAPERWORK REDUCTION ACT SUBMISSION Please read the instructions before completing this form. For additional forms or assistance in completing this form, contact your agency's Paperwork Clearance Officer. Send two copies of this form, the collection instrument to be reviewed, the Supporting Statement and any additional documentation to: Office of Information and Regulatory Affairs, Office of Management and Budget, Docket Library, Room 10102, 725 17th Street NW Washington, DC 20503.

1. Agency/ Subagency originating request USEPA/ OSWER/ OSW/ HWID 2. OMB control number b. None a 2050 0145 __ __ __ __

3. Type of information collection ( check one) a. X New collection b. G Revision of a currently approved collection c. G Extension of a currently approved collection d. G Reinstatement, without change, of a previously approved collection for which approval has expired e. G Reinstatement, with change, of a previously approved collection for which approval has expired f. G Existing collection in use without an OMB control number 4. Type of review requested ( check one) a. X Regular b. G Emergency  Approval requested by: / / c. G Delegated 5. Small entities Will this information collection have a significant economic impact on a substantial number of small entities? G Yes X No For b f, note item A2 of Supporting Statement Instructions 6. Requested expiration date a. G Three years from approval date b. x Other Specify: 2 / 29/ 2008 7. Title Requirements and Exemptions for Specific RCRA Wastes ( Final Rule for Adding Mercury Containing Equipment to the Universal Waste Rule)

8. Agency form number( s) ( If applicable) ICR # 1597.07 9. Keywords universal waste program; universal waste rule; mercury containing equipment; waste management; mercury switches; mercury containing devices; Resource Conservation and Recovery Act 10. Abstract This final rule adds mercury containing equipment ( for example, thermometers, barometers, manometers, mercury switches) to the federal universal waste program as a means to encourage collection and proper management of mercury wastes. Handlers of universal wastes are subject to less stringent requirements for collecting, storing, and transporting these wastes. EPA has concluded that adding spent mercury containing equipment to the list of federal universal wastes will lead to better management and increased collection of these materials and will facilitate compliance with the hazardous waste requirements. Because of the wide variety of wastes covered by the rule, a piece of mercury containing equipment might be found in any household, business, or institution in the United States.

11. Affected public ( Mark primary with " P" and all others that apply with " X") a. X Individuals or households d. X Farms b. P Business or other for profit e. X Federal Government c. X Not for profit institutions f. X State, Local or Tribal Government 12. Obligation to respond ( Mark primary with " P" and all others that apply with " X") a. G Voluntary b. X Required to obtain or retain benefits c. P Mandatory 13. Annual reporting and recordkeeping hour burden a. Number of respondents 122,369 b. Total annual responses 124,702 1. Percentage of these responses collected electronically 0 % c. Total hours requested 193,234 d. Current OMB inventory 185,967 e. Difference 7,267 f. Explanation of difference 1. Program Change 7,267 2. Adjustment 0 14. Annual reporting and recordkeeping cost burden ( in thousands of dollars)

a. Total annualized capital/ startup costs 3 b. Total annual costs ( O& M) 1 c. Total annualized cost requested 4 d. Current OMB inventory 3 e. Difference 1 f. Explanation of difference 1. Program change 1 2. Adjustment 0 15. Purpose of information collection ( Mark Primary With " P" and all others that apply with " X") a. __ Application for benefits e. __ Program planning or management b. __ Program evaluation f. __ Research c. __ General purpose statistics g. P Regulatory or compliance d. __ Audit 16. Frequency of recordkeeping or reporting ( check all that apply) a. X Recordkeeping b. Q Third party disclosure c. X Reporting 1. Q On occasion 2. Q Weekly 3. Q Monthly 4. Q Quarterly 5. Q Semi annually 6. Q Annually 7. Q Biannually 8. X Other ( describe) one time 17. Statistical methods Does this information collection employ statistical methods?

Q Yes X No 18. Agency contact ( person who can best answer questions regarding the content of this submission) Name: Kathy Blanton Phone: ( 703) 605 0761 OMB 83 I 10/ 95 19. Certification for Paperwork Reduction Act Submissions On behalf of this Federal agency, 1 certify that the collection of information encompassed by this request complies with' 5 CFR 1320.9.

NOTE: The text of 5 CFR 1320.9, and the related provisions of 5 CFR 1320.8( b)( 3), appear at the end of the instructions. The certification is to be made with reference to those regulatory provisions as set forth in the instructions.

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

( a) It is necessary for the proper performance of agency functions;

( b) It avoids unnecessary duplication;

( c) It reduces burden on small entities;

( d) It uses plain, coherent, and unambiguous terminology that is understandable to respondents;

( e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

( f) It indicates the retention periods for recordkeeping requirements;

( g) It informs respondents of the information called for under 5 CFR 1320.8( b)( 3): ( I) Why the information is being collected' ( ii) Use of information; ( iii) Burden estimate; ( iv) Nature of response ( voluntary, required for a benefit, or mandatory); ( v) Nature and extent of confidentiality; and ( vi) Need to display currently valid OMB control number;

( h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected ( see note in Item 19 of the instructions);

( I) It uses effective and efficient statistical survey methodology; and ( j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item below and explain the reason in Item 18 of the Supporting Statement.

