[Federal Register Volume 75, Number 227 (Friday, November 26, 2010)]
[Rules and Regulations]
[Pages 72727-72734]
[FR Doc No: 2010-29627]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 372

[EPA-HQ-TRI-2010-0006; FRL-9231-5]
RIN 2025-AA28

Addition of National Toxicology Program Carcinogens; Community
Right-to-Know Toxic Chemical Release Reporting

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is adding 16 chemicals to the list of toxic chemicals
subject to reporting under section 313 of the Emergency Planning and
Community Right-to-Know Act (EPCRA) of 1986 and section 6607 of the
Pollution Prevention Act of 1990 (PPA). These 16 chemicals have been
classified by the National Toxicology Program in their Report on
Carcinogens as ``reasonably anticipated to be a human carcinogen.'' EPA
has determined that these 16 chemicals meet the EPCRA section
313(d)(2)(B) criteria because they can reasonably be anticipated to
cause cancer in humans.

DATES: This final rule is effective November 30, 2010, and shall apply
for the reporting year beginning January 1, 2011 (reports due July 1,
2012).

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-HQ-TRI-2010-0006. All documents in the docket are listed in the
http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the OEI Docket, EPA/
DC, EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC.
This Docket Facility 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
OEI Docket is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Daniel R. Bushman, Environmental
Analysis Division, Office of Information Analysis and Access (2842T),
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax number: 202-
566-0677; e-mail<EMAIL_ADDRESS>for specific information on
this notice. For general information on EPCRA section 313, contact the
Emergency Planning and Community Right-to-Know Hotline, toll free at
(800) 424-9346 or<PHONE_NUMBER> in Virginia and Alaska or toll free,
TDD<PHONE_NUMBER>, http://www.epa.gov/epaoswer/hotline/.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this notice apply to me?

    You may be potentially affected by this action if you manufacture,
process, or otherwise use any of the chemicals included in this final
rule. Potentially affected categories and entities may include, but are
not limited to:

------------------------------------------------------------------------
                                      Examples of potentially affected
             Category                             entities
------------------------------------------------------------------------
Industry..........................  Facilities included in the following
                                     NAICS manufacturing codes
                                     (corresponding to SIC codes 20
                                     through 39): 311*, 312*, 313*,
                                     314*, 315*, 316, 321, 322, 323*,
                                     324, 325*, 326*, 327, 331, 332,
                                     333, 334*, 335*, 336, 337*, 339*,
                                     111998*, 211112*, 212324*, 212325*,
                                     212393*, 212399*, 488390*, 511110,
                                     511120, 511130, 511140*, 511191,
                                     511199, 512220, 512230*, 519130*,
                                     541712*, or 811490*.
                                    * Exceptions and/or limitations
                                     exist for these NAICS codes.
                                    Facilities included in the following
                                     NAICS codes (corresponding to SIC
                                     codes other than SIC codes 20
                                     through 39): 212111, 212112, 212113
                                     (correspond to SIC 12, Coal Mining
                                     (except 1241)); or 212221, 212222,
                                     212231, 212234, 212299 (correspond
                                     to SIC 10, Metal Mining (except
                                     1011, 1081, and 1094)); or 221111,
                                     221112, 221113, 221119, 221121,
                                     221122, 221330 (Limited to
                                     facilities that combust coal and/or
                                     oil for the purpose of generating
                                     power for distribution in commerce)
                                     (correspond to SIC 4911, 4931, and
                                     4939, Electric Utilities); or
                                     424690, 425110, 425120 (Limited to
                                     facilities previously classified in
                                     SIC 5169, Chemicals and Allied
                                     Products, Not Elsewhere
                                     Classified); or 424710 (corresponds
                                     to SIC 5171, Petroleum Bulk
                                     Terminals and Plants); or 562112
                                     (Limited to facilities primarily
                                     engaged in solvent recovery
                                     services on a contract or fee basis
                                     (previously classified under SIC
                                     7389, Business Services, NEC)); or
                                     562211, 562212, 562213, 562219,
                                     562920 (Limited to facilities
                                     regulated under the Resource
                                     Conservation and Recovery Act,
                                     subtitle C, 42 U.S.C. 6921 et seq.)
                                     (correspond to SIC 4953, Refuse
                                     Systems).
Federal Government................  Federal facilities.
------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be affected by this
action. Some of the entities listed in the table have exemptions and/or
limitations regarding coverage, and other types of entities not listed
in the table could also be affected. To determine whether your facility
would be affected by this action, you should carefully examine the
applicability criteria in part 372 subpart B of Title 40 of the Code of
Federal Regulations. If you have questions regarding the applicability
of this action to a particular entity, consult the person listed in the
preceding FOR FURTHER INFORMATION CONTACT section.

II. Introduction

A. What is the statutory authority for this final rule?

    This rule is issued under EPCRA section 313(d) and section 328, 42
U.S.C. 11023 et seq. EPCRA is also referred to as Title III of the
Superfund Amendments and Reauthorization Act of 1986.

B. What is the background for this action?

    Section 313 of EPCRA, 42 U.S.C. 11023, requires certain facilities
that manufacture, process, or otherwise use listed toxic chemicals in
amounts above reporting threshold levels to report their environmental
releases and other waste management quantities of such chemicals
annually. These facilities must also report pollution prevention and
recycling data for such chemicals, pursuant to section 6607 of the PPA,
42 U.S.C. 13106. Congress established an initial list of toxic
chemicals that comprised more than 300 chemicals and 20 chemical
categories.
    EPCRA section 313(d) authorizes EPA to add or delete chemicals from
the list and sets criteria for these actions. EPCRA section 313(d)(2)
states that EPA may add a chemical to the list if any of the listing
criteria in Section 313(d)(2) are met. Therefore, to add a chemical,
EPA must demonstrate that at least one criterion is met, but need not
determine whether any other criterion is met. Conversely, to remove a
chemical from the list, EPCRA section 313(d)(3) dictates that EPA must
demonstrate that none of the listing criteria in Section 313(d)(2) are
met. The EPCRA section 313(d)(2) criteria are:
    (A) The chemical is known to cause or can reasonably be anticipated
to cause significant adverse acute human health effects at
concentration levels that are reasonably likely to exist beyond
facility site boundaries as a result of continuous, or frequently
recurring, releases.
    (B) The chemical is known to cause or can reasonably be anticipated
to cause in humans--
    (i) cancer or teratogenic effects, or
    (ii) serious or irreversible--
    (I) reproductive dysfunctions,
    (II) neurological disorders,
    (III) heritable genetic mutations, or
    (IV) other chronic health effects.
    (C) The chemical is known to cause or can be reasonably anticipated
to cause, because of
    (i) its toxicity,
    (ii) its toxicity and persistence in the environment, or
    (iii) its toxicity and tendency to bioaccumulate in the
environment, a significant adverse effect on the environment of
sufficient seriousness, in the judgment of the Administrator, to
warrant reporting under this section.
    EPA often refers to the section 313(d)(2)(A) criterion as the
``acute human health effects criterion;'' the section 313(d)(2)(B)
criterion as the ``chronic human health effects criterion;'' and the
section 313(d)(2)(C) criterion as the ``environmental effects
criterion.''
    EPA has published in the Federal Register of November 30, 1994 (59
FR 61432) a statement clarifying its interpretation of the section
313(d)(2) and (d)(3) criteria for modifying the section 313 list of
toxic chemicals.

III. Summary of Proposed Rule

A. What chemicals did EPA propose to add to the EPCRA section 313 list
of toxic chemicals?

    As discussed in the proposed rule (75 FR 17333, April 6, 2010) EPA
proposed to add 16 chemicals to the EPCRA section 313 list of toxic
chemicals. These 16 chemicals had been classified as ``Reasonably
Anticipated To Be Human Carcinogen'' by the National Toxicology Program
(NTP) in their 11th Report on Carcinogens (RoC) document. In addition,
based on a review of the available production and use information, EPA
determined that these 16 chemicals are expected to be manufactured,
processed, or otherwise used in quantities that would exceed the EPCRA
section 313 reporting thresholds. The NTP is an interagency program
within the Department of Health and Human Services (DHHS) headquartered
at the National Institute of Environmental Health Sciences (NIEHS) of
the National Institutes of Health (NIH). As part of their cancer
evaluation work, the NTP periodically publishes the RoC document which
contains cancer classifications from the NTP's most recent chemical
evaluations as well as the classifications from previous versions of
the RoC. There is an extensive review process for the RoC which
includes evaluations by scientists from the NTP, other Federal health
research and regulatory agencies (including EPA), and nongovernmental
institutions. The RoC review process also includes external peer review
and several opportunities for public comment.

B. What was EPA's rationale for proposing to list the NTP carcinogens?

    As EPA stated in the proposed rule (75 FR 17334, April 6, 2010),
the NTP RoC document undergoes significant scientific review and public
comment and mirrors the review EPA has historically done to assess
chemicals for listing under EPCRA section 313 on the basis of
carcinogenicity. The conclusions regarding the potential for chemicals
in the NTP RoC to cause cancer in humans are based on established sound
scientific principles. EPA believes that the NTP RoC is an excellent
and reliable source of information on the potential for chemicals
covered therein to cause cancer in humans. Based on EPA's review of the
data contained in the 11th NTP RoC (Ref. 1) for the 16 chemicals, the
Agency agreed that the chemicals can reasonably be anticipated to cause
cancer. Therefore, EPA determined that the evidence was sufficient for
listing all of the chemicals in the proposed rule on the EPCRA section
313 toxic chemical list pursuant to EPCRA section 313(d)(2)(B) based on
the available carcinogenicity data for the chemicals as presented in
the 11th RoC (Ref. 2).

