[Federal Register: July 16, 2007 (Volume 72, Number 135)]
[Notices]
[Page 38851-38853]
[DOCID:fr16jy07-61]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-56035; File No. SR-CBOE-2007-70]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change and Amendment No. 1 Thereto To Extend the Quarterly Options
Series Pilot Program

July 10, 2007.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on June 26, 2007, the Chicago Board Options Exchange, Incorporated
(``Exchange'' or ``CBOE'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change as described in
Items I and II below, which Items have been substantially prepared by
the Exchange. On July 9, 2007, the Exchange filed Amendment No. 1 to
the proposed rule change. The Exchange has designated this proposal as
non-controversial under section 19(b)(3)(A)(iii) of the Act \3\ and
Rule 19b-4(f)(6) thereunder,\4\ which renders the proposed rule change
effective upon filing with the Commission. The Commission is publishing
this notice to solicit comments on the proposed rule change from
interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).

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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to extend for one year a pilot program
(``Pilot Program'') in which the Exchange lists Quarterly Options
Series, which are options series that expire at the close of business
on the last business day of a calendar quarter. The text of the
proposed rule change is available on the Exchange's Web site (http://www.cboe.com
), at the Exchange's principal office, and at the

Commission's Public Reference Room.

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

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

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

1. Purpose
    On July 10, 2006, the Exchange filed with the Securities and
Exchange Commission (``Commission'') SR-CBOE-2006-65, which was
effective on filing.\5\ That proposed rule change allowed the Exchange
to establish a pilot program in which the Exchange lists Quarterly
Options Series. The Exchange hereby proposes to extend the Pilot
Program for one year, so that it will expire on July 10, 2008. This
proposal does not request any other changes to the Pilot Program.
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    \5\ See Securities Exchange Act Release No. 54123 (July 11,
2006), 71 FR 40558 (July 17, 2006) (``Pilot Program Release'').
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    In SR-CBOE-2006-65, the Exchange stated that it would submit, in
connection with any proposed extension of the Pilot Program, a Pilot
Program Report (``Report'') that would provide an analysis of the Pilot
Program covering the entire period during which the Pilot Program was
in effect. The Exchange further stated that the Report would include,
at a minimum: (1) Data and written analysis on the open interest and
trading volume in the classes for which Quarterly Options Series were
opened; (2) an assessment of the appropriateness of the option classes
selected for the Pilot Program; (3) an assessment of the impact of the
Pilot Program on the capacity of CBOE, the Options Price Reporting
Authority (``OPRA''), and on market data vendors (to the extent data
from market data vendors is available); (4) any capacity problems or
other problems that arose during the operation of the Pilot Program and
how CBOE addressed such problems; and (5) any complaints that CBOE
received during the operation of the Pilot Program and how CBOE
addressed them; and (6) any additional information that would assist in
assessing the operation of the Pilot Program. The Exchange has
submitted a Report in connection with the present proposed rule change
under separate cover, along with a request for confidential treatment
under the Freedom of Information Act.
    The Exchange represents that the Report clearly supports its belief
that extension of the Pilot Program is proper. Among other things, the
Report shows the strength and efficacy of the Pilot Program on the
Exchange as reflected by the strong volume of Quarterly Options traded
on the Exchange since the Pilot's inception in July 2006. The Report
establishes that the Pilot Program has not created, and in the future
should not create, capacity problems for the Exchange's or OPRA's
systems. Moreover, the Exchange believes that the proposed extension of
the Pilot Program will not have an adverse impact on capacity.
2. Statutory Basis
    The Exchange believes that Quarterly Options Series attract order-
flow to the Exchange, increase the variety of listed options to
investors, and provide a valuable hedging tool to investors. For these
reasons, the Exchange believes that the proposed rule change is
consistent with section 6(b) of the Act \6\ in general, and furthers
the objectives of section 6(b)(5) of the Act \7\ in particular, in that
it is designed to promote just and equitable principles of trade and,
in general, to protect investors and the public interest.
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    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. Indeed, the Exchange
believes that Quarterly Options Series enhance competition by offering
a new variety of listed options to investors.

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

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from members or other interested
parties.

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

    The Exchange has designated the proposed rule change as one that:
(1) Does not significantly affect the protection of investors or the
public interest; (2) does not impose any significant burden on
competition; and (3) does not become operative for 30 days from the
date of filing, or such shorter time as the Commission may designate if
consistent with the protection of investors and the public interest.
Therefore, the foregoing rule change has become effective pursuant to
section 19(b)(3)(A) of the Act \8\ and subparagraph (f)(6) of Rule 19b-
4 thereunder.\9\ The Exchange has asked the Commission to waive the
operative delay to permit the Pilot Program extension to become
operative prior to the 30th day after filing.\10\
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    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(6).
    \10\ As required under Rule 19b-4(f)(6)(iii), the Exchange
provided the Commission with written notice of its intent to file
the proposed rule change at least five business days before doing
so.
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    The Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest
because it will allow the benefits of the Pilot Program to continue
without interruption.\11\ Therefore, the Commission designates the
proposal operative upon filing.\12\
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    \11\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
    \12\ As set forth in the Pilot Program Release, if the Exchange
were to propose an extension, an expansion, or permanent approval of
the Pilot Program, the Exchange would submit, along with any filing
proposing such amendments to the program, a report that would
provide an analysis of the Pilot Program covering the entire period
during which the Pilot Program was in effect. The report would
include, at a minimum: (1) Data and written analysis on the open
interest and trading volume in the classes for which Quarterly
Options Series were opened; (2) an assessment of the appropriateness
of the option classes selected for the Pilot Program; (3) an
assessment of the impact of the Pilot Program on the capacity of the
Exchange, OPRA, and market data vendors (to the extent data from
market data vendors is available); (4) any capacity problems or
other problems that arose during the operation of the Pilot Program
and how the Exchange addressed such problems; (5) any complaints
that the Exchange received during the operation of the Pilot Program
and how the Exchange addressed them; and (6) any additional
information that would assist in assessing the operation of the
Pilot Program. The report must be submitted to the Commission at
least sixty (60) days prior to the expiration date of the Pilot
Program. See Pilot Program Release, supra note 5.

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    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate the rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File No. SR-CBOE-2007-70 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.
    All submissions should refer to File Number SR-CBOE-2007-70. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commissions Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments,

all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room, 100 F Street,
NE., Washington, DC 20549, on official business days between the hours
of 10 a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-CBOE-2007-70 and should be
submitted on or before August 6, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\13\
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    \13\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-13696 Filed 7-13-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 79, Number 93 (Wednesday, May 14, 2014)]
[Notices]
[Pages 27666-27669]
[FR Doc No: 2014-11032]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-72128; File No. SR-BATS-2014-017]

Self-Regulatory Organizations; BATS Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change Related to
Fees for Use of BATS Exchange, Inc.

