[Federal Register Volume 86, Number 1 (Monday, January 4, 2021)]
[Notices]
[Pages 101-102]
[FR Doc No: 2020-29052]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2019-N-3794]

Jerrod Nichols Smith: Debarment Order

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA or Agency) is issuing an
order permanently debarring Jerrod Nichols Smith from providing
services in any capacity to a person that has an approved or pending
drug product application. FDA bases this order on a finding that Mr.
Smith was convicted of multiple felony counts under Federal law for
conduct that relates to the regulation of a drug product under the
Federal, Food, Drug, and Cosmetic Act (the FD&C Act). Mr. Smith was
given notice of the proposed permanent debarment and was given an
opportunity to request a hearing to show why he should not be debarred.
As of September 27, 2020 (30 days after receipt of the notice), Mr.
Smith had not responded. Mr. Smith's failure to respond and request a
hearing constitutes a waiver of his right to a hearing concerning this
action.

DATES: This order is effective January 4, 2021.

ADDRESSES: Submit applications for termination of debarment to the
Dockets Management Staff, Food and Drug Administration, 5630 Fishers
Lane, Rm. 1061, Rockville, MD 20852,<PHONE_NUMBER>, or at https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Jaime Espinosa, Division of
Enforcement (ELEM-4029), Office of Strategic Planning and Operational
Policy, Office of Regulatory Affairs, Food and Drug Administration,
12420 Parklawn Dr., Rockville, MD 20857,<PHONE_NUMBER>, or at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    Section 306(a)(2)(B) of the FD&C Act (21 U.S.C. 335a(a)(2)(B))
requires debarment of an individual from providing services in any
capacity to a person that has an approved or pending drug product
application if FDA finds that the individual has been convicted of a
felony under Federal law for conduct relating to the regulation of any
drug product under the FD&C Act. On July 16, 2018, Mr. Smith was
convicted as defined in section 306(l)(1)(A) of the FD&C Act when
judgment was entered against him in the U.S. District Court for the
Middle District of Tennessee, Nashville Division, after a jury trial,
to one count of conspiracy to commit mail fraud in violation of 18
U.S.C. 371, 15 counts of mail fraud in violation of 18 U.S.C. 1341, and
one count of obstruction of justice in violation of 18 U.S.C. 1001.
    The factual basis for these convictions is as follows: Mr. Smith
was one of the owners and operators of Cumberland Distribution, Inc.
(``Cumberland''), formerly known as Midwest Pharmacy, which was a
wholesale drug distribution company incorporated in Nevada and
Tennessee. Mr. Smith was engaged in the business of wholesale
distribution of prescription drugs, as defined by 21 U.S.C.
353(e)(3)(B), to pharmacy customers throughout the United States. From
December 2006 through August 2009, Mr. Smith, along with others,
purchased millions of dollars of prescription drugs, through
Cumberland. The vast majority of the prescription drugs purchased by
Cumberland and received at the company's warehouse facilities were sold
to Cumberland, directly and indirectly, by individuals and entities
whom Mr. Smith knew were not licensed by any State to engage in the
wholesale distribution of prescription drugs and were not otherwise
authorized to distribute prescription drugs pursuant to 21 U.S.C. 353.
These unauthorized sellers obtained their prescription drugs from
various networks of street level drug diverters. Mr. Smith directed
employees to take steps to conceal the true origins of the diverted
prescription drugs shipped to the company's warehouse facilities before
shipping them to pharmacy customers around the country. Such steps
included, but were not limited to, falsification of documents
concerning the chain of custody or pedigree of a drug. These falsified
pedigree documents, which Mr. Smith provided to his pharmacy customers
or maintained at Cumberland, inaccurately represented that the diverted
products had been obtained from licensed wholesale distributors. Mr.
Smith also used shell companies to receive and relabel diverted
prescription drugs before sending them to Cumberland's warehouse
facilities to create the false appearance that his company was
purchasing prescription drugs from licensed wholesale distributors.
    The diverted drugs included, but were not limited to, drugs used to
treat human immunodeficiency virus/acquired immunodeficiency syndrome,
antipsychotic medications, antidepressants, blood pressure medications,
and diabetes medications. Numerous pharmacies reported problems with
drugs they purchased from Cumberland, including prescription drug
bottles containing the wrong medicine, the wrong dosage information,
and foreign objects inside. At trial, several witnesses testified that
at least one bottle of prescription drugs sold by Cumberland contained
Tic Tacs instead of medicine. Through the course of this scheme, Mr.
Smith's company had gross proceeds of approximately $58,984,912. His
profits were approximately $14,689,782.
    As a result of these convictions, FDA sent Mr. Smith by certified
mail on July 16, 2020, a notice proposing to permanently debar him from
providing services in any capacity to a person that has an approved or
pending drug product application. The proposal was based on a finding,
under section 306(a)(2)(B) of the FD&C Act, that Mr. Smith was
convicted of felonies under Federal law for conduct relating to the
regulation of a drug product under the FD&C Act. The proposal also
offered Mr. Smith an opportunity to request a hearing, providing him 30
days from the date of receipt of the letter in which to file the
request, and advised him that failure to request a hearing constituted
an election not to use the opportunity for a hearing and a waiver of
any contentions concerning this action. Mr.

Smith received the proposal on August 28, 2020. Mr. Smith did not
request a hearing within the timeframe prescribed by regulation and
has, therefore, waived his opportunity for a hearing and any
contentions concerning his debarment (21 CFR part 12).

II. Findings and Order

    Therefore, the Assistant Commissioner, Office of Human and Animal
Food Operations, under section 306(a)(2)(B) of the FD&C Act, under
authority delegated to the Assistant Commissioner, finds that Mr. Smith
has been convicted of multiple felonies under Federal law for conduct
otherwise relating to the regulation of a drug product under the FD&C
Act.
    As a result of the foregoing finding, Mr. Smith is permanently
debarred from providing services in any capacity to a person with an
approved or pending drug product application, effective (see DATES)
(see section 306(a)(2)(B) and (c)(2)(A)(ii) of the FD&C Act). Any
person with an approved or pending drug product application who
knowingly employs or retains as a consultant or contractor, or
otherwise uses the services of Mr. Smith, in any capacity during his
debarment, will be subject to civil money penalties (section 307(a)(6)
of the FD&C Act (21 U.S.C. 335b(a)(6))). If Mr. Smith provides services
in any capacity to a person with an approved or pending drug product
application during his period of debarment he will be subject to civil
money penalties (section 307(a)(7) of the FD&C Act). In addition, FDA
will not accept or review any abbreviated new drug applications from
Mr. Smith during his period of debarment, other than in connection with
an audit under section 306 of the FD&C Act (section 306(c)(1)(B) of the
FD&C Act). Note that, for purposes of section 306 of the FD&C Act, a
``drug product'' is defined as a drug subject to regulation under
section 505, 512, or 802 of the FD&C Act (21 U.S.C. 355, 360b, or 382)
or under section 351 of the Public Health Service Act (42 U.S.C. 262)
(see section 201(dd) of the FD&C Act (21 U.S.C. 321(dd))).
    Any application by Mr. Smith for special termination of debarment
under section 306(d)(4) of the FD&C Act should be identified with
Docket No. FDA-2019-N-3794 and sent to the Dockets Management Staff
(see ADDRESSES). The public availability of information in these
submissions is governed by 21 CFR 10.20.
    Publicly available submissions will be placed in the docket and
will be viewable at https://www.regulations.gov or at the Dockets
Management Staff (see ADDRESSES) between 9 a.m. and 4 p.m., Monday
through Friday,<PHONE_NUMBER>.

    Dated: December 28, 2020.
Lauren K. Roth,
Acting Principal Associate Commissioner for Policy.
[FR Doc. 2020-29052 Filed 12-31-20; 8:45 am]
BILLING CODE 4164-01-P


EPA took a machine reading approach and developed code using R to extract information from certification decision documents from seven certifying authorities (Arkansas, California Water Board of San Diego, Idaho, Mississippi, New Hampshire, Oregon, and Washington) that make their certification decision documents publicly available online.  The attachments for Arkansas are listed in this docket entry.