IV. Summary of Final Rule

    EPA is finalizing the addition of the 16 chemicals to the EPCRA
section 313 list of toxic chemicals. This final rule contains no
changes to the list of chemicals EPA included in the proposed rule. EPA
has determined that each of these 16 chemicals meets the listing
criteria under EPCRA section 313(d)(2)(B). The chemicals being added as
individual chemical listings on the EPCRA section 313 list in this
final rule include the following: 1-amino-2,4-dibromoanthraquinone;
2,2-bis(bromomethyl)-1,3-propanediol; furan; glycidol; isoprene;
methyleugenol; o-nitroanisole; nitromethane; phenolphthalein;
tetrafluoroethylene; tetranitromethane; and vinyl fluoride. In
addition, the following chemicals are being added to the EPCRA section
313 chemical category for polycyclic aromatic compounds (PACs): 1,6-
dinitropyrene; 1,8-dinitropyrene; 6-nitrochrysene; and 4-nitropyrene.
The PACs category is a category of persistent, bioaccumulative, toxic
(PBT) chemicals and as such has a lower reporting threshold of 100
pounds (40 CFR 372.28(a)(2)).

V. What comments did EPA receive on the Proposed Rule and what are
EPA's responses to those comments?

    EPA received nine comments on the proposed rule to add the 16 NTP
carcinogens to the EPCRA section 313 list. Seven of the comments were
supportive of EPA's proposed listings while two comments contained
objections to the addition of these chemicals. The commenters that
supported the proposed rule included; five individuals, OMB Watch, and
PT AirWatchers. The two commenters that did not support the proposed
rule were the Chemical Products Corporation and the International
Institute of Synthetic Rubber Producers. The most significant comments
are summarized and responded to below. The complete set of comments and
EPA's responses can be found in the response to comment document in the
docket for this rulemaking (Ref. 3).
    The Chemical Products Corporation provided extensive comments on
their review of the NTP technical report on anthraquinone, a chemical
that was not included in those EPA proposed to list. The comments
documented the issues and problems they believe exist with that
technical report and their attempts to have the report revised. Their
issues primarily concerned the identity of the materials tested. Based
on their review and experience with NTP technical report for
anthraquinone, the commenter believes that the NTP technical reports
that were a primary basis for the NTP classification of the chemicals
in the proposed rule as ``reasonably anticipated to be a human
carcinogen'' should not be relied upon by EPA for making decisions
regarding the addition of chemicals to the EPCRA section 313 toxic
chemical list. The commenter also suggested that EPA rely on the
International Agency for Research on Cancer (IARC) Group 2A list (i.e.,
chemicals classified as probably carcinogenic to humans) and add only
those chemicals which have IARC Group 2A classifications. That would
include two chemicals, glycidol and vinyl fluoride out of the 16 at
issue in this action.
    EPA notes that the commenter is questioning the validity of an NTP
technical report that is unrelated to any of the chemicals that EPA
proposed for listing. The report in question concerns anthraquinone, a
chemical that was not the subject of the proposed rule, is not on the
EPCRA section 313 list of toxic chemicals, and is not classified as a
carcinogen in the NTP's 11th Report on Carcinogens. The commenter
believes that the scientific validity of all of the NTP technical
reports is questionable because of problems they have with one of the
NTP technical reports. As this report is outside the scope of the
proposed rule, EPA is not addressing the specific issues the commenter
has with the report or the NTP's responses to the commenter. EPA does
not believe that issues raised about one NTP technical report mean that
the scientific validity of all NTP technical reports should be in
question. As EPA discussed in the proposed rule, the NTP review process
for the Report on Carcinogens is extensive and includes both peer
review and public comment (75 FR 17335, April 6, 2010). In addition, as
discussed in the proposed rule (75 FR 17336, April 6, 2010), EPA
reviewed the NTP chemical profiles and supporting materials for each
chemical proposed for listing. The commenter has provided no data that
would suggest that the NTP reports for the 16 chemicals being added to
the EPCRA section 313 list are flawed or any data that would suggest
the chemicals do not meet the EPCRA section 313(d)(2)(B) listing
criteria. The Agency finds no specific basis to question any of the NTP
documents used to support the listing of the 16 chemicals included in
this rule based on these comments.
    Regarding the commenter's suggestion that EPA only add those
chemicals that have been classified as Group 2A (probably carcinogenic
to humans) by IARC, EPA notes that the scientific data for a number of
chemicals classified as Group 2B (possibly carcinogenic to humans)
under IARC has been found to be sufficient to support listing under
EPCRA section 313 (see for example, 59 FR 1788, January 12, 1994).
These determinations were the result of a case-by-case analysis of the
available cancer data, they were not based solely on the IARC cancer
classification. Thus, EPA would not limit the listing of carcinogens to
only chemicals with IARC Group 2A classifications. Even for IARC 2A
classified chemicals, EPA would review the available cancer data before
making an EPCRA section 313 listing determination.
    The International Institute of Synthetic Rubber Producers, Inc.
(IISRP) stated that they found that overall there are no factual
inaccuracies in EPA's toxicology summaries, but that there were
interpretations of the data they believed should be noted, plus certain
environmental data which they thought should be included in the record.
The IISRP noted that the proposed rule refers to similarities between
isoprene and butadiene and stated that isoprene also differs from 1,3-
butadiene in that for isoprene, there have been no elevations in thymic
lymphoma in exposed mice at any concentrations tested. The commenter
stated that the absence of this response in mice with isoprene is
noteworthy since the basis of butadiene's IARC Group1 classification

is all hemolytic organs (which the commenter stated would include
lymphomas). The commenter stated that the various other tumor types
occurring with isoprene or butadiene in mice are not seen in
epidemiology studies of butadiene-exposed populations. The commenter
also stated that there were no elevations in tumors found in mice at
the lowest exposure tested (10 ppm; 28 mg/m\3\) and this coupled with
the fact that isoprene is produced endogenously in humans suggests that
there is a threshold for such a response. The commenter stated that
this information supports the IARC 2B categorization of isoprene as a
``possible'' human carcinogen rather than the ``reasonably
anticipated'' categorization by NTP, which triggers the TRI listing.
    The IISRP also stated that EPA omitted certain environmental data
that should be included in the record. The commenter stated that IARC
notes that isoprene occurs in the environment as emissions from
vegetation, particularly from deciduous forests. The commenter cited
sources that state that isoprene is the dominant hydrocarbon released
by vegetation in most ecosystems. The commenter also cited sources that
state that isoprene release by vegetation, particularly trees, exceeds
anthropogenic hydrocarbon release to the atmosphere. The commenter
stated that isoprene has also been found in tobacco smoke, gasoline,
turbine and automobile exhaust and in emissions from wood pulping,
biomass combustion and rubber abrasion.
    EPA disagrees with the IISRP that EPA should use the IARC
``possible'' human carcinogen classification for isoprene rather than
the ``reasonably anticipated'' categorization by NTP. Since isoprene is
an analog of 1,3-butadiene, the NTP provided data on 1,3-butadiene
under the section on ``Additional Information Relevant to
Carcinogenicity'' (Ref. 4). The commenter pointed out differences
between isoprene and butadiene, however, the NTP also recognizes that
there are differences in the data for isoprene and 1,3-butadiene as
evidenced by the NTP's classification of 1,3-butadiene as a ``known to
be a human carcinogen'' (Ref. 2). For isoprene, the NTP found evidence
of tumor formation at multiple organ sites in multiple species of
experimental animals (Ref. 4). Nothing in the commenter's statements
leads EPA to believe that isoprene is not correctly classified by NTP
as ``reasonably anticipated to be a human carcinogen'' or that the data
underlying that classification suggests the isoprene does not meet the
EPCRA section 313(d)(2)(B) listing criteria.
    EPA also disagrees with IISRP's characterization that the NTP
classification is a trigger for TRI listing. According to EPCRA Sec.
313(d)(2), a chemical may be added to the TRI list if it ``is known to
cause or can reasonably be anticipated to cause in humans cancer.''
Particular listings by scientific bodies, such as the NTP, are useful
in determining whether that standard has been met but are not
necessarily triggers for listing under EPCRA. EPA does not take an IARC
Group 2B classification to automatically mean that a chemical would not
meet the EPCRA section 313 listing criteria. EPA again notes that in
previous EPCRA section 313 listing decisions, the scientific data for a
number of chemicals classified as Group 2B (possibly carcinogenic to
humans) under the IARC has been found to be sufficient to support
listing under EPCRA section 313 (see for example potassium bromate,
sodium o-phenylphenoxide, and other chemicals in 59 FR 1788, January
12, 1994). These determinations were the result of a case-by-case
analysis of the available cancer data; they were not based solely on
the IARC cancer classification. Thus, EPA would not limit the listing
of carcinogens to only chemicals with IARC Group 2A classifications.
Even for IARC 2A classified chemicals, EPA would review the available
cancer data before making a listing determination.
    The environmental data that the commenter suggests is missing from
the rulemaking record actually is discussed in detail in the supporting
documents cited in the proposed rule. For example, reference number 13
in the proposed rule (Ref. 4 in today's final rule) contains the
following discussion:

Exposure

    Isoprene is formed endogenously in humans and is generally the
major hydrocarbon (up to 70% in human breath) (Gelmont et al. 1981).
Concentrations in blood range from 15 to 70 nmol/L (1.0 to 4.8
[mu]g/L) (Cailleux et al. 1992). Humans produce isoprene
endogenously at a rate of 0.15 [mu]mol/kg/h, equivalent to
approximately 17 mg/day for a 150-lb (70-kg) person (Taalman 1996).
Endogenous production rates reported for rats and mice are 1.9 and
0.4 [mu]mol/kg/h, respectively (Peter et al. 1987). Ambient air
concentrations of isoprene are generally less than 10 ppb or
approximately 0.03 mg isoprene/m3. Based on estimated human intake
of 15 to 20 m\3\ air per day, ambient air would contribute less than
0.45 to 0.6 mg/day to daily isoprene exposure.

