[Federal Register: May 30, 2006 (Volume 71, Number 103)]
[Notices]
[Page 30701]
[DOCID:fr30my06-103]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act; Meeting

Federal Register Citation of Previous Announcement: [71 FR 28892, May
18, 2006]

Status: Closed Meeting.

Place: 100 F Street, NE., Washington, DC.

Date and Time of Previously Announced Meeting: Thursday, May 25, 2006
at 2 p.m.

Change in the Meeting: Additional Item and Time Change.
    The Closed Meeting scheduled for Thursday, May 25, 2006 at 2 p.m.
has been changed to Thursday, May 25, 2006 at 1 p.m. with the following
item being added: Congressional request for non-public documents.
    The General Counsel of the Commission, or his designee, has
certified that, in his opinion, one or more of the exemptions set forth
in 5 U.S.C. 552(b)(c)(2), (6) and (7) and 17 CFR 200.402(a)(2), (6) and
(7) permit consideration of the scheduled matter at the Closed Meeting.
    Commissioner Atkins, as duty officer, determined that Commission
business required the above change and that no earlier notice thereof
was possible.
    At times, changes in Commission priorities require alterations in
the scheduling of meeting items. For further information and to
ascertain what, if any, matters have been added, deleted or postponed,
please contact the Office of the Secretary at<PHONE_NUMBER>.

    Dated: May 24, 2006.
Nancy M. Morris,
Secretary.
[FR Doc. 06-4955 Filed 5-25-06; 10:46 am]

BILLING CODE 8010-01-P


[Federal Register Volume 80, Number 95 (Monday, May 18, 2015)]
[Notices]
[Pages 28262-28263]
[FR Doc No: 2015-11924]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

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

    Docket Numbers: EC15-70-000.
    Applicants: Utah Red Hills Renewable Park, LLC.
    Description: Clarification to February 6, 2015 Application for
Authorization for Disposition of Jurisdictional Facilities and Requests
for Waivers and Confidential Treatment of Utah Red Hills Renewable
Park, LLC.
    Filed Date: 5/12/15.
    Accession Number: 20150512-5089.
    Comments Due: 5 p.m. ET 5/22/15.

    Docket Numbers: EC15-137-000.

    Applicants: ALLETE Clean Energy, Inc., MWW Holdings, LLC,AES
Armenia Mountain Wind, LLC.
    Description: Joint Application for FPA Section 203 Authorization
and Request for Expedited Consideration, Confidential Treatment, and
Waivers of AES Armenia Mountain Wind, LLC, ALLETE Clean Energy, Inc.,
and MWW Holdings, LLC.
    Filed Date: 5/11/15.
    Accession Number: 20150511-5236.
    Comments Due: 5 p.m. ET 6/1/15

    Docket Numbers: EC15-138-000.
    Applicants: DTE Electric Company, DTE East China, LLC.
    Description: Application for Disposition of Jurisdictional
Facilities, Request for Confidential Treatment, and Request for
Expedited Consideration of DTE Electric Company, et al.
    Filed Date: 5/11/15.
    Accession Number: 20150511-5220.
    Comments Due: 5 p.m. ET 6/1/15.

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

    Docket Numbers: ER13-83-008.
    Applicants: Duke Energy Progress, Inc., Duke Energy Carolinas, LLC.
    Description: Compliance filing per 35: SERTP Fourth Regional
Compliance Filing to be effective 6/1/2014.
    Filed Date: 5/12/15.
    Accession Number: 20150512-5054.
    Comments Due: 5 p.m. ET 6/2/15.

    Docket Numbers: ER13-897-005.
    Applicants: Louisville Gas and Electric Company.
    Description: Compliance filing per 35: Order No. 1000 SERTP
Regional Compliance Filing to be effective 6/1/2014.
    Filed Date: 5/12/15.
    Accession Number: 20150512-5133.
    Comments Due: 5 p.m. ET 6/2/15.

    Docket Numbers: ER13-908-005.
    Applicants: Alabama Power Company.
    Description: Compliance filing per 35: Order No. 1000 Fourth
Regional Compliance Filing to be effective 6/1/2014.
    Filed Date: 5/12/15.
    Accession Number: 20150512-5090.
    Comments Due: 5 p.m. ET 6/2/15.

