[Federal Register Volume 84, Number 70 (Thursday, April 11, 2019)]
[Notices]
[Pages 14713-14714]
[FR Doc No: 2019-07141]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. 2019-14]

Petition for Exemption; Summary of Petition Received; Near Earth
Autonomy, Inc

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

ACTION: Notice.

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SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of Federal Aviation Regulations. The
purpose of this notice is to improve the public's awareness of, and
participation in, the FAA's exemption process. Neither publication of
this notice nor the inclusion or omission of information in the summary
is intended to affect the legal status of the petition or its final
disposition.

DATES: Comments on this petition must identify the petition docket
number and must be received on or before May 1, 2019.

ADDRESSES: Send comments identified by docket number FAA-2018-1057
using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation, 1200 New Jersey Avenue SE, Room W12-140,
West Building Ground Floor, Washington, DC 20590-0001.

     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE, Washington, DC 20590-0001, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: 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 http://www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
http://www.dot.gov/privacy.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or go to the Docket Operations in Room W12-140
of the West Building Ground Floor at 1200 New Jersey Avenue SE,
Washington, DC 20590-0001, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Jake Troutman,<PHONE_NUMBER>, Office
of Rulemaking, Federal Aviation Administration, 800 Independence Avenue
SW, Washington, DC 20591.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on March 28, 2019.
Lirio Liu,
Executive Director, Office of Rulemaking.

Petition for Exemption

    Docket No.: FAA-2018-1057.
    Petitioner: Near Earth Autonomy, Inc.
    Section(s) of 14 CFR Affected: Part 21; part 27; Sec. Sec.
45.23(b); 45.29; 61.113(a) & (b); 91.7(a); 91.9(b)(2); 91.103; 91.109;
91.119; 91.121; 91.151(b); 91.203(a) & (b); 91.405(a); 91.407(a)(1);
91.409(a)(2); 91.417(a) & (b); & 91.150.
    Description of Relief Sought: The proposed exemption, if granted,
would allow the petitioner to operate the Malloy Aeronautics TRV-50 and
TRV-80 unmanned aircraft systems (UAS), with maximum takeoff weights of
126 and 254 pounds, respectively, to conduct demonstrations of safety
products and services, as well as to conduct surveying, mapping,
industrial-site inspection and monitoring, cargo delivery, and other
commercial services. Such operations would be in visual line of sight
and over private property with restricted public access.

[FR Doc. 2019-07141 Filed 4-10-19; 8:45 am]
 BILLING CODE 4910-13-P


MEMORANDUM
DATE: 	May 14, 2010
TO: 		DISTRIBUTION
FROM: 	ROB KLAUSMEIER, TOM DVORAK
SUBJECT: 	PIF EFFECTIVENESS FACTOR
Based on New Jersey's enhancements to the enforcement of its OBDII inspection, it's reasonable to claim that OBDII inspections in PIFs are as effective as OBDII inspections in CIFs. In addition, Massachusetts, Connecticut, New York, Georgia and Utah claim in their SIP that their decentralized OBDII inspections are as effective as centralized programs. None of these states use the decentralized program effectiveness prompt when modeling the emission benefits for their OBDII inspection. We recommend further analysis of MIT and previous inspection data. Although many states claim that their decentralized tailpipe inspections are 100% effective, we plan to keep the PIF effectiveness factor for tailpipe tests at 80% until we complete the analysis of MIT and previous inspection data.
Tom Dvorak prepared estimates of the overall network effectiveness based on the following data and assumptions:
   * PIF Effectiveness is as follows:
         o OBDII tests: 100%
         o Tailpipe  tests: 80%
   * 30% of the vehicles are tested in PIFs. Based on historical data, the percent tested in PIFs is more like 20%, so this assumption results in a conservative, i.e., low, effectiveness factor.
Table 1 and Figure 1 summarize the results of Tom's analysis.
Table 1  -  Preliminary Estimates of the I/M Program Effectiveness of the Network
Year
PIF Testing OBD %
PIF Testing TP %
PIF I/M Effectiveness
CIF I/M Effectiveness
Mobile 6.2 I/M Effectiveness
                                     2005
                                                                         54.00%
                                                                            46%
                                                                          90.8%
                                                                         100.0%
                                                                          97.2%
                                     2006
                                                                         53.00%
                                                                            47%
                                                                          90.6%
                                                                         100.0%
                                                                          97.2%
                                     2007
                                                                         57.45%
                                                                            43%
                                                                          91.5%
                                                                         100.0%
                                                                          97.4%
                                     2008
                                                                         64.47%
                                                                            36%
                                                                          92.9%
                                                                         100.0%
                                                                          97.9%
                                     2009
                                                                         67.76%
                                                                            32%
                                                                          93.6%
                                                                         100.0%
                                                                          98.1%
                                     2010*
                                                                         71.66%
                                                                            28%
                                                                          94.3%
                                                                         100.0%
                                                                          98.3%
                                     2011*
                                                                         75.56%
                                                                            24%
                                                                          95.1%
                                                                         100.0%
                                                                          98.5%
                                     2012*
                                                                         79.46%
                                                                            21%
                                                                          95.9%
                                                                         100.0%
                                                                          98.8%

               Figure 1  -  Projected I/M Program Effectiveness


[Federal Register: December 30, 2009 (Volume 74, Number 249)]
[Notices]
[Page 69163-69168]
[DOCID:fr30de09-128]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-61230; File No. SR-NYSE-2009-124]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Order Granting Accelerated Approval of a Proposed
Rule Change Proposing To Amend Section 703.22 of the Listed Company
Manual

December 23, 2009.
    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 December 14, 2009, New York Stock Exchange LLC (``NYSE'' or the
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by NYSE. The Commission is
publishing this notice to solicit comments on the proposed rule change
from interested persons and is approving the proposed rule change on an
accelerated basis.
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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 Substance
of the Proposed Rule Change

    NYSE proposes to amend Section 703.22 of the Exchange's Listed
Company Manual (the ``Manual''), the listing standard for Equity Index-
Linked Securities, Commodity-Linked Securities and Currency-Linked
Securities. The text of the Proposed Rule Change is attached as Exhibit
5. The text of the proposed rule change is available on the Exchange's
Web site at http://www.nyse.com, at the Exchange's 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, the self-regulatory organization
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
    The Exchange proposes to amend Section 703.22 of the Manual, the
Exchange's listing standard for Equity Index-Linked Securities,
Commodity-Linked Securities and Currency-Linked Securities pursuant to
Rule 19b-4 \3\ under the Securities and Exchange Act of 1934 (the
``Act''). The Exchange is proposing to amend the current generic
listing standards under Section 703.22 and with respect to products
that are listed pursuant to the amended standards, the Exchange will
within five (5) business days after the commencement of trading of an
Equity Index-Linked Securities, Commodity-Linked Securities and
Currency-Linked Securities (collectively ``Index-Linked Securities'')
pursuant to Section 703.22 of the Manual, file a Form 19b-4(e).\4\ The
Exchange's proposal will conform Section 703.22 to the current listing
standards for Index-Linked Securities on NYSE Arca, Inc. (``NYSE
Arca'').\5\ Specifically, the proposal will amend the relevant
provisions of Section 703.22 so that such provisions mimic the relevant
standards in NYSE Arca Equities Rule 5.2(j)(6).
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    \3\ 17 CFR 240.19b-4(e).
    \4\ 17 CFR 240.19b-4(e)(2)(ii); 17 CFR 249.820.
    \5\ See NYSE Arca Equities Rule 5.2(j)(6).
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    The Exchange proposes to renumber current subsections (C) through
(F) of Section 703.22 as a result of the proposed changes. Unless
otherwise indicated, references to rules being amended reflect such
renumbering.
General Issuer Listing Standards
    Consistent with the last sentence of NYSE Arca Equities Rule
5.2(j)(6)(A)(e), the Exchange proposes to amend the issuer listing
standard to allow for Index-Linked Securities to be issued by
supranational entities, and proposes that such issuers will be
evaluated on a case-by-case basis.\6\ Specifically Section 703.22(A)(1)
will be amended to read as follows:
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    \6\ See Securities and Exchange Release No. 56637 (October 10,
2007), 72 FR 58704 (October 16, 2007) (SR-NYSEArca-2007-92).