Signature of Program Official Robert W. Dellinger Director, HWID OSWER Date Signature of Senior Official or designee Oscar Morales, Director Collection Strategies Division Office of Environmental Information Date OMB 83 I 10/ 95 Certification Requirement for Paperwork Reduction Act Submissions 5 CFR 1320.9 reads " As part of the agency submission to OMB of a proposed collection of information, the agency ( through the head of the agency, the Senior Official or their designee) shall certify ( and provide a record supporting such certification) that the proposed collection of information

"( a) is necessary for the proper performance of the functions of the agency, including that the information to be collected will have practical utility;

"( b) is not unnecessarily duplicative of information otherwise reasonably accessible to the agency;

"( c) reduces to the extent practicable and appropriate the burden on persons who shall provide information to or for the agency, including with respect to small entities, as defined in the Regulatory Flexibility Act 5 U. S. C § 601( 6)), the use of such techniques as:

"( 1) establishing differing compliance or reporting requirements or timetables that take into account the resources available to those who are to respond; "( 2) the clarification, consolidation, or simplification of compliance and reporting requirements; or collection of information , or any part thereof; "( 3) an exemption from coverage of the collection of information, or any part thereof;

"( d) is written using plain, coherent, and unambiguous terminology and is understandable to those who are to respond;

"( e) is to be implemented in ways consistent and compatible, to the maximum extent practicable, with the existing reporting and recordkeeping practices of those who are to respond;

"( f) indicates for each recordkeeping requirement the length of time persons are required to maintain the records specified;

"( g) informs potential respondents of the information called for under § 1320.8( b)( 3); [ see below]

"( h) has been developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected, including the processing of the information in a manner which shall enhance, where appropriate, the utility of the information to agencies and the public;

"( I) uses effective and efficient statistical survey methodology appropriate to the purpose for which the information is to be collected; and "( j) to the maximum extent practicable, uses appropriate information technology to reduce burden and improve data quality, agency efficiency and responsiveness to the public."

NOTE: 5 CFR 1320.8( b)( 3) requires that each collection of information:

"( 3) informs and provides reasonable notice to the potential persons to whom the collection of information is addressed of: "( I) the reasons the information is planned to be and/ or has been used to further the proper performance of the functions of the agency; "( ii) the way such information is planned to be and/ or has been used to further the proper performance of the functions of the agency; "( iii) an estimate, to the extent practicable, of the average burden of the collection ( together with a request that the public direct to the agency any comments concerning the accuracy of this burden estimate and any suggestions for reducing this burden); "( iv) whether responses to the collection of information are voluntary, required to obtain or retain a benefit ( citing authority), or mandatory ( citing authority); "( v) the nature and extent of confidentiality to be provided, if any ( citing authority); and "( vi) the fact that any 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."

OMB 83 I ( Instructions) 10/ 95


[Federal Register Volume 86, Number 7 (Tuesday, January 12, 2021)]
[Notices]
[Pages 2413-2414]
[FR Doc No: 2021-00407]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 3820-012]

Aclara Meters, LLC; Notice of Availability of Environmental
Assessment

    In accordance with the National Environmental Policy Act of 1969
and the Federal Energy Regulatory Commission's (Commission)
regulations, 18 CFR part 380, the Office of Energy Projects has
reviewed an application submitted by Aclara Meters, LLC, to surrender
its Somersworth Hydroelectric Project No. 3820, located on the Salmon
Falls River in Strafford County, New Hampshire, and York County, Maine,
and has prepared an environmental assessment (EA) for the project. The
project does not occupy federal lands.
    The EA contains staff's analysis of the potential environmental
impacts of the proposed action and concludes that approval of the
surrender would not constitute a major federal action significantly
affecting the quality of the human environment.
    The EA may be viewed on the Commission's website at http://www.ferc.gov using the ``eLibrary'' link. Enter the docket number
excluding the last three digits in the docket number field to access
the document. For assistance, contact FERC Online Support at
<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202) 502-
8659 (TTY). At this time, the Commission has suspended access to the
Commission's Public Reference Room, due to the proclamation declaring a
National Emergency concerning the Novel Coronavirus Disease (COVID-19),
issued by the President on March 13, 2020.
    You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    Any comments should be filed within 30 days from the date of this
notice.
    The Commission strongly encourages electronic filing. Please file
comments using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief comments up to
6,000 characters, without prior registration, using the eComment system
at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your
name and contact information at the end of your comments. For
assistance, please contact FERC Online Support. In lieu of electronic
filing, you may submit a paper copy. Submissions sent via the U.S.
Postal Service must be addressed to: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 888 First Street NE, Room 1A,
Washington, DC 20426. Submissions sent via any other carrier must be
addressed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 12225 Wilkins Avenue, Rockville, Maryland 20852. The first
page of any filing should include docket number P-3820-012.
    For further information, contact Diana Shannon at<PHONE_NUMBER> or
by email at<EMAIL_ADDRESS>

    Dated: January 6, 2021.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2021-00407 Filed 1-11-21; 8:45 am]
BILLING CODE 6717-01-P


                     INDEX TO DOCKET EPA-R09-OAR-2016-0096
Air Plan Approval; Reno, Nevada; Second 10-Year Carbon Monoxide Maintenance Plan