    Docket Numbers: ER15-1516-000.
    Applicants: AES WR Limited Partnership.
    Description: Baseline eTariff Filing per 35.1: AES WR Rate Schedule
1 Filing to be effective 6/15/2015.
    Filed Date: 4/15/15.
    Accession Number: 20150415-5300.
    Comments Due: 5 p.m. ET 5/22/15.

    Docket Numbers: ER15-1562-001.
    Applicants: PJM Interconnection, L.L.C.
    Description: Tariff Amendment per 35.17(b): Errata Filing to
Resubmit Original Service Agreement No. 4127 to be effective 12/31/
9998.
    Filed Date: 5/11/15.
    Accession Number: 20150511-5116.
    Comments Due: 5 p.m. ET 6/1/15.

    Docket Numbers: ER15-1692-000.
    Applicants: AEP Texas Central Company.
    Description: AEP Texas Central Company submits letter notifying
FERC of the Notice of Cancellation of FERC Rate Schedule No. 70 with
the City of Robstown, Texas.
    Filed Date: 5/11/15.
    Accession Number: 20150511-0003.
    Comments Due: 5 p.m. ET 6/1/15.

    Docket Numbers: ER15-1693-000.
    Applicants: AEP Texas North Company.
    Description: AEP Texas North Company submits letter notifying FERC
of the Notice of Cancellation of FERC WTU Tariff No. 1 SA No. 17 with
the City of Brady, Texas.
    Filed Date: 5/11/15.
    Accession Number: 20150511-0002.
    Comments Due: 5 p.m. ET 6/1/15.

    Docket Numbers: ER15-1695-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii): 2015-
05-12_SA 2693 NSP-Black Oak Wind 2nd Rev GIA (G858/H071) to be
effective 5/13/2015.
    Filed Date: 5/12/15.
    Accession Number: 20150512-5092.
    Comments Due: 5 p.m. ET 6/2/15.

    Docket Numbers: ER15-1696-000.
    Applicants: Pacific Gas and Electric Company.
    Description: Notice of Termination of Large Generator
Interconnection Agreement, Service Agreement No. 136 under Tariff
Volume No. 5 of Pacific Gas and Electric Company.
    Filed Date: 5/12/15.
    Accession Number: 20150512-5098.
    Comments Due: 5 p.m. ET 6/2/15.

    Docket Numbers: ER15-1697-000.
    Applicants: Ohio Valley Electric Corporation.
    Description: Compliance filing per 35: Order 1000 Reginal
Compliance Filing Transmission Planning Process to be effective 6/1/
2015.
    Filed Date: 5/12/15.
    Accession Number: 20150512-5126.
    Comments Due: 5 p.m. ET 6/2/15.

    Docket Numbers: ER15-1698-000.
    Applicants: Southern California Edison Company.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii): GIA and
DSA for SunEdison Quarry Street Project to be effective 7/12/2015.
    Filed Date: 5/12/15.
    Accession Number: 20150512-5144.
    Comments Due: 5 p.m. ET 6/2/15.

    Docket Numbers: ER15-1699-000.
    Applicants: Southern California Edison Company.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii): Service
Agreement for Wholesale Distribution Service to be effective 7/12/2015.
    Filed Date: 5/12/15.
    Accession Number: 20150512-5146.
    Comments Due: 5 p.m. ET 6/2/15.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: May 12, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015-11924 Filed 5-15-15; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 141 (Thursday, July 23, 2015)]
[Proposed Rules]
[Page 43662]
[FR Doc No: 2015-17851]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2010-0460; A-1-FRL-9930-93-Region 1]

Approval and Promulgation of Air Quality Implementation Plans;
Rhode Island; Control of Volatile Organic Compounds from Adhesives and
Sealants

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a State Implementation Plan (SIP) revision submitted by the
State of Rhode Island. This revision includes a regulation adopted by
Rhode Island that establishes and requires Reasonably Available Control
Technology (RACT) for volatile organic compound (VOC) sources of
emissions from miscellaneous adhesives and sealants. The intended
effect of this action is to propose to approve Rhode Island's Air
Pollution Control Regulation No. 44, ``Control of Volatile Organic
Compounds from Adhesives and Sealants,'' into the Rhode Island SIP.
This action is being taken in accordance with the Clean Air Act.