    If the issuer is a New York Stock Exchange-listed company, the
entity must be a

company in good standing (i.e., meets Continued Listing Criteria);
if an affiliate of an NYSE-listed company, the NYSE-listed company
must be a company in good standing; if not listed, the issuer must
meet the size and earnings requirements of Sections 102.01-102.03 or
Sections 103.01-103.05. (Sovereign issuers and supranational
entities will be evaluated on a case-by-case basis.)
Limitation on Leverage
    Currently, Section 703.22(B)(6) provides that the payment at
maturity may not be based on a multiple of the negative performance of
an underlying index or indexes, Commodity Reference Asset or Currency
Reference Asset, as the case may be, although the payment at maturity
may or may not provide for a multiple of the positive performance of an
underlying index or indexes, Commodity Reference Asset or Currency
Reference Asset, as the case may be.
    Consistent with NYSE Arca Equities Rule 5.2(j)(6)(A)(d), the
Exchange proposes to amend Section 703.22(B)(6) to allow the Exchange
to consider for listing and trading Index-Linked Securities that
provide that in no event will a loss or negative payment at maturity be
accelerated by a multiple that exceeds three times the performance of
an underlying Reference Asset.\7\ Specifically, Section 703.22(B)(6)
will be amended to read as follows:
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    \7\ See Securities and Exchange Release No. 59332 (January 30,
2009), 74 FR 6338 (February 6, 2009) (SR-NYSEArca-2008-136).

    The payment at maturity may or may not provide for a multiple of
the direct or inverse performance of an underlying Reference Asset;
however, in no event will a loss or negative payment at maturity be
accelerated by a multiple that exceeds three times the performance
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of an underlying Reference Asset.

    In connection with Index-Linked Securities that seek to provide a
loss or payment at maturity that will be accelerated by an inverse
multiple that exceeds three times the performance of an underlying
Reference Asset, the Exchange's proposal would continue to require
specific Commission approval pursuant to Section 19(b)(2) of the
Act.\8\ In particular, Section 703.22 would expressly prohibit Index-
Linked Securities that seek to provide such results from being approved
by the Exchange for listing and trading pursuant to Rule 19b-4(e) under
the Act.\9\ Fees and expenses are excluded for the purposes of
determining whether such results exceed three times the performance of
an underlying Reference Asset.
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    \8\ 15 U.S.C. 78s(b)(2).
    \9\ 17 CFR 240.19b-4(e).
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Equity Index-Linked Securities
    Equity Index-Linked Securities are linked to the performance of an
underlying index or indexes of equity securities. The Exchange proposes
to add the following paragraph to the beginning of Section 703.22:

    The payment at maturity with respect to Equity Index-Linked
Securities, Commodity-Linked Securities and Currency-Linked
Securities is based on the performance of:

    The Exchange proposes to clarify Section 703.22 by designating that
an underlying index or indexes of equity securities will be referred to
as an Equity Reference Asset. Section 703.22(i) will define an Equity
Reference Asset as:

    In the case of Equity Index-Linked Securities, an underlying
index or indexes of equity securities (an ``Equity Reference
Asset''), or

    The Exchange proposed to amend the initial and continued listing
standards for Equity Index-Linked Securities. Accordingly, the Exchange
proposes to add new Section 703.22(C). The relevant subsections of
current Section 703.22(B) will be renumbered and amended as Section
703.22 (C) as discussed below.
1940 Act Securities
    Currently, component securities in the underlying equity index for
Equity Index-Linked Securities must be either: (1) Securities that are
(a) issued by a reporting company under the Act that is listed on a
national securities exchange and (b) an ``NMS stock,'' as defined in
Rule 600 of Regulation NMS; \10\ or (2) foreign country securities or
American Depository Shares, subject to limitations.
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    \10\ See 17 CFR 242.600(b)(47).
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    Consistent with NYSE Arca Equities Rule 5.2(j)(6)(B)(I)(1), the
Exchange proposes to amend Section 703.22(C)(I)(1) to permit the
listing and trading of Equity Index-Linked Securities where the
underlying index consists in whole or in part of closed-end fund
securities or exchange-traded fund (ETF) securities, which, in each
case, are registered under the 1940 Act and are listed on national
securities exchanges.\11\ Accordingly, Section 703.22(C)(I)(1) for
initial listing will be amended as follows:
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    \11\ See Securities and Exchange Release No. 56879 (December 3,
2007), 72 FR 69271 (December 7, 2007) (SR-NYSEArca-2007-110).

    The Exchange will consider listing Equity Index-Linked
Securities that meet the requirements of this subparagraph (C)(I),
where the payment at maturity or earlier redemption is based on an
index or indexes of equity securities, securities of closed-end
management investment companies registered under the Investment
Company Act of 1940 (the ``1940 Act'') and/or investment company
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units. The issue must meet the following initial listing criteria:

    Further, Section 703.22(C)(I)(1)(b)(vii)(A) for continued listing
will be renumbered to Section 703.22(C)(I)(1)(b)(v)(A) and, consistent
with NYSE Arca Rule 5.2(j)(6)(B)(I)(1)(v)(A) will be amended as
follows:

    Securities (other than foreign country securities and American
Depository Receipts (``ADRs'') that are (i) issued by a 1934 Act
reporting company or by an investment company registered under the
1940 Act, which in each case is listed on a national securities
exchange and (ii) an ``NMS stock'' (as defined in Rule 600 of SEC
Regulation NMS); or
Index Weighing Criteria and Notional Volume
    Consistent with NYSE Arca Equities Rules 5.2(j)(6)(B)(I)(1)(b)(ii)
and 5.2(j)(6)(B)(I)(2)(a)(ii), the Exchange proposes to conform the
equity index weighting requirements and adopt criteria based upon the
notional volume traded per month to both the listing standards and
continued listing standards for Equity Index-Linked Securities.
    Currently for initial listing, Section 703.22(C)(I)(1)(b)(ii)
provides that each component security of an equity index shall have
trading volume in each of the last six months of not less than
1,000,000 shares per month, except that for each of the lowest weighted
component securities in the index that in the aggregate account for no
more than 10% of the weight of the index, the trading volume will be at
least 500,000 shares per month in each of the last six months.
    The Exchange is proposing to delete the current requirement and
adopt criteria that looks to a minimum global notional volume (``Global
Notional Volume'') \12\ traded per month averaged over the last six
months.\13\ Proposed Section 703.22(C)(I)(1)(b)(ii) will be amended as
follows:
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    \12\ Global Notional Volume is defined as the total shares
traded globally times the price per share.
    \13\ See Securities and Exchange Release No. 58376 (August 18,
2008), 73 FR 49726 (August 22, 2008) (SR-NYSEArca-2008-70).

    Component stocks that in the aggregate account for at least 90%
of the weight of the index each shall have a minimum global monthly
trading volume of 1,000,000 shares, or minimum Global Notional
Volume traded per month of $25,000,000, averaged over the last six
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months.

    With respect to the continued listing criteria, Section
703.22(B)(I)(2)(a)(iii) currently sets forth that the trading volume of
each component security in the index must be at least 500,000 shares
for each of the last six months, except that for each of the lowest
weighted components in the index that in the aggregate account for no
more than 10% of the dollar weight of the index, trading volume must be
at least 400,000 shares for each of the last six months.
    The Exchange is proposing to delete the current requirement and
adopt criteria that looks to minimum Global Notional Volume traded per
month averaged over the last six months. Proposed Section
703.22(C)(I)(2)(a)(iii) will be renumbered to Section
703.22(C)(I)(2)(a)(ii) and will be amended as follows:

    Component stocks that in the aggregate account for at least 90%
of the weight of the index each shall have a minimum global monthly
trading volume of 500,000 shares, or minimum Global Notional Volume
traded per month of $12,500,000, averaged over the last six months.

