[Federal Register: September 16, 2008 (Volume 73, Number 180)]
[Notices]
[Page 53422-53424]
[DOCID:fr16se08-47]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-ORD-2008-0629; FRL-8716-5]

Human Studies Review Board; Notice of Public Meeting

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The U.S. Environmental Protection Agency's (EPA or Agency)
Office of the Science Advisor (OSA) announces a public meeting of the
Human Studies Review Board (HSRB) to advise the Agency on EPA's
scientific and ethical review of human subjects research.

DATES: The public meeting will be held from October 21-22, 2008, from
8:30 a.m. to approximately 5:30 p.m., Eastern Standard Time (EST).
    Location: Environmental Protection Agency, Conference Center--Lobby

Level, One Potomac Yard (South Bldg.), 2777 S. Crystal Drive,
Arlington, VA 22202.
    Meeting Access: Seating at the meeting will be on a first-come
basis. To request accommodation of a disability please contact the
person listed under FOR FURTHER INFORMATION CONTACT at least 10
business days prior to the meeting, to allow EPA as much time as
possible to process your request.
    Procedures for Providing Public Input: Interested members of the
public may submit relevant written or oral comments for the HSRB to
consider during the advisory process. Additional information concerning
submission of relevant written or oral comments is provided in Unit
I.D. of this notice.
    Addresses: Submit your written comments, identified by Docket ID
No. EPA-HQ-ORD-2008-0629, by any of the following methods:
    Internet: http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
    E-mail<EMAIL_ADDRESS>    USPS Mail: Environmental Protection Agency, EPA Docket Center (EPA/
DC), ORD Docket, Mailcode: 28221T, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460.
    Hand or Courier Delivery: The EPA/DC Public Reading Room is located
in the EPA Headquarters Library, Room Number 3334 in the EPA West
Building, located at 1301 Constitution Ave., NW., Washington, DC. The
hours of operation are 8:30 a.m. to 4:30 p.m., EST, Monday through
Friday, excluding Federal holidays. Please call<PHONE_NUMBER> or e-
mail the ORD Docket at<EMAIL_ADDRESS>for instructions. Updates to
Public Reading Room access are available on the Web site (http://
www.epa.gov/epahome/dockets.htm).
    Instructions: Direct your comments to Docket ID No. EPA-HQ-ORD-
2008-0629. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information through
http://www.regulations.gov or e-mail that you consider to be CBI or
otherwise protected from disclosure. The http://www.regulations.gov Web
site is an ``anonymous access'' system, which means EPA will not know
your identity or contact information unless you provide it in the body
of your comment. If you send an e-mail comment directly to EPA, without
going through http://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.

FOR FURTHER INFORMATION CONTACT: Any member of the public who wishes
further information should contact Lu-Ann Kleibacker, EPA, Office of
the Science Advisor (8105R), Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460; telephone number: (202)
564-7189; fax:<PHONE_NUMBER>; e-mail addresses: kleibacker.lu-
<EMAIL_ADDRESS>General information concerning the EPA HSRB can be found
on the EPA Web site at http://www.epa.gov/osa/hsrb/.

SUPPLEMENTARY INFORMATION:

I. Public Meeting

A. Does This Action Apply to Me?

    This action is directed to the public in general. This action may,
however, be of particular interest to persons who conduct or assess
human studies, especially studies on substances regulated by EPA and to
persons who may sponsor or conduct research with human subjects with
the intention to submit it to EPA for consideration under the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA) or section 408
under the Federal Food, Drug, and Cosmetic Act (FFDCA). Since other
entities may also be interested, the Agency has not attempted to
describe all the specific entities that may be affected by this action.
If you have any questions regarding the applicability of this action to
a particular entity, consult the person listed under FOR FURTHER
INFORMATION CONTACT.

B. How Can I Access Electronic Copies of This Document and Other
Related Information?

    You may access this Federal Register document electronically either
through http://www.regulations.gov or through the EPA Web site under
the Federal Register listings at http://www.epa.gov/fedrgstr/.
    Docket: All documents in the docket are listed in the http://
www.regulations.gov index under the docket number. Even though it will
be listed by title in the index, some information is not publicly
available, e.g., CBI or other information whose disclosure is
restricted by statute. Copyright 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 ORD Docket, EPA/DC, Public Reading Room. The EPA/DC Public Reading
Room is located in the EPA Headquarters Library, Room Number 3334 in
the EPA West Building, located at 1301 Constitution Ave., NW.,
Washington, DC. The hours of operation are 8:30 a.m. to 4:30 p.m. EST,
Monday through Friday, excluding Federal holidays. Please call (202)
566-1744 or e-mail the ORD Docket at<EMAIL_ADDRESS>for
instructions. Updates to Public Reading Room access are available on
the Web site (http://www.epa.gov/epahome/dockets.htm). EPA's position
paper(s), charge/questions to the HSRB, and the meeting agenda are
anticipated to be available by late September 2008, if not earlier. In
addition, the Agency may provide additional background documents as the
materials become available. You may obtain electronic copies of these
documents, and certain other related documents that might be available
electronically, from the regulations.gov Web site and the HSRB Web site
at http://www.epa.gov/osa/hsrb/. For questions on document availability
or if you do not have access to the Internet, consult the person listed
under FOR FURTHER INFORMATION.

C. What Should I Consider as I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your
comments:
    a. Explain your views as clearly as possible.
    b. Describe any assumptions that you used.
    c. Provide copies of any technical information and/or data you used
that support our views.
    d. Provide specific examples to illustrate your concerns and
suggest alternatives.
    e. To ensure proper receipt by EPA, be sure to identify the docket
ID number assigned to this action in the subject line on the first page
of your response. You may also provide the name, date, and Federal
Register citation.