    NIOSH collected data on potential exposure to isoprene in the
National Occupational Hazard Survey (NOHS) from 1972 to 1974 (NIOSH
1976) and in the National Occupational Exposure Survey (NOES) from 1981
to 1983 (NIOSH 1990). The first survey (NIOSH 1976) indicated that
58,000 employees in over 30 different industries were potentially
exposed to isoprene. The more limited later survey of six industries
showed that approximately 3,700 workers were potentially exposed to
isoprene between 1981 and 1983 (NIOSH 1990). Isoprene is emitted from
plants and trees and is widely present in the environment at low
concentrations (Taalman 1996). Isoprene global emissions, estimated at
175 to 503 million Mg per year, represent approximately 44 to 51% of
total global natural volatile organic compound emissions (Guenther et
al. 1995). The average biogenic emission rate factor for isoprene in
the United States is approximately 3 mg/m2/h. Isoprene concentrations
in biogenic emissions range from 8% to 91% of total VOCs, with a 58%
average. Since isoprene biosynthesis is associated with photosynthesis,
isoprene emissions are negligible at night (Guenther et al. 1994). The
south central and southeastern areas of the United States have the
highest biogenic emissions. Summertime isoprene emissions are highest
in each region and account for more than 50% of annual biogenic
emissions (Lamb et al. 1993).
    Sources of anthropogenic releases of isoprene to the atmosphere
include ethylene production by cracking naphtha, wood pulping, oil
fires, wood-burning stoves and fireplaces, other biomass combustion,
tobacco smoking (3,100 [mu]g/cigarette), gasoline, and exhaust of
turbines and automobiles (HSDB 2000).
    Reported U.S. ambient air concentrations of isoprene range from
0.003 to 0.06 mg/m\3\ (1 to 21 ppb), with isoprene representing less
than 10% of NMHCs (Arnts and Meeks 1980, Altschuller 1983, Lawrimore
and Aneja 1997, Hagerman et al. 1997). During stagnation conditions,
biogenic hydrocarbons may contribute more to total atmospheric
hydrocarbons (Altschuller 1983).
    Foods of plant origin would be expected to be a source of daily
exposure to isoprene since it is emitted by agricultural crops and is
the basic structural unit in countless natural products found in foods
such as terpenes and vitamins A and K (IARC 1994). Its occurrence has
been reported in the essential oil of oranges, in the fruit of hops,
and in the root of carrots (Duke 1992).
    The primary source of isoprene in indoor air is environmental
tobacco

smoke. Isoprene was found to be the major component of hydrocarbons in
the air of a smoky caf[eacute] (10 smoking patrons, 10 not smoking)
(16.7%) and sidestream smoke (29.2%) (Barrefors and Petersson 1993). A
monitoring survey in November 1992 in homes and workplaces in the
greater Philadelphia area found mean isoprene concentrations in
personal air samples of 4.65 [mu]g/m\3\ in nonsmoking homes (n = 60),
18.15 [mu]g/m\3\ in smoking homes (n = 29), 5.29 [mu]g/m\3\ in
nonsmoking workplaces (n = 51), and 22.80 [mu]g/m\3\ in smoking
workplaces (n = 28). Differences in isoprene concentrations in personal
air between nonsmoking and smoking sites were highly significant
(Heavner et al. 1996). Another survey reported median summertime
isoprene concentrations of 2.90 [mu]g/m\3\ in indoor air (n = 3; no
information on whether occupants were smokers or nonsmokers) compared
to 0.40 [mu]g/m\3\ in outdoor air (n = 1) in the Lower Rio Grande
Valley of Texas (Muerjee et al. 1997).

As the text above clearly shows, information on environmental data was
not omitted from the rulemaking record. However, as this information
was not directly related to the hazard determination for isoprene being
used as a basis to list the chemical under EPCRA section 313, it was
not included in the text of the Federal Register notice for the
proposed rule.

VI. References

    EPA has established an official public docket for this action under
Docket ID No. EPA-HQ-TRI-2010-0006. The public docket includes
information considered by EPA in developing this action, including the
documents listed below, which are electronically or physically located
in the docket. In addition, interested parties should consult documents
that are referenced in the documents that EPA has placed in the docket,
regardless of whether these referenced documents are electronically or
physically located in the docket. For assistance in locating documents
that are referenced in documents that EPA has placed in the docket, but
that are not electronically or physically located in the docket, please
consult the person listed in the above FOR FURTHER INFORMATION CONTACT
section.
    1. USEPA, OEI. Memorandum from Mark Miller, Ph.D., Toxicologist,
Analytical Support Branch to Nicole Paquette, Ph.D., Chief, Analytical
Support Branch. January 28, 2010. Subject: Review of National
Toxicology Program (NTP) Cancer Classification Data for Sixteen
Chemicals.
    2. NTP, 2005. National Toxicology Program. Introduction: Report on
Carcinogens, Eleventh Edition. Released January 31, 2005. U.S.
Department of Health and Human Services, Public Health Service,
National Toxicology Program, Research Triangle Park, NC 27709.
    3. USEPA, OEI. Response to Comments Received on the April 6, 2010,
Federal Register Proposed Rule (75 FR 17333): Addition of National
Toxicology Program Carcinogens; Community Right-to-Know Toxic Chemical
Release Reporting. U.S. Environmental Protection Agency, Office of
Environmental Information, Office of Information Analysis and Access.
August 12, 2010.
    4. NTP, 2005. National Toxicology Program. 11th Report on
Carcinogens--Isoprene Substance Profile. Released January 31, 2005.
U.S. Department of Health and Human Services, Public Health Service,
National Toxicology Program, Research Triangle Park, NC 27709.

VII. Statutory and Executive Order reviews associated with this action?

A. Executive Order 12866, Regulatory Planning and Review

    Under Executive Order (EO) 12866 (58 FR 51735, October 4, 1993),
this action is a ``significant regulatory action.'' The Office of
Management and Budget (OMB) determined that this action raises novel
legal or policy issues arising out of legal mandates, the President's
priorities, or the principles set forth in the Executive Order.
Accordingly, EPA submitted this action to OMB for review under EO 12866
and any changes made in response to OMB recommendations have been
documented in the docket for this action.

B. Paperwork Reduction Act

    This final rule does not contain any new information collection
requirements that require additional approval by the OMB under the
Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et. seq. Currently, the
facilities subject to the reporting requirements under EPCRA 313 and
PPA 6607 may use either the EPA Toxic Chemicals Release Inventory Form
R (EPA Form 1B9350-1), or the EPA Toxic Chemicals Release Inventory
Form A (EPA Form 1B9350- 2). The Form R must be completed if a facility
manufactures, processes, or otherwise uses any listed chemical above
threshold quantities and meets certain other criteria. For the Form A,
EPA established an alternative threshold for facilities with low annual
reportable amounts of a listed toxic chemical. A facility that meets
the appropriate reporting thresholds, but estimates that the total
annual reportable amount of the chemical does not exceed 500 pounds per
year, can take advantage of an alternative manufacture, process, or
otherwise use threshold of 1 million pounds per year of the chemical,
provided that certain conditions are met, and submit the Form A instead
of the Form R. In addition, respondents may designate the specific
chemical identity of a substance as a trade secret pursuant to EPCRA
section 322 42 U.S.C. 11042: 40 CFR part 350.
    OMB has approved the reporting and recordkeeping requirements
related to Form R, supplier notification, and petitions under OMB
Control number 2025-0009 (EPA Information Collection Request (ICR) No.
1363.15); those related to Form A under OMB control number 2025-0010
(EPA ICR No. 1704.09); and those related to trade secret designations
under OMB Control 2070-0078 (EPA ICR No. 1428). As provided in 5 CFR
1320.5(b) and 1320.6(a), 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. The OMB
control numbers relevant to EPA's regulations are listed in 40 CFR part
9, 48 CFR chapter 15, and displayed on the information collection
instruments (e.g., forms, instructions).
    For Form R, EPA estimates the industry reporting and recordkeeping
burden for collecting this information to average, in the first year,
approximately $4,615 per Form R (for a total first year cost of
$858,299 based on 16,069 total burden hours). In subsequent years, the
burden for collecting this information is estimated to average $1,553
per Form R (for a total cost of $288,902 based on 5,517 total burden
hours). These estimates include the time needed to become familiar with
the requirement (first year only); review instructions; search existing
data sources; gather and maintain the data needed; complete and review
the collection information; and transmit or otherwise disclose the
information. The actual burden on any facility may be different from
this estimate depending on the complexity of the facility's operations
and the profile of the releases at the facility. Upon promulgation of a
final rule, the Agency may determine that the existing burden estimates
in the ICRs need to be amended in order to account for an increase in
burden associated with the

final action. If so, the Agency will submit an information collection
worksheet (ICW) to OMB requesting that the total burden in each ICR be
amended, as appropriate.