    With respect to both the initial and continued listing standards,
the Exchange believes that considering the weighting of the bottom 10%
component securities is insignificant for determining the liquidity of
the index. Rather, the Exchange proposes that focusing on 90% of the
top weighed index component securities is a better indication as to
whether the index or indexes has sufficient liquidity for listing and
trading of the related Equity Index-Linked Security.
Index Rebalancing
    Consistent with NYSE Arca Equities Rule 5.2(j)(6)(B)(I)(2)(a)(i),
the Exchange proposes to (i) conform equity index rebalancing criteria,
and (ii) amend the quarterly index rebalancing requirement for equal-
dollar or modified equal-dollar weighed indexes and relocate the
requirement for initial listing standards to the continued listing
standards for Equity Index-Linked Securities.\14\
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    \14\ See Securities and Exchange Release No. 57634 (April 8,
2008), 73 FR 20081 (April 14, 2008) (SR-NYSEArca-2008-35).
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    For Equity Index-Linked Securities, the Exchange proposes to
remove, from the current Section 703.22(B)(I)(2)(a)(i), the requirement
that only capitalization weighted, modified capitalization weighted and
price weighted indexes be reviewed as of the first day of January and
July in each year. Instead, the Exchange proposed that Section
703.22(B)(I)(2)(a)(i) will require all Indexes to be subject to the
standard at the time the index is rebalanced. Specifically, the newly
renumbered Section 703.22(C)(I)(2)(a)(i) will be amended as follows:

    The criteria that no single component represent more than 25% of
the dollar weight of the index and the five highest dollar weighted
components in the index can not represent more than 50% (or 60% for
indexes with less than 25 components) of the dollar weight of the
index, need only be satisfied at the time the Index is rebalanced;
and

    Consistent with NYSE Arca Equities Rule 5.6(j)(6)(B)(I)(2)(d), the
Exchange proposes to relocate and amend Section 703.22(C)(I)(1)(b)(iii)
from the initial listing standards to the continued listing standards
to new paragraph Section 703.22(C)(I)(2)(d), which currently requires
that equity indexes based upon the equal-dollar, or modified equal-
dollar weighting method be rebalanced at least semiannually. Instead,
the Exchange proposes that an index be rebalanced at least annually.
Specifically, new paragraph Section 703.22(C)(I)(1)(b)(iii) will be
relocated and amended as follows:
    Index Rebalancing--Indexes will be rebalanced at least annually.
Capitalization Weighted Index Methodologies
    Consistent with NYSE Arca Equities Rule 5.2(j)(6)(B)(I), the
Exchange proposes to (1) eliminate initial and continued listing
capitalization weighted and modified capitalization weighted index
requirements for Equity Index-Linked Securities.\15\ Specifically, the
Exchange proposes to eliminate Section 703.22(C))(I)(1)(b)(iv)[sic],
the current initial listing requirement, that in the case of a
capitalization weighted index or modified capitalization weighted
index, the lesser of the five highest dollar weighted component
securities in the index or the highest dollar weighted component
securities in the index that in the aggregate represent at least 30% of
the total number of component securities in the index, must have an
average monthly trading volume of at least 2,000,000 shares over the
previous six months. The Exchange also proposes to eliminate Section
703.22(C)(I)(2)(a)(iv), the current continued listing requirement, that
in the case of a capitalization-weighted index or modified
capitalization weighted index, the lesser of the five highest dollar
weighted component securities in the index or the highest dollar
weighted component securities in the index that in the aggregate
represent at least 30% of the total number of stocks in the index have
an average monthly trading volume of at least 1,000,000 shares over the
previous six months.
---------------------------------------------------------------------------

    \15\ See Footnote 13.
---------------------------------------------------------------------------

    Consistent with the NYSE Arca Rule, the Exchange proposes that
capitalization-weighted index or modified capitalization weighted
indexes comply with the initial and continued listing requirements
currently applicable to all other equity indexes under Section
703.22(C)(I) regardless of the index methodology.
Index Standardized Option Criteria
    Consistent with NYSE Arca Equities Rule 5.2(j)(6)(B)(I)(1)(b)(iv)
as well as the criteria applied by options exchanges to securities
underlying exchange-traded options,\16\ the Exchange also proposes to
amend current Equity Index-Linked Securities Section
703.22(C)(I)(1)(b)(vi) to incorporate a limited exception to the
requirement that 90% of the index's numerical value and at least 80% of
the total number of component securities underlying and Equity
Reference Asset, as defined above, must meet the then current criteria
for standardized options trading on a national securities exchange. The
Exchange proposes that an underlying index would not be subject to such
requirement if (1) no underlying component security represents more
than 10% of the dollar weight of such index and (ii) such index has a
minimum of 20 component securities.\17\ Specifically, Section
703.22(C)(I)(1)(b)(vi) for initial listing will be renumbered to
Section 703.22(C)(I)(1)(b)(iv) and will be amended as follows:

    \16\ See, e.g., Rule 5.3 of NYSE Arca, Inc.; Rule 1009 of the
Philadelphia Stock Exchange, Inc.; Rule 5.3 of the Chicago Board
Options Exchange, Incorporated: and Rule 502 of the International
Securities Exchange, LLC.
    \17\ See Footnote 11.
---------------------------------------------------------------------------

    90% of the index's numerical value and at least 80% of the total
number of component securities will meet the then current criteria
for standardized options trading on a national securities exchange;
an index will not be subject to this requirement if (a) no
underlying component security represents more than 10% of the dollar
weight of the index and (b) the index has a minimum of 20
components; and
Comprehensive Surveillance Sharing Agreements
    Currently, the Exchange's listing standards for Equity Index-Linked
Securities limit the permissible aggregate weight of underlying foreign
country securities to 20% of the overall index where the primary
trading markets of the foreign country securities or American
Depository Receipts (``ADRs'') are not members of the

Intermarket Surveillance Group (``ISG'') or are not otherwise parties
to comprehensive surveillance sharing agreements (``CSSA'') with the
Exchange. Consistent with NYSE Arca Equities Rule
5.2(j)(6)(B)(I)(b)(1)(v)(B) as well as NYSE Arca Options Rule
5.3(g)(2)(A), the Exchange proposes to amend Section
703.22(C)(I)(1)(b)(vii)(B) to increase the permissible aggregate weight
of underlying foreign country securities up to 50% of the overall
index. According to the proposal, the Exchange will permit the listing
and trading of Equity Index-Linked Securities where the underlying
foreign country securities or ADRs, which trade on foreign markets that
are not ISG members or are not otherwise subject to a CSSA agreement
with the Exchange, account for up to 50% of the aggregate dollar weight
of the index, so long as: (i) the securities of any one primary foreign
market which is not an ISG member or does not have a CSSA with the
Exchange do not represent more than 20% of the dollar weight of the
index, and (ii) the securities of any two primary foreign markets which
are not ISG members or do not have a CSSA with the Exchange do not
represent more than 33% of the dollar weight of the index.
Specifically, Section 703.22(C)(I)(1)(b)(vii)(B) will be renumbered to
Section 703.22(C)(I)(1)(b)(v)(B) and will be amended as follows:

    Foreign country securities or ADRs, provided that foreign
country securities or foreign country securities underlying ADRs
having their primary trading market outside the United States on
foreign trading markets that are not members of the Intermarket
Surveillance Group (``ISG'') or parties to comprehensive
surveillance sharing agreements with the Exchange will not in the
aggregate represent more than 50% of the dollar weight of the index,
provided further that:
    (i) the securities of any one such market do not represent more
than 20% of the dollar weight of the index, and
    (ii) the securities of any two such markets do not represent
more than 33% of the dollar weight of the index.
Clarify the Applicability of the Continued Listing Criteria
    Consistent with NYSE Arca Equities Rule 5.2(j)(6)(B)(I)(2)(a), (b)
and (c), the Exchange proposes to clarify (1) that the applicable
continued listing criteria apply unless the Commission has approved
continued trading of the Equity Index-Linked Securities,\18\ and (2)
which initial listing criteria will continuously be maintained.
Specifically, Sections 703.22(C)(I)(2)(a), (b) and (c) will be amended
as follows:
---------------------------------------------------------------------------

    \18\ See Securities and Exchange Release No. 52204 (August 3,
2005), 70 FR 46559 (August 10, 2005) (SR-PCX-2006-63) [sic].