DATES: Written comments must be received on or before August 24, 2015.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2010-0460 by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. Email<EMAIL_ADDRESS>Fax:<PHONE_NUMBER>.
    3. Mail: EPA-R01-OAR-2010-0460, Anne Arnold, U.S. Environmental
Protection Agency, EPA New England Regional Office, 5 Post Office
Square--Suite 100, (Mail code OEP05-2), Boston, MA 02109-3912. Hand
Delivery or Courier. Deliver your comments to: Anne Arnold, Manager,
Air Quality Planning Unit, Office of Ecosystem Protection, U.S.
Environmental Protection Agency, EPA New England Regional Office, 5
Post Office Square--Suite 100, (Mail code OEP05-2), Boston, MA 02109-
3912. Such deliveries are only accepted during the Regional Office's
normal hours of operation. The Regional Office's official hours of
business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding
legal holidays.
    Please see the direct final rule which is located in the Rules
Section of this Federal Register for detailed instructions on how to
submit comments.

FOR FURTHER INFORMATION CONTACT: David Mackintosh, Air Quality Unit,
U.S. Environmental Protection Agency, EPA New England Regional Office,
5 Post Office Square--Suite 100, (Mail code OEP05-2), Boston, MA 02109-
3912, telephone number<PHONE_NUMBER>, fax number<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In the Rules and Regulations section of this
Federal Register, EPA is approving the State's SIP submittal as a
direct final rule without prior proposal because the Agency views this
as a noncontroversial submittal and anticipates no adverse comments. A
detailed rationale for the approval is set forth in the direct final
rule. If no adverse comments are received in response to the rule, no
further activity is contemplated. If EPA receives adverse comments, the
direct final rule will be withdrawn and all public comments received
will be addressed in a subsequent final rule based on this proposed
rule. EPA will not institute a second comment period. Any parties
interested in commenting on this action should do so at this time.
Please note that if EPA receives adverse comment on an amendment,
paragraph, or section of the rule and if that provision may be severed
from the remainder of the rule, EPA may adopt as final those provisions
of the rule that are not the subject of an adverse comment.
    For additional information, see the direct final rule which is
located in the Rules and Regulations section of this Federal Register.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.

    Dated: June 18, 2015.
H. Curtis Spalding,
Regional Administrator, EPA New England.
[FR Doc. 2015-17851 Filed 7-22-15; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 224 (Tuesday, November 20, 2018)]
[Notices]
[Pages 58637-58640]
[FR Doc No: 2018-25235]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84583; File No. SR-NYSE-2018-53]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Amending Its Price List as to Certain Credits Applicable to
Supplemental Liquidity Providers

November 14, 2018.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on October 31, 2018, New York Stock Exchange LLC (``NYSE''
or the ``Exchange'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I,
II, and III below, which Items have been prepared by the self-
regulatory organization. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend its Price List to modify (1) the
incremental step up tier for Supplemental Liquidity Providers
(``SLPs''), and (2) the ADV and quoting requirements for SLP Tier 1
rates for displayed and non-displayed orders in securities traded
pursuant to Unlisted Trading Privileges (``UTP'') (Tapes B and C). The
Exchange proposes to implement these changes to its Price List
effective November 1, 2018. The proposed rule change is available on
the Exchange's website at www.nyse.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend its Price List to modify (1) the
incremental SLP step up tier, and (2) the ADV and quoting requirements
for SLP Tier 1 rates for displayed and non-displayed orders in UTP
securities.
    The Exchange proposes to implement these changes to its Price List
effective November 1, 2018.
Incremental SLP Step Up Tier
    The Exchange currently provides a credit of $0.0002 to a SLP in
addition to the SLP's tiered or non-tiered credit for adding displayed
liquidity provided that such combined credits do not exceed $0.0031 per
share, if the SLP (1) meets the 10% average or more quoting requirement
in an assigned security pursuant to Rule 107B (quotes of an SLP-Prop
and an SLMM of the same member organization shall not be aggregated)
(the ``Quoting Requirement''), and (2) adds liquidity for all assigned
SLP securities in the aggregate (including shares of both an SLP-Prop
and an SLMM of the same or an affiliated member organization) of an
average daily trading volume (``ADV'') \4\ of more than 0.15% of NYSE
consolidated average daily volume (``CADV'') in the billing month over
the SLP's adding liquidity for all assigned SLP securities in the
aggregate (including shares of both an SLP-Prop and an SLMM of the same
or an affiliated member organization) as a percent of NYSE CADV in the
second quarter of 2018.
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    \4\ Footnote 2 to the Price List defines ADV as ``average daily
volume''. The Exchange is not proposing to change this definition.
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    The Exchange proposes to modify the Incremental SLP Step Up Tier to
provide additional ways that SLPs