C. Regulatory Flexibility Act (RFA), as Amended by the Small Business
Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601 et
seq.

    The RFA generally requires an agency to prepare a regulatory
flexibility analysis of any rule subject to notice and comment
rulemaking requirements under the Administrative Procedure Act or any
other statute unless the agency certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
Small entities include small businesses, small organizations, and small
governmental jurisdictions. For purposes of assessing the impacts of
today's rule on small entities, small entity is defined as: (1) A
business that is classified as a ``small business'' by the Small
Business Administration at 13 CFR 121.201; (2) a small governmental
jurisdiction that is a government of a city, county, town, school
district or special district with a population of less than 50,000; and
(3) a small organization that is any not-for-profit enterprise which is
independently owned and operated and is not dominant in its field.
    Of the 109 entities estimated to be impacted by this rule, 41 are
small businesses. Of the affected small businesses, all 41 have cost
impacts of less than 1% in both the first and subsequent years of the
rulemaking. No small businesses are projected to have a cost impact of
1% or greater. In the first year, of the 41 estimated cost impacts,
there is a maximum impact of 0.616% and a minimum impact of less than
0.001%. Facilities eligible to use Form A (those meeting the
appropriate activity threshold which have 500 pounds per year or less
of reportable amounts of the chemical) will have a lower burden. No
small governments or small organizations are expected to be affected by
this action. Thus this rule is not expected to have a significant
adverse economic impact on a substantial number of small entities. A
more detailed analysis of the impacts on small entities is located in
EPA's economic analysis support document.
    After considering the economic impacts of today's rule on small
entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities.

D. Unfunded Mandates Reform Act

    This rule does not contain a Federal mandate that may result in
expenditures of $100 million or more for State, local, and tribal
governments, in the aggregate, or the private sector in any one year.
EPA's economic analysis indicates that the total cost of this rule is
estimated to be $859,072 in the first year of reporting. Thus, this
rule is not subject to the requirements of sections 202 or 205 of UMRA
    This rule is also not subject to the requirements of section 203 of
UMRA because it contains no regulatory requirements that might
significantly or uniquely affect small governments. Small governments
are not subject to the EPCRA section 313 reporting requirements.

E. Executive Order 13132 (Federalism)

    This action does not have federalism implications. It will not have
substantial direct effects 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, as
specified in Executive Order 13132. This action relates to toxic
chemical reporting under EPCRA section 313, which primarily affects
private sector facilities. Thus, Executive Order 13132 does not apply
to this action.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action does not have tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). This action
relates to toxic chemical reporting under EPCRA section 313, which
primarily affects private sector facilities. Thus, Executive Order
13175 does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    This action is not subject to EO 13045 (62 FR 19885, April 23,
1997) because it is not economically significant as defined in EO
12866, and because the Agency does not believe the environmental health
or safety risks addressed by this action present a disproportionate
risk to children. This action relates to toxic chemical reporting under
EPCRA section 313, which primarily affects private sector facilities.

H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

    This action is not a ``significant energy action'' as defined in
Executive Order 13211 (66 FR 28355 (May 22, 2001)), because it is not
likely to have a significant adverse effect on the supply,
distribution, or use of energy. Further, we have concluded that this
action is not likely to have any adverse energy effects because it does
not impact the production of energy.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, 12(d) (15 U.S.C. 272 note)
directs EPA to use voluntary consensus standards in its regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus standards bodies. NTTAA directs EPA to provide
Congress, through OMB, explanations when the Agency decides not to use
available and applicable voluntary consensus standards.
    This rulemaking does not involve technical standards. Therefore,
EPA did not consider the use of any voluntary consensus standards.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    Executive Order (EO) 12898 (59 FR 7629 (Feb. 16, 1994)) establishes
Federal executive policy on environmental justice. Its main provision
directs Federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
    EPA has determined that this final rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment. This rule adds additional chemicals to the EPCRA section
313

reporting requirements. By adding chemicals to the list of toxic
chemicals subject to reporting under section 313 of EPCRA, EPA would be
providing communities across the United States (including minority
populations and low-income populations) with access to data which they
may use to seek lower exposures and consequently reductions in chemical
risks for themselves and their children. This information can also be
used by government agencies and others to identify potential problems,
set priorities, and take appropriate steps to reduce any potential
risks to human health and the environment. Therefore, the informational
benefits of the rule will have a positive impact on the human health
and environmental impacts of minority populations, low-income
populations, and children.

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. 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. A Major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2). This rule will be effective November 30, 2010.

List of Subjects in 40 CFR Part 372

    Environmental protection, Community right-to-know, Reporting and
recordkeeping requirements, and Toxic chemicals.

    Dated: November 18, 2010.
Lisa P. Jackson,
Administrator.

0
Therefore, 40 CFR part 372 is amended as follows:

PART 372--[AMENDED]

0
1. The authority citation for part 372 continues to read as follows:

    Authority:  42 U.S.C. 11023 and 11048.

0
2. In Sec.  372.28 the table in paragraph (a)(2) is amended under the
heading ``Polycyclic aromatic compounds (PACs): (This category includes
only those chemicals listed below)'' by adding four new entries in
alphabetical order to read as follows:

Sec.  372.28  Lower thresholds for chemicals of special concern.

    (a) * * *
    (2) * * *

------------------------------------------------------------------------
                                                              Reporting
                       Category name                          threshold
------------------------------------------------------------------------

                                * * * * *
Polycyclic aromatic compounds (PACs): (This category                 100
 includes only those chemicals listed below)...............

                                * * * * *
    42397-64-8 1,6-Dinitropyrene...........................
    42397-65-9 1,8-Dinitropyrene...........................

                                * * * * *
    07496-02-8 6-Nitrochrysene.............................

                                * * * * *
    57835-92-4 4-Nitropyrene...............................

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

0
3. Section 372.65 is amended as follows:
0
a. In the table to paragraph (a) by adding new entries in alphabetical
order.

0
b. In the table to paragraph (b) by adding new entries in numerical
order.

0
c. In the table to paragraph (c) under the heading ``Polycyclic
aromatic compounds (PACs): (This category includes only those chemicals
listed below)'' by adding four entries in alphabetical order.

Sec.  372.65  Chemicals and chemical categories to which the part
applies.

* * * * *
    (a) * * *

------------------------------------------------------------------------
                                                               Effective
                Chemical name                      CAS No.        date
------------------------------------------------------------------------

                                * * * * *
1-Amino-2,4-dibromoanthraquinone.............      00081-49-2       1/11

                                * * * * *
2,2-bis(Bromomethyl)-1,3-propanediol.........     003296-90-0       1/11
Furan........................................      00110-00-9       1/11

                                * * * * *
Glycidol.....................................      00556-52-5       1/11

                                * * * * *
Isoprene.....................................      00078-79-5       1/11

                                * * * * *
Methyleugenol................................      00093-15-2       1/11

                                * * * * *
o-Nitroanisole...............................      00091-23-6       1/11

                                * * * * *
Nitromethane.................................      00075-52-5       1/11

                                 * * * *
Phenolphthalein..............................      00077-09-8       1/11

                                * * * * *
Tetrafluoroethylene..........................      00116-14-3       1/11

                                * * * * *
Tetranitromethane............................      00509-14-8       1/11

                                * * * * *
Vinyl Fluoride...............................      00075-02-5       1/11

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

    (b) * * *

------------------------------------------------------------------------
                                                             Effective
            CAS No.                   Chemical name            date
------------------------------------------------------------------------

                              * * * * * * *
00075-02-5.....................  Vinyl Fluoride.........            1/11

                              * * * * * * *
00075-52-5.....................  Nitromethane...........            1/11

                              * * * * * * *
00077-09-8.....................  Phenolphthalein........            1/11

                              * * * * * * *
00078-79-5.....................  Isoprene...............            1/11

                              * * * * * * *
00081-49-2.....................  1-Amino-2,4-                       1/11
                                  dibromoanthraquinone.