    (a) The Exchange will commence delisting or removal proceedings
(unless the Commission has approved the continued trading of the
subject Index-Linked Security), if any of the initial listing
criteria described in paragraphs (1)(a) and (1)(b)(2) above are not
continuously maintained, except that:
    (b) In connection with an Equity Index-Linked Security that is
listed pursuant to Section 703.22, the Exchange will commence
delisting or removal proceedings (unless the Commission has approved
the continued trading of the subject Index-Linked Security) if an
underlying index or indexes fails to satisfy the maintenance
standards or conditions for such index or indexes as set forth by
the Commission in its order under Section 19(b)(2) of the 1934 Act
approving the index or indexes for the trading of options or other
derivatives.
    (c) The Exchange will also commence delisting or removal
proceedings (unless the Commission has approved the continued
trading of the subject Index-Linked Security), under any of the
following circumstances:
Index Rebalancing After 33\1/3\ Change to Underlying Components and
Greater Than Ten Components Requirement
    Consistent with NYSE Arca Equities Rules, the Exchange proposes to
delete Section 703.22(B)(I)(2)(a)(ii), the continued listing
requirement for Equity Index-Linked Securities that prohibit an index
from increasing or decreasing by 33\1/3\% the number of index
components initially listed and also prohibit an index from having less
than 10 components.\19\
---------------------------------------------------------------------------

    \19\ See Securities and Exchange Release No. 57132 (January 11,
2008), 73 FR 3300 (January 17, 2008) (SR-NYSEArca-2007-125).
---------------------------------------------------------------------------

Index Dissemination Requirements for Foreign Country Securities
    Section 703.22(C)(I)(2)(c)(ii) provides that the Exchange will
commence delisting proceedings of an issue of Equity Index-Linked
Securities (unless the Commission has approved continued trading) if
the value of the index or composite value of the indexes underlying
such issue is no longer calculated or widely disseminated on at least a
15-second basis. Consistent with NYSE Arca Equities Rules
5.2(j)(6)(B)(I)(2)(c)(ii) and 5.2(j)(3), Commentary .01(b)(2) \20\, the
Exchange proposes to amend Section 703.22(C)(I)(2)(c)(ii) to
distinguish between indexes consisting solely of U.S. equity securities
and those consisting of foreign securities or a combination of U.S. and
foreign equity securities. The proposed amendment provides that the
Exchange will commence delisting proceedings if the underlying index
value or values are no longer calculated or widely disseminated on at
least a 15-second basis with respect to an index or indexes containing
only securities listed on a national securities exchange, or at least a
60-second basis with respect to an index or indexes containing foreign
country securities. Specifically, Section 703.22(C)(I)(2)(c)(ii) will
be amended as follows:
---------------------------------------------------------------------------

    \20\ The requirements for Investment Company Units were approved
by the Commission in Securities Exchange Act Release No. 34-55621
(April 12, 2007), 72 FR 19571 (April 18, 2007) (SR-NYSEArca-2006-
86).

    If the value of the index or composite value of the indexes, if
applicable, is no longer calculated or widely disseminated on at
least a 15-second basis with respect to indexes containing only
securities listed on a national securities exchange, or on at least
a 60-second basis with respect to indexes containing foreign country
securities, provided, however, that, if the official index value
does not change during some or all of the period when trading is
occurring on the Exchange (for example, for indexes of foreign
country securities, because of time zone differences or holidays in
the countries where such indexes' component stocks trade) then the
last calculated official index value must remain available
throughout the Exchange's trading hours; or
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) \21\ of the Securities Exchange Act of 1934 (the
``Act''),\22\ in general, and furthers the objectives of Section
6(b)(5) \23\ of the Act in particular in that it is designed 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. The NYSE's listing
requirements for Index-Linked Securities as amended by the proposed
rule change remain at least as stringent as those of any other national
securities exchange and, consequently, the proposed amendment is
consistent with the protection of investors and the public interest.
---------------------------------------------------------------------------

    \21\ 15 U.S.C. 78f(b).
    \22\ 15 U.S.C. 78a.
    \23\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.

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

    No written comments were solicited or received with respect to the
proposed rule change.

III. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NYSE-2009-124 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSE-2009-124. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of NYSE. All comments
received will be posted without change; the Commission does not edit
personal identifying information from submissions. You should submit
only information that you wish to make publicly available. All
submissions should refer to File Number SR-NYSE-2009-124 and should be
submitted on or before January 20, 2010.

IV. Commission's Findings and Order Granting Accelerated Approval of
the Proposed Rule Change

    After careful consideration, the Commission finds that the proposed
rule change is consistent with the requirements of the Act and the
rules and regulations thereunder applicable to a national securities
exchange.\24\ The Commission believes that the proposal is consistent
with Section 6(b)(5) \25\ of the Act in particular in that it is
designed 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.
---------------------------------------------------------------------------

    \24\ In approving this rule change, the Commission notes that it
has considered the proposed rule's impact on efficiency,
competition, and capital formation. See 15 U.S.C. 78c(f).
    \25\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange is proposing to amend provisions of Section 703.22 of
the Listed Company Manual to conform certain provisions with
corresponding provisions in NYSE Arca Equities Rule 5.2(j)(6). As such,
provisions relating to (i) general issuer listing standards; (ii)
limitation on leverage; (iii) 1940 Act securities and underlying equity
indexes; (iv) index weighing criteria and notional volume; (v) index
rebalancing; (vi) capitalization weighted index methologies; (vii)
index standardized option criteria; (viii) aggregate weight of
underlying foreign country securities where these are no comprehensive
surveillance sharing agreements; (ix) the applicability of continued
listing criteria; (x) index rebalancing after 33\1/3\ change to
underlying components, and (xi) index dissemination requirements for
foreign country securities will be amended in a manner consistent with
the corresponding provision in NYSE Arca Equities Rule 5.2(j)(6). The
Commission notes that it has previously approved these changes as made
to NYSE Arca Equities Rule 5.2(j)(6).\26\ The Commission believes that
the NYSE's proposal to amend Section 703.22 of the Listed Company
Manual is consistent with the Act for the reasons contained in the
previous approval orders.\27\ In addition, the Commission also believes
that the technical changes to Section 703.22 of the Listed Company
Manual clarify the format and application of the proposed amendments.
In addition, the Commission believes that the Exchange's amendment to
Section 703.22 of the Listed Company Manual relating to the listing and
trading of Equity Index-Linked Securities should fulfill the intended
objective of Rule 19b-4(e) under the Act \28\ by allowing such
derivative securities products to be listed and traded without separate
Commission approval. The Commission believes that the proposed rule
change should facilitate the listing and trading of additional types of
Equity Index-Linked Securities and reduce the timeframe to bringing
these securities to market.
---------------------------------------------------------------------------

    \26\ See Securities Exchange Act Release Nos. 56637 (October 10,
2007), 72 FR 58704 (October 16, 2007) (SR-NYSEArca-2007-92) (general
issuer listing standards); 59332 (January 30, 2009), 74 FR 6338
(February 6, 2009) (SR-NYSEArca-2008-136) (limitation on leverage);
56879 (December 3, 2007), 72 FR 69271 (December 7, 2007) (SR-
NYSEArca-2007-110) (1940 Act securities and underlying equity
indexes; index standardized option criteria); 58376 (August 18,
2008), 73 FR 49726 (August 22, 2008) (SR-NYSEArca-2008-70) (index
weighing criteria and notional volume; capitalization weighted index
methodologies); 57634 (April 8, 2008), 73 FR 20081 (April 14, 2008)
(SR-NYSEArca-2008-35) (index rebalancing); 59180 (December 30,
2008), 74 FR 754 (January 7, 2009) (SR-NYSEArca-2008-121) (aggregate
weight of underlying foreign country securities where there are no
comprehensive surveillance sharing agreements); 52204 (August 3,
2005), 70 FR 46559 (August 10, 2005) (SR-PCX-2005-63) (applicability
of continued listing criteria); 57132 (January 11, 2008), 73 FR 3300
(January 17, 2008) (SR-NYSEArca-2007-125) (index rebalancing after
33\1/3\ change to underlying components and ten-component minimum);
and 57389 (February 27, 2008) 73 FR 11973 (March 5, 2008) (SR-
NYSEArca-2008-06) (index dissemination requirements for foreign
country securities).
    \27\ Id.
    \28\ 17 CFR 240.19b-4(e).
---------------------------------------------------------------------------

    The Commission also finds good cause, pursuant to Section 19(b)(2)
of the Act,\29\ for approving the proposed rule change prior to the
30th day after the date of publication of notice in the Federal
Register. With this proposal, the Exchange is adopting changes that
have previously been approved by the Commission,\30\ and that will
conform provisions of Section 703.22 of the Listed Company Manual to
corresponding provisions of NYSE Arca Equities Rule 5.2(j)(6). The
Commission does not believe that this proposal raises any novel
regulatory issues. Therefore, the Commission finds good cause,
consistent with Section 19(b)(2) of the Act,\31\ to approve the
proposed rule change on an accelerated basis.
---------------------------------------------------------------------------

    \29\ 15 U.S.C. 78s(b)(2).
    \30\ See supra note 26.
    \31\ 15 U.S.C. 78s(b)(2).