adding different amounts of displayed liquidity to the Exchange can
qualify for a credit.
    Specifically, the Exchange would provide an incremental credit of
$0.0001 to SLPs that (1) meet the Quoting Requirement, and (2) add
liquidity for all assigned SLP securities in the aggregate (including
shares of both an SLP-Prop and an SLMM of the same or an affiliated
member organization) of an ADV of more than 0.10% of NYSE CADV in the
billing month over the SLP's adding liquidity for all assigned SLP
securities in the aggregate (including shares of both an SLP-Prop and
an SLMM of the same or an affiliated member organization) as a percent
of NYSE CADV in the second quarter of 2018.
    Alternatively, the Exchange would continue provide an incremental
credit of $0.0002 to SLPs that (1) meet the Quoting Requirement, and
(2) add liquidity for all assigned SLP securities in the aggregate
(including shares of both an SLP-Prop and an SLMM of the same or an
affiliated member organization) of an ADV of more than 0.15% of NYSE
CADV in the billing month over the SLP's adding liquidity for all
assigned SLP securities in the aggregate (including shares of both an
SLP-Prop and an SLMM of the same or an affiliated member organization)
as a percent of NYSE CADV in the second quarter of 2018.
    Finally, the Exchange would provide an incremental credit of
$0.0003 to SLPs that (1) meet the Quoting Requirement, and (2) add
liquidity for all assigned SLP securities in the aggregate (including
shares of both an SLP-Prop and an SLMM of the same or an affiliated
member organization) of an ADV of more than 0.25% of NYSE CADV in the
billing month over the SLP's adding liquidity for all assigned SLP
securities in the aggregate (including shares of both an SLP-Prop and
an SLMM of the same or an affiliated member organization) as a percent
of NYSE CADV in the second quarter of 2018.
    The Exchange proposes that SLPs could only qualify for one of the
three proposed credits in a billing month. Further, the combined SLP
credits cannot exceed $0.0032 per share in a billing month.
    For example, assume a SLP adds liquidity of 0.50% in the second
quarter of 2018 (the ``Baseline''), which would qualify them for the
SLP Tier 2 adding credit of $0.0026 per share based on the SLP Tier 2
adding requirement of 0.45%. If that SLP adds liquidity in the billing
month of:
     More than 0.60%, or 0.10% above the Baseline, that SLP
would qualify for the Incremental Step Up credit of $0.0001 in addition
to the SLP Tier 1A credit of $0.00275 based on the SLP Tier 1A
requirement of 0.60%, for a combined SLP credit of $0.00285 in that
billing month.
     more than 0.65%, or 0.15% above the Baseline, that SLP
would qualify for the Incremental Step Up credit of $0.0002 in addition
to the SLP Tier 1A credit of $0.00275 based on the SLP Tier 1A
requirement of 0.60%, for a combined SLP credit of $0.00295 in that
billing month.
     more than 0.75%, or 0.25% above the Baseline, that SLP
would qualify for the Incremental Step Up credit of $0.0003 in addition
to the SLP Tier 1A credit of $0.00275 based on the SLP Tier 1A
requirement of 0.60%, for a combined SLP credit of $0.00305 in that
billing month. Further assume that same SLP adds liquidity in UTP
Securities of at least 0.30% of Tape B and Tape C CADV combined, which
would receive an additional $0.0001 per share. That same SLP would then
qualify for a combined credit of $0.00315 ($0.00275 Tier 1A credit plus
the $0.0003 Incremental Step Up credit plus the $0.0001 credit from
Tape B and C SLP Adding).
    If an SLP qualified for the SLP Tier 1 credit of $0.0029 plus the
Incremental Step Up Credit of $0.0003 and an additional credit of
$0.0001 for adding liquidity in UTP Securities of at least 0.30% of
Tape B and Tape C CADV combined, or $0.0033 in total, that SLP credit
would be limited to a total credit of $0.0032 per share.
Quoting and Adding Requirements for SLP Tiered Credits
    Currently, the Exchange offers tiered rates for displayed and non-
displayed orders by SLPs that add liquidity to the Exchange in UTP
Securities priced at or above $1.00. Specifically, Tier 1 provides a
$0.0032 per share credit per tape in an assigned UTP Security for SLPs
adding displayed liquidity to the Exchange if the SLP (1) adds
liquidity for all assigned UTP Securities in the aggregate of an CADV
of at least 0.10% per tape, and (2) meets the 10% average or more
quoting requirement in 500 or more assigned UTP Securities in Tapes B
and C combined pursuant to Rule 107B, and (3) meets the 10% average or
more quoting requirement in an assigned UTP Security pursuant to Rule
107B.
    The Exchange proposes to modify the adding liquidity requirement to
require the SLP to add liquidity for all assigned UTP Securities in the
aggregate of an CADV of at least 0.10% for Tape B and 0.075%for Tape C.
In addition, the Exchange proposes to require SLPs to meets the 10%
average or more quoting requirement in 400 or more assigned UTP
Securities in Tapes B and C combined pursuant to Rule 107B.
    The remaining requirements and credits for qualifying for Tier 1
would remain unchanged.
* * * * *
    The proposed changes are not otherwise intended to address any
other issues, and the Exchange is not aware of any problems that member
organizations would have in complying with the proposed change.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\5\ in general, and furthers the
objectives of Sections 6(b)(4) and 6(b)(5) of the Act,\6\ in
particular, because it provides for the equitable allocation of
reasonable dues, fees, and other charges among its members, issuers and
other persons using its facilities and does not unfairly discriminate
between customers, issuers, brokers or dealers.
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    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(4) & (5).
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Incremental SLP Step Up Tier
    The Exchange believes that the proposal to modify the Incremental
SLP Step Up Tier to provide additional ways that SLPs adding different
amounts of displayed liquidity to the Exchange can qualify for a credit
is reasonable because it provides existing SLPs (including SLPs that
are also DMMs) with added incentive to bring additional order flow to a
public market. In particular, the Exchange believes that the new tiered
rates will provide additional incentives for more active SLPs to add
liquidity to the Exchange, to the benefit of the investing public and
all market participants. Moreover, offering additional credits, up to a
$0.0032 per share maximum, in addition to the SLP's tiered or non-
tiered credit for adding displayed liquidity for SLPS that add
liquidity for all assigned SLP securities in the aggregate (including
shares of both an SLP-Prop and an SLMM of the same or an affiliated
member organization) of an ADV of more than 0.10%, 0.15% or 0.25% of
NYSE CADV over that SLPs' second quarter of 2018 adding liquidity and
that meet the SLP quoting requirements would provide incentives for
less active SLPs to add displayed liquidity in order to meet the SLP
quoting requirements, thereby contributing to additional levels