                              * * * * * * *
00091-23-6.....................  o-Nitroanisole.........            1/11

                              * * * * * * *
00093-15-2.....................  Methyleugenol..........            1/11

                              * * * * * * *
00110-00-9.....................  Furan..................            1/11

                              * * * * * * *
00116-14-3.....................  Tetrafluoroethylene....            1/11

                              * * * * * * *
00509-14-8.....................  Tetranitromethane......            1/11

                              * * * * * * *
00556-52-5.....................  Glycidol...............            1/11

                              * * * * * * *
03296-90-0.....................  2,2-bis(Bromomethyl)-              1/11
                                  1,3-propanediol.

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

    (c) * * *

------------------------------------------------------------------------
                                                              Effective
                       Category name                             date
------------------------------------------------------------------------

                                * * * * *
 Polycyclic aromatic compounds (PACs): (This category
 includes only those chemicals listed below)

                                * * * * *
    42397-64-8 1,6-Dinitropyrene...........................         1/11
    42397-65-9 1,8-Dinitropyrene...........................         1/11

                                * * * * *
    07496-02-8 6-Nitrochrysene.............................         1/11

                                * * * * *
    57835-92-4 4-Nitropyrene...............................         1/11

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

[FR Doc. 2010-29627 Filed 11-24-10; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: September 21, 2009 (Volume 74, Number 181)]
[Proposed Rules]
[Page 48019-48021]
[DOCID:fr21se09-12]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0868; Directorate Identifier 2009-CE-047-AD]
RIN 2120-AA64

Airworthiness Directives; ZLT Zeppelin Luftschifftechnik GmbH &
Co KG Model LZ N07-100 Airships

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

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above. This proposed AD results from mandatory
continuing airworthiness information (MCAI) originated by an aviation
authority of another country to identify and correct an unsafe
condition on an aviation product. The MCAI describes the unsafe
condition as: The manufacturer has advised of receiving a report that
during start up on ground a RH propeller gear box (PGB) on the airship
has failed resulting in free rotation of the propeller. Investigation
performed by the manufacturer revealed that the bevel gear in the
propeller gearbox had cracked near the hub area. During an extensive
metallurgical investigation of the cracked bevel gear some different
manufacturing deviations outside of the specifications were detected.
Deviations in the heat treatment, wall thickness of the bevel gear near
the hub area, and score marks caused during the production process have
been established as causal factors for this failure.
    The proposed AD would require actions that are intended to address
the unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by November 5,
2009.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Office (telephone<PHONE_NUMBER>) is in the
ADDRESSES section. Comments will be available in the AD docket shortly
after receipt.

FOR FURTHER INFORMATION CONTACT: Karl Schletzbaum, Aerospace Engineer,
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; e-mail:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2009-0868;
Directorate Identifier 2009-CE-047-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued AD
No. 2009-0182, dated August 20, 2009 (referred to after this as ``the
MCAI''), to correct an unsafe condition for the specified products. The
MCAI states:

    The manufacturer has advised of receiving a report that during
start up on ground a RH propeller gear box (PGB) on the airship has
failed resulting in free rotation of the propeller. Investigation
performed by the manufacturer revealed that the bevel gear in the
propeller gearbox had cracked near the hub area.
    During an extensive metallurgical investigation of the cracked
bevel gear some different manufacturing deviations outside of the
specifications were detected. Deviations in the heat treatment, wall
thickness of the bevel gear near the hub area, and score marks
caused during the production process have been established as causal
factors for this failure.
    For the reasons described above, this new AD mandates the
replacement of the affected bevel gears, and limits, as a temporary
measure, their service-life to 1 000 Flight Hours (for non-
refurbished PGBs) and to 1 600 Flight Hours (for refurbished PGBs).

You may obtain further information by examining the MCAI in the AD
docket.

Relevant Service Information

    ZLT Zeppelin Luftschifftechnik GmbH & Co KG has issued Service
Bulletin S07 830 0001, Issue B-00, dated June 29, 2009. The actions
described in this service information are intended to correct the
unsafe condition identified in the MCAI.

FAA's Determination and Requirements of the Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with this State of Design Authority, they
have notified us of the unsafe condition described in the MCAI and
service information referenced above. We are proposing this AD because
we evaluated all information and determined the unsafe condition exists
and is likely to exist or develop on other products of the same type
design.

Differences Between This Proposed AD and the MCAI or Service
Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a NOTE within the proposed AD.

Costs of Compliance

    We estimate that this proposed AD will affect 1 product of U.S.
registry. We also estimate that it would take about 18 work-hours per
product to comply with the basic requirements of this proposed

AD. The average labor rate is $80 per work-hour. Required parts would
cost about $66,488 per gear box replacement. Where the service
information lists required parts costs that are covered under warranty,
we have assumed that there will be no charge for these costs. As we do
not control warranty coverage for affected parties, some parties may
incur costs higher than estimated here.
    Based on these figures, we estimate the cost of the proposed AD on
U.S. operators to be $67,928 per gear box replacement.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this 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. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.

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

    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]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

ZLT Zeppelin Luftschifftechnik GmbH & Co KG: Docket No. FAA-2009-
0868; Directorate Identifier 2009-CE-047-AD.

Comments Due Date

    (a) We must receive comments by November 5, 2009.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Model LZ N07-100 airships, serial numbers
002, 003, and 004, that are certificated in any category and are
equipped with the following propeller gear boxes:

----------------------------------------------------------------------------------------------------------------
                Part No.                         Serial No.                          Designation
----------------------------------------------------------------------------------------------------------------
07 722 0001-200........................  103, 106, 109, 112, 401,    AFT propeller gear box.
                                          401.
07 722 0002-200........................  101, 104, 107, 110, 201...  LH propeller gear box.
07 722 0003-200........................  102, 105, 108, 111, 301,    RH propeller gear box.
                                          302.
----------------------------------------------------------------------------------------------------------------

Subject

    (d) Air Transport Association of America (ATA) Code 65: Tail
Rotor Drive.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:

    The manufacturer has advised of receiving a report that during
start up on ground a RH propeller gear box (PGB) on the airship has
failed resulting in free rotation of the propeller. Investigation
performed by the manufacturer revealed that the bevel gear in the
propeller gearbox had cracked near the hub area.
    During an extensive metallurgical investigation of the cracked
bevel gear some different manufacturing deviations outside of the
specifications were detected. Deviations in the heat treatment, wall
thickness of the bevel gear near the hub area, and score marks
caused during the production process have been established as causal
factors for this failure.
    For the reasons described above, this new AD mandates the
replacement of the affected bevel gears, and limits, as a temporary
measure, their service-life to 1 000 Flight Hours (for non-
refurbished PGBs) and to 1 600 Flight Hours (for refurbished PGBs).

Actions and Compliance

    (f) Unless already done, do the following actions in accordance
with ZLT Zeppelin Luftschifftechnik GmbH & Co KG Service Bulletin
S07 830 0001, Issue B-00, dated June 29, 2009:
    (1) As of the effective date of this AD, before the accumulation
of the applicable total hours time-in-service (TIS) as defined in
the appendix of ZLT Zeppelin Luftschifftechnik GmbH & Co KG Service
Bulletin S07 830 0001, Issue B-00, dated June 29, 2009, replace the
bevel gears of the propeller gearbox.
    (2) As of the effective date of this AD, for airships with a
propeller gear box identified in paragraph (c)(1) of this AD that
have exceeded the applicable total hours TIS as defined in the
appendix of ZLT Zeppelin Luftschifftechnik GmbH & Co KG Service
Bulletin S07 830 0001, Issue B-00, dated June 29, 2009, replace the
bevel gears of the propeller gearbox within the next 30 days after
the effective date of this AD.
    (3) As of the effective date of this AD, airships with a
propeller gear box S/N 102, 107, 108, 109, or 112, contact the
manufacturer at ZLT Zeppelin Luftschifftechnik GmbH & Co KG, 88046
Friedrichsfafen, Allmannsweilerstrasse 132, Germany; telephone: + 49
(0) 7541-5900-546; fax: +40 (0) 7541-5900-516, to obtain a repair
scheme within the next 30 days after the effective date of this AD.
Incorporate the repair scheme before further flight after receipt.
    (4) After doing the replacements required in paragraphs (f)(1),
(f)(2), and (f)(3) of this AD, replace the bevel gears of the
propeller gearbox thereafter at intervals not to exceed 1,600 hours
TIS on the propeller gearbox.

    Note 1: The time between overhaul for gear boxes specified in
the airship maintenance manual remains unchanged.

    Note 2: Airships with a propeller gear box S/N 102, 107, 108,
109, or 112 have exceeded their life limit and are not eligible for
bevel gear replacement. See paragraph (f)(3) of this AD.

FAA AD Differences

    Note 3: This AD differs from the MCAI and/or service information
as follows: No differences.

Other FAA AD Provisions

    (g) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Standards Office, FAA, has the authority to approve AMOCs for this
AD, if requested using the procedures found in 14 CFR 39.19. Send
information to ATTN: Karl Schletzbaum, Aerospace Engineer, FAA,
Small Airplane Directorate, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; e-
mail<EMAIL_ADDRESS>Before using any approved AMOC on
any airship to which the AMOC applies, notify your appropriate
principal inspector (PI) in the FAA Flight Standards District Office
(FSDO), or lacking a PI, your local FSDO.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.), the Office of Management and Budget (OMB) has
approved the information collection requirements and has assigned
OMB Control Number 2120-0056.