[Federal Register Volume 82, Number 183 (Friday, September 22, 2017)]
[Notices]
[Pages 44424-44425]
[FR Doc No: 2017-20246]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2011-N-0019]

Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; Customer/Partner
Service Surveys

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA or we) is announcing
that a proposed collection of information has been submitted to the
Office of Management and Budget (OMB) for review and clearance under
the Paperwork Reduction Act of 1995.

DATES: Fax written comments on the collection of information by October
23, 2017.

ADDRESSES: To ensure that comments on the information collection are
received, OMB recommends that written comments be faxed to the Office
of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer,
Fax:<PHONE_NUMBER>, or emailed to<EMAIL_ADDRESS>All
comments should be identified with the OMB control number 0910-0360.
Also include the FDA docket number found in brackets in the heading of
this document.

FOR FURTHER INFORMATION CONTACT: Amber Sanford, Office of Operations,
Food and Drug Administration, Three White Flint North, 10A-12M, 11601
Landsdown St., North Bethesda, MD 20852,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has
submitted the following proposed collection of information to OMB for
review and clearance.

Customer/Partner Service Surveys

OMB Control Number 0910-0360--Extension

    Under section 903 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 393), FDA is authorized to conduct research and public
information programs about regulated products and responsibilities of
the Agency. Executive Order 12862, entitled, ``Setting Customer Service
Standard,'' directs Federal Agencies that ``provide significant
services directly to the public'' to ``survey customers to determine
the kind and quality of services they want and their level of
satisfaction with existing services.'' FDA is seeking OMB clearance to
conduct a series of surveys to implement Executive Order 12862.
Participation in the surveys is voluntary. This request covers
customer/partner service surveys of regulated entities, such as food
processors; cosmetic drug, biologic and medical device manufacturers;
consumers; and health professionals. The request also covers
``partner'' (State and local governments) customer service surveys.
    FDA will use the information from these surveys to identify
strengths and weaknesses in service to customers/partners and to make
improvements. The surveys will measure timeliness, appropriateness and
accuracy of information, and courtesy and problem resolution in the
context of individual programs.
    FDA estimates conducting 15 customer/partner service surveys per
year, each requiring an average of 15 minutes for review and
completion. We estimate respondents to these surveys to be between 100
and 20,000 customers. Some of these surveys will be repeats of earlier
surveys for purposes of monitoring customer/partner service and
developing long-term data.
    In the Federal Register of June 7, 2017 (82 FR 26497), FDA
published a 60-day notice requesting public comment on the proposed
collection of information. No comments were received.
    FDA estimates the burden of this collection of information as
follows:

                                 Table 1--Estimated Annual Reporting Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                        Annual
          Type of survey               Number of     frequency per       Hours per response         Total hours
                                      respondents      response
----------------------------------------------------------------------------------------------------------------
Mail, telephone, web-based........          55,000               1  .25 (15 minutes)............          13,750
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    Dated: September 15, 2017.
Anna K. Abram,
Deputy Commissioner for Policy, Planning, Legislation, and Analysis.
[FR Doc. 2017-20246 Filed 9-21-17; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 87, Number 35 (Tuesday, February 22, 2022)]
[Notices]
[Page 9677]
[FR Doc No: 2022-03644]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 34505; File No. 812-15243]

Alpha Architect ETF Trust and Empowered Funds, LLC

AGENCY: Securities and Exchange Commission (``Commission'' or ``SEC'').

ACTION: Notice.

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    Notice of an application under section 6(c) of the Investment
Company Act of 1940 (``Act'') for an exemption from section 15(a) of
the Act. The requested exemption would permit an investment adviser to
hire and replace certain subadvisers without shareholder approval.

Applicants:  Alpha Architect ETF Trust (the ``Trust''), a Delaware
statutory trust registered under the Act as an open-end management
investment company, and Empowered Funds, LLC, Pennsylvania limited
liability company registered as an investment adviser under the
Investment Advisers Act of 1940 (the ``Adviser'' or ``Empowered'' and,
collectively with the Trust, the ``Applicants'').

Filing Dates:  The application was filed on June 28, 2021 and amended
on December 17, 2021.

Hearing or Notification of Hearing:  An order granting the requested
relief will be issued unless the Commission orders a hearing.
Interested persons may request a hearing on any application by emailing
the Commission's Secretary at [email protected] and serving the
Applicants with a copy of the request by email, if an email address is
listed for the relevant Applicant below, or personally or by mail, if a
physical address is listed for the relevant Applicant below. Hearing
requests should be received by the Commission by 5:30 p.m. on March 14,
2022, and should be accompanied by proof of service on the Applicants,
in the form of an affidavit, or, for lawyers, a certificate of service.
Pursuant to rule 0-5 under the Act, hearing requests should state the
nature of the writer's interest, any facts bearing upon the
desirability of a hearing on the matter, the reason for the request,
and the issues contested. Persons who wish to be notified of a hearing
may request notification by emailing the Commission's Secretary.

ADDRESSES: The Commission: [email protected]. Applicants:
Michael Pellegrino, Esq. at law.com">[email protected]law.com.

FOR FURTHER INFORMATION CONTACT: Jill Ehrlich, Senior Counsel, or Lisa
Reid Ragen, Branch Chief, at<PHONE_NUMBER> (Division of Investment
Management, Chief Counsel's Office).

SUPPLEMENTARY INFORMATION: For Applicants' representations, legal
analysis, and conditions, please refer to Applicants' amended and
restated application, dated December 17, 2021, which may be obtained
via the Commission's website by searching for the file number at the
top of this document, or for an Applicant using the Company name search
field, on the SEC's EDGAR system. The SEC's EDGAR system may be
searched at https://www.sec.gov/edgar/searchedgar/legacy/companysearch.html. You may also call the SEC's Public Reference Room
at<PHONE_NUMBER>.

Summary of the Application

    1. The Adviser serves as the investment adviser to the Funds
pursuant to investment advisory agreements with the Trust on behalf of
each Fund (collectively, the ``Advisory Agreements'').\1\ The Adviser
is responsible for the overall management of the Funds' business
affairs and selecting investments according to the Funds' investment
objectives, policies, and restrictions, subject to the authority of the
board of trustees of the Trust (``Board''). The Advisory Agreements
permit the Adviser, subject to the approval of the Board, to delegate
to one or more unaffiliated subadvisers (each, a ``Subadviser'' and
collectively, the ``Subadvisers'') the responsibility to provide the
day-to-day portfolio investment management of each Fund, subject to the
supervision and direction of the Adviser. The primary responsibility
for managing the Funds will remain vested in the Adviser. The Adviser
will hire, evaluate, allocate assets to and oversee the Subadvisers,
including determining whether a Subadviser should be terminated, at all
times subject to the authority of the Board.
---------------------------------------------------------------------------

    \1\ Applicants request relief with respect to any existing or
future series of the Trust and any other existing or future
registered open-end management investment company or series thereof
that: (a) Is advised by Empowered, or any entity controlling,
controlled by or under common control with Empowered or its
successors (each, also an ``Adviser''); (b) uses the manager-of-
managers structure described in the application; and (c) complies
with the terms and conditions of the application (any such series, a
``Fund'' and collectively, the ``Funds''). For purposes of the
requested order, ``successor'' is limited to an entity that results
from a reorganization into another jurisdiction or a change in the
type of business organization.
---------------------------------------------------------------------------

    2. Applicants request an exemption to permit the Adviser, subject
to Board approval, to hire certain Subadvisers pursuant to subadvisory
agreements (``Subadvisory Agreements'') and materially amend existing
Subadvisory Agreements without obtaining the shareholder approval
required under section 15(a) of the Act.\2\
---------------------------------------------------------------------------

    \2\ The requested relief will not extend to any subadviser that
is an affiliated person, as defined in section 2(a)(3) of the Act,
of the Trust, a Fund or the Adviser, other than by reason of serving
as a subadviser to one or more of the Funds.
---------------------------------------------------------------------------

    3. Applicants agree that any order granting the requested relief
will be subject to the terms and conditions stated in the application.
Such terms and conditions provide for, among other safeguards,
appropriate disclosure to Fund shareholders and notification about
subadvisory changes and enhanced Board oversight to protect the
interests of the Funds' shareholders.
    4. Section 6(c) of the Act provides that the Commission may exempt
any person, security, or transaction or any class or classes of
persons, securities, or transactions from any provisions of the Act, or
any rule thereunder, if such relief is necessary or appropriate in the
public interest and consistent with the protection of investors and
purposes fairly intended by the policy and provisions of the Act.
Applicants believe that the requested relief meets this standard
because, as further explained in the application, the Advisory
Agreements will remain subject to shareholder approval, while the role
of the Subadvisers is substantially similar to that of individual
portfolio managers, so that requiring shareholder approval of
Subadvisory Agreements would impose unnecessary delays and expenses on
the Funds.
    For the Commission, by the Division of Investment Management, under
delegated authority.