D. How May I Participate in This Meeting?

    You may participate in this meeting by following the instructions
in this section. To ensure proper receipt by EPA, it is imperative that
you identify docket ID number EPA-HQ-ORD-2008-0629 in the subject line
on the first page of your request.
    a. Oral comments. Requests to present oral comments will be
accepted up to October 14, 2008. To the extent that time permits,
interested persons who have not pre-registered may be permitted by the
Chair of the HSRB to present oral comments at the meeting. Each
individual or group wishing to make brief oral comments to the HSRB is
strongly advised to submit their request (preferably via e-mail) to the
person listed under FOR FURTHER INFORMATION CONTACT no later than noon,
Eastern time, October 14, 2008 in order to be included on the meeting
agenda and to provide sufficient time for the HSRB Chair and HSRB
Designated Federal Officer (DFO) to review the agenda to provide an
appropriate public comment period. The request should identify the name
of the individual making the presentation, the organization (if any)
the individual will represent, and any requirements for audiovisual
equipment (e.g., overhead projector, LCD projector, chalkboard). Oral
comments before the HSRB are limited to five minutes per individual or
organization. Please note that this limit applies to the cumulative
time used by all individuals appearing either as part of, or on behalf
of an organization. While it is our intent to hear a full range of oral
comments on the science and ethics issues under discussion, it is not
our intent to permit organizations to expand these time limitations by
having multiple individuals sign up separately to speak on their
behalf. Each speaker should bring 25 copies of his or her comments and
presentation slides for distribution to the HSRB at the meeting. At the
discretion of the Board Chair and DFO, public commenters, if present
during the Board's discussion, may be asked to provide clarification of
their comments to assist the Board in their discussion.
    b. Written comments. Although you may submit written comments at
any time, for the HSRB to have the best opportunity to review and
consider your comments as it deliberates on its report, you should
submit your comments at least five business days prior to the beginning
of the meeting. If you submit comments after this date, those comments
will be provided to the Board members, but you should recognize that
the Board members may not have adequate time to consider those comments
prior to making a decision. Thus, if you plan to submit written
comments, the Agency strongly encourages you to submit such comments no
later than noon, EST, October 14, 2008. You should submit your comments
using the instructions in Unit I.C. of this notice. In addition, the
Agency also requests that person(s) submitting comments directly to the
docket also provide a copy of their comments to the person listed under
FOR FURTHER INFORMATION CONTACT. There is no limit on the length of
written comments for consideration by the HSRB.

 E. Background

A. Human Studies Review Board
    The HSRB is a Federal advisory committee operating in accordance
with the Federal Advisory Committee Act (FACA) 5 U.S.C. App.2 section
9. The HSRB provides advice, information, and recommendations to EPA on
issues related to scientific and ethical aspects of human subjects
research. The major objectives of the HSRB are to provide advice and
recommendations on: a. Research proposals and protocols; b. reports of
completed research with human subjects; and c. how to strengthen EPA's
programs for protection of human subjects of research. The HSRB reports
to the EPA Administrator through EPA's Science Advisor.
    The EPA will present for HSRB review scientific and ethical issues
surrounding:
     The scenario design document and three associated
protocols from the Agricultural Handlers Exposure Task Force (AHETF)
for research to monitor the exposure of subjects in closed cabs who
apply an agricultural pesticide using airblast equipment. The scenario
design document is identical to the one that was reviewed by the HSRB
in June 2008, except that chlorothalonil has been added to the list of
test chemicals.
     The scenario design document and three associated
protocols from the AHETF for research to monitor exposure of subjects
in open cabs who apply an agricultural pesticide using airblast
equipment.
     The report from a completed field study (LNX-001) by
Carroll-Loye Biological Research of the mosquito repellent efficacy of
two pesticide products containing picaridin. The HSRB previously
reviewed the proposed study at its June 2007 meeting.
    The Agency will brief the HSRB on its draft document, Guideline for
Efficacy Testing of Skin-Applied Repellents. The guideline provides
recommendations for the design and execution of studies to evaluate the
performance of pesticide products intended to repel insects and other
arthropods. In addition, the Board may be reviewing its draft meeting
report from the June 24-25, 2008 HSRB meeting for subsequent Board
approval. Finally, the HSRB may also discuss planning for future HSRB
meetings.
B. Meeting Minutes and Reports
    Minutes of the meeting, summarizing the matters discussed and
recommendations, if any, made by the advisory committee regarding such
matters will be released within 90 calendar days of the meeting. Such
minutes will be available at http://www.epa.gov/osa/hsrb/ and http://
www.regulations.gov. In addition, information concerning a Board
meeting report, if applicable, can be found at http://www.epa.gov/osa/
hsrb/ or from the person listed under FOR FURTHER INFORMATION.

    Dated: September 4, 2008.
George Gray,
Science Advisor.
[FR Doc. E8-21590 Filed 9-15-08; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 194 (Tuesday, October 7, 2014)]
[Rules and Regulations]
[Pages 60334-60337]
[FR Doc No: 2014-23594]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0757; Directorate Identifier 2014-SW-030-AD;
Amendment 39-17988; AD 2014-20-15]
RIN 2120-AA64

Airworthiness Directives; Airbus Helicopters, Inc. (Previously
Eurocopter France) Helicopters

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

ACTION: Final rule; request for comments.

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SUMMARY: We are superseding airworthiness directive (AD) 2012-02-13 for
certain Airbus Helicopters, Inc. (Airbus Helicopters) Model EC130B4
helicopters. AD 2012-02-13 required inspecting certain areas of the
tailboom/Fenestron junction frame (junction frame) for a crack. This AD
retains the requirements of AD 2012-02-13, expands the inspection area
of the junction frame, and reduces the repetitive inspection interval.
These actions are intended to detect a crack in the junction frame,
which could result in detachment of the Fenestron and subsequent loss
of control of the helicopter.

DATES: This AD becomes effective October 22, 2014.
    The Director of the Federal Register approved the incorporation by
reference of a certain document listed in this AD as of October 22,
2014.
    We must receive comments on this AD by December 8, 2014.

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 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 AD, the European Aviation Safety
Agency (EASA) AD, any incorporated by reference service information,
the economic evaluation, any comments received, and other information.
The street address for the Docket Operations Office (telephone 800-647-
5527) is in the ADDRESSES section. Comments will be available in the AD
docket shortly after receipt.
    For service information identified in this AD, contact Airbus
Helicopters, Inc., 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, 2601 Meacham Blvd., Room 663, Fort Worth, Texas
76137.

FOR FURTHER INFORMATION CONTACT: Robert Grant, Aviation Safety
Engineer, Safety Management Group, FAA, 2601 Meacham Blvd., Fort Worth,
Texas 76137; telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION:

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not provide you with notice and an opportunity to
provide your comments prior to it becoming effective. However, 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 resulted
from adopting this AD. The most helpful comments reference a specific
portion of the AD, 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 them 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 rulemaking during the
comment period. We will consider all the comments we receive and may
conduct additional rulemaking based on those comments.

Discussion

    On January 23, 2012, we issued AD 2012-02-13, Amendment 39-16936
(77 FR 5994, February 7, 2012), which required repetitively inspecting
the right-hand side of the junction frame for a crack, and if there was
a crack, replacing the tailboom before further flight.
    AD 2012-02-13 was prompted by AD No. 2011-0116, dated July 6, 2011
(AD 2011-0116), issued by EASA, which is the Technical Agent for the
Member States of the European Union, to correct an unsafe condition for
Eurocopter France (now Airbus Helicopters) Model EC130B4 helicopters.
EASA advises of several reports of cracks in the junction frame
developing in the plane of the rivet head countersink on the right-hand
side of the Fenestron and spreading to the web of the frame. EASA
further advises that this condition could lead to structural failure
resulting in Fenestron detachment and subsequent loss of control of the
helicopter. EASA AD 2011-0116 required compliance with Eurocopter's
service information to repetitively inspect the affected area and
depending on findings, accomplish corrective actions.