May 8, 2014.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on April 28, 2014, BATS Exchange, Inc. (the ``Exchange'' or
``BATS'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II
and III below, which Items have been prepared by the Exchange. The
Exchange has designated the proposed rule change as one establishing or
changing a member due, fee, or other charge imposed by the Exchange
under Section 19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2)
thereunder,\4\ which renders the proposed rule change effective upon
filing with the Commission. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    Exchange filed a proposal to amend the fee schedule applicable to
Members \5\ and non-members of the Exchange pursuant to BATS Rules
15.1(a) and (c). Changes to the fee schedule pursuant to this proposal
are effective upon filing.
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    \5\ A Member is defined as ``any registered broker or dealer
that has been admitted to membership in the Exchange.'' See Exchange
Rule 1.5(n).
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    The text of the proposed rule change is available at the Exchange's
Web site at http://www.batstrading.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to modify its fee schedule applicable to use
of the Exchange in order to: (i) Introduce ``Step-Up Tiers'' and a
corresponding definition of ``Step-Up Add TCV'' on the Exchange's
equities trading platform (``BATS Equities''); (ii) introduce a
``Cross-Asset Step-Up Tier'' and a corresponding definition of
``Options Step-Up Add TCV'' for the purposes of BATS Equities pricing;
(iii) introduce a new tier for Customer \6\ orders that add liquidity
to the Exchange's options platform (``BATS Options'') in options
classes subject to the penny pilot program as described below (``Penny
Pilot Securities'') \7\ and add a

corresponding definition of ``ADAV'' for purposes of BATS Options
pricing; and (iv) make a change to clarify that Enhanced Rebates will
continue to only apply to Members that qualify for Volume Tier 2.
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    \6\ As defined on the Exchange's fee schedule, a ``Customer''
order is any transaction identified by a Member for clearing in the
Customer range at the Options Clearing Corporation (``OCC''), except
for those designated as ``Professional.''
    \7\ The Exchange currently charges different fees and provides
different rebates depending on whether an options class is an
options class that qualifies as a Penny Pilot Security pursuant to
Exchange Rule 21.5, Interpretation and Policy .01 or is a non-penny
options class.
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Background
    Currently, with respect to BATS Equities, the Exchange determines
the liquidity adding rebate that it will provide to Members using the
Exchange's tiered pricing structure, which is based on the Member
meeting certain volume tiers based on their ADAV \8\ as a percentage of
TCV \9\ or ADV \10\ as a percentage of TCV. Under such pricing
structure, a Member will receive an adding rebate of anywhere between
$0.0020 and $0.0032 per share executed, depending on the volume tier
for which such Member qualifies.
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    \8\ As provided in the fee schedule, for purposes of BATS
Equities pricing, ``ADAV'' means average daily added volume
calculated as the number of shares added per day on a monthly basis;
neither routed shares nor shares added on any day that the
Exchange's system experiences a disruption that lasts for more than
60 minutes during regular trading hours (``Exchange System
Disruption'') and on the last Friday in June (the ``Russell
Reconstitution Day'') are included in ADAV calculation.
    \9\ As provided in the fee schedule, for purposes of BATS
Equities pricing, ``TCV'' means total consolidated volume calculated
as the volume reported by all exchanges and trade reporting
facilities to a consolidated transaction reporting plan for the
month for which the fees apply, excluding volume on any day that the
Exchange experiences an Exchange System Disruption or the Russell
Reconstitution Day.
    \10\ As provided in the fee schedule, for purposes of BATS
Equities pricing, ``ADV'' means average daily volume calculated as
the number of shares added or removed, combined, per day on a
monthly basis; neither routed shares nor shares added or removed on
any day that the Exchange experiences an Exchange System Disruption
and the Russell Reconstitution Day are included in ADV calculation.
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    The Exchange proposes to add two new types of tiers in addition to
the volume tiers described above: Step-Up Tiers and a Cross-Asset Step-
Up tier. The existing volume tiers will remain the same and both the
Step-Up Tiers and Cross-Asset Step Up Tier will provide Members with
additional ways to qualify for enhanced rebates. As proposed, a Member
will receive the higher of the volume rebates, step-up rebates, or
cross-asset step-up rebates for which they qualify.
Step-Up Tier 1 and Step-Up Tier 2
    The Exchange proposes to add two tiers to its fee schedule: Step-Up
Tier 1 and Step-Up Tier 2, both of which are similar to step-up tiers
currently employed by NYSE Arca, Inc. (``Arca'').\11\ The Exchange also
proposes to add a corresponding definition of ``Step-Up Add TCV.''
Step-Up Tier 1 and Step-Up Tier 2 are designed to incentivize Members
to increase their participation on the Exchange in terms of their ADAV
compared to their January 2014 ADAV.
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    \11\ See Exchange Act Release No. 64820 (July 12 [sic], 2011),
76 FR 40974 (July 6 [sic], 2011) (SR-NYSEArca-2011-41).
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    For purposes of BATS Equities pricing, the Exchange also proposes
to define the term, ``Step-Up Add TCV'' within the definition of ADAV.
As described more fully below, Step-Up Add TCV would be defined as ``a
percentage of TCV in January 2014 subtracted from current ADAV as a
percentage of TCV.'' Proposed Step-Up Tier 1 would provide a rebate of
$0.0029 per share where the Member's Step-Up Add TCV is equal to or
greater than 0.10% and Step-Up Tier 2 would provide a rebate of $0.0030
where the Member's Step-Up Add TCV is equal to or greater than 0.15%. A
Member's Step-Up Add TCV is calculated as the increase in the Member's
current ADAV as a percentage of TCV (``Current ADAV'') over the
Member's ADAV as a percentage of TCV from January 2014 (``Baseline
ADAV''). Where a Member's Current ADAV is at least 0.10% (0.15%)
greater than its Baseline ADAV, the Member will qualify for Step-Up
Tier 1 (Step-Up Tier 2). By way of example, where a Member's Baseline
ADAV is 0.09%, the Member would qualify for Step-Up Tier 1 if the
Member's Current ADAV is at least 0.19% and Step-Up Tier 2 if the
Member's Current ADAV is at least 0.24%.
Cross-Asset Step-Up Tier
    The Exchange also proposes to add a single Cross-Asset Step-Up
Tier, which is designed to incentivize Members to both increase their
participation on the Exchange in terms of their ADAV and their ADAV on
BATS Options (``Options ADAV'') compared to their January 2014 ADAV and
Options ADAV. The Cross-Asset Step-Up Tier is also similar to a cross
asset tier employed by Arca.\12\
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    \12\ See Exchange Act Release No. 67424 (July 18 [sic], 2012),
77 FR 42347 (July 12 [sic], 2012) (SR-NYSEArca-2012-70).
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    The Exchange also proposes to add corresponding definitions of
``ADAV'' for BATS Options pricing and ``Options Step-Up Add TCV'' for
BATS Equities pricing. First, for purposes of BATS Options pricing, the
Exchange proposes to define ``ADAV'' within in the definition of ADV
for as the ``average daily added volume calculated as the number of
contracts added.'' The Exchange also proposes to clarify that ADAV is
calculated on a monthly basis and that neither routed shares nor shares
added on any day that the Exchange experiences an Exchange System
Disruption and the Russell Reconstitution Day are included in ADAV
calculation. The Exchange notes that its proposed definition of ADAV
for BATS Options pricing mirrors the definition of ADAV under BATS
Equities pricing. Second, for purposes of BATS Equities pricing, the
Exchange proposes to define ``Options Step-Up Add TCV'' within the
definition of ADV and ADAV as ``ADAV as a percentage of TCV in January
2014 subtracted from current ADAV as a percentage of TCV, using the
definitions of ADAV and TCV as provided under Options Pricing.''
    The proposed Cross-Asset Step-Up Tier would provide a rebate of
$0.0032 per share where the Member's Step-Up Add TCV is equal to or
greater than 0.30% and the Member's Options Step-Up Add TCV is greater
than 0.40%. A Member's Options Step-Up Add TCV is calculated as the
increase in the Member's current Options ADAV as a percentage of
options TCV (``Options TCV'') \13\ (``Current Options ADAV'') over the
Member's Options ADAV as a percentage of Options TCV from January 2014
(``Baseline Options ADAV''). By way of example, where a Member's
Baseline ADAV is 0.09% and the Member's Baseline Options ADAV is 0.04%,
the Member would need to achieve a Current ADAV of 0.39% and a Current
Options ADAV of 0.44% in order to qualify for the Cross-Asset Step-Up
Tier and its $0.0032 per share rebate.
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    \13\ As provided in the fee schedule, for purposes of BATS
Options pricing, ``TCV'' means total consolidated volume calculated
as the volume reported by all exchanges to the consolidated
transaction reporting plan for the month for which the fees apply,
excluding volume on any day that the Exchange experiences an
Exchange System Disruption.
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Additional Cross-Asset Tier
    The Exchange also proposes to add an additional cross-asset tier
for Customer orders that add liquidity on BATS Options in Penny Pilot
Securities, which is also similar to a cross-asset tier employed by
Arca.\14\ The proposed cross-asset tier would provide an additional way
for Members to receive a $0.50 per contract rebate, which is the
highest rebate available in Customer orders in Penny Pilot Securities.
Currently, in order to receive a $0.50 rebate for Customer orders that
add liquidity in Penny Pilot Securities, the