    Dated: February 15, 2022.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022-03644 Filed 2-18-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 173 (Thursday, September 6, 2018)]
[Notices]
[Pages 45305-45306]
[FR Doc No: 2018-19307]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

Hazardous Materials: Notice of Applications for Special Permits

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

ACTION: List of applications for modification of special permits.

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SUMMARY: In accordance with the procedures governing the application
for, and the processing of, special permits from the Department of
Transportation's Hazardous Material Regulations, notice is hereby given
that the Office of Hazardous Materials Safety has received the
application described herein. Each mode of transportation for which a
particular special permit is requested is indicated by a number in the
``Nature of Application'' portion of the table below as follows: 1--
Motor vehicle, 2--Rail freight, 3--Cargo vessel, 4--Cargo aircraft
only, 5--Passenger-carrying aircraft.

DATES: Comments must be received on or before September 21, 2018.

ADDRESSES: Record Center, Pipeline and Hazardous Materials Safety
Administration, U.S. Department of Transportation Washington, DC 20590.
    Comments should refer to the application number and be submitted in
triplicate. If confirmation of receipt of comments is desired, include
a self-addressed stamped postcard showing the special permit number.

FOR FURTHER INFORMATION CONTACT: Ryan Paquet, Director, Office of
Hazardous Materials Approvals and Permits Division, Pipeline and
Hazardous Materials Safety Administration, U.S. Department of
Transportation, East Building, PHH-30, 1200 New Jersey Avenue
Southeast, Washington, DC 20590-0001,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Copies of the applications are available for
inspection in the Records Center, East Building, PHH-30, 1200 New
Jersey Avenue Southeast, Washington DC or at http://regulations.gov.
    This notice of receipt of applications for special permit is
published in accordance with part 107 of the Federal hazardous
materials transportation law (49 U.S.C. 5117(b); 49 CFR 1.53(b)).

    Issued in Washington, DC, on August 31, 2018.
Donald P. Burger,
Chief, General Approvals and Permits Branch.

                          Special Permits Data
------------------------------------------------------------------------
                                                        Nature of the
 Application No.     Applicant      Regulation(s)      special permits
                                       affected            thereof
------------------------------------------------------------------------
12629-M.........  TEA              173.302a(b)(2),  To modify the
                   TECHNOLOGIES     173.302a(b)(3)   special permit to
                   INC.             ,                include UN-ISO
                                    173.302a(b)(4)   11120 cylinders to
                                    ,                list of cylinders
                                    173.302a(b)(5)   authorized for
                                    , 180.205(c),    retest (modes
                                    180.205(f),      1,2,3,4).
                                    180.205(g),
                                    180.205(i).
14188-M.........  STP PRODUCTS     173.304(d),      To modify the
                   MANUFACTURING    173.306(i).      special permit to
                   COMPANY.                          authorize
                                                     additional cylinder
                                                     designs and
                                                     pressures (modes
                                                     1,2,3,4).
14856-M.........  BKC INDUSTRIES   180.209(a),      To modify the
                   INC.             180.209(b).      special permit to
                                                     authorize
                                                     additional hazmat,
                                                     change the CGA neck
                                                     thread inspection
                                                     procedures and
                                                     correct the link to
                                                     DOT referenced
                                                     procedure. (modes
                                                     1,2,3).
14857-M.........  WESTERN SALES &  180.209(a),      To modify the
                   TESTING OF       180.209(b).      special permit to
                   AMARILLO INC.                     authorize
                                                     additional hazmat,
                                                     editorial changes
                                                     to CGA neck thread
                                                     inspection
                                                     procedures and edit
                                                     incorrect link to
                                                     DOT referenced
                                                     procedure. (modes
                                                     1,2,3).
16413-M.........  AMAZON.COM, INC  172.301(c),      To modify the
                                    173.185(c)(1)(   special permit to
                                    iii),            authorize an
                                    173.185(c)(3)(   electronic copy of
                                    i).              the special permit
                                                     to be carried
                                                     aboard the motor
                                                     vehicle and to
                                                     authorize the use
                                                     of the lithium
                                                     battery mark on the
                                                     packaging. (mode
                                                     1).
16532-M.........  GENERAL          173.185(f).....  To authorize an
                   ELECTRIC                          increase in the
                   COMPANY.                          watt hours of cells
                                                     and batteries, to
                                                     300 and 10,800
                                                     respectively.
                                                     (modes 1,2).
20612-M.........  WILCO MACHINE &  178.345-7(a)(1)  To remove the
                   FAB, INC.                         requirement for an
                                                     external visual
                                                     inspection every
                                                     six months. (mode
                                                     1).

20662-M.........  DEPARTMENT OF    173.219(b).....  To modify the
                   DEFENSE                           special permit to
                   (MILITARY                         change it from
                   SURFACE                           emergency to
                   DEPLOYMENT &                      permanent. (modes
                   DISTRIBUTION                      1,2,3).
                   COMMAND).
------------------------------------------------------------------------

[FR Doc. 2018-19307 Filed 9-5-18; 8:45 am]
 BILLING CODE 4909-60-P


[Federal Register: May 2, 2008 (Volume 73, Number 86)]
[Rules and Regulations]
[Page 24141-24143]
[DOCID:fr02my08-2]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-0248 Directorate Identifier 2007-CE-084-AD;
Amendment 39-15500; AD 2008-09-19]
RIN 2120-AA64

Airworthiness Directives; De Havilland Support Limited Model
Beagle B.121 Series 1, 2, and 3 Airplanes

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

ACTION: Final rule.

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SUMMARY: We are adopting a new airworthiness directive (AD) for the
products listed above. This AD results from mandatory continuing
airworthiness information (MCAI) issued by an aviation authority of
another country to identify and correct an unsafe condition on an
aviation product. The MCAI describes the unsafe condition as:

    The Type Certificate Holder (TCH) has received several reports
of failed Rudder torque tube assemblies. The torque tube assemblies
are subject to repetitive inspection in accordance with
Airworthiness Directive 2060 PRE 80. The recent failures occurred in
service after the inspections required by AD 2060 PRE 80 had been
performed. In the event of such failures, loss of directional
control through both the Rudder and Nosewheel Steering may occur.
The TCH has also received reports of loose rivets attaching the
inboard Anchor Assembly to the Starboard Torque Tube.

We are issuing this AD to require actions to correct the unsafe
condition on these products.

DATES: This AD becomes effective June 6, 2008.
    On June 6, 2008, the Director of the Federal Register approved the
incorporation by reference of certain publications listed in this AD.

ADDRESSES: You may examine the AD docket on the Internet at http://
www.regulations.gov or in person at Document Management Facility, U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC
20590.

FOR FURTHER INFORMATION CONTACT: Taylor Martin, Aerospace Engineer,
FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City,
Missouri 64106; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would apply to the specified products.
That NPRM was published in the Federal Register on November 27, 2007
(72 FR 66087). That NPRM proposed to correct an unsafe condition for
the specified products. The MCAI states:

    The Type Certificate Holder (TCH) has received several reports
of failed Rudder torque tube assemblies. The torque tube assemblies
are subject to repetitive inspection in accordance with
Airworthiness Directive 2060 PRE 80. The recent failures occurred in
service after the inspections required by AD 2060 PRE 80 had been
performed. In the event of such failures, loss of directional
control through both the Rudder and Nosewheel Steering may occur.
The TCH has also received reports of loose rivets attaching the
inboard Anchor Assembly to the Starboard Torque Tube.