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

V. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\32\ that the proposed rule change (SR-NYSE-2009-124) be, and it
hereby is, approved on an accelerated basis.
---------------------------------------------------------------------------

    \32\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\33\
Florence E. Harmon,
Deputy Secretary.
---------------------------------------------------------------------------

    \33\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

[FR Doc. E9-30948 Filed 12-29-09; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 144 (Friday, July 28, 2023)]
[Notices]
[Page 48945]
[FR Doc No: 2023-15961]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. FAA-2023-1644]

Notice of Intent To Designate as Abandoned Horizon Instruments,
Inc., Supplemental Type Certificate No. SA5842NW

AGENCY: Federal Aviation Administration (FAA) DOT.

ACTION: Notice of intent to designate Horizon Instruments, Inc.,
Supplemental Type Certificate as abandoned; request for comments.

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

SUMMARY: This notice announces the FAA's intent to designate Horizon
Instruments, Inc., Supplemental Type Certificate (STC) No. SA5842NW as
abandoned and make the related engineering data available upon request.
The FAA has received a request to provide engineering data concerning
this STC. The FAA has been unsuccessful in contacting Horizon
Instruments, Inc., concerning the STC. This action is intended to
enhance-aviation safety.

DATES: The FAA must receive all comments by January 24, 2024.

ADDRESSES: You may send comments on this notice by any of the following
methods:
     Federal eRulemaking Portal: Go to regulations.gov. Follow
the instructions for submitting comments.
     Mail: Chuck Ayala, Aviation Safety Engineer, West
Certification Branch, AIR-775, 3960 Paramount Blvd., Suite 100
Lakewood, CA 90712-4137.
     Email: [email protected]. Include ``Docket No. FAA-
2023-1644'' in the subject line of the message.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Chuck Ayala, Aviation Safety Engineer,
AIR-775, FAA; telephone<PHONE_NUMBER>; email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites interested parties to provide comments, written
data, views, or arguments relating to this notice. Send your comments
to an address listed under the ADDRESSES section. Include ``Docket No.
FAA-2023-1644'' at the beginning of your comments. The FAA will
consider all comments received on or before the closing date. All
comments received will be available in the docket for examination by
interested persons.

Background

    The FAA is posting this notice to inform the public of the intent
to designate as abandoned Horizon Instruments, Inc., STC No. SA5842NW
for the installation of an engine electronic digital tachometer,
Horizon Model P-1000, P/N P100070-, in Piper Aircraft PA-28-140, -150,
-151, -160, -161, -180, -181, -235, -236, -201T, R-180, R-200, R-201,
R-201T, RT-201, RT201T, and S-160 series airplanes, and subsequently
release the related engineering data.
    The FAA has received a third-party request for the release of the
aforementioned engineering data under the provisions of the Freedom of
Information Act (FOIA), 5 U.S.C. 552. The FAA cannot release commercial
or financial information under FOIA without the permission of the data
owner. However, in accordance with title 49 of the United States Code
44704(a)(5), the FAA can provide STC ``engineering data'' it possesses
for STC maintenance or improvement, upon request, if the following
conditions are met:
    1. The FAA determines the STC has been inactive for three years or
more;
    2. Using due diligence, the FAA is unable to locate the owner of
record or the owner of record's heir; and
    3. The availability of such data will enhance aviation safety.
    There has been no activity on this STC for more than three years.
    On June 9, 2023, the FAA sent a registered letter to Horizon
Instruments, Inc., at its last known address, 600 S. Jefferson St.,
Unit C, Placentia, CA 92870. The letter was returned, unable to be
forwarded. The letter informed Horizon Instruments, Inc., that the FAA
had received a request for engineering data related to STC No. SA5842NW
and was conducting a due diligence search to determine whether the STC
was inactive and may be considered abandoned. The letter further
requested Horizon Instruments, Inc., to respond in writing within 60
days and state whether it is the holder of the STC. The FAA also
attempted to make contact with Horizon Instruments, Inc., by other
means, including telephone communication and emails, without success.

Information Requested

    If you are the owner or heir or a transferee of STC No. SA5842NW or
have any knowledge regarding who may now hold STC No. SA5842NW, please
contact Chuck Ayala using a method described in this notice under FOR
FURTHER INFORMATION CONTACT. If you are the heir of the owner, or the
owner by transfer, of STC No. SA5842NW, you must provide a notarized
copy of your government-issued identification with a letter and
background establishing your ownership of the STC and, if applicable,
your relationship as the heir to the deceased holder of the STC.

Conclusion

    If the FAA does not receive any response by January 24, 2024, the
FAA will consider STC No. SA5842NW abandoned, and the FAA will proceed
with the release of the requested data. This action is for the purpose
of maintaining the airworthiness of an aircraft and enhancing aviation
safety.

    Issued on July 24, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2023-15961 Filed 7-27-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 239 (Thursday, December 12, 2019)]
[Notices]
[Page 67935]
[FR Doc No: 2019-26762]

=======================================================================
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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER20-528-000]

Lincoln Power, L.L.C.; Supplemental Notice That Initial Market-
Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
Lincoln Power, L.L.C.'s application for market-based rate authority,
with an accompanying rate tariff, noting that such application includes
a request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is December 26, 2019.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
eSubscription link on the website that enables subscribers to receive
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

    Dated: December 6, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2019-26762 Filed 12-11-19; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 85 (Friday, May 2, 2014)]
[Notices]
[Pages 25170-25171]
[FR Doc No: 2014-10147]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Agency Information Collection Activities: Requests for Comments;
Clearance of Renewed Approval of Information Collection: AST Collection
of Voluntary Lessons Learned from External Sources

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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

SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FAA
invites public comments about our intention to request the Office of
Management and Budget (OMB) approval to renew an information
collection. The FAA/AST will collect lessons learned from members of
the commercial space industry in order to carry out the safety
responsibilities in 49 U.S.C. Chapter 701 Section 70103 (c).

DATES: Written comments should be submitted by July 1, 2014.

FOR FURTHER INFORMATION CONTACT: Kathy DePaepe at<PHONE_NUMBER>, or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    OMB Control Number: 2120-0748.
    Title: AST Collection of Voluntary Lessons Learned from External
Sources.
    Form Numbers: There are no FAA forms associated with this
collection.
    Type of Review: Renewal of an information collection.

    Background: The FAA/AST collects lessons learned from members of
the commercial space industry in order to carry out the safety
responsibilities in 49 U.S.C. Chapter 701 Section 70103 (c). These
responsibilities include ``encourage, facilitate, and promote the
continuous improvement of the safety of launch vehicles designed to
carry humans.'' The FAA/AST collects and shares lessons learned between
members of the amateur rocket community, experimental permit holders,
licensed launch and reentry operators, and licensed launch and reentry
site operators to ensure the safe and successful outcome of launch
activities, allowing AST to meet our public safety goals without
creating a regulatory burden.
    Respondents: Approximately 20 members of the commercial space
industry.
    Frequency: Information is collected on occasion.
    Estimated Average Burden per Response: 1 hour.
    Estimated Total Annual Burden: 40 hours.ADDRESSES: Send comments to
the FAA at the following address: Ms. Kathy DePaepe, Room 126B, Federal
Aviation Administration, ASP-110, 6500 S. MacArthur Blvd., Oklahoma
City, OK 73169.
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) Whether the proposed
collection of information is necessary for FAA's performance; (b) the
accuracy of the estimated burden; (c) ways for FAA to enhance the
quality, utility and clarity of the information collection; and (d)
ways that the burden could be minimized without reducing the quality of
the collected information. The agency will summarize and/or include
your comments in the request for OMB's clearance of this information
collection.