of displayed liquidity and quoting on a public exchange, which benefits
all market participants. The Exchange also believes the new tiered
rates, combined with higher credits from existing tiers such as the SLP
Step Up Tier and credits for SLPs that are in their first two calendar
months as an SLP, will also encourage member organizations that are not
currently SLPs to participate in the SLP program. The Exchange also
believes it is reasonable to raise the limit on combined SLP credits
from $0.0031 to $0.0032 per share in a billing month as the Incremental
SLP Step Up Tier now offers a higher credit of $0.0001 over the current
Incremental SLP Step Up Tier credit.
    Finally, the Exchange believes that the proposed tier modifications
are equitable and not unfairly discriminatory because they would apply
equally to all SLPs that would submit additional adding liquidity to
the Exchange in order to qualify for the additional credits.
Quoting and Adding Requirements for SLP Tiered Credits
    The Exchange believes that retaining a 0.10% adding liquidity
requirement for SLP Provide Tier 1 for Tape B securities and lowering
it slightly to 0.075% for Tape C securities is reasonable, equitable
and not unfairly discriminatory because the proposed requirements will
encourage the SLPs to add liquidity to the market in Tape C securities,
thereby providing customers with a higher quality venue for price
discovery, liquidity, competitive quotes and price improvement.
    The Exchange also believes that lowering the requirements for
adding and quoting will encourage participation from a greater number
of current and new SLPs which would promote additional liquidity in
Tape C securities. Further, the Exchange believes that it reasonable,
equitable and not unfairly discriminatory to lower the adding
requirements for SLP Provide Tier 1 in Tape C securities while keeping
the adding requirements for SLP Provider Tier 1 in Tape B securities
unchanged as the Exchange's market share in Tape C securities is
relatively lower than in Tape B securities.
    For the same reasons, the Exchange believes that lowering the SLP
Provide Tier 1 quoting requirement to 400 or more assigned UTP
securities in Tapes B and C combined pursuant to Rule 107B is
reasonable, equitable and not unfairly discriminatory as it will
encourage additional SLPs to qualify for the higher Tier 1 SLP credit.
    Finally, the Exchange believes that it is subject to significant
competitive forces, as described below in the Exchange's statement
regarding the burden on competition.
    For the foregoing reasons, the Exchange believes that the proposal
is consistent with the Act.