Actions Since AD 2012-02-13 Was Issued

    Since we issued AD 2012-02-13, EASA has issued AD No. 2014-0114-E,
dated May 8, 2014, which superseded EASA AD 2011-0116, for Airbus
Helicopters Model EC130B4 helicopters, except those with Modification
(MOD) 073880, those with MOD 074609, or those that have been repaired
in accordance with certain Repair Design Approval Sheets. EASA advises
that after issuing EASA AD 2011-0116, Airbus Helicopters developed MOD
074609, which limits the risk of cracks appearing on the junction
frame, and revised its service information to expand the area of
inspection. EASA AD 2014-0114-E requires repetitively inspecting the
entire circumference of the junction frame for a crack, and also
requires altering the helicopter in accordance with MOD 074609 as a
terminating action for the repetitive inspections.
    We have also determined that the repetitive inspection interval can
be reduced to 40 hours time-in-service (TIS) as specified in the Airbus
Helicopters service information.

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
the EASA AD. We are issuing this AD because we evaluated all
information provided by EASA and determined the unsafe condition exists
and is likely to exist or develop on other helicopters of these same
type designs.

Related Service Information

    Airbus Helicopters, Inc. has published Emergency Alert Service
Bulletin (EASB) No. 53A019, Revision 1, dated April 15, 2014 (EASB
53A019). EASB 53A019 describes procedures for inspecting the entire
circumference of the junction frame from the inside and outside for
cracks. If there is a crack, EASB 53A019 requires contacting Airbus
Helicopters for approved repair instructions. Finally, if there is not
a crack, EASB 53A019 requires altering the helicopter in accordance
with MOD 074609 before December 12, 2017.

AD Requirements

    This AD requires repetitively inspecting the circumference of the
junction frame for a crack by complying with specified portions of the
manufacturer's service bulletin, and replacing the junction frame if
there is a crack. This AD also prohibits installing a tailboom without
MOD 073880 on any helicopter.

Differences Between This AD and the EASA AD

    The EASA AD allows for flights for a certain period of time with
known cracks, while this AD does not permit operations with known
cracks. The EASA AD allows for an initial inspection which does not
require stripping the paint, and then stripping the paint prior to
inspection within 110 flight hours. This AD mandates stripping the
paint as part of the initial inspection. The EASA AD requires altering
the helicopter with MOD 074609 before December 31, 2017, and this AD
does not. The EASA AD requires contacting Airbus Helicopters for repair
instructions if there is a crack, while this AD requires replacing the
junction frame.

Costs of Compliance

    We estimate that this AD affects 160 helicopters of U.S. Registry.
    We estimate that operators may incur the following costs in order
to comply with this AD. Inspecting the junction frame for a crack will
require 1 work-hour at an average labor cost of $85 per hour, for a
total cost per inspection cycle $85 per helicopter and $13,600 for the
entire fleet. If required, replacing a tailboom will require 50 work-
hours and required parts will cost $60,000, for a cost per helicopter
of $64,250.

FAA's Justification and Determination of the Effective Date

    Providing an opportunity for public comments before adopting these
AD requirements would delay implementing the safety actions needed to
correct this known unsafe condition. Therefore, we find the risk to the
flying public justifies waiving notice and comment prior to the
adoption of this rule because the cracks are in a primary structure of
the helicopter that may prevent further safe flight and the required
corrective actions must be accomplished within 10 hours TIS, a very
short time period for the air tour and helicopter emergency medical
services operations of these helicopters.
    Since an unsafe condition exists that requires the immediate
adoption of this AD, we determined notice and opportunity for public
comment before issuing this AD are impracticable and that good cause
exists for making this amendment effective in less than 30 days.

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 AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
Government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    For the reasons discussed, I certify that this AD:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska 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 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.

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing Airworthiness Directive (AD)
2012-02-13, Amendment 39-16936 (77 FR 5994, February 7, 2012), and
adding the following new AD:

2014-20-15 Airbus Helicopters, Inc. (Previously Eurocopter France):
Amendment 39-17988; Docket No. FAA-2014-0757; Directorate Identifier
2014-SW-030-AD.

(a) Applicability

    This AD applies to Model EC130B4 helicopters that do not have
Modification (MOD) 073880 incorporated, all serial numbers,
certificated in any category.

(b) Unsafe Condition

    This AD defines the unsafe condition as cracks on the tailboom/
Fenestron junction frame (junction frame). This condition could result
in structural failure of the tailboom, detachment of the Fenestron, and
subsequent loss of control of the helicopter.

(c) Affected ADs

    This AD supersedes AD 2012-02-13, Amendment 39-16936 (77 FR 5994,
February 7, 2012).

(d) Effective Date

    This AD becomes effective October 22, 2014.

(e) 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.

(f) Required Actions

    (1) Within 10 hours time-in-service (TIS):
    (i) Inspect the right-hand side of the junction frame for cracks in
the web from the inside as depicted in Details C and D of Figure 2 of
Airbus Helicopters Emergency Alert Service Bulletin No. 53A019,
Revision 1, dated April 15, 2014 (EASB).
    (ii) Strip the paint around the entire circumference of the
junction frame as depicted in Detail E of Figure 3 of the EASB. Apply a
coat of primer to the stripped area. Apply varnish to the stripped
area.
    (iii) Inspect the stripped area of the frame for cracks from the
outside.
    (2) Thereafter at intervals not to exceed 40 hours TIS, inspect the
frame by following the inspection requirements of paragraphs (f)(1)(i)
and (f)(1)(iii) of this AD.
    (3) If there is a crack, before further flight, replace the
junction frame with an airworthy junction frame.
    (4) Do not install a tailboom that does not incorporate MOD 073880
on any helicopter.

(g) Special Flight Permits

    Special flight permits are prohibited.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Group, FAA, may approve AMOCs
for this AD. Send your proposal to: Robert Grant, Aviation Safety
Engineer, Safety Management Group, FAA, 2601 Meacham Blvd., Fort Worth,
Texas 76137; 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.

(i) Additional Information

    The subject of this AD is addressed in European Aviation Safety
Agency (EASA) AD No. 2014-0114-E, dated May 8, 2014. You may view the
EASA AD on the Internet at http://www.regulations.gov in Docket No.
FAA-2014-0757.