Member must have an ADV \15\ equal to or greater than 1.00% of average
TCV. The Exchange now proposes to create an additional cross-asset
tier, which is designed to incentivize Members to achieve certain
levels of participation in both BATS Options and BATS Equities. As
proposed, the cross-asset tier would provide a rebate of $0.0050 per
contract for Customer orders that add liquidity on BATS Options in
Penny Pilot Securities where such Member has an ADV equal to or greater
than 0.90% of average TCV on BATS Options and has on BATS Equities and
ADAV equal to or greater than 0.25% of average TCV, as defined on the
fee schedule under Equities Pricing. Such a tier would provide Members
with an additional means to reaching the $0.0050 per contract rebate
for Customer orders in Penny Pilot Securities.
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    \14\ See Exchange Act Release No. 67020 (May 24 [sic], 2012), 77
FR 31050 (May 18 [sic], 2012) (SR-NYSEArca-2012-41).
    \15\ As provided in the fee schedule, for purposes of BATS
Options pricing, ``ADV'' means average daily volume calculated as
the number of contracts added or removed, combined, per day on a
monthly basis; neither routed shares nor shares added or removed on
any day that the Exchange experiences an Exchange System Disruption
and the Russell Reconstitution Day are included in ADV calculation.
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Clarifying Change
    Finally, the Exchange proposes to make one non-substantive change
to the fee schedule by adding the word ``Volume'' in front of ``Tier
2'' under Additional Rebates. The Exchange believes this change further
clarifies that the Additional Rebates will continue to apply only to
Members that qualify for Volume Tier 2.
Implementation Date
    The Exchange proposes to implement these amendments to its fee
schedule on May 1, 2014.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the requirements of the Act and the rules and regulations
thereunder that are applicable to a national securities exchange, and,
in particular, with the requirements of Section 6 of the Act.\16\
Specifically, the Exchange believes that the proposed rule change is
consistent with Section 6(b)(4) of the Act,\17\ in that it provides for
the equitable allocation of reasonable dues, fees and other charges
among members and other persons using any facility or system which the
Exchange operates or controls. The Exchange notes that it operates in a
highly competitive market in which market participants can readily
direct order flow to competing venues if they deem fee levels at a
particular venue to be excessive.
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    \16\ 15 U.S.C. 78f.
    \17\ 15 U.S.C. 78f(b)(4).
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Step-Up and Cross-Asset Tiers
    The Exchange believes that providing additional financial
incentives to Members that demonstrate an increase over their Baseline
ADAV through the Step-Up Tiers and the cross-asset step up tier offers
an additional, flexible way to achieve financial incentives from the
Exchange and encourages Members to add increasing amounts of liquidity
to both BATS Equities and BATS Options as compared to January 2014.
Similarly, the Exchange cross-asset tier provides an additional
incentive for Members to reach certain thresholds on both BATS Equities
and BATS Options, which will also encourage members to add liquidity on
BATS Equities and BATS Options. The increased liquidity from each of
these proposals also benefits all investors by deepening the BATS
Equities and BATS Options liquidity pools, offering additional
flexibility for all investors to enjoy cost savings, supporting the
quality of price discovery, promoting market transparency and improving
investor protection. Such pricing programs thereby reward a Member's
growth pattern and such increased volume increases potential revenue to
the Exchange, and will allow the Exchange to continue to provide and
potentially expand the incentive programs operated by the Exchange.
These pricing programs are also fair and equitable in that they are
available to all Members and will result in Members receiving either
the same or an increased rebate than they would currently receive. The
Exchange also notes that the proposed step-up and cross-asset tiers are
similar to pricing tiers currently available on Arca.\18\
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    \18\ See supra notes 9, 10, and 12.
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    Volume-based rebates and fees such as the ones maintained on both
BATS Equities and BATS Options as well as the Step-Up Tiers, the cross-
asset step-up tier, and the cross-asset tier proposed herein, have been
widely adopted in the cash equities markets and are equitable because
they are open to all Members on an equal basis and provide additional
benefits or discounts that are reasonably related to the value to an
exchange's market quality associated with higher levels of market
activity, such as higher levels of liquidity provision and/or growth
patterns, and introduction of higher volumes of orders into the price
and volume discovery processes. Further, the Exchange believes that the
cross-asset step-up tier and cross-asset tier will provide such
enhancements in market quality on both BATS Equities and BATS Options
by incentivizing increased participation on both platforms. The
Exchange notes that it is not proposing to modify any existing tiers,
but rather to add new tiers that will provide Members with additional
ways to receive higher rebates, meaning that under the proposal, a
Member will receive either the same or a higher rebate than they would
receive today. Accordingly, the Exchange believes that the proposed
additions to the Exchange's tiered pricing structure and incentives are
not unfairly discriminatory because they will apply uniformly to all
Members and are consistent with the overall goals of enhancing market
quality on both BATS Equities and BATS Options.
Clarifying Change
    Finally, the Exchange believes that the clarifying change that adds
the word ``Volume'' in front of ``Tier 2'' under Additional Rebates is
reasonable as it will help to avoid confusion for those that review the
Exchange's fee schedule. The Exchange notes that the proposed change is
not designed to amend any fee or rebate, nor alter the manner in which
it assesses fees or calculates rebates. The Exchange believes that the
proposed amendment is intended to make the fee schedule clearer and
less confusing for investors and eliminate potential investor
confusion, thereby removing impediments to and perfecting the mechanism
of a free and open market and a national market system, and, in
general, protecting investors and the public interest.