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

    In accordance with Section 6(b)(8) of the Act,\7\ the Exchange
believes that the proposed rule change would not impose any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Act. Instead, the Exchange believes that the proposed
change would foster liquidity provision and stability in the
marketplace, thereby promoting price discovery and transparency and
enhancing order execution opportunities for member organizations. In
this regard, the Exchange believes that the transparency and
competitiveness of attracting additional executions on an exchange
market would encourage competition. The Exchange also believes that the
proposed rule change is designed to provide the public and investors
with a Price List that is clear and consistent, thereby reducing
burdens on the marketplace and facilitating investor protection.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

    Finally, the Exchange notes that it operates in a highly
competitive market in which market participants can readily favor
competing venues if they deem fee levels at a particular venue to be
excessive or rebate opportunities available at other venues to be more
favorable. In such an environment, the Exchange must continually adjust
its fees and rebates to remain competitive with other exchanges and
with alternative trading systems that have been exempted from
compliance with the statutory standards applicable to exchanges.
Because competitors are free to modify their own fees and credits in
response, and because market participants may readily adjust their
order routing practices, the Exchange believes that the degree to which
fee changes in this market may impose any burden on competition is
extremely limited. As a result of all of these considerations, the
Exchange does not believe that the proposed changes will impair the
ability of member organizations or competing order execution venues to
maintain their competitive standing in the financial markets.

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

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

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

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \8\ of the Act and subparagraph (f)(2) of Rule 19b-
4 \9\ thereunder, because it establishes a due, fee, or other charge
imposed by the Exchange.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \10\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-NYSE-2018-53 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSE-2018-53. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (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 website
viewing and printing in the Commission's Public Reference Room, 100 F
Street NE, Washington, DC 20549 on official business days between the
hours of 10:00 a.m. and 3:00 p.m. Copies of the filing also will be
available for inspection and copying at the principal office of the
Exchange. All comments received will be posted without change. Persons
submitting comments are cautioned that we do not redact or edit
personal identifying information from comment submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSE-2018-53 and should be
submitted on or before December 11, 2018.
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-25235 Filed 11-19-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 98 (Monday, May 21, 2018)]
[Rules and Regulations]
[Pages 23366-23367]
[FR Doc No: 2018-10771]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2018-0384]
RIN 1625-AA00

Safety Zone; St. Clair Shores Fireworks, Lake St. Clair, St.
Clair Shores, MI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters within a 700-foot radius of a portion of Lake St.
Clair, St. Clair Shores, MI. This zone is necessary to protect
spectators and vessels from potential hazards associated with the St.
Clair Shores Fireworks.

DATES: This temporary final rule is effective from 10 p.m. on June 22,
2018 through 11 p.m. on June 23, 2018.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0384 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or email Tracy Girard, Prevention Department,
Sector Detroit, Coast Guard; telephone<PHONE_NUMBER>, or email
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Detroit
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b) (B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because doing so would be impracticable. The
Coast Guard did not receive the final details of this fireworks display
in time to publish an NPRM. As such, it is impracticable to publish an
NPRM because we lack sufficient time to provide a reasonable comment
period and then consider those comments before issuing the rule.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port Detroit (COTP) has determined that
potential hazard associated with fireworks from 10 p.m. on June 22,
2018 through 11 p.m. on June 23, 2018 will be a safety concern to
anyone within a 700-foot radius of the launch site. This rule is needed
to protect personnel, vessels, and the marine environment in the
navigable waters within the safety zone while the fireworks are being
displayed.