The MCAI requires the inspection of the rudder torque tube assemblies
and hubs for cracking and loose rivets with conditional correction or
replacement following De Havilland Support Limited Service Bulletin
B121/65, Issue 2, dated August 10, 2005.

Comments

    We gave the public the opportunity to participate in developing
this AD. We considered the comment received.

Comment Issue: Reference the Correct TC Holder in the AD

    Trevor A. Wood requests that the FAA reference De Havilland Support
Ltd. (DHSL) in the proposed AD instead of British Aerospace Aircraft
Group, Scottish Division. The commenter points out that DHSL is the
organization that has published the service information, and he
believes that the current type certificate data sheet for the Beagle
B.121 series 1, 2, and 3 airplanes incorrectly references the type
certificate holder. The commenter points out that the British Aerospace
Aircraft Group, Scottish Division, relinquished responsibility for
these airplanes in November 2002 when the type certificate was
transferred to DHSL.
    The FAA does not agree that the NPRM incorrectly referenced British
Aerospace Aircraft Group, Scottish Division, as the type certificate
holder. We cannot change the type certificate data sheet without
approval and request from the State of Design, in this case the United
Kingdom Civil Aviation Authority (CAA) and the European Aviation Safety
Agency (EASA). However, since issuance of the NPRM, the FAA has
received such approval and request. We have revised the type
certificate data sheet (A22EU, Revision 4, dated March 20, 2008) to
reference the type certificate holder of the Beagle B.121 series 1, 2,
and 3 airplanes as De Havilland Support Limited. We have made the
appropriate changes in the final rule AD action to reflect this.

Conclusion

    We reviewed the available data, including the comment received, and
determined that air safety and the public interest require adopting the
AD with the changes described previously. We determined that these
changes will not increase the economic burden on any operator or
increase the scope of the AD.

Differences Between This AD and the MCAI or Service Information

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

Costs of Compliance

    Based on the service information, we estimate that this AD will
affect 1 product of U.S. registry. We also estimate that it will take
about 1 work-hour per product to comply with basic requirements of this
AD. The average labor rate is $80 per work-hour.
    Based on these figures, we estimate the cost of this AD to the U.S.
operators to be $80, or $80 per product.
    In addition, we estimate that any necessary follow-on actions would
take about 12 work-hours and require parts costing $10,000 for a cost
of $10,960 per product.

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 above, I certify 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); and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD Docket.

Examining the AD Docket

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
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 adding the following new AD:

2008-09-19 De Havilland Support Limited: Amendment 39-15500; Docket
No. FAA-2007-0248; Directorate Identifier 2007-CE-084-AD.

Effective Date

    (a) This airworthiness directive (AD) becomes effective June 6,
2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Beagle B.121 series 1, 2, and 3
airplanes, all serial numbers, certificated in any category.

Subject

    (d) Air Transport Association of America (ATA) Code 27: Flight
Controls.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:
    The Type Certificate Holder (TCH) has received several reports
of failed Rudder torque tube assemblies. The torque tube assemblies
are subject to repetitive inspection in accordance with
Airworthiness Directive 2060 PRE 80. The recent failures occurred in
service after the inspections required by AD 2060 PRE 80 had been
performed. In the event of such failures, loss of directional
control through both the Rudder and Nosewheel Steering may occur.
The TCH has also received reports of loose rivets attaching the
inboard Anchor Assembly to the Starboard Torque Tube.
The MCAI requires the inspection of the rudder torque tube
assemblies and hubs for cracking and loose rivets with conditional
correction or replacement in accordance with De Havilland Support
Limited Service Bulletin B121/65, Issue 2, dated August 10, 2005.

Actions and Compliance

    (f) Unless already done, do the following actions:
    (1) Within 100 hours time-in-service (TIS) after June 6, 2008
(the effective date of this AD) and thereafter at intervals not to
exceed 100 hours TIS, inspect the rudder torque tube assemblies
following De Havilland Support Limited Service Bulletin B121/65,
Issue 2, dated August 10, 2005.
    (2) Before further flight, replace any cracked rudder torque
tube assemblies and correct any loose rivets in the rudder torque
tube assemblies that are found in the inspections required in
paragraph (f)(1) of this AD, following De Havilland Support Limited
Service Bulletin B121/65, Issue 2, dated August 10, 2005.
    (3) After June 6, 2008 (the effective date of this AD), used
rudder torque assemblies held as spares for De Havilland Support
Limited Model Beagle B.121 series 1, 2, and 3 airplanes must be
inspected following De Havilland Support Limited Service Bulletin
B121/65, Issue 2, dated August 10, 2005, and found free of cracks
prior to installation.

FAA AD Differences

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

Other FAA AD Provisions

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

requirements and has assigned OMB Control Number 2120-0056.

Related Information

    (h) Refer to MCAI United Kingdom Civil Aviation Authority AD No:
G-2005-0030, dated October 12, 2005; and De Havilland Support
Limited Service Bulletin B121/65, Issue 2, dated August 10, 2005,
for related information.

Material Incorporated by Reference

    (i) You must use De Havilland Support Limited Service Bulletin
B121/65, Issue 2, dated August 10, 2005, to do the actions required
by this AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact De
Havilland Support Limited, Building 123, Duxford Airfield,
Cambridgeshire, CB2 4QR, England, telephone: +44 0 1223 830090; fax:
+44 0 1223 830085; e-mail<EMAIL_ADDRESS>    (3) You may review copies at the FAA, Central Region, Office of
the Regional Counsel, 901 Locust, Room 506, Kansas City, Missouri
64106; or at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-
register/cfr/ibr-locations.html.

    Issued in Kansas City, Missouri, on April 24, 2008.
James E. Jackson,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-9588 Filed 5-1-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register: November 13, 2007 (Volume 72, Number 218)]
[Notices]
[Page 63895-63896]
[DOCID:fr13no07-48]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2007-0274; FRL-8494-3]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; Safer Detergent Stewardship
Initiative (SDSI) Program; EPA ICR No. 2261.01, OMB No. 2070-NEW

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501
et seq.), this document announces that an Information Collection
Request (ICR) has been forwarded to the Office of Management and Budget
(OMB) for review and approval. This is a request for a new collection.
The ICR, which is abstracted below, describes the nature of the
information collection and its estimated burden and cost.

DATES: Additional comments may be submitted on or before December 13,
2007.

ADDRESSES: Submit your comments, referencing docket ID Number EPA-HQ-
OPPT-2007-0274 to (1) EPA online using http://www.regulations.gov (our preferred method), by e-mail to<EMAIL_ADDRESS>or by mail to:

Document Control Office (DCO), Office of Pollution Prevention and
Toxics (OPPT), Environmental Protection Agency, Mail Code: 7407T, 1200
Pennsylvania Ave., NW., Washington, DC 20460, and (2) OMB at: Office of
Information and Regulatory Affairs, Office of Management and Budget
(OMB), Attention: Desk Officer for EPA, 725 17th Street, NW.,
Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Barbara Cunningham, Director,
Environmental Assistance Division, Office of Pollution Prevention and
Toxics, Environmental Protection Agency, Mailcode: 7408-M, 1200
Pennsylvania Ave., NW., Washington, DC 20460; telephone number: 202-
554-1404; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB
for review and approval according to the procedures prescribed in 5 CFR
1320.12. On May 9, 2007 (72 FR 26357), EPA sought comments on the
proposed new ICR pursuant to 5 CFR 1320.8(d). EPA received 13 comments
during the comment period, which are addressed in the ICR. Any comments
related to this ICR should be submitted to EPA and OMB within 30 days
of this notice.
    EPA has established a public docket for this ICR under Docket ID
No. EPA-HQ-OPPT-2007-0274, which is available for online viewing at
http://www.regulations.gov, or in person inspection at the OPPT Docket

in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301
Constitution Ave., NW., Washington, DC. The EPA Docket Center Public
Reading Room is open from 8 a.m. to 4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone number for the Reading Room is
202-566-1744, and the telephone number for the Pollution Prevention and
Toxics Docket is<PHONE_NUMBER>.
    Use EPA's electronic docket and comment system at
http://www.regulations.gov, to submit or view public comments, access the

index listing of the contents of the docket, and to access those
documents in the docket that are available electronically. Once in the
system, select ``docket search,'' then key in the docket ID number
identified above. Please note that EPA's policy is that public
comments, whether submitted electronically or in paper, will be made
available for public viewing at http://www.regulations.gov as EPA receives

them and without change, unless the comment contains copyrighted
material, Confidential Business Information (CBI), or other information
whose public disclosure is restricted by statute. For further
information about the electronic docket, go to http://www.regulations.gov.