    Issued in Washington, DC, on April 28, 2014.
Albert R. Spence,
FAA Assistant Information Collection Clearance Officer, IT Enterprises
Business Services Division, ASP-110.
[FR Doc. 2014-10147 Filed 5-1-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 66 (Friday, April 5, 2019)]
[Rules and Regulations]
[Pages 13551-13554]
[FR Doc No: 2019-06689]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2018-0613; FRL-9991-13]

2-Hydroxypropyl Starch; Exemption From the Requirement of a
Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: This regulation establishes an exemption from the requirement
of a tolerance for residues of 2-hydroxypropyl starch (CAS Reg. No.
9049-76-7) when used as an inert ingredient (adjuvant) on growing crops
only under 40 CFR 180.920. SciReg., Inc., on behalf of Bayer
CropScience Biologics GmbH, submitted a petition to EPA under the
Federal Food, Drug, and Cosmetic Act (FFDCA), requesting an
establishment of an exemption from the requirement of a tolerance. This
regulation eliminates the need to establish a maximum permissible level
for residues of 2-hydroxypropyl starch when used in accordance with the
terms of 40 CFR 180.920.

DATES: This regulation is effective April 5, 2019. Objections and
requests for hearings must be received on or before June 4, 2019, and
must be filed in accordance with the instructions provided in 40 CFR
part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2018-0613, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory
Public Docket (OPP Docket) in the Environmental Protection Agency
Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334,
1301 Constitution Ave. NW, Washington, DC 20460-0001. The Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the OPP
Docket is<PHONE_NUMBER>. Please review the visitor instructions and
additional information about the docket available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Michael L. Goodis, Registration
Division (7505P), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
0001; main telephone number:<PHONE_NUMBER>; email address:
[email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).

B. How can I get electronic access to other related information?

    You may access a frequently updated electronic version of 40 CFR
part 180 through the Government Printing Office's e-CFR site at http://www.ecfr.gov/cgi-bin/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl.

C. How can I file an objection or hearing request?

    Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an
objection to any aspect of this regulation and may also request a
hearing on those objections. You must file your objection or request a
hearing on this regulation in accordance with the instructions provided
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify
docket ID number EPA-HQ-OPP-2018-0613 in the subject line on the first
page of your submission. All objections and requests for a hearing must
be in writing, and must be received by the Hearing Clerk on or before
June 4, 2019. Addresses for mail and hand delivery of objections and
hearing requests are provided in 40 CFR 178.25(b).
    In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing (excluding any Confidential Business Information (CBI)) for
inclusion in the public docket. Information not marked confidential
pursuant to 40 CFR part 2 may be disclosed publicly by EPA without
prior notice. Submit the non-CBI copy of your objection or hearing
request, identified by docket ID number EPA-HQ-OPP-2018-0613, by one of
the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be CBI or other
information whose disclosure is restricted by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html.

Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

II. Petition for Exemption

    In the Federal Register of February 6, 2019 (84 FR 2115) (FRL-9987-
08), EPA issued a document pursuant to FFDCA section 408, 21 U.S.C.
346a, announcing the filing of a pesticide petition (IN-11130) by
SciReg., Inc. (12733 Director's Loop Woodbridge, VA 22192) on behalf of
Bayer CropScience Biologics GmbH (Lukaswiese 4, 23970 Wismar Germany).
The petition requested that 40 CFR 180.920 be amended by establishing
an exemption from the requirement of a tolerance for residues of 2-
hydroxypropyl starch (CAS Reg. No. 9049-76-7) when used as an inert
ingredient (adjuvant) in pesticide formulations applied to growing
crops only. That document referenced a summary of the petition prepared
by SciReg., Inc. on behalf of Bayer CropScience Biologics GmbH, the
petitioner, which is available in the docket, http://www.regulations.gov. There were no comments received in response to the
notice of filing.

III. Inert Ingredient Definition

    Inert ingredients are all ingredients that are not active
ingredients as defined in 40 CFR 153.125 and include, but are not
limited to, the following types of ingredients (except when they have a
pesticidal efficacy of their own): Solvents such as alcohols and
hydrocarbons; surfactants such as polyoxyethylene polymers and fatty
acids; carriers such as clay and diatomaceous earth; thickeners such as
carrageenan and modified cellulose; wetting, spreading, and dispersing
agents; propellants in aerosol dispensers; microencapsulating agents;

and emulsifiers. The term ``inert'' is not intended to imply
nontoxicity; the ingredient may or may not be chemically active.
Generally, EPA has exempted inert ingredients from the requirement of a
tolerance based on the low toxicity of the individual inert
ingredients.

IV. Aggregate Risk Assessment and Determination of Safety

    Section 408(c)(2)(A)(i) of FFDCA allows EPA to establish an
exemption from the requirement for a tolerance (the legal limit for a
pesticide chemical residue in or on a food) only if EPA determines that
the tolerance is ``safe.'' Section 408(c)(2)(A)(ii) of FFDCA defines
``safe'' to mean that ``there is a reasonable certainty that no harm
will result from aggregate exposure to the pesticide chemical residue,
including all anticipated dietary exposures and all other exposures for
which there is reliable information.'' This includes exposure through
drinking water and in residential settings, but does not include
occupational exposure. In making this safety determination, EPA is
directed to consider the factors contained in section 408(b)(2)(C) and
(D). In particular, section 408(b)(2)(C) of FFDCA requires EPA to give
special consideration to exposure of infants and children to the
pesticide chemical residue in establishing a tolerance and to ``ensure
that there is a reasonable certainty that no harm will result to
infants and children from aggregate exposure to the pesticide chemical
residue. . . .''
    EPA establishes exemptions from the requirement of a tolerance only
in those cases where it can be clearly demonstrated that the risks from
aggregate exposure to pesticide chemical residues under reasonably
foreseeable circumstances will pose no appreciable risks to human
health. In order to determine the risks from aggregate exposure to
pesticide inert ingredients, the Agency considers the toxicity of the
inert in conjunction with possible exposure to residues of the inert
ingredient through food, drinking water, and through other exposures
that occur as a result of pesticide use in residential settings. If EPA
is able to determine that a finite tolerance is not necessary to ensure
that there is a reasonable certainty that no harm will result from
aggregate exposure to the inert ingredient, an exemption from the
requirement of a tolerance may be established.
    Consistent with FFDCA section 408(c)(2)(A), and the factors
specified in FFDCA section 408(c)(2)(B), EPA has reviewed the available
scientific data and other relevant information in support of this
action. EPA has sufficient data to assess the hazards of and to make a
determination on aggregate exposure for 2-hydroxypropyl starch
including exposure resulting from the exemption established by this
action. EPA's assessment of exposures and risks associated with 2-
hydroxypropyl starch follows.