 CATEGORY I.	NOTICE OF FINAL RULEMAKING

 Direct Final Rule, "Air Plan Approval; Reno, Nevada; Second 10-Year Carbon Monoxide Maintenance Plan," August 15, 2016 (prepublication version)

CATEGORY II.	NOTICE OF PROPOSED RULEMAKING

 Proposed Rule, "Air Plan Approval; Reno, Nevada; Second 10-Year Carbon Monoxide Maintenance Plan," August 15, 2016 (prepublication version)

CATEGORY III:	STATE IMPLEMENTATION PLAN SUBMITTAL
 Letter, Colleen Cripps, Administrator, Division of Environmental Protection, Nevada Department of Conservation and Natural Resources, to Jared Blumenfeld, Regional Administrator, EPA Region 9, November 7, 2014, with enclosures
 Letter, Charlene Albee, Division Director, Air Quality Management Division, to Colleen Cripps, Administrator, Division of Environmental Protection, Nevada Department of Conservation and Natural Resources, October 29, 2014, with enclosures

 Certificate of Adoption, Washoe County District Board of Health, Office of the District Health Officer, Washoe County Health District, August 28, 2014

 Agenda, Washoe County Health District, August 28, 2014

 Staff Report, Regarding Adoption of the "Second 10-Year Maintenance Plan for the Truckee Meadows 8-Hour Carbon Monoxide Attainment Area," Washoe County Health District, Air Quality Management Division, August 15, 2014

 State Implementation Plan, "Second 10-Year Maintenance Plan for the Truckee Meadows 8-Hour Carbon Monoxide Attainment Area," Washoe County Health District, Air Quality Management Division, August 28, 2014

 Meeting Minutes, Washoe County District Board of Health, September 25, 2014

 Letter, Amy Cummings, Director of Planning, Regional Transportation Commission, to Kevin Dick, District Health Officer, Washoe County Health District, August 14, 2014

 Proof of Publication, Reno Gazette-Journal, August 27, 2014

CATEGORY IV:	Related EPA Proposed and Final Rules
 70 FR 22803, "Determination of Attainment for the Ozone and Carbon Monoxide National Ambient Air Quality Standards in Washoe County, NV," May 3, 2005
 72 FR 33397, "Revisions to the Nevada State Implementation Plan, Washoe County District Health Department," direct final rule, June 18, 2007
 73 FR 1175, "Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; Nevada; Wintertime Oxygenated Gasoline Rule; Vehicle Inspection and Maintenance Program; Redesignation of Truckee Meadows to Attainment for the Carbon Monoxide Standard," proposed rule, January 7, 2008
 73 FR 38124, "Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; Nevada; Wintertime Oxygenated Gasoline Rule; Vehicle Inspection and Maintenance Program; Redesignation of Truckee Meadows to Attainment for the Carbon Monoxide Standard," final rule, July 3, 2008

CATEGORY V: Other Documents Relied Upon for Proposed Rulemaking

 [Reserved]

CATEGORY VI:	Public Comments on Proposed Rulemaking

 [Reserved]

CATEGORY VII:	Additional Materials Relied Upon for Final Rule

 U.S. EPA memorandum, "Procedures for Processing Requests to Redesignate Areas to Attainment," September 4, 1992

 Letter from Daniel Inouye, Chief, Monitoring and Planning Branch, Air Quality Management Division, Washoe County Health District, to Matthew Lakin, Chief, Air Quality Analysis Office, Air Division, U.S. EPA Region 9, July 1, 2013, transmitting "Washoe County Health District Air Quality Management Division 2013 Ambient Air Monitoring Network Plan"

 "Washoe County Health District Air Quality Management Division 2013 Ambient Air Monitoring Network Plan," July 1, 2013

 Letter from Meredith Kurpius, Manager, Air Quality Analysis Office, U.S. EPA Region 9 to Daniel Inouye, Chief, Monitoring and Planning Branch, Air Quality Management Division, Washoe County Health District, regarding "Washoe County Health District Air Quality Management Division 2013 Ambient Air Monitoring Network Plan," dated December 11, 2013

 Email from Daniel Inouye, Chief, Monitoring and Planning Branch, Air Quality Management Division, Washoe County Health District, to Meredith Kurpius, Chief, Air Quality Analysis Office, Air Division, U.S. EPA Region 9, July 1, 2014, transmitting "Washoe County Health District Air Quality Management Division 2014 Ambient Air Monitoring Network Plan"

 "Washoe County Health District Air Quality Management Division 2013 Ambient Air Monitoring Network Plan," July 1, 2014

 Letter from Deborah Jordan, Director, U.S. EPA Region 9 Air Division, to Charlene Albee, Director, Air Quality Management Division, Washoe County Health District, regarding U.S. EPA's 2013 Technical System Audit of the Washoe County Health District Air Quality Management Division ambient air monitoring program, August 19, 2014

 Letter from Meredith Kurpius, Manager, Air Quality Analysis Office, U.S. EPA Region 9 to Daniel Inouye, Chief, Monitoring and Planning Branch, Air Quality Management Division, Washoe County Health District, regarding "Washoe County Health District Air Quality Management Division 2014 Ambient Air Monitoring Network Plan," October 29, 2014