(j) Subject

    Joint Aircraft Service Component (JASC) Code: 5302: Rotorcraft Tail
Boom.

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the incorporation
by reference (IBR) of the service information listed in this paragraph
under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do the
actions required by this AD, unless the AD specifies otherwise.
    (i) Airbus Helicopters Emergency Alert Service Bulletin No. 53A019,
Revision 1, dated April 15, 2014.
    (ii) Reserved.
    (3) For Airbus Helicopters, Inc. service information identified in
this AD, contact Airbus Helicopters, Inc., 2701 N. Forum Drive, Grand
Prairie, TX 75052; telephone<PHONE_NUMBER> or<PHONE_NUMBER>; fax
(972) 641-3775; or at http://www.airbushelicopters.com/techpub.
    (4) You may view this service information at FAA, Office of the
Regional Counsel, Southwest Region, 2601 Meacham Blvd., Room 663, Fort
Worth, Texas 76137. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.
    (5) You may view this service information that is incorporated by

reference at the National Archives and Records Administration (NARA).
For information on the availability of this material at NARA, call
(202) 741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Fort Worth, Texas, on September 22, 2014.
Lance T. Gant,
Acting Directorate Manager, Rotorcraft Directorate, Aircraft
Certification Service.
[FR Doc. 2014-23594 Filed 10-6-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 72 (Monday, April 15, 2019)]
[Notices]
[Pages 15284-15286]
[FR Doc No: 2019-07435]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0321]

Parts and Accessories Necessary for Safe Operation; SmartDrive
Systems, Inc.

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

ACTION: Notice of final disposition.

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SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA)
announces its decision to grant SmartDrive System, Inc.'s (SmartDrive)
application for a limited 5-year exemption from 49 CFR 393.60(e)(1) to
allow an Advanced Driver Assistance Systems (ADAS) camera to be mounted
lower in the windshield than is currently permitted. The Agency has
determined that the placement of the SmartDrive ADAS camera lower in
the windshield area would not have an adverse impact on safety, and
that

adherence to the terms and conditions of the exemption would likely
achieve a level of safety equivalent to or greater than the level of
safety provided by the regulation.

DATES: This exemption is effective April 15, 2019 and ending April 15,
2024.

FOR FURTHER INFORMATION CONTACT: Mr. Luke Loy, Vehicle and Roadside
Operations Division, Office of Carrier, Driver, and Vehicle Safety, MC-
PSV,<PHONE_NUMBER>, Federal Motor Carrier Safety Administration, 1200
New Jersey Avenue SE, Washington, DC 20590-0001.
    Docket: For access to the docket to read background documents or
comments submitted to notice requesting public comments on the
exemption application, go to www.regulations.gov at any time or visit
Room W12-140 on the ground level of the West Building, 1200 New Jersey
Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., ET, Monday
through Friday, except Federal holidays. The on-line Federal document
management system is available 24 hours each day, 365 days each year.
The docket number is listed at the beginning of this notice.

SUPPLEMENTARY INFORMATION:

Background

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant
exemptions from certain parts of the Federal Motor Carrier Safety
Regulations (FMCSR). FMCSA must publish a notice of each exemption
request in the Federal Register (49 CFR 381.315(a)). The Agency must
provide the public an opportunity to inspect the information relevant
to the application, including any safety analyses that have been
conducted. The Agency must also provide an opportunity for public
comment on the request.
    The Agency reviews safety analyses and public comments submitted,
and determines whether granting the exemption would likely achieve a
level of safety equivalent to, or greater than, the level that would be
achieved by the current regulation (49 CFR 381.305). The decision of
the Agency must be published in the Federal Register (49 CFR
381.315(b)) with the reasons for denying or granting the application
and, if granted, the name of the person or class of persons receiving
the exemption, and the regulatory provision from which the exemption is
granted. The notice must also specify the effective period and explain
the terms and conditions of the exemption. The exemption may be renewed
(49 CFR 381.300(b)).

SmartDrive's Application for Exemption

    SmartDrive applied for an exemption from 49 CFR 393.60(e)(1) to
allow an ADAS camera to be mounted lower in the windshield than is
currently permitted. A copy of the application is included in the
docket referenced at the beginning of this notice.
    Section 393.60(e)(1)(i) of the FMCSRs prohibits the obstruction of
the driver's field of view by devices mounted on the interior of the
windshield. Antennas and similar devices must not be mounted more than
152 mm (6 inches) below the upper edge of the windshield, and outside
the driver's sight lines to the road and highway signs and signals.
Section 393.60(e)(1)(i) does not apply to vehicle safety technologies,
as defined in 390.5, including ``a fleet-related incident management
system, performance or behavior management system, speed management
system, forward collision warning or mitigations system, active cruise
control system, and transponder.'' Section 393.60(e)(1)(ii) requires
devices with safety technologies to be mounted (1) not more than 100 mm
(4 inches) below the upper edge of the area swept by the windshield
wipers; or (2) not more than 175 mm (7 inches) above the lower edge of
the area swept by the windshield wipers; and (3) outside the driver's
sight lines to the road and highway signs and signals.
    In its application, SmartDrive stated:

    SmartDrive is making this request so that it becomes possible to
introduce Advanced Driver Assistance Systems (ADAS) to our current
vehicle safety platform. These new ADAS capabilities include forward
collision warnings, short following distance warnings, lane
detection and departure warnings, and active monitoring with real-
time driver feedback.
    This system operates like any other similar systems for which
FMCSA has granted exemptions. ADAS requires that a camera be mounted
to the upper center area of the windshield in an area where the
windshield is swept by the windshield wipers to provide a clear view
to the lane markings on the road and other objects in front of the
vehicle.
    This exemption will accommodate the ADAS camera and housing
which is an integral part of our next-generation comprehensive
vehicle safety system. The camera housing is approximately 3.71
inches wide by 5.2 inches tall and will be mounted in the
approximate center of the windshield with the bottom edge of the
camera housing approximately 8 inches below the upper edge of the
area swept by the windshield wipers. The camera is mounted outside
of the driver[']s and passenger's normal sight lines to the road
ahead, signs, signals, and mirrors. The location will allow for the
optimal functionality of the advanced safety systems supported by
the camera.
    SmartDrive has piloted the ADAS camera and functionality and
found that all drivers and passengers agreed that there was no
noticeable obstruction to the normal sight lines to the road ahead,
highway signs, signals or any mirrors.

    The exemption would apply to all CMV operators utilizing SmartDrive
ADAS camera systems. SmartDrive believes that the installation of the
ADAS systems camera within 8 inches below the upper edge of the area
swept by the windshield wipers will maintain a level of safety that is
equivalent to, or greater than, the level of safety achieved without
the exemption.