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

    The Exchange does not believe that the proposed rule change will
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act, as amended. With
respect to the proposed new tiered rebates, the Exchange does not
believe that any such changes burden competition, but instead, enhance
competition, as they are intended to increase the competitiveness of
and draw additional volume to both BATS Equities and BATS Options. The
Exchange also believes the proposed step-up and cross-asset tiers would
enhance competition because they are similar to pricing tiers currently
available on Arca.\19\ As stated above, the Exchange notes that it
operates in a highly competitive market in which market participants
can readily direct order flow to competing venues if the

deem fee structures to be unreasonable or excessive. The proposed
changes are generally intended to enhance the rebates for liquidity
added to the Exchange, which is intended to draw additional liquidity
to the Exchange. In addition, the Exchange believes that the proposed
non-substantive change to add the word ``Volume'' in front of ``Tier
2'' under Additional Rebates would not affect intermarket nor
intramarket competition because the change does not alter the criteria
necessary to achieve the tiers nor the rates offered by the tiers. As
such, the proposal is a competitive proposal that is intended to add
additional liquidity to the Exchange, which will, in turn, benefit the
Exchange and all Exchange participants.
---------------------------------------------------------------------------

    \19\ See supra notes 9, 10, and 12.
---------------------------------------------------------------------------

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

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any written comments from members or other interested parties.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \20\ and paragraph (f) of Rule 19b-4
thereunder.\21\ At any time within 60 days of the filing of the
proposed rule change, the Commission summarily may temporarily suspend
such rule change if it appears to the Commission that such action is
necessary or appropriate in the public interest, for the protection of
investors, or otherwise in furtherance of the purposes of the Act.
---------------------------------------------------------------------------

    \20\ 15 U.S.C. 78s(b)(3)(A).
    \21\ 17 CFR 240.19b-4(f).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-BATS-2014-017 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BATS-2014-017. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room at 100 F Street NE.,
Washington, DC 20549-1090 on official business days between the hours
of 10:00 a.m. and 3:00 p.m. Copies of such filing also will be
available for inspection and copying at the principal office of the
Exchange. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-
BATS-2014-017, and should be submitted on or before June 4, 2014.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\22\
---------------------------------------------------------------------------

    \22\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-11032 Filed 5-13-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 98 (Friday, May 20, 2022)]
[Rules and Regulations]
[Pages 30802-30804]
[FR Doc No: 2022-10846]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0026]
RIN 1625-AA00

Safety Zone; Lady Liberty Sharkfest Swim, Upper New York Harbor,
Liberty Island NY

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters within a 100-yard radius of each swimmer during the
Lady Liberty Sharkfest Swim on July 16, 2022. The safety zone is needed
to protect the maritime public and event participants from the hazards
associated with swim events taking place in a high vessel traffic area.
Entry of vessels or persons into this zone is prohibited unless
specifically authorized by the Captain of the Port New York or a
designated representative.

DATES: This rule is effective from 7 a.m. until 10 a.m. on July 16,
2022.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0026 in the ``SEARCH'' box and click ``SEARCH.'' Next, in the
Document Type column, select ``Supporting & Related Material.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email MST1 L. Gutierrez, Waterways Management Division, U.S.
Coast Guard; telephone<PHONE_NUMBER>, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The event sponsor notified the Coast Guard that it will be
conducting the Lady Liberty Sharkfest Swim on July 16, 2022, from 7:30
a.m. to 8:30 a.m. with approximately 200 participants and several
support vessels. Participants will swim between Liberty Island, New
York and Morris Canal, New Jersey. In response, on March 1, 2022, the
Coast Guard published a notice of proposed rulemaking (NPRM) titled
``Safety Zone; Lady Liberty Sharkfest Swim, Upper New York Harbor,
Liberty Island, NY'' (87 FR 11371). There we stated why we issued the
NPRM, and invited comments on our proposed regulatory action related to
this marine event. During the comment period that ended March 31, 2022,
we received one comment.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port New York
(COTP) has determined that potential hazards associated with swim
events occurring in high traffic areas of the Upper New York Harbor on
July 16, 2022, will be a safety concern for anyone within a 100-yard
radius of swimmers. The purpose of this rule is to protect maritime
public and event participants from the hazards associated with the swim
event until the conclusion of the event.

IV. Discussion of the Rule

    As noted above, we received one comment on our NPRM published March
1, 2022. This comment was in support of the rule. There are no changes
in the regulatory text of this rule from the proposed rule in the NPRM.
    This rule establishes a temporary safety zone within 100 yards of
each participant for the swim event on the navigable waters of the
Upper New York Bay located between Liberty Island, New York, and Morris
Canal, New Jersey. A portion of the navigable waters will be closed
during the effective period to all vessel traffic except patrol crafts.
The swim event will occur from approximately 7:30 a.m. until
approximately 8:30 a.m. on July 16, 2022. In order to coordinate the
safe movement of vessels within the area and to ensure that the area is
clear of unauthorized persons and vessels before, during, and
immediately after the swim event, this zone will be effective from
approximately 7 a.m. until approximately 10 a.m. on July 16, 2022.
    Vessels will still be able to transit the surrounding area and may
be authorized to transit through the safety zone with the permission
from the COTP or the designated representative. The COTP does not
anticipate any negative impact on vessel traffic due to this safety
zone.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive order related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. This rule has not been designated
a ``significant regulatory action,'' under Executive Order 12866.
Accordingly, it has not been reviewed by the Office of Management and
Budget.
    This regulatory action determination is based on the size,
location, duration, and time-of-year of the safety zone. Vessel traffic
will be able to safely transit around this safety zone which will
impact a small designated area of the Upper New York Harbor in vicinity
of Ellis and Liberty Islands for 3 hours and during a time of day when
vessel traffic is normally low. Moreover, the Coast Guard will issue
Broadcast Notice to Mariners via VHF-FM marine channel 16 about the
zone and the rule allows vessels to seek permission to enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations

that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received zero comments from the Small Business
Administration on this rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have a significant economic
impact on a substantial number of small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A. above, this rule will not have a significant economic impact on
any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves a
safety zone lasting approximately 3 hours that will prohibit entry
within 100 yards of participating swimmers for the Lady Liberty
Sharkfest Swim. It is categorically excluded from further review under
paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-
01-001-01, Rev. 1. A Record of Environmental Consideration for
Categorically Excluded Actions is available in the docket where
indicated under ADDRESSES.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.2.

0
2. Add Sec.  165.T01-0026 to read as follows:

Sec.  165.T01-0026  Safety Zone; Lady Liberty Sharkfest Swim, Upper New
York Harbor, Liberty Island NY.

    (a) Location. The following area is a safety zone: All waters of
the Upper New York Harbor, from surface to bottom, within a 100 yard
radius of each participating swimmer during the Lady Liberty Sharkfest
Swim.
    (b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port New York (COTP) in the enforcement of the safety
zone.
    (c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's
representative via VHF channel 16 or by phone at<PHONE_NUMBER> (Sector
New York Command Center). Those in the safety zone must comply with all
lawful orders or directions given to them by the COTP or the COTP's
designated representative.

    (d) Enforcement period. This section will be enforced from 7 a.m.
through 10 a.m. on July 16, 2022.
    (e) Information broadcasts. The COTP or a designated representative
will inform the public through Broadcast Notice to Mariners of any
changes in the planned schedule.