    Title: Safer Detergent Stewardship Initiative (SDSI) Program.
    ICR Numbers: EPA ICR No. 2261.01, OMB Control No. 2070-NEW.
    ICR Status: This ICR is for a new information collection activity.
An Agency may not conduct or sponsor, and a person is not required to
respond to, a collection of information, unless it displays a currently
valid OMB control number. The OMB control numbers for EPA's regulations
in title 40 of the CFR, after appearing in the Federal Register when
approved, are listed in 40 CFR part 9, are displayed either by
publication in the Federal Register or by other appropriate means, such
as on the related collection instrument or form, if applicable. The
display of OMB control numbers in certain EPA regulations is
consolidated in 40 CFR part 9.
    Abstract: This information collection addresses paperwork
activities that support the administration of the Safer Detergent
Stewardship Initiative (SDSI). SDSI is a voluntary program administered
by EPA to offer resources and recognition to businesses involved in the
transition to safer surfactants. Surfactants are a major ingredient in
cleaning products such as detergents, cleaners, airplane deicers and
fire-fighting foams. Safer surfactants are those that break down
quickly to non-polluting compounds. Businesses and other organizations
that wish to be recognized by EPA should complete and submit an
application form (EPA Form 6300-2).
    Under SDSI, businesses that have fully transitioned to safer
surfactants, or (for non-profits, academic institutions, etc.) can
document outstanding efforts to encourage the use of safer surfactants,
are granted Champion status. Businesses that commit to a full and
timely transition to safer surfactants, or (for non-profits, academic
institutions, etc.) can document outstanding efforts to encourage the
use of safer surfactants, are granted Partner status. This category
provides recognition of significant accomplishments towards the use of
safer surfactants. Partners will be listed on the EPA SDSI website and
may be granted recognition as a Champion in the future if appropriate.
Responses to the collection of information are voluntary. Respondents
may claim all or part of a notice as CBI. EPA will disclose information
that is covered by a CBI claim only to the extent permitted by, and in
accordance with, the procedures in 40 CFR part 2.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 10
hours per response. Burden means the total time, effort or financial
resources expended by persons to generate, maintain, retain or disclose
or provide information to or for a Federal agency. This includes the
time needed to review instructions; develop, acquire, install and
utilize technology and systems for the purposes of collecting,
validating and verifying information, processing and maintaining
information, and disclosing and providing information; adjust the
existing ways to comply with any previously applicable instructions and
requirements; train personnel to be able to respond to a collection of
information; search data sources; complete and review the collection of
information; and transmit or otherwise disclose the information.
    Respondents/Affected Entities: Entities potentially affected by
this action are establishments or organizations engaged in formulating,
producing, purchasing or distributing surfactants or products
containing surfactants.
    Estimated No. of Respondents: 375.
    Frequency of Collection: On occasion.

    Estimated Total Annual Hour Burden: 3,750 hours.
    Estimated Total Annual Labor Costs: $182,625.
    Changes in Burden Estimates: This is a new information collection
request. The burden associated with responses to this new information
collection reflects an increase of 3,750 hours in the total estimated
respondent burden from that currently in the OMB inventory. This
increase represents a program change.

    Dated: November 6, 2007.
Sara Hisel-McCoy,
Director, Collection Strategies Division.
 [FR Doc. E7-22154 Filed 11-9-07; 8:45 am]

BILLING CODE 6560-50-P


i

 EPA REGISTRATION DIVISION COMPANY NOTICE OF FILING FOR PESTICIDE PETITIONS PUBLISHED IN THE FEDERAL REGISTER

 EPA Registration Division contact: Kerry Leifer, Branch Chief Inert Assessment Branch (IAB)<PHONE_NUMBER>

IN-11669

Spring Regulatory Sciences (SRS) on behalf of Nouryon Chemicals LLC (USA)
EPA has received a pesticide petition (IN-11669) from Spring Regulatory Sciences on behalf of Nouryon Chemicals LLC (USA), 131 S Dearborn, Suite 1000, Chicago, IL 60603-5566 requesting, pursuant to section 408(d) of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a(d), to amend 40 CFR part 180 to establish an exemption from the requirement of a tolerance for Cellulose, ethyl 2-hydroxyethyl ether (CAS Number: 9004-58-4), consisting of a minimum number average molecular weight of 165000 daltons, <2% of its oligomeric material weighing below 500 daltons and <5% of its oligomeric material weighing less than 1,000 daltons in or on the raw agricultural commodity growing crops pre or post-harvest under 40 CFR 180.960 when used as an inert ingredient in pesticide formulations. EPA has determined that the petition contains data or information regarding the elements set forth in section 408 (d)(2) of FDDCA; however, EPA has not fully evaluated the sufficiency of the submitted data at this time or whether the data supports granting of the petition. Additional data may be needed before EPA rules on the petition.

In the case of certain chemical substances that are defined as polymers, the Agency has established a set of criteria to identify categories of polymers expected to present minimal or no risk. The definition of a polymer is given in 40 CFR 723.250(b) and the exclusion criteria for identifying these low-risk polymers are described in 40 CFR 723.250(d).
Cellulose, ethyl 2-hydroxyethyl ether conforms to the definition of a polymer given in 40 CFR 723.250(b) and meets the following criteria that are used to
identify low-risk polymers.
 The polymer is not a cationic polymer nor is it reasonably anticipated to become a cationic polymer in a natural aquatic environment.
 The polymer contains as an integral part of its composition at least two of the atomic elements carbon, hydrogen, nitrogen, oxygen, silicon, and sulfur.
    The polymer does not contain as an integral part of its composition, except as

impurities, any element other than those listed in 40 CFR 723.250(d)(2)(ii).
    The polymer has not been designed to be unstable, decompose, or depolymerize.
 The polymer is manufactured or imported from monomers and/or reactants that are already included on the TSCA Chemical Substance Inventory.
 The polymer is not a water absorbing polymer with a number average molecular weight (MW) greater than or equal to 10,000 daltons.
 The polymer does not contain, as an integral part of its composition, one or more of the following perfluoroalkyl moieties consisting of a CF3- or longer chain length:
 Perfluoroalkyl sulfonates (PFAS),
        Perfluoroalkyl carboxylates (PFAC),
 Fluorotelomers,
        Perfluoroalkyl moieties that are covalently bound to either a carbon or sulfur atom where the carbon or sulfur atom is an integral part of the polymer molecule.
 The polymer meets option 2 of the exemption criteria specified in 40 CFR 723.250(e): The polymer's number average molecular weight is greater than or equal to 10000 daltons (165000 daltons), the polymer contains less than 2% oligomeric material below MW 500 (0%) and less than 5% oligomeric material below MW 1,000 (0%) Thus, the polymer meets the criteria for a polymer to be considered low risk under 40 CFR 723.250. Based on its conformance to the criteria in this unit, no mammalian toxicity is anticipated from dietary, inhalation, or dermal exposure to polymers.

 Residue Chemistry

        Plant metabolism. NA-Remove: Polymer exemption
 Analytical method. An analytical method is not required for enforcement purposes since the Agency is establishing an exemption from the requirement of a tolerance without any numerical limitation.
        Magnitude of residues. NA-Remove: Polymer exemption

    Toxicological Profile
        Acute toxicity. NA-Remove: Polymer exemption
        Genotoxicty. NA-Remove: Polymer exemption
        Reproductive and developmental toxicity. NA-Remove: Polymer exemption
        Subchronic toxicity. NA-Remove: Polymer exemption
 Chronic toxicity. There is no evidence that Cellulose, ethyl 2-hydroxyethyl ether is carcinogenic. Therefore, a cancer dietary exposure assessment is not necessary to assess cancer risk.