Comments

    FMCSA published a notice of the application in the Federal Register
on November 27, 2018, and asked for public comment (83 FR 60942). The
Agency received comments from the National Tank Truck Carriers, Inc.
(NTTC) and three individuals.
    NTTC supports granting the application to allow the use of the
SmartDrive ADAS system camera, stating that SmartDrive' s application
``falls within the spirit, if not the letter'' of the mandate in
Section 5301 of the Fixing America's Surface Transportation (FAST) Act
that directed FMCSA to amend the FMCSRs to permit certain ``vehicle
safety technologies'' to be mounted within the swept area of the
windshield wipers. NTTC stated that ``Windshield-mounted cameras
provide well-documented safety benefits. FMCSA has granted applications
for similar products before and has been directed to support this life-
saving technology. SmartDrive has developed a product that does not fit
within FMCSA's pre-approved location on the windshield but does allow
the driver an unobstructed view of the road, signs, signals, and
mirrors. There is clearly no safety risk.''
    Two individuals also supported granting the application. One stated
that ``As long as the devices do not block the driver's view, past
(above) the outer edge of the hood, they should not be a problem.'' The
other stated that ``For over 12 years SmartDrive has modeled a
commitment to safety and a record of advancing technologies for the
public good. In designing one of the smallest center-mounted ADAS
cameras on the market, SmartDrive follows on similar systems for which
FMCSA has granted exemptions and achieves the accuracy needed for a
sophisticated computer vision camera along with the line of sight
versatility required in today's commercial vehicle fleets.''
    One individual opposed the application, citing concerns that
drivers

need ``the entire usable portion of the windshield in order to have
[an] unbroken view of the constantly changing emergencies happening in
any direction.''

FMCSA Decision

    FMCSA has evaluated the SmartDrive exemption application. The ADAS
camera system housing is approximately 3.7 inches wide by 5.2 inches
tall and will be mounted in the approximate center of the windshield.
The bottom of the camera housing needs to be mounted approximately 8
inches below the top of the swept area of the windshield wipers to
obtain the optimal functionality of the advanced safety systems
supported by the camera.
    The Agency believes that granting the temporary exemption to allow
the placement of the ADAS camera system lower than currently permitted
by the Agency's regulations will likely provide a level of safety that
is equivalent to, or greater than, the level of safety achieved without
the exemption because (1) based on the technical information available,
there is no indication that the ADAS camera system would obstruct
drivers' views of the roadway, highway signs and surrounding traffic;
(2) generally, trucks and buses have an elevated seating position that
greatly improves the forward visual field of the driver, and any
impairment of available sight lines would be minimal; and (3) the
mounting location of the bottom edge of the camera housing
approximately 8 inches below the top of the area swept by the
windshield wipers and out of the driver's normal sightline will be
reasonable and enforceable at roadside. In addition, the Agency
believes that the use of SmartDrive ADAS system cameras by fleets is
likely to improve the overall level of safety to the motoring public.
    This action is consistent with previous Agency action permitting
the placement of similarly-sized devices on CMVs outside the driver's
sight lines to the road and highway signs and signals. FMCSA is not
aware of any evidence showing that the installation of other vehicle
safety technologies mounted on the interior of the windshield has
resulted in any degradation in safety.

Terms and Conditions for the Exemption

    The Agency hereby grants the exemption for a 5-year period,
beginning April 15, 2019 and ending April 15, 2024. During the
temporary exemption period, motor carriers will be allowed to operate
CMVs equipped with the SmartDrive ADAS camera system mounted in the
approximate center of the windshield such that the bottom edge of the
camera is not more than 8 inches below the upper edge of the swept area
of the windshield wiper and outside the driver's sight lines to all
mirrors, highway signs, signals, and view of the road ahead. The
exemption will be valid for 5 years unless rescinded earlier by FMCSA.
The exemption will be rescinded if: (1) Motor carriers and/or
commercial motor vehicles fail to comply with the terms and conditions
of the exemption; (2) the exemption has resulted in a lower level of
safety than was maintained before it was granted; or (3) continuation
of the exemption would not be consistent with the goals and objectives
of 49 U.S.C. 31136(e) and 31315(b).
    Interested parties possessing information that would demonstrate
that motor carriers operating CMVs equipped with the SmartDrive ADAS
camera system are not achieving the requisite statutory level of safety
should immediately notify FMCSA. The Agency will evaluate any such
information and, if safety is being compromised or if the continuation
of the exemption is not consistent with 49 U.S.C. 31136(e) and
31315(b), will take immediate steps to revoke the exemption.

Preemption

    In accordance with 49 U.S.C. 31313(d), as implemented by 49 CFR
381.600, during the period this exemption is in effect, no State shall
enforce any law or regulation applicable to interstate commerce that
conflicts with or is inconsistent with this exemption with respect to a
firm or person operating under the exemption. States may, but are not
required to, adopt the same exemption with respect to operations in
intrastate commerce.

    Issued on: April 8, 2019.
Raymond P. Martinez,
Administrator.
[FR Doc. 2019-07435 Filed 4-12-19; 8:45 am]
 BILLING CODE 4910-EX-P


			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on November 26, 2002

NOTICE OF ACTION TAKEN -- DOCKET OST 2001-9192

________________________________________________________________________
________________________________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Applicant:  AEROLINEAS de TEHUACAN, S.A. de C.V.
                  Date Filed:  October 25, 2002

Relief requested:  Exemption from 49 USC section 41301 to permit the
applicant to continue to conduct passenger charter operations between
Mexico and the United States, and other passenger charter operations in
accordance with 14 CFR Part 212, using small equipment.

If renewal, date and citation of last action:  November 29, 2001, in
this Docket.

Applicant representative:  Lee A. Bauer,<PHONE_NUMBER>             DOT
analyst:  Allen Brown,<PHONE_NUMBER>

Responsive pleadings:  None.

	DISPOSITION

Action:  Approved
                                                  Action date:  November
26, 2002

Effective dates of authority granted:  November 26, 2002, through
November 29, 2003

Basis for approval (bilateral agreement/reciprocity):  United
States-Mexico Air Transport Services Agreement of August 15, 1960, as
amended and extended (Agreement).

Except to the extent exempted/waived, this authority is subject to the
terms, conditions, and limitations indicated:

     X  Standard exemption conditions.