    Dated: May 16, 2022.
Z. Merchant,
Captain, U.S. Coast Guard, Captain of the Port, New York.
[FR Doc. 2022-10846 Filed 5-19-22; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 85, Number 42 (Tuesday, March 3, 2020)]
[Notices]
[Page 12634]
[FR Doc No: 2020-04350]

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SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-187, OMB Control No. 3235-0211]

Submission for OMB Review; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE, Washington, DC
20549-2736.

Extension:
    Rule 18f-1 and Form N-18f-1

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 350l-3520), the Securities and Exchange
Commission (``Commission'') has submitted to the Office of Management
and Budget a request for extension of the previously approved
collection of information discussed below.
    Rule 18f-1 (17 CFR 270.18f-1) enables a registered open-end
management investment company (``fund'') that may redeem its securities
in-kind, by making a one-time election, to commit to make cash
redemptions pursuant to certain requirements without violating section
18(f) of the Investment Company Act of 1940 (15 U.S.C. 80a-18(f)). A
fund relying on the rule must file Form N-18F-1 (17 CFR 274.51) to
notify the Commission of this election. The Commission staff estimates
that 22 funds file Form N-18F-1 annually, and that each response takes
one hour. Based on these estimates, the total annual burden hours
associated with the rule is estimated to be 22 hours. The estimated
burden hours associated with rule 18f-1 and Form 18F-1 have decreased
by 16 hours from the current allocation of 38 hours. This decrease is
due to a decrease in the estimated number of investment companies
filing Form N-18F-1 annually. There is no external cost associated with
this collection of information.
    The estimate of average burden hours is made solely for the
purposes of the Paperwork Reduction Act, and is not derived from a
comprehensive or even a representative survey or study of the costs of
Commission rules. The collection of information required by rule 18f-1
is necessary to obtain the benefits of the rule. Responses to the
collection of information will not be kept confidential. 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 control
number.
    The public may view the background documentation for this
information collection at the following website, www.reginfo.gov.
Comments should be directed to: (i) Desk Officer for the Securities and
Exchange Commission, Office of Information and Regulatory Affairs,
Office of Management and Budget, Room 10102, New Executive Office
Building, Washington, DC 20503, or by sending an email to:
<EMAIL_ADDRESS>and (ii) David Bottom, Director/Chief
Information Officer, Securities and Exchange Commission, c/o Cynthia
Roscoe, 100 F Street NE, Washington, DC 20549 or send an email to:
<EMAIL_ADDRESS>Comments must be submitted to OMB within 30 days
of this notice.

    Dated: February 27, 2020.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-04350 Filed 3-2-20; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 70 (Tuesday, April 12, 2016)]
[Proposed Rules]
[Pages 21493-21495]
[FR Doc No: 2016-08247]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-5807; Directorate Identifier 2015-SW-063-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for
Airbus Helicopters Model AS355NP helicopters with certain fire
extinguishing systems. This proposed AD would require removing and
installing the fire extinguishing system so that each squib on the
engine compartment fire extinguisher is controlled by a matching
control button. This proposed AD is prompted by the discovery that the
left-hand discharge system of the fire extinguishing system was
incorrectly connected to the right-hand engine compartment and the
right-hand discharge system was incorrectly connected to the left-hand
engine compartment. The proposed actions would correct the connections
and would prevent the fire extinguishing system discharging to the
wrong engine compartment, failure of the fire extinguishing system to
control a fire, and subsequent loss of control of the helicopter.

DATES: We must receive comments on this proposed AD by June 13, 2016.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Docket: Go to http://www.regulations.gov. Follow the online instructions for sending your
comments electronically.
     Fax:<PHONE_NUMBER>.
     Mail: Send comments to the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.
     Hand Delivery: Deliver to the ``Mail'' address 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 by searching for and locating Docket No. FAA-2015-
5807; or in person at the Docket Operations Office between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The AD docket
contains this proposed AD, the European Aviation Safety Agency (EASA
AD), the economic evaluation, any comments received, and other
information. The street address for the Docket Operations Office
(telephone<PHONE_NUMBER>) is in the ADDRESSES section. Comments will be
available in the AD docket shortly after receipt.
    For service information identified in this proposed rule, contact
Airbus Helicopters, 2701 N. Forum Drive, Grand Prairie, TX 75052;
telephone<PHONE_NUMBER> or<PHONE_NUMBER>; fax<PHONE_NUMBER>; or at
http://www.airbushelicopters.com/techpub.
    You may review the referenced service information at the FAA,
Office of the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy,
Room 6N-321, Fort Worth, TX 76177.

FOR FURTHER INFORMATION CONTACT: George Schwab, Aviation Safety
Engineer, Safety Management Group, Rotorcraft Directorate, FAA, 10101
Hillwood Pkwy, Fort Worth, TX 76177; telephone<PHONE_NUMBER>; email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to participate in this rulemaking by submitting
written comments, data, or views. We also invite comments relating to
the economic, environmental, energy, or federalism impacts that might
result from adopting the proposals in this document. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. To
ensure the docket does not contain duplicate comments, commenters
should send only one copy of written comments, or if comments are filed
electronically, commenters should submit only one time.

    We will file in the docket all comments that we receive, as well as
a report summarizing each substantive public contact with FAA personnel
concerning this proposed rulemaking. Before acting on this proposal, we
will consider all comments we receive on or before the closing date for
comments. We will consider comments filed after the comment period has
closed if it is possible to do so without incurring expense or delay.
We may change this proposal in light of the comments we receive.

Discussion

    EASA, which is the Technical Agent for the Member States of the
European Union, issued EASA Emergency AD No. 2011-0192-E, dated October
4, 2011, to correct an unsafe condition for Eurocopter (now Airbus
Helicopters) Model AS355NP helicopters equipped with an Arrius 1A1
engine fire extinguishing system through production modification OP-
3931. EASA advises that during an inspection of the engine fire
extinguishing system on an AS355NP helicopter, the left hand (LH) fire
extinguisher discharge system was found connected to the right hand
(RH) engine compartment and the RH discharge system was connected to
the LH engine compartment. An investigation showed that this erroneous
installation was inherent in Eurocopter production modification OP-
3931. According to EASA, this condition, if not detected and corrected,
could lead to the discharge of the fire extinguisher in the wrong
engine compartment in the event of a fire. Pending the development of a
modified extinguishing system, EASA Emergency AD No. 2011-0192-E
required installing a placard warning the flight crew of the erroneous
installation until the squibs on each fire extinguisher are exchanged.
    After EASA issued Emergency AD No. 2011-0192-E, Airbus Helicopters
developed a permanent modification of the discharge system to
reconfigure the position of the squibs on each fire extinguisher to
line up with the control buttons. EASA subsequently issued superseding
EASA AD No. 2015-0181, dated August 31, 2015, to retain the
requirements of its previous Emergency AD and require the modification
of the engine fire extinguishing discharge system within 12 months.

FAA's Determination

    These helicopters have been approved by the aviation authority of
France and are approved for operation in the United States. Pursuant to
our bilateral agreement with France, EASA, its technical
representative, has notified us of the unsafe condition described in
its AD. We are proposing this AD because we evaluated all known
relevant information and determined that an unsafe condition is likely
to exist or develop on other products of the same type design.