        Animal metabolism. NA-Remove: Polymer exemption

        Metabolite toxicology. NA-Remove: Polymer exemption

 Endocrine disruption. FQPA requires EPA to develop a screening program to determine whether certain substances, including all pesticide chemicals (both inert and active ingredients), ``may have an effect in humans that is similar to an effect produced by a naturally occurring estrogen, or such other endocrine effect.'' EPA has been working with interested stakeholders to develop a screening and testing program as well as a priority setting scheme. As the Agency proceeds with implementation of this program, further testing of products containing Cellulose, ethyl 2-hydroxyethyl ether for endocrine effects may be required. This class of chemistry does not belong to a class of chemicals known or suspected of having adverse effects on the estrogen receptor or endocrine system.

  Aggregate Exposure
 Dietary exposure. In examining aggregate exposure, section 408 of the FFDCA directs EPA to consider available information concerning exposures from the pesticide residue in food and all other non-occupational exposures, including drinking water from ground water or surface water and exposure through pesticide use in gardens, lawns, or buildings (residential and other indoor uses).

EPA establishes exemptions from the requirement of a tolerance only in those cases where it can be demonstrated that the risks from aggregate exposure to pesticide chemical residues under reasonably foreseeable circumstances will pose no appreciable risks to human health. In order to determine the risks from aggregate exposure to pesticide inert ingredients, the Agency considers the toxicity of the inert in conjunction with possible exposure to residues of the inert ingredient through food, drinking water, and through other exposures that occur as a result of pesticide use in residential settings. If EPA is able to determine that a finite tolerance is not necessary to ensure that there is a reasonable certainty that no harm will result from aggregate exposure to the inert ingredient, an exemption from the requirement of a tolerance may be established.

  Cumulative Effects

Section 408(b)(2)(D)(v) of FFDCA requires that, when considering whether to establish, modify, or revoke a tolerance, the Agency consider "available information" concerning the cumulative effects of a particular pesticide's residues and "other substances that have a common mechanism of toxicity".

Spring Regulatory Sciences has not found Cellulose, ethyl 2-hydroxyethyl ether to share a common mechanism of toxicity with any other substances, and Cellulose, ethyl 2- hydroxyethyl ether does not appear to produce a toxic metabolite produced by other substances. For the purposes of this tolerance action, therefore, SRS has assumed that Cellulose, ethyl 2-hydroxyethyl ether does not have a common mechanism of toxicity with other substances. For information regarding EPA's efforts to determine which chemicals have a common mechanism of toxicity and to evaluate the cumulative effects of such chemicals, see EPA's Web site at http://www.epa.gov/pesticides/cumulative.

 Safety Determination

 U.S. population. Based on the conformance to the criteria used to identify a low-risk polymer, SRS concludes that there is a reasonable certainty of no harm to the
U.S. population, including infants and children, from aggregate exposure to residues of Cellulose, ethyl 2-hydroxyethyl ether.

 Infants and children. Section 408(b)(2)(C) of FFDCA provides that EPA shall apply an additional tenfold margin of safety for infants and children in the case of threshold effects to account for prenatal and postnatal toxicity and the completeness of the data base unless EPA concludes that a different margin of safety will be safe for infants and children. Due to the expected low toxicity of Cellulose, ethyl 2-hydroxyethyl ether, SRS has not used a safety factor analysis to assess the risk. For the same reasons the additional tenfold safety factor is unnecessary.
 International Tolerances
SRS is not aware of any country requiring a tolerance for the Cellulose, ethyl 2- hydroxyethyl ether nor have any CODEX Maximum Residue Levels been established for any food crops at this time.


[Federal Register: October 27, 2005 (Volume 70, Number 207)]
[Notices]
[Page 61972-61973]
[DOCID:fr27oc05-31]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 2

October 21, 2005.
    Take notice that the Commission received the following electric
rate filings.
    Docket Numbers: ER04-230-018; ER01-3155-013; ER01-1385-022; EL01-
45-021.
    Applicants: New York Independent System Operator, Inc.
    Description: New York Independent System Operator submits Third
Revised Sheet No. 472A et al. to FERC Electric Tariff, Original Volume
No. 2 as a revision to Market Monitoring Mitigation Measures.
    Filed Date: October 17, 2005.
    Accession Number: 20051019-0027.
    Comment Date: 5 p.m. Eastern Time on Monday, November 7, 2005.

    Docket Numbers: ER04-691-064; EL04-104-061.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc
submits proposed revisions to section 10 of its Open Access
Transmission and Energy Markets Tariff, FERC Electric Tariff, Third
Revised Volume No. 1.
    Filed Date: October 17, 2005.
    Accession Number: 20051018-0015.
    Comment Date: 5 p.m. Eastern Time on Monday, November 7, 2005.

    Docket Numbers: ER05-1422-002.
    Applicants: Calpine Merchant Services Company, Inc.
    Description: Calpine Merchant Services Co., Inc. files an amendment
to the Notice of Succession filed on September 1, 2005.
    Filed Date: October 17, 2005.
    Accession Number: 20051018-0011.
    Comment Date: 5 p.m. Eastern Time on Monday, November 7, 2005.

    Docket Numbers: ER05-215-005.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc.
submits the Second Revised Sheets Nos. 84, 94 and 96 through 98 of the
Large Generator Interconnection Agreement with Prairie State Generating
Co., LLC, Midwest ISO, and Ameren Services Company, acting as agent for
Illinois Power Company.
    Filed Date: October 17, 2005.
    Accession Number: 20051019-0026.
    Comment Date: 5 p.m. Eastern Time on Monday, November 7, 2005.

    Docket Numbers: ER05-386-002.
    Applicants: Interstate Power Company.
    Description: Interstate Power Co. submits a revised First Amendment
to the 4/1/80 Agreement for Integrated Transmission Area.
    Filed Date: October 17, 2005.
    Accession Number: 20051019-0028.
    Comment Date: 5 p.m. Eastern Time on Monday, November 7, 2005.

    Docket Numbers: ER05-636-002.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc.
submits the Large Generator Interconnection Agreement with Columbia
Community Windpower LLC, Midwest ISO, and American Transmission Co.,
LLC.
    Filed Date: October 17, 2005.
    Accession Number: 20051019-0017.
    Comment Date: 5 p.m. Eastern Time on Monday, November 7, 2005.

    Docket Numbers: ER05-662-002.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc.
submits its Large Generator Interconnection Agreement with Darlington
Wind Farm, LLC, Midwest ISO, and American Transmission Company LLC.
    Filed Date: October 17, 2005.
    Accession Number: 20051019-0020.
    Comment Date: 5 p.m. Eastern Time on Monday, November 7, 2005.

    Docket Numbers: ER05-864-001.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc.
submits its the Large Generator Interconnection Agreement among Forward
Energy LLC, Midwest ISO, and American Transmission Co. LLC.
    Filed Date: October 17, 2005.
    Accession Number: 20051019-0019.
    Comment Date: 5 p.m. Eastern Time on Monday, November 7, 2005.

    Docket Numbers: ER06-31-000.
    Applicants: Cleco Power LLC.
    Description: Cleco Power LLC's notice of cancellation of the
interchange & unit contingent capacity & associated energy agreement
with Noram Energy Services.
    Filed Date: October 12, 2005.
    Accession Number: 20051017-0223.
    Comment Date: 5 p.m. Eastern Time on Monday, November 2, 2005.

    Docket Numbers: ER06-43-000.
    Applicants: Exelon Power Generation, LLC.
    Description: Application of Commonwealth Edison Co and Exelon
Generation Co., LLC under section 205 of the Federal Power Act
including a service agreement between ExGen and ComEd, copy of the
signature page filed on October 18, 2005 under accession number
20051019-0264.
    Filed Date: October 17, 2005.
    Accession Number: 20051019-0004.
    Comment Date: 5 p.m. Eastern Time on Monday, November 7, 2005.