 Letter from Daniel Inouye, Chief, Monitoring and Planning Branch, Air Quality Management Division, Washoe County Health District, to Meredith Kurpius, Chief, Air Quality Analysis Office, Air Division, U.S. EPA Region 9, July 1, 2015, transmitting "Washoe County Health District Air Quality Management Division 2015 Ambient Air Monitoring Network Plan"

 "Washoe County Health District Air Quality Management Division 2015 Ambient Air Monitoring Network Plan," July 1, 2015

 Letter from Meredith Kurpius, Manager, Air Quality Analysis Office, U.S. EPA Region 9 to Daniel Inouye, Chief, Monitoring and Planning Branch, Air Quality Management Division, Washoe County Health District, regarding "Washoe County Health District Air Quality Management Division 2015 Ambient Air Monitoring Network Plan," October 21, 2015

 Letter from Daniel Inouye, Chief, Monitoring and Planning Branch, Air Quality Management Division, Washoe County Health District, to Meredith Kurpius, Chief, Air Quality Analysis Office, Air Division, U.S. EPA Region 9, July 1, 2016, transmitting "Washoe County Health District Air Quality Management Division 2016 Ambient Air Monitoring Network Plan"

 "Washoe County Health District Air Quality Management Division 2016 Ambient Air Monitoring Network Plan," July 1, 2016

 Truckee Meadows 1980-2016 1-Hour CO Violation Day Count Report, data pulled from AQS on August 1, 2016

 Truckee Meadows 1991-2016 8-Hour CO Violation Day Count Report, data pulled from AQS on August 1, 2016

 Truckee Meadows 2006-2016 1-Hour CO Maximum Values Report, data pulled from AQS on August 1, 2016

 Truckee Meadows 2006-2016 8-Hour CO Maximum Values Report, data pulled from AQS on August 1, 2016

 Truckee Meadows 2016 1-Hour Completeness Report, data pulled from AQS on August 1, 2016

 Memorandum to Docket, Docket ID number EPA-R09-OAR-2016-0096, "Adequacy Documentation for Plan Motor Vehicle Emission Budgets in November 2014 Truckee Meadows Carbon Monoxide Second 10-year Maintenance State Implementation Plan," John J. Kelly, Air Planning Office, U.S. EPA Region 9, August 5, 2016


[Federal Register Volume 88, Number 233 (Wednesday, December 6, 2023)]
[Proposed Rules]
[Pages 84767-84769]
[FR Doc No: 2023-26742]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-2231; Project Identifier MCAI-2022-01623-R]
RIN 2120-AA64

Airworthiness Directives; Leonardo S.p.a. Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all Leonardo S.p.a. Model AB412 and AB412 EP helicopters. This
proposed AD was prompted by reports of cracks in the lateral mounts of
the main transmission support case. This proposed AD would require
repetitive visual inspections and fluorescent penetrant inspections
(FPI) and, depending on the results, corrective action, as specified in
a European Union Aviation Safety Agency (EASA) AD, which is proposed
for incorporation by reference. The FAA is proposing this AD to address
the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by January 22,
2024.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to regulations.gov. Follow
the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    AD Docket: You may examine the AD docket at regulations.gov under
Docket No. FAA-2023-2231; or in person at Docket Operations between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD
docket contains this NPRM, any comments received, and other
information. The street address for Docket Operations is listed above.
    Material Incorporated by Reference:
     For EASA material that is identified in this NPRM, contact
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999
000; email [email protected]; internet easa.europa.eu. You may find
the EASA material on the EASA website ad.easa.europa.eu.
     You may view this material at the FAA, Office of the
Regional Counsel, Southwest Region, 10101 Hillwood Parkway, Room 6N-
321, Fort Worth, TX 76177. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>. The EASA material is also
available at regulations.gov under Docket No. FAA-2023-2231.
    Other Related Service Information: For Bell Helicopter service
information identified in this NPRM, contact Bell Textron, Inc., P.O.
Box 482, Fort Worth, TX 76101; phone 1-450-437-2862 or 1-800-363-8023;
fax 1-450-433-0272; email [email protected]; or at
bellflight.com/support/contact-support.

FOR FURTHER INFORMATION CONTACT: Sungmo Cho, Aviation Safety Engineer,
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: (781)
238-7241; email: [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2023-2231; Project Identifier
MCAI-2022-01623-R'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
regulations.gov, including any personal information you provide. The
agency will also post a report summarizing each substantive verbal
contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to
Sungmo Cho, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite
410, Westbury, NY

11590; phone:<PHONE_NUMBER>; email: [email protected]. Any
commentary that the FAA receives that is not specifically designated as
CBI will be placed in the public docket for this rulemaking.

Background

    EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2022-0258, dated December 20, 2022
(EASA AD 2022-0258), to correct an unsafe condition on all Leonardo
S.p.A. Model AB212, AB412, and AB412EP helicopters.
    This proposed AD was prompted by reports of cracks in the lateral
mounts of the main transmission support case. Such cracking is usually
caused by excessive corrosion of the surface under a washer and
originates from a washer attachment screw threaded hole. Cracking can
occur at the upper or lower surfaces of the lateral mount. This
condition, if not detected and corrected, could lead to loss of load
carrying capabilities of the main transmission, possibly resulting in
loss of control of the helicopter. You may examine EASA AD 2022-0258 in
the AD docket at regulations.gov under Docket No. FAA-2023-2231.