Related Service Information Under 1 CFR Part 51

    We reviewed Airbus Helicopters Alert Service Bulletin No. AS355-
26.00.10, Revision 0, dated July 2, 2015 (ASB AS355-26.00.10). ASB
AS355-26.00.10 provides procedures for removing the fire extinguishing
system and re-installing it in a configuration where the squibs match
the positioning of the fire extinguisher discharge heads. ASB AS355-
26.00.10 also specifies removing any previously-affixed placard on the
instrument panel and installing new discharge system pipes. Helicopters
with modification 07-3990 installed have already complied with ASB
AS355-26.00.10.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in the ADDRESSES section.

Other Related Service Information

    We also reviewed Eurocopter Emergency Alert Service Bulletin No.
26.00.09, Revision 0, dated September 15, 2011 (EASB 26.00.09), issued
prior to the permanent modification developed by Airbus Helicopters.
EASB 26.00.09 provided procedures for interchanging the squibs on each
fire extinguisher. Until this was accomplished, EASB 26.00.09 specified
affixing a label on the instrument panel to make the flight crew aware
of the crossed connection.

Proposed AD Requirements

    This proposed AD would require within 600 hours time-in-service or
at the next annual inspection, whichever occurs first, removing and
correctly installing the fire extinguishing system, and removing any
placards on the instrument panel if installed.

Differences Between This Proposed AD and the EASA AD

    The EASA AD requires installing a placard on the instrument panel
to warn the flight crew of the erroneous installation until the squibs
on each fire extinguisher are exchanged, and then, within 12 months,
removing and re-installing the fire extinguishing system to position
the squibs in line with the control buttons. This proposed AD would not
require installation of the placards or the temporary exchange of the
squibs. Also, this proposed AD would require removing and re-installing
the fire extinguisher system within 600 hours TIS or at the next annual
inspection, whichever occurs first.

Costs of Compliance

    We estimate that this proposed AD would affect 2 helicopters of
U.S. Registry and that labor costs average $85 per work hour. We expect
that removing and installing the fire extinguishing system would
require 24 work hours and required parts would cost $6,367. Based on
these estimates, we expect a total cost of $8,407 per helicopter and
$16,814 for the U.S. fleet.

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, 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);
    3. Will not affect intrastate aviation in Alaska to the extent that
it justifies making a regulatory distinction; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities

under the criteria of the Regulatory Flexibility Act.
    We prepared an economic 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

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

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

Sec.  39.13  [Amended]

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

Airbus Helicopters: Docket No. FAA-2015-5807; Directorate Identifier
2015-SW-063-AD.

(a) Applicability

    This AD applies to Airbus Helicopters Model AS355NP helicopters,
certificated in any category, with an Arrius 1A1 fire extinguishing
system installed.

(b) Unsafe Condition

    This AD defines the unsafe condition as an incorrectly connected
fire extinguishing discharge system. This condition could result in
the fire extinguishing system discharging to the wrong engine
compartment, failure of the fire extinguishing system to contain a
fire, and loss of control of the helicopter.

(c) Comments Due Date

    We must receive comments by June 13, 2016.

(d) Compliance

    You are responsible for performing each action required by this
AD within the specified compliance time unless it has already been
accomplished prior to that time.

(e) Required Actions

    Within 600 hours time-in-service or at the next annual
inspection, whichever occurs first, remove and install the fire
extinguishing system, and remove any placards on the instrument
panel if installed, in accordance with the Accomplishment
Instructions, paragraph 3.B. and 3.B.1 through 3.B.2, of Airbus
Helicopters Alert Service Bulletin No. AS355-26.00.10, Revision 0,
dated July 2, 2015.

(f) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Group, FAA, may approve AMOCs
for this AD. Send your proposal to: George Schwab, Aviation Safety
Engineer, Safety Management Group, Rotorcraft Directorate, FAA,
10101 Hillwood Pkwy, Fort Worth, TX 76177; telephone<PHONE_NUMBER>;
email<EMAIL_ADDRESS>    (2) For operations conducted under a 14 CFR part 119 operating
certificate or under 14 CFR part 91, subpart K, we suggest that you
notify your principal inspector, or lacking a principal inspector,
the manager of the local flight standards district office or
certificate holding district office before operating any aircraft
complying with this AD through an AMOC.

(g) Additional Information

    (1) Eurocopter Emergency Alert Service Bulletin No. 26.00.09,
Revision 0, dated September 15, 2011, which is not incorporated by
reference, contains additional information about the subject of this
AD. For service information identified in this AD, contact Airbus
Helicopters, 2701 N. Forum Drive, Grand Prairie, TX 75052; telephone
(972) 641-0000 or<PHONE_NUMBER>; fax<PHONE_NUMBER>; or at http://www.airbushelicopters.com/techpub. You may review the referenced
service information at the FAA, Office of the Regional Counsel,
Southwest Region, 10101 Hillwood Pkwy, Room 6N-321, Fort Worth, TX
76177.
    (2) The subject of this AD is addressed in European Aviation
Safety Agency (EASA) AD No. 2015-0181, dated August 31, 2015. You
may view the EASA AD on the Internet at http://www.regulations.gov
in the AD Docket.

(h) Subject

    Joint Aircraft Service Component (JASC) Code: 2620,
Extinguishing System.

    Issued in Fort Worth, Texas, on April 4, 2016.
Scott A. Horn,
Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2016-08247 Filed 4-11-16; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: February 10, 2009 (Volume 74, Number 26)]
[Notices]
[Page 6620]
[DOCID:fr10fe09-56]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13292-000]

Whitman River Dam, Inc.; Notice of Preliminary Permit Application
Accepted for Filing and Soliciting Comments, Motions To Intervene, and
Competing Applications

February 3, 2009.
    Whitman River Dam, Inc. (WRD) filed an application on September 26,
2008, pursuant to section 4(f) of the Federal Power Act, proposing to
study the feasibility of the Round Meadows Pond Dam Hydroelectric
Project, which would be located in the town of Westminster on the
Whitman River in Worchester County, Massachusetts.
    The proposed Round Meadows Pond Dam Hydroelectric Project would
utilize WRD's Round Meadows Pond Dam and would consist of: (1) An
existing 250-foot-long, 5-foot-high earthen embankment and masonry dam
and spillway, (2) an existing intake structure, (3) a proposed 1,400-
foot-long, 16-inch-diameter metal penstock; (4) a proposed powerhouse
which would contain one generating unit with a total installed capacity
of 120 kW, (5) a proposed 100-foot-long, 4.1 kV transmission line
connecting to existing power lines, and (6) appurtenant facilities. The
project would have an annual generation of 0.6 gigawatts-hours, which
would be sold to a local utility.
    Applicant Contact: Mr. Stephen C. Doret, P.E., 23 Mill Road,
Westborough, MA 01581; phone:<PHONE_NUMBER>. FERC Contact: Tom
Papsidero,<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Comments, motions to intervene, notices of intent, and competing
applications may be filed electronically via the Internet. See 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. If unable to be filed electronically,
documents may be paper-filed. To paper-file, an original and eight
copies should be mailed to: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426. For
more information on how to submit these types of filings please go to
the Commission's Web site located at http://www.ferc.gov/filing-
comments.asp. More information about this project can be viewed or
printed on the ``eLibrary'' link of Commission's Web site at http://
www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number (P-
13292) in the docket number field to access the document. For
assistance, call toll-free 1-866-208-3372.