Special conditions/Partial grant/Denial basis/Remarks:  In the conduct
of these operations, the carrier must adhere to all applicable
provisions of the U.S.-Mexico Agreement.  In the conduct of these
operations, the carrier may only use aircraft capable of carrying no
more than 60 passengers and having a maximum payload capacity of no more
than 18,000 pounds (small equipment).  The above grant includes
authority to conduct Third and Fourth Freedom charter operations.  While
we have subjected, consistent with the provisions of the Agreement,
Mexican carriers conducting charter operations with large aircraft to
prior approval or submission of notice for their Third and Fourth
Freedom charters, we determined that any such requirement was not
necessary on public interest grounds in this case, since the carrier
will be conducting these operations solely with small aircraft.  (Other
charter operations to/from the United States under this authority,
however, are subject to prior approval under 14 CFR Part 212.)  Further,
we are continuing to allow Mexican carriers conducting passenger
charters using small equipment to make stopovers in the United States in
the conduct of such operations.

Action taken by:   Paul L. Gretch, Director

		      Office of International Aviation

________________________________________________________________________
________________________________________________________

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our action was consistent with Department
policy; (2) the applicant was qualified to perform its proposed
operations; (3) grant of the authority was consistent with the public
interest; and (4) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975.
To the extent not granted/deferred/dismissed, we denied all requests in
the referenced Docket.  We may amend, modify, or revoke the authority
granted in this Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

http://dms.dot.gov//reports/reports_aviation.asp


[Federal Register Volume 80, Number 183 (Tuesday, September 22, 2015)]
[Notices]
[Page 57166]
[FR Doc No: 2015-23982]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #2

    Take notice that the Commission received the following electric
rate filings:
    Docket Numbers: ER13-521-002; ER13-520-002; ER13-1442-002; ER13-
1441-002; ER13-1273-002; ER13-1272-002; ER13-1271-002; ER13-1270-002;
ER13-1269-002; ER13-1268-002; ER13-1267-002; ER13-1266-003; ER12-21-
013; ER12-1626-003; ER10-3246-003; ER10-2605-006; ER10-2475-006; ER10-
2474-006; EL15-22-000.
    Applicants: Nevada Power Company, Sierra Pacific Power Company,
PacifiCorp, Agua Caliente Solar, LLC, Pinyon Pines Wind I, LLC, Pinyon
Pines Wind II, LLC, Solar Star California XIX, LLC, Solar Star
California XX, LLC, Topaz Solar Farms LLC, CalEnergy, LLC, CE Leathers
Company, Del Ranch Company, Elmore Company, Fish Lake Power LLC, Salton
Sea Power Generation Company, Salton Sea Power L.L.C., Vulcan/BN
Geothermal Power Company, Yuma Cogeneration Associates, MidAmerican
Energy Company, Bishop Hill Energy II LLC, Cordova Energy Company LLC,
Power Resources, Ltd., Saranac Power Partners, L.P.
    Description: Supplemental Filing of WorkPapers of the BHE MBR
Sellers.
    Filed Date: 9/8/15.
    Accession Number: 20150909-0026.
    Comments Due: 5 p.m. ET 9/29/15.

    Docket Numbers: ER15-2338-001.
    Applicants: Midcontinent Independent System Operator, Inc., Ameren
Transmission Company of Illinois.
    Description: Tariff Amendment: 2015-09-10_ATXI Supplemental
Depreciation Rate Filing to be effective 10/1/2015.
    Filed Date: 9/10/15.
    Accession Number: 20150910-5110.
    Comments Due: 5 p.m. ET 9/17/15.

    Docket Numbers: ER15-2638-000.
    Applicants: Louisville Gas and Electric Company.
    Description: Sec.  205(d) Rate Filing: Modifications to Attachment
C to be effective 11/10/2015.
    Filed Date: 9/10/15.
    Accession Number: 20150910-5112.
    Comments Due: 5 p.m. ET 10/1/15

    Docket Numbers: ER15-2639-000.
    Applicants: CenterPoint Energy Houston Electric, LLC.
    Description: Sec.  205(d) Rate Filing: TFO Tariff Interim Rate
Revision to Conform with PUCT-Approved ERCOT Rate to be effective 8/17/
2015.
    Filed Date: 9/10/15.
    Accession Number: 20150910-5137.
    Comments Due: 5 p.m. ET 10/1/15.

    Docket Numbers: ER15-2640-000.
    Applicants: New York Independent System Operator, In.
    Description: Sec.  205(d) Rate Filing: NYISO 205 filing of tariff
revision to implement external CTS with ISO-NE to be effective 12/31/
9998.
    Filed Date: 9/10/15.
    Accession Number: 20150910-5138.
    Comments Due: 5 p.m. ET 10/1/15.

    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: September 10, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-23982 Filed 9-21-15; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 154 (Thursday, August 9, 2018)]
[Notices]
[Pages 39436-39437]
[FR Doc No: 2018-17083]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2017-0751; FRL-9981-15]

Interim Registration Review Decisions for Several Pesticides;
Notice of Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: This notice announces the availability of EPA's interim
registration review decisions for the chemicals listed in the Table in
Unit IV of this Notice.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general, and may be of
interest to a wide range of stakeholders including environmental, human
health, farm worker, and agricultural advocates; the chemical industry;
pesticide users; and members of the public interested in the sale,
distribution, or use of pesticides. Since others also may be
interested, the Agency has not attempted to describe all the specific
entities that may be affected by this action. If you have any questions
regarding the applicability of this action to a particular entity,
consult the pesticide specific contact person listed under FOR FURTHER
INFORMATION CONTACT: For pesticide specific information, contact: The
Chemical Review Manager for the pesticide of interest identified in the
Table in Unit IV.
    For general information on the registration review program,
contact: Dana Friedman, Pesticide Re-Evaluation Division (7508P),
Office of Pesticide Programs, Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone number:
(703) 347-8827; email address: [email protected].

II. Background

    Registration review is EPA's periodic review of pesticide
registrations to ensure that each pesticide continues to satisfy the
statutory standard for registration, that is, the pesticide can perform
its intended function without unreasonable adverse effects on human
health or the environment. As part of the registration review process,
the Agency has completed interim decisions for all pesticides listed in
the Table in Unit IV. Through this program, EPA is ensuring that each
pesticide's registration is based on current scientific and other
knowledge, including its effects on human health and the environment.

III. Authority

    EPA is conducting its registration review of the chemicals listed
in the Table in Unit IV pursuant to section 3(g) of the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Procedural
Regulations for Registration Review at 40 CFR part 155, subpart C.
Section 3(g) of FIFRA provides, among

other things, that the registrations of pesticides are to be reviewed
every 15 years. Under FIFRA, a pesticide product may be registered or
remain registered only if it meets the statutory standard for
registration given in FIFRA section 3(c)(5) (7 U.S.C. 136a(c)(5)). When
used in accordance with widespread and commonly recognized practice,
the pesticide product must perform its intended function without
unreasonable adverse effects on the environment; that is, without any
unreasonable risk to man or the environment, or a human dietary risk
from residues that result from the use of a pesticide in or on food.