Related Information

    (h) Refer to MCAI European Aviation Safety Agency (EASA) AD No.
2009-0182, dated August 20, 2009; and ZLT Zeppelin Luftschifftechnik
GmbH & Co KG Service Bulletin S07 830 0001, Issue B-00, dated June
29, 2009, for related information.

    Issued in Kansas City, Missouri, on September 14, 2009.
Kim Smith,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. E9-22641 Filed 9-18-09; 8:45 am]

BILLING CODE 4910-13-P


The Honorable E. Christopher Abruzzo, Secretary			September 23, 2014	 Pennsylvania Department of Environmental Protection Rachel Carson Building P.O. Box 2063 Harrisburg, PA 17105

Dear Secretary Abruzzo:

      On April 30, 2014, the U.S. Environmental Protection Agency (EPA) received a revision to the Pennsylvania State Implementation Plan (SIP) from the Pennsylvania Department of Environmental Protection (PADEP).  This SIP revision consists of a redesignation request and maintenance plan for the Lancaster, PA 1997 annual fine particulate matter (PM2.5) Nonattainment Area and the Lancaster, PA 2006 24-hour PM2.5 Nonattainment Area.  EPA has determined that the submittal is administratively and technically complete, and is reviewing it to prepare a Notice of Proposed Rulemaking (NPR).

      If members of your staff have any questions, they may direct them to Leslie Jones Doherty, Office of Air Program Planning, at<PHONE_NUMBER>.  She is the principal contact for this rulemaking.

	     Sincerely,                                  /s/                               Diana Esher, Director                           			            Air Protection Division

cc:  Joyce Epps, Director, PADEP Bureau of Air Quality


[Federal Register: February 17, 2006 (Volume 71, Number 33)]
[Notices]
[Page 8570-8571]
[DOCID:fr17fe06-42]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP93-618-016]

Gas Transmission Northwest Corporation; Notice of Annual Report

February 10, 2006.
    Take notice that on January 31, 2006, Gas Transmission Northwest
Corporation (GTN) tendered for filing its ``Annual Report on Deferred
Revenue Recovery Mechanism and Revenue Reconciliation for the Year
Ending October 31, 2005'' for its Medford, Oregon Lateral.
    Any person desiring to protest this filing must file in accordance
with Rule 211 of the Commission's Rules of Practice and Procedure (18
CFR 385.211). Protests to this filing will be considered by the
Commission in determining the appropriate action to be taken, but will
not serve to make protestants parties to the proceeding. Such protests
must be filed on or before

the date as indicated below. Anyone filing a protest must serve a copy
of that document on all the parties to the proceeding.
    The Commission encourages electronic submission of protests in lieu
of paper using the ``eFiling'' link at http://www.ferc.gov. Persons

unable to file electronically should submit an original and 14 copies
of the protest to the Federal Energy Regulatory Commission, 888 First
Street, NE., Washington, DC 20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on February 17, 2006.

Magalie R. Salas,
Secretary.
[FR Doc. E6-2268 Filed 2-16-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 247 (Tuesday, December 27, 2022)]
[Notices]
[Pages 79297-79298]
[FR Doc No: 2022-28046]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2022-0164; FRL-10521-01-OCSPP]

Datawiz Corporation, DMI and WIPRO; Transfer of Data

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces that pesticide and chemical related
information submitted to the Environmental Protection Agency (EPA)
pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA), the Federal Food, Drug, and Cosmetic Act (FFDCA), and the
Toxic Substances Control Act (TSCA), including information that may
have been claimed as Confidential Business Information (CBI) by the
submitter, will be transferred to Datawiz Corporation and its
subcontractors, DMI and WIPRO, in accordance with the CBI regulations
governing the disclosure of potential CBI. Datawiz Corporation and its
subcontractors, DMI and WIPRO, have been awarded a contract to perform
work for the EPA Office of Chemical Safety and Pollution Prevention
(OCSPP), and access to this information will enable Datawiz Corporation
and its subcontractors, DMI and WIPRO, to fulfill the obligations of
the contract.

DATES: Access to this information by Datawiz Corporation and its
subcontractors, DMI and WIPRO, will begin on or before January 3, 2023
and is expected to continue during the term the contract.

FOR FURTHER INFORMATION CONTACT: William Northern, Information
Technology and Resources Management Division (7502P), Office of Program
Support, Office of Chemical Safety and Pollution Prevention,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
DC 20460-0001; telephone number:<PHONE_NUMBER> email address:
[email protected].

SUPPLEMENTARY INFORMATION:

I. Does this action apply to me?

    This action applies to the public in general. As such, the Agency
has not attempted to describe all the specific entities that may be
affected by this action.

II. What action is the Agency taking?

    Under EPA contract number GS-35F-0059S/BPA-68HERD22A0006, the
contractor, Datawiz Corporation, and its subcontractors, DMI and WIPRO,
will perform Information Technology Services to support OCSPP's
Information Management Systems. These services will enhance the use of
OCSPP chemical information and associated project and program plan
through effective data management. This includes maintaining and
equipping OCSPP with knowledge and tools that enable efficient
analysis, assessment, evaluation, and decision-making, as well as
managing the new development projects using an Agile Development
methodology and CMMI Level III best practices.
    OCSPP has determined that Datawiz Corporation and its
subcontractors, DMI and WIPRO, requires access to all pesticide and
chemical related information submitted to EPA under FIFRA, FFDCA and
TSCA to perform successfully the duties specified under the contract.
Some of this information may be claimed or determined to be CBI.
    In accordance with the requirements of 40 CFR 2.307(h)(2), the
contract with Datawiz Corporation and its subcontractors, DMI and
WIPRO, prohibits the use of the information for

any purpose not specified in the contract; prohibits disclosure of the
information to a third party without prior written approval from the
Agency; and requires that each official and employee of the contractor
and subcontractors sign an agreement to protect the information from
unauthorized release and to handle it in accordance with applicable
procedures and requirements associated with handling information that
may be claimed or determined to be CBI (i.e., pursuant to the FIFRA and
TSCA Information Security Manuals and 40 CFR part 2). In addition,
Datawiz Corporation, and its subcontractors, DMI and WIPRO, are
required to submit for EPA approval a security plan detailing how
information claimed or determined to be CBI will be secured and
protected against unauthorized release or compromise. No information
will be provided to Datawiz Corporation and its subcontractors, DMI and
WIPRO, until the requirements in the approved security plan have been
fully satisfied. Records of information provided to Datawiz Corporation
and its subcontractors, DMI and WIPRO, will be maintained by the EPA
Project Officers for this contract. All information supplied to Datawiz
Corporation and its subcontractors, DMI and WIPRO, by EPA for use in
connection with this contract will be returned to EPA when Datawiz
Corporation and its subcontractors, DMI and WIPRO, have completed their
work.
    Access to this information, including any information that may be
claimed or determined to be CBI, will continue for the duration of the
contract without further notice, including during any contract
extensions.
    Authority: 7 U.S.C. 136 et seq.; 15 U.S.C. 2601 et seq.; and 21
U.S.C. 301 et seq.

    Dated: December 19, 2022.
Delores Barber,
Director, Information Technology and Resources Management Division,
Office of Program Support.
[FR Doc. 2022-28046 Filed 12-23-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 186 (Monday, September 26, 2011)]
[Notices]
[Pages 59456-59458]
[FR Doc No: 2011-24589]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 29793; 812-13866]

ASGI Agility Income Fund, et al.; Notice of Application

September 19, 2011.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Notice of an application under section 6(c) of the Investment
Company Act of 1940 (the ``Act'') for an exemption from sections 18(c)
and 18(i) of the Act and for an order pursuant to section 17(d) of the
Act and rule 17d-1 under the Act.

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Summary of Application:  Applicants request an order to permit certain
registered closed-end management investment companies to issue multiple
classes of shares and to impose asset-based distribution and service
fees and contingent deferred sales loads (``CDSCs'').

Applicants:  ASGI Agility Income Fund (``Agility Fund''), ASGI Aurora
Opportunities Fund, LLC (``Aurora Fund''), and ASGI Corbin Multi-
Strategy Fund, LLC (``Corbin Fund'') (each a ``Fund'' and collectively,
the ``Funds''), Alternative Strategies Group, Inc. (the ``Adviser'')
and Alternative Strategies Brokerage Services, Inc. (the ``Placement
Agent'').

Filing Dates:  The application was filed on February 8, 2011, and
amended on June 24, 2011 and September 16, 2011.

Hearing or Notification of Hearing:  An order granting the requested
relief will be issued unless the Commission orders a hearing.
Interested persons may request a hearing by writing to the Commission's
Secretary and serving

applicants with a copy of the request, personally or by mail.
    Hearing requests should be received by the Commission by 5:30 p.m.
on October 14, 2011, and should be accompanied by proof of service on
the applicants, in the form of an affidavit, or, for lawyers, a
certificate of service. Hearing requests should state the nature of the
writer's interest, the reason for the request, and the issues
contested. Persons who wish to be notified of a hearing may request
notification by writing to the Commission's Secretary.