A. Toxicological Profile

    EPA has evaluated the available toxicity data and considered their
validity, completeness, and reliability as well as the relationship of
the results of the studies to human risk. EPA has also considered
available information concerning the variability of the sensitivities
of major identifiable subgroups of consumers, including infants and
children. Specific information on the studies received and the nature
of the adverse effects caused by 2-hydroxypropyl starch as well as the
no-observed-adverse-effect-level (NOAEL) and the lowest-observed-
adverse-effect-level (LOAEL) from the toxicity studies are discussed in
this unit.
    Starches for commercial use are generally produced from potatoes,
cereals, or other sources. They are composed of about 20-25% amylose
and 75-80% amylopectin. High-amylose starches typically consist of 50-
80% amylose and 20-50% amylopectin. In modified starches, the chemical
and physical characteristics of the native substances are altered to
improve the functional properties for particular food applications.
    2-Hydroxypropyl starch is made by modifying starch derived from
potatoes, cereals, or other sources with propylene oxide. Subchronic
toxicity studies are available with 2-hydroxypropyl starch. The
remaining studies used to evaluate the toxicity of 2-hydroxypropyl
starch are conducted with various other modified starches similar to 2-
hydroxypropyl starch in structural, physicochemical, and biological
properties. These data are considered appropriate to characterize
potential toxicity due to exposure to 2-hydroxypropyl starch.
    The acute oral toxicity of 2-hydroxypropyl starch is low in various
species such as mice, rats, guinea pigs, rabbits, and cats; the lethal
dose, LD50 is >7,000 milligrams/kilogram (mg/kg). No studies
are available on acute dermal and inhalation toxicity, skin and eye
irritation and dermal sensitization.
    No toxicity is observed at doses as high as 9,000 mg/kg/day
following 90 days of exposure in oral toxicity studies conducted with
2-hydroxypropyl starch in rats.
    Three-generation reproduction toxicity studies conducted with
surrogate modified starches in rats are available for review. Fetal
susceptibility is not observed. No parental, offspring or reproduction
toxicity is seen up to 62% (equivalent to 31,000 mg/kg/day) in rats
treated with modified starches.
    Chronic toxicity and carcinogenicity studies were also conducted
with surrogate modified starches. Reduced body weight is observed at
30% (15,000 mg/kg/day) in a chronic/carcinogenicity study in rats. No
other treatment-related effects or tumors were observed at doses <5,000
mg/kg/day in rats and mice.
    Mutagenicity studies with a surrogate modified starch were
negative. No revertant colonies were observed in an Ames test and no
DNA exchange was observed in a sister chromatid exchange assay.
    Neurotoxicity and immunotoxicity studies are not available for
review; however, no evidence of neurotoxicity or immunotoxicity is
observed in the submitted studies.
    Metabolism studies conducted with a surrogate modified starch,
sodium octenyl succinate (OSA) in rats via oral and intravenous
administration show that these materials are metabolized and excreted
primarily in the urine and feces. Approximately, 10% of unmodified OSA
and 30% tricarboxylic acid of OSA are identified metabolites. In a
metabolism study with puppy and adult dogs treated orally with \14\C-
labelled OSA, the material is metabolized and excreted primarily in the
urine and feces. Unmodified OSA (55.7% and 59.5%) represents the main
metabolite in adult dogs with tricarboxylic acid of OSA representing a
small portion (4.4% and 3.6%). 3.8% and 4.7% of other OSA metabolites
were recovered from the urine. In puppies, OSA (41.8%) and
tricarboxylic acid (10.7%) were identified metabolites. Several in
vitro studies show that many strains of bacteria found in the human
colon can ferment starches.

B. Toxicological Points of Departure/Levels of Concern

    The available toxicity studies indicate that 2-hydroxypropyl starch
has very low overall toxicity. Acute oral toxicity studies show
LD50s above 7,000 mg/kg/day in multiple species. Repeated
dose studies show no toxicity at doses as high as 4,500 mg/kg/day, 4.5
times the limit dose of 1,000 mg/kg/day. Since no toxicity is observed,
an endpoint of concern for risk assessment purposes was not identified.

C. Exposure Assessment

    1. Dietary exposure from food and feed uses. In evaluating dietary
exposure to 2-hydroxypropyl starch, EPA considered exposure under the
proposed exemption from the requirement of a tolerance. EPA assessed
dietary exposures from 2-hydroxypropyl starch in food as follows:
    Dietary exposure (food and drinking water) to 2-hydroxypropyl
starch may occur following ingestion of foods with residues from
treated crops. However, a quantitative dietary exposure assessment was
not conducted since a toxicological endpoint for risk assessment was
not identified.
    2. Dietary exposure from drinking water. Since a hazard endpoint of
concern was not identified for the acute and chronic dietary
assessment, a quantitative dietary exposure risk assessment for
drinking water was not conducted, although exposures may be expected
from use on food crops.
    3. From non-dietary exposure. The term ``residential exposure'' is
used in this document to refer to non-occupational, non-dietary
exposure (e.g., textiles (clothing and diapers), carpets, swimming
pools, and hard surface disinfection on walls, floors, tables).
    2-hydroxypropyl starch may be used in pesticide products and non-
pesticide products that may be used in and around the home. Based on
the discussion above, a quantitative residential exposure assessment
for 2-hydroxypropyl starch was not conducted.
    4. Cumulative effects from substances with a common mechanism of
toxicity. Section 408(b)(2)(D)(v) of FFDCA requires that, when
considering whether to establish, modify, or revoke a tolerance, the
Agency consider ``available information'' concerning the cumulative
effects of a particular pesticide's residues and ``other substances
that have a common mechanism of toxicity.''
    Based on the available data, 2-hydroxypropyl starch does not have a
toxic mechanism; therefore, section 408(b)(2)(D)(v) does not apply.

D. Safety Factor for Infants and Children

    Based on the lack of threshold effects, EPA has not identified any
toxicological endpoints of concern and is conducting a qualitative
assessment of 2-hydroxypropyl starch. That qualitative assessment does
not use safety factors for assessing risk, and no additional safety
factor is needed for assessing risk to infants and children. Based on
an assessment of 2-hydroxypropyl starch, EPA has concluded that there
are no toxicological endpoints of concern for the U.S. population,
including infants and children.

E. Aggregate Risks and Determination of Safety

    Because no toxicological endpoints of concern were identified, EPA
concludes that aggregate exposure to residues of 2-hydroxypropyl starch
will not pose a risk to the U.S. population, including infants and
children, and that there is a reasonable certainty that no harm will
result to the general population, or to infants and children from
aggregate exposure to 2-hydroxypropyl starch residues.

V. Other Considerations

Analytical Enforcement Methodology

    An analytical method is not required for enforcement purposes since
the Agency is establishing an exemption from the requirement of a
tolerance without any numerical limitation.

VI. Conclusions

    Therefore, an exemption from the requirement of a tolerance is
established under 40 CFR 180.920 for 2-hydroxypropyl starch (CAS Reg.
No. 9049-76-7) when used as an inert ingredient (adjuvant) in pesticide
formulations applied to growing crops only.

VII. Statutory and Executive Order Reviews

    This action establishes a tolerance exemption under FFDCA section
408(d) in response to a petition submitted to the Agency. The Office of
Management and Budget (OMB) has exempted these types of actions from
review under Executive Order 12866, entitled ``Regulatory Planning and
Review'' (58 FR 51735, October 4, 1993). Because this action has been
exempted from review under Executive Order 12866, this action is not
subject to Executive Order 13211, entitled ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355, May 22, 2001) or Executive Order 13045, entitled
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), nor is it considered a
regulatory action under Executive Order 13771, entitled ``Reducing
Regulations and Controlling Regulatory Costs'' (82 FR 9339, February 3,
2017). This action does not contain any information collections subject
to OMB approval under the Paperwork Reduction Act (PRA) (44 U.S.C. 3501
et seq.), nor does it require any special considerations under
Executive Order 12898, entitled ``Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations'' (59 FR 7629, February 16, 1994).
    Since tolerances and exemptions that are established on the basis
of a petition under FFDCA section 408(d), such as the tolerance
exemption in this final rule, do not require the issuance of a proposed
rule, the requirements of the Regulatory Flexibility Act (RFA) (5
U.S.C. 601 et seq.), do not apply.
    This action directly regulates growers, food processors, food
handlers, and food retailers, not States or tribes, nor does this
action alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of FFDCA section 408(n)(4). As such, the Agency has determined that
this action will not have a substantial direct effect on States or
tribal governments, on the relationship between the national government
and the States or tribal governments, or on the distribution of power
and responsibilities among the various levels of government or between
the Federal Government and Indian tribes. Thus, the Agency has
determined that Executive Order 13132, entitled ``Federalism'' (64 FR
43255, August 10, 1999) and Executive Order 13175, entitled
``Consultation and Coordination with Indian Tribal Governments'' (65 FR
67249, November 9, 2000) do not apply to this action. In addition, this
action does not impose any enforceable duty or contain any unfunded
mandate as described under Title II of the Unfunded Mandates Reform Act
(UMRA) (2 U.S.C. 1501 et seq.).
    This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) (15 U.S.C. 272 note).

VIII. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
EPA will submit a report containing this rule and other required
information to the U.S. Senate, the U.S. House of Representatives, and
the Comptroller General of the United States prior to publication of
the rule in the Federal Register. This action is not a ``major rule''
as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides

and pests, Reporting and recordkeeping requirements.

    Dated: March 21, 2019.
Donna Davis,
Acting Director, Registration Division, Office of Pesticide Programs.

    Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

0
1. The authority citation for part 180 continues to read as follows:

    Authority: 21 U.S.C. 321(q), 346a and 371.