Related Service Information Under 1 CFR Part 51

    EASA AD 2022-0258 requires repetitive visual inspections and FPIs
of the main transmission support case and, depending on the findings,
corrective action. Corrective actions include repairing or replacing
the main transmission support case hardware including screws, washers,
or case bushings, repairing the lateral mounts, or replacing the main
transmission support case.
    This material 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.

Other Related Service Information

    The FAA also reviewed Bell Helicopter Component Repair and Overhaul
Manual (CR&O) BHT-412-CR&O Chapter 63, paragraphs 63-57 Transmission
Main Support Case--Inspection and 63-58 Transmission Main Support
Case--Repair, Revision 12, dated February 28, 2020. This service
information specifies procedures for inspecting and repairing the main
transmission support case.

FAA's Determination

    These helicopters have been approved by EASA and are approved for
operation in the United States. Pursuant to the FAA's bilateral
agreement with the European Union, EASA has notified the FAA about the
unsafe condition described in its AD. The FAA is proposing this AD
after evaluating all known relevant information and determining that
the unsafe condition described previously is likely to exist or develop
on other helicopters of these same type designs.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified
in EASA AD 2022-0258, described previously, as incorporated by
reference, except for any differences identified as exceptions in the
regulatory text of this proposed AD and except as discussed under
``Differences Between this Proposed AD and the EASA AD.''

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) Ads as the primary source of information for compliance
with requirements for corresponding FAA Ads. The FAA has been
coordinating this process with manufacturers and CAAs. As a result, the
FAA proposes to incorporate EASA AD 2022-0258 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2022-0258 in its entirety through that incorporation, except
for any differences identified as exceptions in the regulatory text of
this proposed AD. Using common terms that are the same as the heading
of a particular section in EASA AD 2022-0258 does not mean that
operators need comply only with that section. For example, where the AD
requirement refers to ``all required actions and compliance times,''
compliance with this AD requirement is not limited to the section
titled ``Required Action(s) and Compliance Time(s)'' in EASA AD 2022-
0258. Service information referenced in EASA AD 2022-0258 for
compliance will be available at regulations.gov under Docket No. FAA-
2023-2231 after the FAA final rule is published.

Differences Between This Proposed AD and the EASA AD

    EASA AD 2022-0258 applies to Model AB212 helicopters, whereas this
proposed AD would not because that model is not FAA type-certificated.
    The service information referenced in EASA AD 2022-0258 specifies
contacting Product Support Engineering for possible repairs regarding
corrosion or pitting in the case bushings that exceeds allowable
limits, whereas this proposed AD would require repair done in
accordance with a method approved by the FAA, EASA, or Leonardo S.p.a.
Helicopters' EASA Design Organization Approval.
    Where EASA AD 2022-0258 requires performing an FPI, this proposed
AD would require that the FPI be performed by a Level II or Level III
inspector certified in the FAA-acceptable standards for nondestructive
inspection personnel.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 69 helicopters of U.S. Registry. Labor rates are estimated at
$85 per work-hour. Based on these numbers, the FAA estimates the
following costs to comply with this proposed AD.
    Visually inspecting the main transmission support case would take
about 2 work-hours for an estimated cost of $170 per helicopter and
$11,730 for the U.S. fleet, per inspection cycle. Performing an FPI of
the main transmission support case would take about 2 work-hours for an
estimated cost of $170 per helicopter and $11,730 for the U.S. fleet,
per inspection cycle.
    The FAA has no way of determining the costs pertaining to necessary
repairs that are required to be done. Replacing the transmission
support case assembly hardware parts including screws, washers, and
case bushings would take about 2 work-hours and parts would cost up to
$4,000 per helicopter for an estimated cost of up to $4,170 per
helicopter. Replacing the main transmission support case would take up
to about 47 work-hours and parts would cost about $120,000 for an
estimated cost of $123,995 per helicopter.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: General requirements.
Under that section, Congress charges the FAA with promoting safe flight
of civil aircraft in air commerce by prescribing

regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

Leonardo S.p.a.: Docket No. FAA-2023-2231; Project Identifier MCAI-
2022-01623-R.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by January 22, 2024.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Leonardo S.p.a. Model AB412 and AB412 EP
helicopters, certificated in any category.

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 6320, Main Rotor
Gearbox.

(e) Unsafe Condition

    This AD was prompted by reports of cracks in the lateral mounts
of the main transmission support case. The FAA is issuing this AD to
detect and address cracking of the main transmission support case.
The unsafe condition, if not addressed, could result in the loss of
load carrying capabilities of the main transmission and subsequent
loss of control of the helicopter.

(f) Compliance

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

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2022-0258, dated December 20, 2022 (EASA AD 2022-0258).