ADDRESSES: Secretary, U.S. Securities and Exchange Commission, 100 F
Street, NE., Washington, DC 20549-1090; Applicants, c/o Lloyd Lipsett,
Esq., Wells Fargo Law Department, 200 Berkeley Street, Boston, MA
02116.

FOR FURTHER INFORMATION CONTACT: Jean E. Minarick, Senior Counsel, at
(202) 551-6811 or Daniele Marchesani, Branch Chief, at<PHONE_NUMBER>
(Division of Investment Management, Office of Investment Company
Regulation).

SUPPLEMENTARY INFORMATION: The following is a summary of the
application. The complete application may be obtained via the
Commission's Web site by searching for the file number, or an applicant
using the Company name box, at http://www.sec.gov/search/search.htm or
by calling<PHONE_NUMBER>.
    Applicants' Representations:
    1. Each Fund is a continuously offered non-diversified closed-end
management investment company registered under the Act. The Agility
Fund is organized as a Delaware statutory trust. The Aurora Fund and
the Corbin Fund are each organized as a Delaware limited liability
company. The Adviser serves as investment adviser to each Fund. The
Placement Agent, a broker-dealer registered under the Securities
Exchange Act of 1934 (``1934 Act''), acts as principal underwriter for
the Funds. The Placement Agent is under common control with the Adviser
and is an affiliated person, as defined in section 2(a)(3) of the Act,
of the Adviser.
    2. Each Fund continuously offers its shares (``Shares'') in private
placements in reliance on the provisions of Regulation D under the
Securities Act of 1933. The Shares are not offered or traded in a
secondary market and are not listed on any securities exchange or
quoted on any quotation medium. Applicants do not expect that any
secondary market will ever develop for the Shares.
    3. Each Fund currently offers an initial class of Shares (``Initial
Class'') at net asset value and proposes to offer multiple classes of
Shares. Each Fund may offer a new Share class at net asset value and
may also charge a front-end sales load and an annual service and/or
distribution fee. The Funds intend to continue to offer Initial Class
Shares at net asset value without a sales load, subject to minimum
purchase requirements. The Funds may in the future offer additional
classes of shares and/or another sales charge structure. The Funds do
not plan to offer exchange privileges.
    4. In order to provide a limited degree of liquidity to
Shareholders, the Funds may from time to time offer to repurchase
Shares at net asset value in accordance with rule 13e-4 under the 1934
Act pursuant to written tenders by Shareholders (``Repurchases'').\1\ A
Fund will Repurchase Shares at the times, in the amounts and on the
terms as may be determined by the Board of Trustees (``Board'') of the
Fund in its sole discretion. The Adviser expects to recommend
ordinarily that the Board authorize each Fund to offer to Repurchase
Shares from Shareholders quarterly.
---------------------------------------------------------------------------

    \1\ Shares are subject to a repurchase fee if the interval
between the date of initial purchase and the valuation date with
respect to the Repurchase of such Shares under the tender offer is,
with respect to the Agility Fund and the Aurora Fund, less than one
year, and, with respect to the Corbin Fund, less than 180 days. To
the extent the Funds determine to waive, impose scheduled variations
of, or eliminate a repurchase fee, each Fund will do it consistent
with the requirements of Rule 22d-1 under the Act as if the
repurchase fee were a CDSC and apply any such change uniformly to
all Shareholders of the Fund.
---------------------------------------------------------------------------

    5. Applicants request that the order also apply to any other
continuously offered registered closed-end management investment
companies existing now or in the future for which the Adviser, the
Placement Agent, or any entity controlling, controlled by or under
common control with the Adviser or the Placement Agent acts as
investment adviser or principal underwriter, and which provides
periodic liquidity with respect to its Shares pursuant to rule 13e-4
under the 1934 Act (such investment companies, together with the Funds,
the ``Funds'').\2\
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    \2\ Any Fund relying on this relief in the future will do so in
a manner consistent with the terms and conditions of the
application. Applicants represent that any person presently
intending to rely on the requested relief is listed as an applicant.
---------------------------------------------------------------------------

    6. Applicants represent that any asset-based service and
distribution fees will comply with the provisions of rule 2830(d) of
the Conduct Rules of the National Association of Securities Dealers,
Inc. (``NASD Conduct Rule 2830'').\3\ Applicants also represent that
each Fund will disclose in its private placement memorandum, the fees,
expenses and other characteristics of each class of Shares offered for
sale by the memorandum as is required for open-end multiple class funds
under Form N-1A. Each Fund will disclose fund expenses in shareholder
reports as if it were an open-end management investment company, and
disclose any arrangements that result in breakpoints in, or elimination
of, sales loads in its private placement memorandum.\4\ Each Fund and
the Placement Agent will also comply with any requirements that may be
adopted by the Commission or FINRA regarding disclosure at the point of
sale and in transaction confirmations about the costs and conflicts of
interest arising out of the distribution of open-end investment company
shares, and regarding prospectus disclosure of sales loads and revenue
sharing arrangements as if those requirements applied to the Fund and
the Placement Agent.\5\
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    \3\ All references to NASD Conduct Rule 2830 include any
successor or replacement rule that may be adopted by the Financial
Industry Regulatory Authority (``FINRA'').
    \4\ See Shareholder Reports and Quarterly Portfolio Disclosure
of Registered Management Investment Companies, Investment Company
Act Release No. 26372 (Feb. 27, 2004) (adopting release) (requiring
open-end investment companies to disclose fund expenses in
shareholder reports); and Disclosure of Breakpoint Discounts by
Mutual Funds, Investment Company Act Release No. 26464 (June 7,
2004) (adopting release) (requiring open-end investment companies to
provide prospectus disclosure of certain sales load information).
    \5\ Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing of Proposed Rule Change and
Amendment No. 1 to Adopt NASD Rule 2830 as FINRA Rule 2341
(Investment Company Securities) in Consolidated FINRA Rulebook,
Securities Exchange Act Release No. 64386 (May 3, 2011);
Confirmation Requirements and Point of Sale Disclosure Requirements
for Transactions in Certain Mutual Funds and Other Securities, and
Other Confirmation Requirement Amendments, and Amendments to the
Registration Form for Mutual Funds, Investment Company Act Release
No. 26341 (Jan. 29, 2004) (proposing release).
---------------------------------------------------------------------------

    7. Each Fund will allocate all expenses incurred by it among the
various classes of Shares based on the respective net assets of the
Fund attributable to each class, except that the net asset value and
expenses of each class will reflect distribution fees, service fees,
and any other incremental expenses of that class. Expenses of a Fund
allocated to a particular class of Shares will be borne on a pro rata
basis by each outstanding Share of that class. Applicants state that
each Fund will comply with the provisions of rule 18f-3 under the Act
as if it were an open-end investment company.
    8. Each Fund may waive the CDSC for certain categories of
shareholders or transactions to be established from time to time. With
respect to any waiver of, scheduled variation in, or elimination of

the CDSC, each Fund will comply with rule 22d-1 under the Act as if the
Fund were an open-end investment company.
    Applicants' Legal Analysis:

Multiple Classes of Shares

    1. Section 18(c) of the Act provides, in relevant part, that a
closed-end investment company may not issue or sell any senior security
if, immediately thereafter, the company has outstanding more than one
class of senior security. Applicants state that the creation of
multiple classes of Shares of the Funds may be prohibited by section
18(c).
    2. Section 18(i) of the Act provides that each share of stock
issued by a registered management investment company will be a voting
stock and have equal voting rights with every other outstanding voting
stock. Applicants state that permitting multiple classes of Shares of
the Funds may violate section 18(i) of the Act because each class would
be entitled to exclusive voting rights with respect to matters solely
related to that class.
    3. Section 6(c) of the Act provides that the Commission may exempt
any person, security or transaction or any class or classes of persons,
securities or transactions from any provision of the Act, or from any
rule under the Act, if and to the extent such exemption is necessary or
appropriate in the public interest and consistent with the protection
of investors and the purposes fairly intended by the policy and
provisions of the Act. Applicants request an exemption under section
6(c) from sections 18(c) and 18(i) to permit the Funds to issue
multiple classes of shares.
    4. Applicants submit that the proposed allocation of expenses and
voting rights among multiple classes is equitable and will not
discriminate against any group or class of shareholders. Applicants
submit that the proposed arrangements would permit a Fund to facilitate
the distribution of its Shares and provide investors with a broader
choice of shareholder services. Applicants assert that the proposed
closed-end investment company multiple class structure does not raise
the concerns underlying section 18 of the Act to any greater degree
than open-end investment companies' multiple class structures that are
permitted by rule 18f-3 under the Act.

CDSCs

    1. Applicants believe that the requested relief meets the standards
of section 6(c) of the Act. Rule 6c-10 under the Act permits open-end
investment companies to impose CDSCs, subject to certain conditions.
Applicants state that the CDSCs may be necessary for the Placement
Agent to recover distribution costs. Applicants state that any CDSC
imposed by the Funds will comply with rule 6c-10 under the Act as if
the rule were applicable to closed-end investment companies. The Funds
also will disclose CDSCs in accordance with the requirements of Form N-
1A concerning CDSCs as if the Funds were open-end investment companies.
Applicants further state that the Funds will apply the CDSC (and any
waivers or scheduled variations of the CDSC) uniformly to all
shareholders in a given class and consistently with the requirements of
rule 22d-1 under the Act.