    Docket Numbers: ER06-46-000.
    Applicants: FirstEnergy Service Company.
    Description: FirstEnergy Services Co. submits a Nuclear Sale/
Leaseback Power Supply Agreement with Ohio Edison Co. and the Toledo
Edison Co.
    Filed Date: October 17, 2005.
    Accession Number: 20051019-0270.
    Comment Date: 5 p.m. Eastern Time on Monday, November 7, 2005.

    Docket Numbers: ER06-47-000.
    Applicants: FirstEnergy Service Company.
    Description: FirstEnergy Supply Co. submits the Mansfield Power
Supply

Agreement with the Cleveland Electric Illuminating Co. and the Toledo
Edison Co.
    Filed Date: October 17, 2005.
    Accession Number: 20051020-0275.
    Comment Date: 5 p.m. Eastern Time on Monday, November 7, 2005.

    Docket Numbers: ER06-48-000.
    Applicants: FirstEnergy Generation Corp.
    Description: FirstEnergy Generation Corp. submits a Genco Power
Supply Agreement between the FirstEnergy Generation Corp. and
FirstEnergy Solutions Corp.
    Filed Date: October 17, 2005.
    Accession Number: 20051020-0277.
    Comment Date: 5 p.m. Eastern Time on Monday, November 7, 2005.

    Docket Numbers: ER06-49-000.
    Applicants: FirstEnergy Nuclear Generation Corp.
    Description: FirstEnergy Nuclear Generation Corp. submits an
agreement between FirstEnergy Nuclear Generation Corp. and FirstEnergy
Solutions Corp.
    Filed Date: October 17, 2005.
    Accession Number: 20051020-0279.
    Comment Date: 5 p.m. Eastern Time on Monday, November 7, 2005.

    Docket Numbers: ER96-2495-027; ER97-4143-015; ER97-1238-022; ER98-
2075-021; ER98-542-017.
    Applicants: AEP Power Marketing, Inc.; AEP Service Corporation, CSW
Power Marketing, Inc.; CSW Energy Services, Inc.; and Central and South
West Services, Inc.
    Description: AEP Power Marketing, Inc. et al. report changes in the
information upon which the Commission relied in granting market-based
rate authority.
    Filed Date: October 14, 2005.
    Accession Number: 20051018-0127.
    Comment Date: 5 p.m. Eastern Time on Friday, November 4, 2005.

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. 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. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other and the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov.
 To facilitate electronic service, persons with Internet

access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St. NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also 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 dockets(s). For assistance
with any FERC Online service, please e-mail<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
 [FR Doc. E5-5967 Filed 10-26-05; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: April 13, 2006 (Volume 71, Number 71)]
[Notices]
[Page 19224-19226]
[DOCID:fr13ap06-128]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-53609; File No. SR-NYSEArca-2006-01]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Order Granting Accelerated Approval of Proposed Rule Change
Relating to Brokers Executing as Principal Orders They Represent as
Agent

April 6, 2006.
    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 March 21, 2006, NYSE Arca, Inc. (``Exchange'') filed with the
Securities and Exchange Commission (``Commission'') the proposed rule
change as described in Items I and II below, which Items have been
prepared by the Exchange. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons
and is approving the proposal on an accelerated basis.
---------------------------------------------------------------------------

    \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 Exchange is proposing to change the time period that NYSE Arca
Brokers (``Brokers'') must wait prior to executing as principal orders
they represent as agent. The text of the proposed rule change is
available on the Exchange's Web site (http://www.archipelago.com), at

the Exchange's Office of the Secretary, 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 III 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
    The purpose of this filing is to amend NYSE Arca Rule 6.76,
``Priority and Order Allocation Procedures,'' relating to the
Exchange's PCX Plus System (``PCX Plus'' or ``System''). NYSE Arca Rule
6.76(c), which governs Crossing Orders on PCX Plus, among other things
provides for a Crossing Mechanism that Brokers may utilize to
electronically cross two orders.\3\ With respect to principal-agency
crosses effected electronically on the Exchange but not through the
Crossing Mechanism, Rule 6.76(c)(3)(B)(i) stipulates that Brokers may
not execute as principal orders that they represent as agent unless the
agency orders are first exposed on the Exchange for at least 30
seconds.\4\ Rule 6.76(c)(3)(B)(i) was included in the rules to guard
against Brokers circumventing the time parameters established in the
Crossing Mechanism by immediately executing as principal orders they
represent as agent. It is this section of Rule 6.76 that the Exchange
proposes to change.
---------------------------------------------------------------------------

    \3\ See NYSE Arca Rule 6.76(c)(2), which defines the Crossing
Mechanism as ``a process by which a NYSE Arca Broker may facilitate
orders or cross two orders.'' As detailed below, the Crossing
Mechanism exposes one of the orders to market participants for a
specified period of time before executing the cross. See also NYSE
Arca Rule 6.76(c)(1)(A), which defines Cross Order for the purposes
of Rule 6.76(c) as ``two orders with instructions to match the
identified buy-side with the identified sell-side at a specified
price (the ``Cross Price'').''
    \4\ Telephone conversation between Glenn Gsell, Director,
Regulation, Exchange, and Ira Brandriss, Special Counsel, and Kate
Robbins, Attorney, Division of Market Regulation, Commission, on
April 4, 2006 (``Telephone Conversation of April 4, 2006''). The
Broker may also execute a cross in open outcry, pursuant to Rule
6.47. Telephone Conversation of April 4, 2006.
---------------------------------------------------------------------------

    When entering two orders into the Crossing Mechanism, one of the
orders must be designated as an Exposed Order.\5\ Exposed Orders are
exposed to market participants for a period of 3 seconds prior to an
electronic cross execution. The exposure period allows an opportunity
for OTP Holders and OTP Firms to trade against the Exposed Order.
---------------------------------------------------------------------------

    \5\ See NYSE Arca Rule 6.76(c)(1)(D), which defines ``Exposed
Order'' as follows: ``The buy or sell side of a Cross Order that has
been designated by a NYSE Arca Broker as the side to be exposed to
the market and that is eligible for execution against all trading
interest. Public Customer orders will always be deemed to be the
Exposed Order in a Cross Order. In the case of a Cross Order
involving a non-customer on both the buy side and sell side, the
NYSE Arca Broker must designate one side of the Cross Order as the
Exposed Order.''
---------------------------------------------------------------------------

    When NYSE Arca Rule 6.76(c)(2), governing the Crossing Mechanism,
was approved by the Commission as part of SR-PCX-2002-36,\6\ the rule
called for a 30-second exposure period. At the time the rule was
approved, PCX Plus was not applicable to all issues traded on the
Exchange and not all OTP Holders and OTP Firms were utilizing fully
electronic trading systems. It was felt that a 30-second exposure
period was needed in order to allow an opportunity for all market
participants to enter orders.
---------------------------------------------------------------------------

    \6\ See Securities Exchange Act Release No. 47838 (May 13,
2003), 68 FR 27129 (May 19, 2003).
---------------------------------------------------------------------------

    Once PCX Plus was fully phased in Exchange-wide, with all issues
trading on the System, and once all market participants became
electronically connected to the System, it was felt that a 30-second
exposure period was no longer necessary to insure adequate exposure of
orders. Since the full implementation of the all-electronic PCX Plus
System, the Exchange has on two previous occasions filed with the
Commission to amend Rule 6.76(c) in order to reduce the exposure period
contained in the Crossing Mechanism. The most recent change established
the present 3-second exposure period.\7\
---------------------------------------------------------------------------

    \7\ See Securities Exchange Act Release Nos. 52814 (November 21,
2005), 70 FR 71591 (November 29, 2005) (order approving a 10-second
exposure period in the Crossing Mechanism) and 53384 (February 27,
2006), 71 FR 11280 (March 6, 2006) (order approving a 3-second
exposure period in the Crossing Mechanism) (``PCX Plus 3-Second
Approval Order'').
---------------------------------------------------------------------------