(h) Exceptions to EASA AD 2022-0258

    (1) Where EASA AD 2022-0258 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) Where the service information referenced in EASA AD 2022-
0258 specifies contacting Product Support Engineering for possible
repairs regarding corrosion or pitting in a case bushing that
exceeds allowable limits, this AD requires repair done in accordance
with a method approved by the Manager, International Validation
Branch, FAA; or EASA; or Leonardo S.p.a. Helicopters' EASA Design
Organization Approval (DOA). If approved by the DOA, the approval
must include the DOA-authorized signature.
    (3) Where paragraphs (3) and (4) of EASA AD 2022-0258 require
replacing a component, this AD requires removing the component from
service.
    (4) Where paragraph (5) of EASA AD 2022-0258 requires replacing
the main transmission support case, this AD requires removing the
main transmission support case assembly from service.
    (5) Where paragraph (2) of EASA AD 2022-0258 requires
accomplishing a fluorescent penetrant inspections (FPI) of the main
transmission support case, this AD requires that FPI be accomplished
by a Level II or Level III inspector certified in the FAA-acceptable
standards for nondestructive inspection personnel.
    Note 1 to paragraph (h)(5): Advisory Circular 65-31B contains
examples of FAA-acceptable Level II and Level III qualification
standards criteria for inspection personnel doing nondestructive
test inspections.
    (6) This AD does not adopt the ``Remarks'' section of EASA AD
2022-0258.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, International Validation 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 International Validation Branch, mail
it to the address identified in paragraph (j) of this AD or email
to: [email protected]. If mailing information, also submit
information by email.
    (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 Sungmo Cho, Aviation
Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY
11590; phone:<PHONE_NUMBER>; email: [email protected].

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) European Union Aviation Safety Agency (EASA) AD 2022-0258,
dated December 20, 2022.
    (ii) [Reserved]
    (3) For EASA AD 2022-0258, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]; internet easa.europa.eu. You may find the EASA
material on the EASA website ad.easa.europa.eu.
    (4) You may view this material at the FAA, Office of the
Regional Counsel, Southwest Region, 10101 Hillwood Parkway, Room 6N-
321, Fort Worth, TX 76177. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this material at the National Archives and
Records Administration (NARA). For information on the availability
of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].

    Issued on November 29, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-26742 Filed 12-5-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 246 (Friday, December 23, 2022)]
[Rules and Regulations]
[Pages 78856-78857]
[FR Doc No: 2022-28033]

=======================================================================
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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 744

[Docket No.<PHONE_NUMBER>]
RIN 0694-AJ05

Modification to the Entity List

AGENCY: Bureau of Industry and Security, Department of Commerce.

ACTION: Final rule.

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SUMMARY: The Bureau of Industry and Security is amending the Export
Administration Regulations (EAR) by modifying one entity on the Entity
List. This final rule modifies one entity on the Entity List under the
destination of Russia.

DATES: This rule is effective December 21, 2022.

FOR FURTHER INFORMATION CONTACT: Chair, End-User Review Committee,
Office of the Assistant Secretary for Export Administration, Bureau of
Industry and Security, Department of Commerce, Phone:<PHONE_NUMBER>,
Email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The Entity List (supplement No. 4 to part 744 of the EAR (15 CFR
parts 730-774)) identifies entities for which there is reasonable cause
to believe, based on specific and articulable facts, that the entities
have been involved, are involved, or pose a significant risk of being
or becoming involved in activities contrary to the national security or
foreign policy interests of the United States, pursuant to Sec.
744.11(b). The EAR impose additional license requirements on, and limit
the availability of, most license exceptions for exports, reexports,
and transfers (in-country) where a listed entity is a party to the
transaction. The license review policy for each listed entity is
identified in the ``License Review Policy'' column on the Entity List,
and the impact on the availability of license exceptions is described
in the relevant Federal Register document that added the entity to the
Entity List. The Bureau of Industry and Security (BIS) places entities
on the Entity List pursuant to part 744 (Control Policy: End-User and
End-Use Based) and part 746 (Embargoes and Other Special Controls) of
the EAR.
    The End-User Review Committee (ERC), composed of representatives of
the Departments of Commerce (Chair), State, Defense, Energy and, where
appropriate, the Treasury, makes all decisions regarding additions to,
removals from, or other modifications to the Entity List. The ERC makes
all decisions to add an entry to the Entity List by majority vote and
makes all decisions to remove or modify an entry by unanimous vote.

Modification to the Entity List

    The agencies represented on the ERC determined to modify Private
Military Company `Wagner' on the Entity List, under the destination of
Russia. This entry is modified by adding one address, two additional
aliases, and a footnote 3 designation. A footnote 3 designation means
that an entity has been determined to be a Russian or Belarusian
`military end user.' This entity was originally added to the Entity
List on June 22, 2017, for having been determined by the U.S.
Government to be acting contrary to the national security or foreign
policy interests of the United States under Sec.  744.11. (82 FR 28405)
This entry is being modified because the entity was determined to be a
Russian military end user under Sec.  744.21 of the EAR. Licenses for
this entity will now be reviewed under a policy of denial for all items
subject to the EAR apart from food and medicine designated as EAR99,
which will be reviewed on a case-by-case basis. The license
requirements under this entry also extend to any export, reexport and
transfer (in-country) to the entity wherever located worldwide.