0
2. In Sec.  180.920, add alphanumerically the inert ingredient ``2-
hydroxypropyl starch (CAS Reg. No. 9049-76-7)'' to the table to read as
follows:

Sec.  180.920   Inert ingredients used pre-harvest; exemptions from the
requirement of a tolerance.

------------------------------------------------------------------------
       Inert ingredients                Limits               Uses
------------------------------------------------------------------------

                              * * * * * * *
2-Hydroxypropyl starch (CAS      ...................  Adjuvant.
 Reg. No. 9049-76-7).

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

[FR Doc. 2019-06689 Filed 4-4-19; 8:45 am]
 BILLING CODE 6560-50-P


RFS Independent Third Party Mass Balance (RFS2400): Instructions for Completing

Who must report
   * All independent third-party auditors that verify RINs beginning on September 16, 2014.
Reporting requirements
   * Complete this report representing all mass and energy balances calculated as a single entry for the compliance quarter.
   * 40 CFR 80.1451(g)(2) sets forth the additional reporting requirements (available at: http://www.ecfr.gov/cgi-bin/text-idx?SID=354294fee688f6d54979e2638c0decf5&node=se40.17.80_11451&rgn=div8).
   * Required fields and NA values  -  Certain report fields or parameters may be specific to select product types. If a report field does not apply to the reported batch, enter the value "NA". Do not leave the field blank.
Reporting deadlines
   * Independent third-party auditors shall report on a quarterly basis:
                          Production Calendar Quarter
                              Time Period Covered
                           Quarterly Report Deadline
Quarter 1
January 1  -  March 31
June 1
Quarter 2
April 1  -  June 30
September 1
Quarter 3
July 1  -  September 30
December 1
Quarter 4
October 1  -  December 31
March 31

How to submit reports
   * EPA maintains report templates, electronic submission procedures and additional support options at http://www.epa.gov/otaq/fuels/reporting/cdx.htm.

Field Instructions
Field No.
Field Name
Units
Field Formats, Codes & Special Instructions
1
Report Form ID

AAAAAA; Character.
Enter RFS2400
2
Report Type

A; Character. Specify if the data submitted in this report is original or if it is being resubmitted. Submit only one original report; any corrections or updates should be marked as a resubmission.
O = Original
R = Resubmission
3
CBI

A; Character. Specify if the data contained within the report is claimed as Confidential Business Information (CBI) under 40 CFR Part 2, subpart B:
Y = Confidential Business Information
N = Non-Confidential Business Information
4
Report Date

MM/DD/YYYY; Character. Enter the date the original or resubmitted report is created.
5
Compliance Period Year

YYYY; Character. Enter the averaging/compliance year the report covers.
6
Compliance Period Quarter

AA; Character. Enter the quarter under the compliance year this report covers:

Q1:     Quarter 1 (January  -  March)
Q2:     Quarter 2 (April  -  June)
Q3:     Quarter 3 (July  -  September)
Q4:     Quarter 4 (October  -  December)
7
Independent Third-Party Auditor Company ID

AAAA; Character. Enter the EPA assigned four-character ID for the Independent Third Party Auditor.
8
Independent Third-Party Auditor Company Name

AAAA...; Character. Enter the registered name of the Independent Third-Party Auditor
9
Verified Renewable Fuel Producer Company Name

AAAA...; Character. Enter the registered name of the renewable fuel producer audited under an approved QAP under 80.1469.
10
Verified Renewable Fuel Producer Company ID

AAAA; Character. Enter the four digit company ID of the renewable fuel producer audited under an approved QAP under 80.1469.
11
Verified Renewable Fuel Producer Facility ID

AAAAA; Character. Enter the five digit facility ID of the renewable fuel production facility audited under an approved QAP under 80.1469.
12
Feedstock (value)

999999999999; Number. Enter the total numerical value of feedstock used as an input in the production process.
13
Feedstock (unit)

AAAAAA; Character (25 character limit) Enter the unit of measure specific to the feedstock value.
14
Chemicals (value)

999999999999; Number. Enter the total numerical value of chemicals used as an input in the production process.
15
Chemicals (unit)

AAAAAA; Character (25 character limit) Enter the unit of measure specific to the chemicals value. If none, enter "NA".
16
Others (value)

999999999999; Number. Enter the total numerical value of other substance/material used which is not accounted for under the feedstock or chemical totals, as an input in the production process.
17
Others (unit)

AAAAAA; Character (25 character limit) Enter the unit of measure specific to the other substance/material used as an input in the production process. If none, enter "NA".
18
Fuel Produced (value)

999999999999; Number. Enter the total amount of renewable fuel produced
19
Fuel Produced (unit)

AAAAAA; Character (25 character limit) Enter the unit of measure specific to the amount of renewable fuel produced.
20
Co-Products (value)

999999999999; Number. Enter the total amount of co-products produced.
21
Co-Products (unit)

AAAAAA; Character (25 character limit) Enter the unit of measure specific to the co-products produced. If none, enter "NA".
22
Waste Material (value)

999999999999; Number. Enter the total amount of waste material.
23
Waste Material (unit)

AAAAAA; Character (25 character limit) Enter the unit of measure specific to the waste material. If none, enter "NA".
24
Other (value)

999999999999; Number. Enter the total amount of other substances produced not accounted for under the other outputs.
25
Other (unit)

AAAAAA; Character (25 character limit) Enter the unit of measure specific to other substances produced. If none, enter "NA".
26
Purchased Electricity (value)

999999999999; Number. Enter the total amount of purchased electricity used as an energy input.
27
Purchased Electricity (unit)

AAAAAA; Character (25 character limit). Enter the unit of measure specific to purchased electricity. If none, enter "NA".
28
Purchased Steam or Hot Water (value)

999999999999; Number. Enter the total amount of purchased steam or hot water used as an energy input.
29
Purchased Steam or Hot Water (unit)

AAAAAA; Character (25 character limit). Enter the unit of measure specific to purchased steam or hot water. If none, enter "NA".
30
Coal (value)

999999999999; Number. Enter the total amount of coal used as an energy input.
31
Coal (unit)

AAAAAA; Character (25 character limit). Enter the unit of measure to specific to coal used as an energy input. If none, enter "NA".
32
Natural Gas (value)

999999999999; Number. Enter the total amount of natural gas used as an energy input.
33
Natural Gas (unit)

AAAAAA; Character (25 character limit). Enter the unit of measure specific to natural gas used as an energy input. If none, enter "NA".
34
Diesel (value)

999999999999; Number. Enter the total amount of diesel used as an energy input.
35
Diesel (unit)

AAAAAA; Character (25 character limit). Enter the unit of measure specific to diesel used as an energy input. If none, enter "NA".
36
CHP (value)

999999999999; Number. Enter the total amount of CHP used as an energy input.
37
CHP (unit)

AAAAAA; Character (25 character limit). Enter the unit of measure specific to CHP used as an energy input. If none, enter "NA".
38
Other (value)

999999999999; Number. Enter the total amount of other substance material used that was not accounted for under the other energy inputs. If none, enter "NA".
39
Other (unit)

AAAAAA; Character (25 character limit). Enter the unit of measure specific to other substance material used as an energy input.
40
Excess Electricity Generated (value)

999999999999; Number. Enter the total amount of excess electricity generated as an output of the production process. If none, enter "NA".
41
Excess Electricity Generated (unit)

AAAAAA; Character (25 character limit). Enter the unit of measure specific to the amount of excess electricity generated. If none, enter "NA".
42
Other (value)

999999999999; Number. Enter the total amount of other energy outputs not accounted for under excess electricity generated.
43
Other (unit)

AAAAAA; Character (25 character limit). Enter the unit of measure specific to the total amount of other energy outputs. If none, enter "NA".
44
Comment

AAA...; Character (500 character limit). Optional field, enter any comments or additional information on calculations as needed.

                       Paperwork Reduction Act Statement
The public reporting and recordkeeping burden for this collection of information is disclosed in the estimates of the individual report form instructions. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques to the Director, Collection Strategies Division, U.S. Environmental Protection Agency (2822), 1200 Pennsylvania Ave., NW, Washington, D.C. 20460. Include the OMB control number in any correspondence. Do not send the completed form to this address.