 Kimberly D. Bose,
Secretary.
[FR Doc. E9-2695 Filed 2-9-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 190 (Tuesday, October 3, 2023)]
[Notices]
[Pages 68280-68282]
[FR Doc No: 2023-21870]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2023-0078 (Notice No. 2023-11)]

Hazardous Materials: Information Collection Activities

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.

ACTION: Notice and request for comments.

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

SUMMARY: In accordance with the Paperwork Reduction Act of 1995, PHMSA
invites comments on two information collections pertaining to hazardous
materials transportation for which PHMSA intends to request renewal
from the Office of Management and Budget.

DATES: Interested persons are invited to submit comments on or before
December 4, 2023.

ADDRESSES: You may submit comments identified by the Docket Number
PHMSA-2023-0078 (Notice No. 2023-11) by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
     Fax: 1-202-493-2251.
     Mail: Docket Management System; U.S. Department of
Transportation, West Building, Ground Floor, Room W12-140, Routing
Symbol M-30, 1200 New Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: To the Docket Management System; Room W12-
140 on the ground floor of the West Building, 1200 New Jersey Avenue
SE, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
    Instructions: All submissions must include the agency name and
Docket Number (PHMSA-2023-0078) for this notice at the beginning of the
comment. To avoid duplication, please use only one of these four
methods. All comments received will be posted without change to the
Federal Docket Management System (FDMS) and will include any personal
information you provide.
    Requests for a copy of an information collection should be directed
to Steven Andrews or Nina Vore, Standards and Rulemaking Division,
(202) 366-8553, [email protected], Pipeline and Hazardous Materials
Safety Administration, U.S. Department of Transportation, 1200 New
Jersey Avenue SE, Washington, DC 20590-0001.
    Docket: For access to the dockets to read background documents or
comments received, go to http://www.regulations.gov or DOT's Docket
Operations Office (see ADDRESSES).
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.
    Confidential Business Information: Confidential Business
Information (CBI) is commercial or financial information that is both
customarily and actually treated as private by its owner. Under the
Freedom of Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from
public disclosure. If your comments responsive to this notice contain
commercial or financial information that is customarily treated as
private, that you actually treat as private, and that is relevant or
responsive to this notice, it is important that you clearly designate
the submitted comments as CBI. Please mark each page of your submission
containing CBI as ``PROPIN.'' PHMSA will treat such marked submissions
as confidential under the FOIA, and they will not be placed in the
public docket of this notice. Submissions containing CBI should be sent
to Steven Andrews or Nina Vore, Standards and Rulemaking Division and
addressed to the Pipeline and Hazardous Materials Safety
Administration, U.S. Department of Transportation, 1200 New Jersey
Avenue SE, Washington, DC 20590-0001 or [email protected]. Any commentary
that PHMSA receives which is not specifically designated as CBI will be
placed in the public docket for this notice.

FOR FURTHER INFORMATION CONTACT: Steven Andrews or Nina Vore, Standards
and Rulemaking Division,<PHONE_NUMBER>, [email protected], Pipeline and
Hazardous Materials Safety Administration, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION:
    Section 1320.8(d), title 5, Code of Federal Regulations (CFR)
requires PHMSA to provide interested members of the public and affected
agencies an opportunity to comment on information collection and
recordkeeping requests. This notice identifies information collection
requests that PHMSA will be submitting to the Office of Management and
Budget (OMB) for renewal and extension. These information collections
are contained in 49 CFR 171.6 of the Hazardous Materials Regulations
(HMR; 49 CFR parts 171-180). PHMSA has revised burden estimates, where
appropriate, to reflect current reporting levels or adjustments based
on changes in proposed or final rules published since the information
collections were last approved. The following information is provided
for each information collection: (1) title of the information
collection, including former title if a change is being made; (2) OMB
control number; (3) summary of the information collection activity; (4)
description of affected public; (5) estimate of total annual reporting
and recordkeeping burden; and (6) frequency of collection. PHMSA will
request a 3-year term of approval for each information collection
activity and will publish a notice in the Federal Register upon OMB's
approval.
    PHMSA requests comments on the following information collections:
    Title: Hazardous Materials Security Plans.
    OMB Control Number: 2137-0612.
    Summary: To assure public safety, shippers and carriers must take
reasonable measures to plan and implement procedures to prevent
unauthorized persons from taking control of, or attacking, hazardous
materials shipments. Part 172 of the HMR requires persons who offer or
transport certain hazardous materials to develop and implement written
plans to enhance the security of hazardous materials shipments. The
security plan requirements as prescribed in Sec.  172.800(b) apply to
specific types of shipments. Such shipments include but

are not limited to: shipments greater than 3,000 kg (6,614 pounds) for
solids or 3,000 liters (792 gallons) for certain liquids and gases in a
single packaging such as a cargo tank motor vehicle, portable tank,
tank car, or other bulk container; any quantity of a Division 1.1, 1.2,
or 1.3 material; a large bulk quantity of a Division 2.1 material; or
any quantity of a poison-by-inhalation material. A security plan will
enable shippers and carriers to reduce the possibility that a hazardous
materials shipment will be used as a weapon of opportunity by a
terrorist or criminal.
    The following is a list of the information collections and burden
estimates associated with this OMB Control Number:

----------------------------------------------------------------------------------------------------------------
                                                      Annual       Total annual      Hours per     Total annual
             Information collection                 respondents      responses       response      burden hours
----------------------------------------------------------------------------------------------------------------
New Security Plan--Large Companies..............              30              90              50           4,500
New Security Plan--Small Companies..............             170             170              25           4,250
Updating Security Plan--Large Companies.........           6,300          18,900              10         189,000
New Security Plan--Small Companies..............          35,700          35,700               5         178,499
Compilation of Commodity Data--Class I Railroads               7               7              40             280
Compilation of Commodity Data--Class II                       32              32              40           1,280
 Railroads......................................
Compilation of Commodity Data--Class III                     100             100              40           4,000
 Railroads......................................
Primary Route Analysis--Class I Railroads.......               7              60              80           4,800
Primary Route Analysis--Class II Railroads......              32             128              80          10,240
Primary Route Analysis--Class III Railroads.....             100             200              40           8,000
Alternate Route Analysis--Class I Railroads.....               7              60             120           7,200
Alternate Route Analysis--Class II Railroads....              32              96             120          11,520
Alternate Route Analysis--Class III Railroads...             100              50              40           2,000
Route Selection and Completion of Route                        7               7              16             112
 Analysis--Class I Railroads....................
Route Selection and Completion of Route                       32              32              16             512
 Analysis--Class II Railroads...................
Route Selection and Completion of Route                      100             100               8             800
 Analysis--Class III Railroads..................
Storage, Delays in Transit, and Notification--                 7               7               8              56
 Class I Railroads..............................
Storage, Delays in Transit, and Notification--                32              32               8             256
 Class II Railroads.............................
Storage, Delays in Transit, and Notification--               100             100               4             400
 Class III Railroads............................
Notifying a Consignee in the Event of a                        7              12             .50               6
 Significant Delay--Class I Railroads...........
Notifying a Consignee in the Event of a                       32              12             .50               6
 Significant Delay--Class II Railroads..........
Notifying a Consignee in the Event of a                      100               2             .50               1
 Significant Delay--Class III Railroads.........
Inspection--Large Companies.....................             100             100            .008               1
----------------------------------------------------------------------------------------------------------------