Savings Clause

    For the changes being made in this final rule, shipments of items
removed from eligibility for a License Exception or export, reexport,
or transfer (in-country) without a license (NLR) as a result of this
regulatory action that were en route aboard a carrier to a port of
export, reexport, or transfer (in-country), on December 21, 2022,
pursuant to actual orders for export, reexport, or transfer (in-
country) to or within a foreign destination, may proceed to that
destination under the previous eligibility for a License Exception or
export, reexport, or transfer (in-country) without a license (NLR).

Export Control Reform Act of 2018

    On August 13, 2018, the President signed into law the John S.
McCain National Defense Authorization Act for Fiscal Year 2019, which
included the Export Control Reform Act of 2018 (ECRA) (50 U.S.C. 4801-
4852). ECRA provides the legal basis for BIS's principal authorities
and serves as the authority under which BIS issues this rule.

Rulemaking Requirements

    1. This rule has been determined to be not significant for purposes
of Executive Order 12866.
    2. Notwithstanding any other provision of law, no person is
required to respond to or be subject to a penalty for failure to comply
with a collection of information, subject to the requirements of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA), unless
that collection of information displays a currently valid Office of
Management and Budget (OMB) Control Number. This regulation involves
collections previously approved by OMB under control number 0694-0088,
Simplified Network Application Processing System, which includes, among
other things, license applications and commodity classifications, and
carries a burden estimate of 29.4 minutes for a manual or electronic
submission for a total burden estimate of 33,133 hours. Total burden
hours associated with the PRA and OMB control number 0694-0088 are not
expected to increase as a result of this rule.
    3. This rule does not contain policies with federalism implications
as that term is defined in Executive Order 13132.
    4. Pursuant to section 1762 of the Export Control Reform Act of
2018, this action is exempt from the Administrative Procedure Act (5
U.S.C. 553) requirements for notice of proposed rulemaking, opportunity
for public participation, and delay in effective date.
    5. Because a notice of proposed rulemaking and an opportunity for
public comment are not required to be given for this rule by 5 U.S.C.
553, or by any other law, the analytical requirements of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq., are not applicable.
Accordingly, no regulatory flexibility analysis is required and none
has been prepared.

List of Subjects in 15 CFR Part 744

    Exports, Reporting and recordkeeping requirements, Terrorism.

0
Accordingly, part 744 of the Export Administration Regulations (15 CFR
parts 730-774) is amended as follows:

PART 744--[AMENDED]

0
1. The authority citation for part 744 continues to read as follows:

    Authority:  50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22
U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR,
1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p.
608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 13026,
61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13099, 63 FR 45167, 3
CFR, 1998 Comp., p. 208; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp.,
p. 783; E.O. 13224, 66 FR 49079, 3 CFR, 2001 Comp., p. 786; Notice
of September 19, 2022, 87 FR 57569 (September 21, 2022); Notice of
November 8, 2022, 87 FR 68015 (November 10, 2022).

0
2. Supplement No. 4 to part 744 is amended under RUSSIA by revising the
entry for ``Private Military Company `Wagner' '' to read as follows:

Supplement No. 4 to Part 744--Entity List

* * * * *

----------------------------------------------------------------------------------------------------------------
                                                             License          License review    Federal Register
        Country                     Entity                 requirement            policy            citation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
RUSSIA                                                          * * * * * *
                         Private Military Company      For all items        Policy of denial   82 FR 28408, 6/22/
                          `Wagner', a.k.a., the         subject to the       for all items      17. 87 FR
                          following five aliases:       EAR. (See Sec.       subject to the     [INSERT FR PAGE
                         --Chastnaya Voennaya           Sec.                 EAR apart from     NUMBER] 12/23/
                          Kompaniya `Vagner';           734.9(g),\3\         food and           22.
                         --Chvk Vagner;                 746.8(a)(3), and     medicine
                         --PMC Wagner;                  744.21(b) of the     designated as
                         --Wagner Group; and            EAR). The license    EAR99, which
                         --Vagner Group.                requirements under   will be reviewed
                         15 Zolnaya Street, Saint       this entry also      on a case-by-
                          Petersburg, 195213, Russia    extend to any        case basis. See
                                                        export, reexport     Sec.  Sec.
                                                        and transfer (in-    746.8(b) and
                                                        country) to the      744.21(e).
                                                        entity wherever
                                                        located worldwide
                                                                * * * * * *

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

* * * * *

Thea D. Rozman Kendler,
Assistant Secretary for Export Administration.
[FR Doc. 2022-28033 Filed 12-21-22; 4:15 pm]
BILLING CODE 3510-JT-P


[Federal Register Volume 79, Number 10 (Wednesday, January 15, 2014)]
[Notices]
[Pages 2654-2655]
[FR Doc No: 2014-00542]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CD14-11-000]

Brigham City Corporation; Notice of Preliminary Determination of
a Qualifying Conduit Hydropower Facility and Soliciting Comments and
Motions To Intervene