IV. What action is the agency taking?

    Pursuant to 40 CFR 155.58, this notice announces the availability
of EPA's interim registration review decisions for the pesticides shown
in the following table. The interim registration review decisions are
supported by rationales included in the docket established for each
chemical.

                            Table--Registration Review Interim Decisions Being Issued
----------------------------------------------------------------------------------------------------------------
                                                                                Chemical review manager
 Registration review case name and No.                   Docket ID No.                  and contact information
----------------------------------------------------------------------------------------------------------------
Boric Acid/Sodium Salts, Case 0024.....  EPA-HQ-OPP-2009-0306........................  Moana Appleyard,
                                                                                [email protected],
<PHONE_NUMBER>.
Potato Coleopteran, Case 6503..........  EPA-HQ-OPP-2016-0200........................  Alan Reynolds,
                                                                                [email protected],
<PHONE_NUMBER>.
Cloransulam-methyl, Case 7243..........  EPA-HQ-OPP-2010-0855........................  Patricia Biggio,
                                                                                [email protected],
<PHONE_NUMBER>.
Cymoxanil, Case 7023...................  EPA-HQ-OPP-2012-0148........................  Veronica Dutch,
                                                                                [email protected],
<PHONE_NUMBER>.
Kresoxim-methyl, Case 7026.............  EPA-HQ-OPP-2012-0861........................  Bilin Basu,
                                                                                [email protected],
<PHONE_NUMBER>.
Quinoxyfen, Case 7037..................  EPA-HQ-OPP-2013-0771........................  Katherine St. Clair,
                                                                                [email protected],<PHONE_NUMBER>.
Sucrose, Case 5117.....................  EPA-HQ-OPP-2013-0751........................  Cody Kendrick,
                                                                                [email protected],
<PHONE_NUMBER>.
----------------------------------------------------------------------------------------------------------------

    The proposed interim registration review decisions for the
chemicals in the table above were posted to the docket and the public
was invited to submit any comments or new information relevant to the
proposals. EPA has addressed the comments or information received
during the 60-day comment period for the proposed interim decisions for
each pesticide listed in the Table. Comments from the 60-day comment
period that were received may or may not have affected the Agency's
interim decision. Pursuant to 40 CFR 155.58(c), the registration review
case docket for the chemicals listed in the Table will remain open
until all actions required in the interim decision have been completed.
    Background on the registration review program is provided at:
http://www.epa.gov/pesticide-/reevaluation.

    Authority:  7 U.S.C. 136 et seq.

    Dated: July 26, 2018.
Yu-Ting Guilaran,
Director, Pesticide Re-Evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2018-17083 Filed 8-8-18; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 79 (Wednesday, April 24, 2013)]
[Notices]
[Pages 24269-24271]
[FR Doc No: 2013-09655]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-69395; File No. SR-ISE-2013-31]

Self-Regulatory Organizations; International Securities Exchange,
LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule
Change To Amend the Schedule of Fees To Increase Certain Complex Order
Rebates

April 18, 2013.
    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 10, 2013, the International Securities Exchange, LLC (the
``Exchange'' or the ``ISE'') filed with the Securities and Exchange
Commission the proposed rule change, as described in Items I, II, and
III below, which items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    The ISE proposes to amend its Schedule of Fees to increase certain
complex order rebates. The text of the proposed rule change is
available on the Exchange's Web site (http://www.ise.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 self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of these statements may be examined at
the places specified in Item IV below. The self-regulatory organization
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 the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The purpose of this proposed rule change is to increase the rebate
levels for Priority Customer complex orders that trade with quotes and
orders on the regular orderbook in all symbols traded on the Exchange.
The rebates discussed below apply to both standard options and mini
options traded on the Exchange. The Exchange's Schedule of Fees has
separate tables for fees and rebates applicable to standard options and
mini options. The Exchange notes that while the discussion below notes
the rebates for standard options, the rebates for mini options, which
are not discussed below, are and shall continue to be 1/10th of the
rebates for standard options.\3\
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 69270 (April 2,
2013), 78 FR 20988 (April 8, 2013) (SR-ISE-2013-28).
---------------------------------------------------------------------------

    In order to enhance the Exchange's competitive position and to
incentivize Members to increase the amount of Priority Customer complex
orders that they send to the Exchange, the Exchange provides volume-
based tiered rebates for Priority Customer complex orders that trade
with quotes and orders on the regular order book in all symbols traded
on the Exchange. Specifically, the Exchange currently provides a base
rebate of $0.06 per contract, per leg, for Priority Customer complex
orders in all symbols traded on the Exchange (excluding SPY) when these
orders trade against quotes or orders in the regular orderbook. The
current average daily volume (ADV) threshold for the base tier is 0-
39,999 Priority Customer complex contracts and the base rebate of $0.06
per contract, per leg, applies to this tier. The Exchange is not
proposing any change to the rebate for this tier. The current ADV
threshold for the second tier is 40,000-74,999 Priority Customer
complex contracts. The rebate amount for this tier is currently $0.08
per contract, per leg. The Exchange proposes to increase the rebate for
this tier to $0.12 per contract, per leg. The current ADV threshold for
the third tier is 75,000-124,999 Priority Customer complex contracts.
The rebate amount for this tier is currently $0.09 per contract, per
leg. The Exchange proposes to increase the rebate for this tier to
$0.13 per contract, per leg. The current ADV threshold for the fourth
tier is 125,000-224,999 Priority Customer complex contracts. The rebate
amount for this tier is currently $0.10 per contract, per leg. The
Exchange proposes to increase the rebate for this tier to $0.17 per
contract, per leg. Finally, the current ADV threshold for the fifth
tier is 225,000 or more Priority Customer complex contracts. The rebate
amount for this tier is currently $0.11 per contract, per leg. The
Exchange proposes to increase the rebate for this tier to $0.18 per
contract, per leg. The highest rebate amount achieved by the Member for
the current calendar month applies retroactively to all Priority
Customer complex orders that trade against quotes or orders in the
regular orderbook during such calendar month.
    For SPY, the Exchange currently provides a base rebate of $0.07 per
contract, per leg, for Priority Customer complex orders traded on the
Exchange when these orders trade against quotes or orders in the
regular orderbook. The current ADV threshold for the base tier is 0-
39,999 Priority Customer complex contracts and the base rebate of $0.07
per contract, per leg, applies to this tier. The Exchange is not
proposing any change to the rebate for this tier. The current ADV
threshold for the second tier is 40,000-74,999 Priority Customer
complex contracts. The rebate amount for this tier is currently $0.09
per contract, per leg. The Exchange proposes to increase the rebate for
this tier to $0.13 per contract, per leg. The current ADV threshold for
the third tier is 75,000-124,999 Priority Customer complex contracts.
The rebate amount for this tier is currently $0.10 per contract, per
leg. The Exchange proposes to increase the rebate for this tier to
$0.14 per contract, per leg. The current ADV threshold for the fourth
tier is 125,000-224,999 Priority Customer complex contracts. The rebate
amount for this tier is currently $0.11 per contract, per leg. The
Exchange proposes to increase the rebate for this tier to $0.18 per
contract, per leg.