    To be consistent with exposure periods included in the rules
governing the Crossing Mechanism, the Exchange now proposes to shorten
the time that a Broker must wait prior to executing as principal orders
he or she represents as agent from 30 seconds to 3 seconds. Under the
present rules, the Broker that enters an agency order into the PCX Plus
System must wait 30 seconds before entering a principal order to
execute against the agency order. All other OTP Holders and OTP Firms
are given an opportunity to respond to the original order during this
period.\8\ Since the intent of the original 30-second time period in
NYSE Arca Rule 6.76(c)(3)(B)(i) was to prevent circumvention of the 30-
second exposure period in the Crossing Mechanism rules, and since the
Crossing Mechanism now contains a 3-second exposure period, the
Exchange believes that customer orders may be

subject to unwarranted delays if Brokers must wait 30 seconds to
execute as principal an order they represent as agent. Even if agency
orders are subjected to a 3-second exposure period, the Exchange
asserts that OTP Holders and OTP Firms will still have adequate time to
respond to the agency order prior to the Broker entering an order as
principal.
---------------------------------------------------------------------------

    \8\ Telephone Conversation of April 4, 2006.
---------------------------------------------------------------------------

    The Exchange notes that the proposed rule change is virtually the
same as a rule change the Chicago Board of Options Exchange (``CBOE'')
proposed in SR-CBOE-2006-09.\9\ In that filing, the CBOE proposed a
change to the Interpretations and Policies subsection of CBOE Rules
6.45A and 6.45B, so that the rules would read: ``Order entry firms may
not execute as principal against orders they represent as agent unless:
(i) Agency orders are first exposed on the Hybrid System for at least
three (3) seconds * * *.''
---------------------------------------------------------------------------

    \9\ See Securities Exchange Act Release No. 53278 (February 13,
2006), 71 FR 9184 (February 22, 2006). The Commission notes that
since the time NYSE Arca filed the instant proposal, the Commission
approved SR-CBOE-2006-09. See Securities Exchange Act Release No.
53567 (March 29, 2006), 71 FR 17529 (April 6, 2006) (``CBOE Approval
Order'').
---------------------------------------------------------------------------

    According to the Exchange, Brokers will be able to provide timelier
executions for their customers' orders once the time period that the
Broker must wait prior to executing as principal orders they represent
as agent is reduced from 30 seconds down to 3 seconds. Timely
executions are consistent with the principles under which the PCX Plus
system was developed.
2. Statutory Basis
    The Exchange notes that the basis under the Act for this proposed
rule change is the requirement under section 6(b)(5) \10\ that an
exchange have rules that are designed to foster cooperation and
coordination with persons engaged in regulating, clearing, settling,
processing information with respect to, and facilitating transactions
in securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system, and, in general, to
protect investors and the public interest. The Exchange asserts that
the proposed rule change will provide investors with more timely
execution of their options orders, while ensuring that there is an
adequate exposure of all orders in the NYSE Arca marketplace.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

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

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

    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. Solicitation of Comments

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

Electronic Comments

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

File Number SR-NYSEArca-2006-01 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-NYSEArca-2006-01. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments,

all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room. 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-NYSEArca-2006-01 and should be submitted on or before
May 4, 2006.

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

    After careful consideration, the Commission finds that the proposed
rule change is consistent with the requirements of section 6(b) of the
Act \11\ and the rules and regulations thereunder applicable to a
national securities exchange,\12\ and in particular with section
6(b)(5) of the Act.\13\ The Commission believes that the proposal,
which reduces the time that a Broker that enters an agency order into
PCX Plus must wait before entering a principal order to execute against
the agency order to 3 seconds, is consistent with the exposure period
recently approved by the Commission for the Crossing Mechanism,\14\ and
with rules the Commission has approved at other exchanges.\15\ The
Commission believes that in an electronic environment like that of PCX
Plus, in which market participants utilize trading systems that monitor
updates to the market and can automatically respond based on pre-set
parameters, an exposure period of 3 seconds for orders entered into the
System provides participants an adequate opportunity to compete for
those orders.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78f(b).
    \12\ In approving this proposal, the Commission has considered
the proposed rule's impact on efficiency, competition, and capital
formation. See 15 U.S.C. 78c(f).
    \13\ 15 U.S.C. 78f(b)(5).
    \14\ See PCX Plus 3-Second Approval Order.
    \15\ See, e.g., CBOE Approval Order.
---------------------------------------------------------------------------

    The Exchange has requested accelerated approval of the proposed
rule change. The Commission finds good cause, pursuant to section
19(b)(2) of the Act,\16\ for approving the proposed rule change prior
to the thirtieth day after the date of publication of the notice of
filing in the Federal Register so as not to delay implementation of a
rule that establishes a consistent exposure period for orders in PCX
Plus. The Commission notes that the Exchange's proposal is
substantially similar to a rule the Commission

recently approved for another exchange.\17\
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78s(b)(2).
    \17\ See CBOE Approval Order.
---------------------------------------------------------------------------

V. Conclusion

    It is therefore ordered, pursuant to section 19(b)(2) of the
Act,\18\ that the proposed rule change (SR-NYSEArca-2006-01) is hereby
approved on an accelerated basis.
---------------------------------------------------------------------------

    \18\ 15 U.S.C. 78s(b)(2).
    \19\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\19\
J. Lynn Taylor,
Assistant Secretary.
 [FR Doc. E6-5485 Filed 4-12-06; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 84, Number 56 (Friday, March 22, 2019)]
[Notices]
[Page 10819]
[FR Doc No: 2019-05482]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. AC19-75-000]

Duke Energy Corporation; Notice of Filing

    Take notice that on March 13, 2019, Duke Energy Corporation filed a
request for approval to treat its Cybersecurity Informational
Technology-Operational Technology Program as a single project for
purposes of in service and accrual of Allowance for Funds Used During
Construction.
    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.
    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 5 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 website that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comments: 5:00 p.m. Eastern Time on April 2, 2019.

    Dated: March 15, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2019-05482 Filed 3-21-19; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 92 (Thursday, May 12, 2016)]
[Notices]
[Pages 29611-29612]
[FR Doc No: 2016-11216]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2016-0046]

Petition for Waiver of Compliance

    In accordance with part 211 of title 49 Code of Federal Regulations
(CFR), this document provides the public notice that by a document
dated April 28, 2016, Union Railroad (UR) petitioned the Federal
Railroad Administration (FRA) for renewal of a waiver of compliance
from certain provisions of the Federal railroad safety regulations
contained at 49 CFR part 229--Railroad Locomotive Safety Standards.
This regulatory relief was initially granted by FRA in 1980 and is due
to expire in 2017 under the ``sunset clause'' added to 49 CFR 229.19--
Prior waivers, in 2012. This relief was formerly handled under Docket
Number LI-80-24; however FRA has updated the docket numbering system
and assigned this petition Docket Number FRA-2016-0046.
    The waiver in Docket Number LI-80-24 granted UR relief from the
requirement of 49 CFR 229.123--Pilots, snowplows, end plates, that
locomotives be equipped with a pilot, snowplow, or end plate extending
across both rails for 121 locomotives, 32 of which remain in service.
These locomotives are not equipped with a pilot, snowplow, or end plate
but have hose boxes or brackets above the rails with open space
between. UR states that these locomotives operate over yard and
mainline track, within and between three steel mills. The total track
length of UR is 20 miles, with three public grade crossings (two with
gates and flashers, one with flashers only) and trains are limited to
20 mph. UR reports that there have been no known safety-related
incidents or operating difficulties associated with this waiver.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov and in person at the U.S. Department of
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey
Avenue SE., W12-140, Washington, DC 20590. The Docket Operations
Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except
Federal Holidays.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment, they should notify FRA, in
writing, before the end of the comment period and specify the basis for
their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
     Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received by June 27, 2016 will be considered by FRA
before final action is taken. Comments received after that date will be
considered as far as practicable.
    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the

name of the individual submitting the comment (or signing the document,
if submitted on behalf of an association, business, labor union, etc.).
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its processes. 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.
See also http://www.regulations.gov/#!privacyNotice for the privacy
notice of regulations.gov.

Robert C. Lauby,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2016-11216 Filed 5-11-16; 8:45 am]
 BILLING CODE 4910-06-P