    Affected Public: Shippers and carriers of hazardous materials in
commerce.
    Annual Reporting and Recordkeeping Burden:
    Number of Respondents: 43,134.
    Total Annual Responses: 55,997.
    Total Annual Burden Hours: 427,719.
    Frequency of Collection: On occasion.
    Title: Generic Clearance for the Collection of Qualitative Feedback
on Agency Service Delivery.
    OMB Control Number: 2137-0640.
    Summary: The information collection activity will garner
qualitative customer and stakeholder feedback in an efficient, timely
manner, in accordance with the Department's commitment to improving
service delivery. Qualitative feedback is information that provides
useful insights on perceptions and opinions, not statistical surveys
that yield quantitative results that can be generalized to the
population of study. This feedback will provide insight into customer
or stakeholder perceptions, opinions, experiences and expectations, as
well as an early warning of issues with service, or focus attention on
areas where communication, training or changes in operations might
improve delivery of products or services. These collections will allow
for ongoing, collaborative, and actionable communications between PHMSA
and its customers and stakeholders. It will also allow feedback to
contribute directly to the improvement of program management. Feedback
or information collected under this generic clearance will provide
useful information, but it will not yield data that can be generalized
to the overall population.
    The Department will submit a collection for approval under this
generic clearance if it meets the following conditions:
     The collections are voluntary.
     The collections are low-burden for respondents (based on
considerations of total burden hours, total number of respondents, or
burden-hours per respondent) and are low-cost for both the respondents
and the Federal Government.
     The collections are non-controversial and do not raise
issues of concern to other Federal agencies.
     Any collection is targeted to the solicitation of opinions
from respondents who have experience with the program or may have
experience with the program in the near future.
     Personally identifiable information (PII) is collected
only to the extent necessary and is not retained.
     Information gathered is intended to be used only
internally for general service improvement and program management
purposes and is not intended for release outside of the Department (if
released, the Department must indicate the qualitative nature of the
information).
    This type of generic clearance for qualitative information will not
be used for quantitative information collections that are designed to
yield reliably actionable results, such as monitoring trends over time
or documenting program performance. Such data uses require more
rigorous designs that address: the target population to which
generalizations will be made, the sampling frame, the sample design
(including stratification and clustering), the precision requirements
or power calculations that justify the proposed sample size, the
expected response rate, methods for assessing potential nonresponse
bias, the protocols for data collection, and any testing procedures
that were or will be undertaken prior to fielding the study. Depending
on the degree of influence the results are likely

to have, such collections may still be eligible for submission for
other generic mechanisms that are designed to yield quantitative
results.
    Affected Public: Individuals and households, businesses and
organizations, State, local or Tribal governments.
    Annual Reporting and Recordkeeping Burden:
    Number of Respondents: 6,000.
    Total Annual Responses: 6,000.
    Total Annual Burden Hours: 3,000.
    Frequency of Collection: One-time requirement.
    Issued in Washington, DC, on September 28, 2023, under authority
delegated in 49 CFR 1.97.

T. Glenn Foster,
Chief, Regulatory Review and Reinvention Branch, Office of Hazardous
Materials Safety, Pipeline and Hazardous Materials Safety
Administration.
[FR Doc. 2023-21870 Filed 10-2-23; 8:45 am]
BILLING CODE 4910-60-P


[Federal Register: July 3, 2006 (Volume 71, Number 127)]
[Notices]
[Page 37930]
[DOCID:fr03jy06-48]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER05-115-001]

Duke Energy Oakland LLC; Notice of Filing

June 26, 2006.
    Take notice that on May 2, 2006, Duke Energy Oakland LLC filed a
refund report pursuant to the Commission's January 23, 2006 Order.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests 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. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Applicant and all the parties in this proceeding.
    The Commission encourages electronic submission of protests and
interventions 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 or intervention 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
FERCOnlineSupport[comma]ferc.gov, or call<PHONE_NUMBER> (toll free).
For TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on July 6, 2006.

Magalie R. Salas,
Secretary.
[FR Doc. E6-10332 Filed 6-30-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 101 (Wednesday, May 25, 2022)]
[Proposed Rules]
[Pages 31814-31815]
[FR Doc No: 2022-10854]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 751

[EPA-HQ-OPPT-2021-0057; FRL-8332-03-OCSPP]
RIN 2070-AK86

Asbestos Part 1: Chrysotile Asbestos; Regulation of Certain
Conditions of Use Under Section 6(a) of the Toxic Substances Control
Act (TSCA); Extension of Comment Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; extension of comment period.

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SUMMARY: EPA proposed a rule under the Toxic Substances Control Act

(TSCA) to address the unreasonable risk of injury to health it has
identified for conditions of use of chrysotile asbestos following
completion of the TSCA Risk Evaluation for Asbestos, Part 1: Chrysotile
Asbestos.

DATES: The comment period for the proposed rule published April 12,
2022, 87 FR 21706, is extended. Comments must be received on or before
July 13, 2022.

ADDRESSES: Submit your comments, identified by ID number EPA-HQ-OPPT-
2021-0057, through the Federal eRulemaking Portal at https://www.regulations.gov. Follow the online instructions for submitting
comments. Do not submit electronically any information you consider to
be Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Additional instructions on
commenting or visiting the docket, along with more information about
dockets generally, is available at https://www.epa.gov/dockets/about-epa-dockets.

FOR FURTHER INFORMATION CONTACT: For technical information contact:
Peter Gimlin, Existing Chemicals Risk Management Division (Mail Code
7404T), Office of Pollution Prevention and Toxics, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>; email address:
[email protected].
    For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; email address: TSCA- [email protected].

SUPPLEMENTARY INFORMATION: This document extends the public comment
period established in the Federal Register of April 12, 2022 (87 FR
21706) (FRL-8332-02-OCSPP) for 30 days, from June 13, 2022 to July 13,
2022. In that document, EPA proposed a rule under TSCA to address the
unreasonable risk of injury to health it has identified for conditions
of use of chrysotile asbestos following completion of the TSCA Risk
Evaluation for Asbestos, Part 1: Chrysotile Asbestos, and solicited
public comment on the proposed rule. More information on EPA's proposed
regulation and solicitation of comment can be found in the Federal
Register of April 12, 2022.
    EPA received requests to extend the comment period and believes it
is appropriate to do so in order to give stakeholders additional time
to review the proposed regulation and prepare comments.
    If you have questions, consult the technical person listed under
FOR FURTHER INFORMATION CONTACT.

List of Subjects in 40 CFR Part 751

    Environmental protection, Chemicals, Export certification,
Hazardous substances, Import certification, Recordkeeping.

    Dated: May 16, 2022.
Michal Freedhoff,
Assistant Administrator, Office of Chemical Safety and Pollution
Prevention.
[FR Doc. 2022-10854 Filed 5-24-22; 8:45 am]
BILLING CODE 6560-50-P