    On December 30, 2013, Brigham City Corporation (Brigham) filed a
notice of intent to construct a qualifying conduit hydropower facility,
pursuant to section 30 of the Federal Power Act, as amended by section
4 of the Hydropower Regulatory Efficiency Act of 2013 (HREA). The 800-
kW Box Elder Power Plant Upgrade Project would utilize Brigham's
existing 30-inch and 24-inch-diameter water supply distribution line.
The project would be located in Box Elder County, Utah.
    Applicant Contact: Dave Burnett, Brigham City, Utah, 20 North Main,
Brigham, UT 84302 Phone No.<PHONE_NUMBER>.
    FERC Contact: Robert Bell, Phone No.<PHONE_NUMBER>, email:
<EMAIL_ADDRESS>    Qualifying Conduit Hydropower Facility Description: The proposed
project would consist of: (1) A small segment of existing 24-inch-
diameter pipe feeding into a new 20-inch-diameter intake pipe; (2) an
existing bifurcation pipe to bypass the powerhouse; (3) an existing
powerhouse containing one new 800-kilowatt generating unit, which will
replace an existing 575-kW unit; (4) an existing 23-foot-long, 4-foot-
wide tailrace which discharges into an existing 36-inch-diameter pipe;
and (5) appurtenant facilities. The proposed project would have an
estimated annual generating capacity of 4,300 megawatt-hours.
    A qualifying conduit hydropower facility is one that is determined
or deemed to meet all of the criteria shown in the table below.

                          Table 1--Criteria for Qualifying Conduit Hydropower Facility
----------------------------------------------------------------------------------------------------------------
                                                                                Satisfies (Y/
         Statutory provision                                   Description                               N)
----------------------------------------------------------------------------------------------------------------
FPA 30(a)(3)(A), as amended by HREA..  The conduit the facility uses is a tunnel, canal, pipeline,            Y
                                        aqueduct, flume, ditch, or similar manmade water
                                        conveyance that is operated for the distribution of water
                                        for agricultural, municipal, or industrial consumption and
                                        not primarily for the generation of electricity.

FPA 30(a)(3)(C)(i), as amended by      The facility is constructed, operated, or maintained for               Y
 HREA.                                  the generation of electric power and uses for such
                                        generation only the hydroelectric potential of a non-
                                        federally owned conduit.
FPA 30(a)(3)(C)(ii), as amended by     The facility has an installed capacity that does not exceed            Y
 HREA.                                  5 megawatts.
FPA 30(a)(3)(C)(iii), as amended by    On or before August 9, 2013, the facility is not licensed,             Y
 HREA.                                  or exempted from the licensing requirements of Part I of
                                        the FPA.
----------------------------------------------------------------------------------------------------------------

    Preliminary Determination: Based upon the above criteria,
Commission staff preliminarily determines that the proposal satisfies
the requirements for a qualifying conduit hydropower facility not
required to be licensed or exempted from licensing.
    Comments and Motions to Intervene: Deadline for filing comments
contesting whether the facility meets the qualifying criteria is 45
days from the issuance date of this notice.
    Deadline for filing motions to intervene is 30 days from the
issuance date of this notice.
    Anyone may submit comments or a motion to intervene in accordance
with the requirements of Rules of Practice and Procedure, 18 CFR
385.210 and 385.214. Any motions to intervene must be received on or
before the specified deadline date for the particular proceeding.
    Filing and Service of Responsive Documents: All filings must (1)
bear in all capital letters the ``COMMENTS CONTESTING QUALIFICATION FOR
A CONDUIT HYDROPOWER FACILITY'' or ``MOTION TO INTERVENE,'' as
applicable; (2) state in the heading the name of the applicant and the
project number of the application to which the filing responds; (3)
state the name, address, and telephone number of the person filing; and
(4) otherwise comply with the requirements of sections 385.2001 through
385.2005 of the Commission's regulations.\1\ All comments contesting
Commission staff's preliminary determination that the facility meets
the qualifying criteria must set forth their evidentiary basis.
---------------------------------------------------------------------------

    \1\ 18 CFR 385.2001-2005 (2013).
---------------------------------------------------------------------------

    The Commission strongly encourages electronic filing. Please file
motions to intervene and comments using the Commission's eFiling system
at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit
brief comments up to 6,000 characters, without prior registration,
using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information at the
end of your comments. For assistance, please contact FERC Online
Support at<EMAIL_ADDRESS>(866) 208-3676 (toll free), or
(202) 502-8659 (TTY). In lieu of electronic filing, please send a paper
copy to: Secretary, Federal Energy Regulatory Commission, 888 First
Street NE., Washington, DC 20426. A copy of all other filings in
reference to this application must be accompanied by proof of service
on all persons listed in the service list prepared by the Commission in
this proceeding, in accordance with 18 CFR 4.34(b) and 385.2010.
    Locations of Notice of Intent: Copies of the notice of intent can
be obtained directly from the applicant or such copies can be viewed
and reproduced at the Commission in its Public Reference Room, Room 2A,
888 First Street NE., Washington, DC 20426. The filing may also be
viewed on the Web at http://www.ferc.gov/docs-filing/elibrary.asp using
the ``eLibrary'' link. Enter the docket number (e.g., CD14-11-000) in
the docket number field to access the document. For assistance, call
toll-free 1-866-208-3676 or email<EMAIL_ADDRESS>For TTY,
call<PHONE_NUMBER>.

    Dated: January 8, 2014.
Kimberly D. Bose,
Secretary.
[FR Doc. 2014-00542 Filed 1-14-14; 8:45 am]
BILLING CODE 6717-01-P