Finally, the current ADV threshold for the fifth tier is 225,000 or
more Priority Customer complex contracts. The rebate amount for this
tier is currently $0.12 per contract, per leg. The Exchange proposes to
increase the rebate for this tier to $0.19 per contract, per leg. The
highest rebate amount achieved by the Member for the current calendar
month applies retroactively to all Priority Customer complex orders
that trade against quotes or orders in the regular orderbook during
such calendar month.
    The Exchange believes this proposed change will enhance the
Exchange's competitive position and incentivize Members to increase the
amount of Priority Customer complex orders that they send to the
Exchange.
    The Exchange is not proposing any other changes in this filing.
    Since the rate changes to the Schedule of Fees pursuant to this
proposal will be effective upon filing, for the transactions occurring
in April 2013 prior to the effective date of this filing members will
be assessed the rates in effect immediately prior to those proposed by
this filing. For transactions occurring in April 2013 on and after the
effective date of this filing, members will be assessed the rates
proposed by this filing.
2. Statutory Basis
    The Exchange believes that its proposal to amend its Schedule of
Fees is consistent with Section 6(b) of the Securities and Exchange Act
of 1934 (the ``Act'') \4\ in general, and furthers the objectives of
Section 6(b)(4) of the Act \5\ in particular, in that it is an
equitable allocation of reasonable dues, fees and other charges among
Exchange members and other persons using its facilities. The impact of
the proposal upon the net fees paid by a particular market participant
will depend on a number of variables, most important of which will be
its propensity to add or remove liquidity in options overlying the
symbols that are subject to the Exchange's maker/taker fees and
rebates.
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    \4\ 15 U.S.C. 78f(b).
    \5\ 15 U.S.C. 78f(b)(4).
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    The Exchange has determined to charge fees and provide rebates for
regular orders in mini options at a rate that is 1/10th the rate of
fees and rebates the Exchange currently provides for trading in
standard options. The Exchange believes it is reasonable and equitable
and not unfairly discriminatory to assess lower fees and rebates to
provide market participants an incentive to trade mini options on the
Exchange. The Exchange believes the proposed fees and rebates are
reasonable and equitable in light of the fact that mini options have a
smaller exercise and assignment value, specifically 1/10th that of a
standard option contract, and, as such, levying fees that are 1/10th of
what market participants pay today.
    The Exchange believes that it is reasonable and equitable to
provide rebates for Priority Customer complex orders when these orders
trade against quotes or orders in the regular orderbook because paying
a rebate would continue to attract additional order flow to the
Exchange and create liquidity in the symbols that are subject to the
rebate, which the Exchange believes ultimately will benefit all market
participants who trade on ISE. The Exchange has already established a
volume-based incentive program, and is now merely proposing to increase
the rebate amounts in that program. The Exchange believes that the
proposed rebates are competitive with rebates provided by other
exchanges and are therefore reasonable and equitably allocated to those
members that direct orders to the Exchange rather than to a competing
exchange. The Exchange believes paying these rebates would also attract
additional order flow to the Exchange.
    The Exchange believes that the proposed fee change will generally
allow the Exchange and its Members to better compete for order flow and
thus enhance competition. Specifically, the Exchange believes that its
proposal, which increases rebate amounts, so Members can qualify for
larger rebates, is reasonable as it will encourage Members to increase
the amount of Priority Customer complex orders that they send to the
Exchange instead of sending this order flow to a competing exchange.
The Exchange believes that with the proposed rebate levels, Members are
now likely to qualify for larger rebates.
    The complex order pricing employed by the Exchange has proven to be
an effective pricing mechanism and attractive to Exchange participants
and their customers. The Exchange believes that this proposed rule
change will continue to attract additional complex order business in
the symbols that are subject to this proposed rule change.
    Moreover, the Exchange believes that the proposed fees are fair,
equitable and not unfairly discriminatory because the proposed fees are
consistent with price differentiation that exists today at other
options exchanges. Additionally, the Exchange believes it remains an
attractive venue for market participants to direct their order flow in
the symbols that are subject to this proposed rule change as its fees
are competitive with those charged by other exchanges for similar
trading strategies. The Exchange operates in a highly competitive
market in which market participants can readily direct order flow to
another exchange if they deem fee levels at a particular exchange to be
excessive. For the reasons noted above, the Exchange believes that the
proposed fees are fair, equitable and not unfairly discriminatory.

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

    ISE believes that the proposed rule change, which will maintain
fees that are competitive and are within the range of fees charged by
other exchanges for similar orders, will not impose any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Act. Indeed, the Exchange believes that the proposed
changes will promote competition, as they are designed to allow ISE to
better compete for order flow and improve the Exchange's competitive
position.
    The Exchange does not believe providing increased rebates to market
participants is an undue burden on competition as the Exchange already
provides these rebates and is now merely increasing the level of these
rebates in response to increased rebates provided by other markets to
attract Priority Customer order flow. Further, the Exchange believes
the adjustment of the rebate for Priority Customer orders that trade
with quotes and orders on the regular orderbook in all symbols reduces
the burden on competition by providing additional incentives for
Priority Customer orders traded on the Exchange. This incents
competition because non-Priority Customers wish to have Priority
Customer orders attracted to the Exchange by having attractive rebates.
    Finally, the Exchange notes that it operates in a highly
competitive market in which market participants can readily direct
their order flow to competing venues. In such an environment, the
Exchange must continually review, and consider adjusting, its fees and
rebates to remain competitive with other exchanges. For the reasons
described above, the Exchange believes that the proposed fee change
reflects this competitive environment.

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 foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act \6\ and subparagraph (f)(2) of Rule 19b-4
thereunder,\7\ because it establishes a due, fee, or other charge
imposed by ISE.
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    \6\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \7\ 17 CFR 240.19b-4(f)(2).
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    At any time within 60 days of the filing of such 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. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

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-ISE-2013-31 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-ISE-2013-31. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal 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-ISE-2013-31, and should be
submitted on or before May 15, 2013.
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    \8\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-09655 Filed 4-23-13; 8:45 am]
BILLING CODE 8011-01-P