Asset-Based Service and/or Distribution Fees

    1. Section 17(d) of the Act and rule 17d-1 under the Act prohibit
an affiliated person of a registered investment company or an
affiliated person of such person, acting as principal, from
participating in or effecting any transaction in connection with any
joint enterprise or joint arrangement in which the investment company
participates unless the Commission issues an order permitting the
transaction. In reviewing applications submitted under section 17(d)
and rule 17d-1, the Commission considers whether the participation of
the investment company in a joint enterprise or joint arrangement is
consistent with the provisions, policies and purposes of the Act, and
the extent to which the participation is on a basis different from or
less advantageous than that of other participants.
    2. Rule 17d-3 under the Act provides an exemption from section
17(d) and rule 17d-1 to permit open-end investment companies to enter
into distribution arrangements pursuant to rule 12b-1 under the Act.
Applicants request an order under section 17(d) and rule 17d-1 under
the Act to permit the Funds to impose asset-based service and/or
distribution fees. Applicants have agreed to comply with rules 12b-1
and 17d-3 as if those rules applied to closed-end investment companies.
    Applicants' Condition:
    Applicants agree that any order granting the requested relief will
be subject to the following condition:
    Each Fund will comply with the provisions of rules 6c-10, 12b-1,
17d-3, 18f-3 and 22d-1 under the Act, as amended from time to time or
replaced, as if those rules applied to closed-end management investment
companies, and will comply with the NASD Conduct Rule 2830, as amended
from time to time, as if that rule applied to all closed-end management
investment companies.

    For the Commission, by the Division of Investment Management,
under delegated authority.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-24589 Filed 9-23-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 90 (Friday, May 9, 2014)]
[Notices]
[Pages 26746-26747]
[FR Doc No: 2014-10614]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

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

    Docket Numbers: ER13-2124-002.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: 2014-04-29--ER13-2124-002--Amended Compliance Filing
RSG Netting to be effective 3/17/2014.
    Filed Date: 4/29/14.
    Accession Number: 20140429-5330.
    Comments Due: 5 p.m. ET 5/20/14.

    Docket Numbers: ER14-221-000.
    Applicants: Covanta Haverhill Associates, LP.
    Description: Covanta Haverhill Associates, LP submits tariff filing
per 35.19a(b): Supplement to Refund Report to be effective N/A.
    Filed Date: 4/30/14.
    Accession Number: 20140430-5238.
    Comments Due: 5 p.m. ET 5/21/14.

    Docket Numbers: ER14-1206-001.
    Applicants: California Independent System Operator Corporation.
    Description: 2014-04-30--Competitive Transmission Improvements--
Compliance to be effective 4/1/2014.
    Filed Date: 4/30/14.
    Accession Number: 20140430-5140.
    Comments Due: 5 p.m. ET 5/21/14.

    Docket Numbers: ER14-1245-000.
    Applicants: FirstEnergy Solutions Corp.
    Description: Supplement to January 31, 2014 Application of
FirstEnergy Solutions Corp. for authorization to sell electricity to
The Potomac Edison Company, an affiliate.
    Filed Date: 4/29/14.
    Accession Number: 20140429-5378.
    Comments Due: 5 p.m. ET 5/20/14.

    Docket Numbers: ER14-1805-000.
    Applicants: Black Hills Power, Inc.
    Description: Amedment to Schedule B of GDEMA with Cheyenne Light,
Fuel and Power Company to be effective 4/30/2014.
    Filed Date: 4/29/14.
    Accession Number: 20140429-5339.
    Comments Due: 5 p.m. ET 5/20/14.

    Docket Numbers: ER14-1806-000.
    Applicants: Black Hills Power, Inc.
    Description: Amedment to Schedule B of GDEMA with City of Gillette,
Wyoming to be effective 4/30/2014.
    Filed Date: 4/29/14.
    Accession Number: 20140429-5340.
    Comments Due: 5 p.m. ET 5/20/14.

    Docket Numbers: ER14-1807-000.
    Applicants: Black Hills Power, Inc.
    Description: Amedment to Schedule B of GDEMA with Black Hills
Wyoming, LLC to be effective 4/30/2014.
    Filed Date: 4/29/14.
    Accession Number: 20140429-5341.
    Comments Due: 5 p.m. ET 5/20/14.

    Docket Numbers: ER14-1808-000.
    Applicants: Black Hills Power, Inc.
    Description: Amedment to Schedule B of GDEMA with Black Hills/
Colorado Electric Utility, L.P. to be effective 4/30/2014.
    Filed Date: 4/29/14.
    Accession Number: 20140429-5342.
    Comments Due: 5 p.m. ET 5/20/14.

    Docket Numbers: ER14-1809-000.
    Applicants: Pacific Gas and Electric Company.
    Description: E&P Agreement for California Flats Solar, LLC to be
effective 5/1/2014.
    Filed Date: 4/30/14.
    Accession Number: 20140430-5002.
    Comments Due: 5 p.m. ET 5/21/14.

    Docket Numbers: ER14-1810-000.
    Applicants: Unitil Power Corp.
    Description: Unitil Power Corp submits Statement of all billing
transactions under the Amended Unitil System Agreement for the period
January 1, 2013 to December 31, 2013 etc.
    Filed Date: 4/29/14.
    Accession Number: 20140429-5357.
    Comments Due: 5 p.m. ET 5/20/14.

    Docket Numbers: ER14-1811-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: First Revised Service Agreement No. 3147; Queue No.
W4-103 to be effective 4/3/2014.
    Filed Date: 4/30/14.
    Accession Number: 20140430-5125.
    Comments Due: 5 p.m. ET 5/21/14.

    Docket Numbers: ER14-1812-000.
    Applicants: MidAmerican Energy Company.
    Description: Ottumwa GS Unit 1-Facilities & Oper Agr--Concurrence
to be effective 6/24/2014.
    Filed Date: 4/30/14.
    Accession Number: 20140430-5184.
    Comments Due: 5 p.m. ET 5/21/14.

    Docket Numbers: ER14-1813-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Midcontinent Independent System Operator, Inc. submits
tariff filing per 35.13(a)(2)(iii): 2014-04-30 Attachment O-AIC
Depreciation Rate Update to be effective 1/1/2014.
    Filed Date: 4/30/14.
    Accession Number: 20140430-5229.
    Comments Due: 5 p.m. ET 5/21/14.

    Docket Numbers: ER14-1814-000.
    Applicants: Tampa Electric Company.
    Description: Tampa Electric Company submits tariff filing per
35.13(a)(2)(iii): Emergency Interchange Service Schedule A&B--2014
(Bundled) to be effective 5/1/2014.
    Filed Date: 4/30/14.
    Accession Number: 20140430-5241.
    Comments Due: 5 p.m. ET 5/21/14.

    Docket Numbers: ER14-1815-000.
    Applicants: Pacific Gas and Electric Company.
    Description: Pacific Gas and Electric Company submits tariff filing
per 35.13(a)(2)(iii): CCSF IA--45th Quarterly Filing of Facilities
Agreements to be effective 3/31/2014.
    Filed Date: 4/30/14.
    Accession Number: 20140430-5270.
    Comments Due: 5 p.m. ET 5/21/14.

    Docket Numbers: ER14-1816-000.
    Applicants: New York Independent System Operator, Inc.
    Description: New York Independent System Operator, Inc. submits
tariff filing per 35.13(a)(2)(iii): Tariff clarification on EDRP bids
to be effective 6/29/2014.
    Filed Date: 4/30/14.
    Accession Number: 20140430-5290.
    Comments Due: 5 p.m. ET 5/21/14.

    Take notice that the Commission received the following land
acquisition reports:
    Docket Numbers: LA14-1-000.
    Applicants: Beech Ridge Energy LLC, Bishop Hill Energy LLC, Bishop
Hill Energy III LLC, California Ridge Wind Energy LLC, Forward Energy
LLC, Grand Ridge Energy LLC, Grand Ridge Energy II LLC, Grand Ridge
Energy III LLC, Grand Ridge Energy IV LLC, Grand Ridge Energy V LLC,
Gratiot County Wind LLC, Gratiot County Wind II LLC, Grays Harbor
Energy LLC, Hardee Power Partners Limited, Invenergy Cannon Falls LLC,
Invenergy TN LLC, Judith Gap Energy LLC, Prairie Breeze Wind Energy
LLC, Sheldon Energy LLC, Spring Canyon Energy LLC, Spindle Hill Energy
LLC, Stony Creek Energy LLC, Vantage Wind Energy LLC, Willow Creek
Energy LLC, Wolverine Creek Energy LLC.
    Description: Quarterly Land Acquisition Report of Beech Ridge
Energy LLC, et. al.
    Filed Date: 4/30/14.
    Accession Number: 20140430-5340.
    Comments Due: 5 p.m. ET 5/21/14.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or 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: April 30, 2014.
 Kimberly D. Bose,
 Secretary.
[FR Doc. 2014-10614 Filed 5-8-14; 8:45 am]
BILLING CODE 6717-01-P