IV. Discussion of the Rule

    This rule establishes a safety zone from 10 p.m. on June 22, 2018
through 11 p.m. on June 23, 2018. The safety zone will encompass all
U.S. navigable waters of Lake St. Clair, St. Clair Shores, MI, within a
700-foot radius of position 42[deg] 31.6' N, 082[deg]52.03' W (NAD 83).
No vessel or person will be permitted to enter the safety zone without
obtaining permission from the COTP or a designated representative.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size,
location, duration, and time-of-year of the safety zone. Vessel traffic
will be able to safely transit around this safety zone which will
impact a small designated area of Lake St. Clair 10 p.m. on June 22,
2018 through 11 p.m. on June 23, 2018. Moreover, the Coast Guard will
issue Broadcast Notice to Mariners (BNM) via VHF-FM marine channel 16
about the zone and the rule allows vessels to seek permission to enter
the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under
the

Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Commandant Instruction M16475.1D, which guide the
Coast Guard in complying with the National Environmental Policy Act of
1969 (42 U.S.C. 4321-4370f), and have determined that this action is
one of a category of actions that do not individually or cumulatively
have a significant effect on the human environment. This rule involves
a safety zone lasting one hour that will prohibit entry into a
designated area. It is categorically excluded from further review under
paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-
01-001-01, Rev. 01. A Record of Environmental Consideration supporting
this determination is available in the docket where indicated under
ADDRESSES.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.

0
2. Add Sec.  165.T09-0384 to read as follows:

Sec.  165.T09-0384   Safety Zone; St. Clair Shores Fireworks, Lake St.
Clair, St. Clair Shores, MI.

    (a) Location. A safety zone is established to include all U.S.
navigable waters of Lake St. Clair, St. Clair Shores, MI, within a 700-
foot radius of position 42[deg]31.6' N, 082[deg]52.03' W (NAD 83).
    (b) Enforcement period. The regulated area described in paragraph
(a) will be enforced from 10 p.m. until 11 p.m. on June 22, 2018. In
the case of inclement weather on June 22, 2018, this safety zone will
be enforced from 10 p.m. to 11 p.m. on June 23, 2018.
    (c) Regulations. (1) No vessel or person may enter, transit
through, or anchor within the safety zone unless authorized by the
Captain of the Port Detroit (COTP), or his on-scene representative.
    (2) The safety zone is closed to all vessel traffic, except as may
be permitted by the COTP or his on-scene representative.
    (3) The ``on-scene representative'' of COTP is any Coast Guard
commissioned, warrant or petty officer or a Federal, State, or local
law enforcement officer designated by or assisting the Captain of the
Port Detroit to act on his behalf.
    (4) Vessel operators shall contact the COTP or his on-scene
representative to obtain permission to enter or operate within the
safety zone. The COTP or his on-scene representative may be contacted
via VHF Channel 16 or at<PHONE_NUMBER>. Vessel operators given
permission to enter or operate in the regulated area must comply with
all directions given to them by the COTP or his on-scene
representative.

    Dated: May 3, 2018.
Jeffrey W. Novak,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2018-10771 Filed 5-18-18; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 76, Number 24 (Friday, February 4, 2011)]
[Proposed Rules]
[Pages 6380-6381]
[FR Doc No: C1-2010-31151]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket ID FEMA-2010-0003; Internal Agency Docket No. FEMA-B-1167]

Proposed Flood Elevation Determinations

Correction

    In proposed rule document 2010-31151 beginning on page 77598 in the
issue of Monday, December 13, 2010, make the following correction:

Sec.  67.4  [Corrected]

    On page 77599, in Sec.  67.4, in the table St. Charles County,
Missouri, and Incorporated Areas, the 12th and 13th entries are
corrected to read as set forth below:

----------------------------------------------------------------------------------------------------------------
                                                                  * Elevation in feet
                                                                 (NGVD) + Elevation in
                                                                 feet (NAVD)
                                       Location of referenced     Depth in feet above
         Flooding source(s)                 elevation **       ground [caret] Elevation    Communities affected
                                                                    in meters (MSL)
                                                              --------------------------
                                                                Effective     Modified
----------------------------------------------------------------------------------------------------------------
                              St. Charles County, Missouri, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
Lake Sainte Louise..................  Entire shoreline within         None         +546  City of Lake St. Louis.
                                       community.
Little Dardenne Creek...............  At the confluence with          +553         +554  Unincorporated Areas of
                                       Dardenne Creek.                                    St. Charles County.
                                      Approximately 0.9 mile          None         +719
                                       upstream of Morrison
                                       Lane.
----------------------------------------------------------------------------------------------------------------

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

[FR Doc. C1-2010-31151 Filed 2-3-11; 8:45 am]
BILLING CODE 1505-01-D


[Federal Register Volume 78, Number 183 (Friday, September 20, 2013)]
[Rules and Regulations]
[Page 57799]
[FR Doc No: 2013-22851]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1990-0010; FRL-9901-15-Region 9]

National Oil and Hazardous Substances Pollution Contingency Plan
National Priorities List

AGENCY: Environmental Protection Agency (EPA).

ACTION: Withdrawal of direct final rule.

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

SUMMARY: On July 24, 2013, EPA published a Notice of Intent to Delete
and a direct final Notice of Deletion for the Sola Optical U.S.A., Inc.
Superfund Site from the National Priorities List. The EPA is
withdrawing the Final Notice of Deletion due to adverse comments that
were received during the public comment period. After consideration of
the comments received, if appropriate, EPA will publish a Notice of
Deletion in the Federal Register based on the parallel Notice of Intent
to Delete and place a copy of the final deletion package, including a
Responsiveness Summary, if prepared, in the Site repositories.

DATES: This withdrawal of the direct final action published July 24,
2013 (78 FR 44455), is effective as of September 20, 2013.

ADDRESSES: Information Repositories: Comprehensive information on the
Site, as well as the comments that we received during the comment
period, are available in docket [EPA-HQ-SFUND-1990-0010], accessed
through the http://www.regulations.gov Web site. Although listed in the
docket index, some information is not publicly available, e.g., CBI or
other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, will be publicly
available only in hard copy. Publicly available docket materials are
available either electronically in http://www.regulations.gov or in
hard copy at:
Superfund Records Center, 95 Hawthorne St., Room 403, Mail Stop SFD-7C,
San Francisco, CA 94105,<PHONE_NUMBER>, Mon-Fri: 8:00 a.m. to 5:00
p.m.
Petaluma Public Library, 100 Fairgrounds Drive, Petaluma CA 94952,
(707) 763-9801, Mon, Thurs, Fri, Sat: 10:00 a.m. to 6:00 p.m., Tues,
Wed: 10:00 a.m. to 9:00 p.m.

FOR FURTHER INFORMATION CONTACT: Dante Rodriguez, Remedial Project
Manager, U.S. Environmental Protection Agency, Region 9, SFD-8-2, 75
Hawthorne Street, San Francisco, CA 94105,<PHONE_NUMBER>, email:
<EMAIL_ADDRESS>
List of Subjects in 40 CFR Part 300

    Environmental protection, Air pollution control, Chemicals,
Hazardous waste, Hazardous substances, Intergovernmental relations,
Penalties, Reporting and recordkeeping requirements, Superfund, Water
pollution control, Water supply.

    Authority:  33 U.S.C. 1321(c)(2); 42 U.S.C. 9601-9657; E.O.
12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR
2923; 3 CFR, 1987 Comp., p. 193.

    Dated: September 12, 2013.
Jared Blumenfeld,
Regional Administrator, Region 9.
    Accordingly, the amendment to Table 1 of Appendix B to CFR Part 300
to remove the entry ``Sola Optical U.S.A., Inc.'', ``Petaluma,
California'' is withdrawn as of September 20, 2013.

[FR Doc. 2013-22851 Filed 9-19-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 156 (Monday, August 15, 2022)]
[Proposed Rules]
[Pages 50009-50011]
[FR Doc No: 2022-17159]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-1052; Project Identifier MCAI-2022-00654-T]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain Airbus SAS Model A350-941 airplanes. This proposed AD was
prompted by a report that the path for the grounding wire of the engine
fire shut off valve (FSOV) is routed through the wing trailing edge,
which is not the shortest path available. This proposed AD would
require modifying the wiring between the inboard fixed leading edge in
the wing and in the forward cargo compartment on the left- and right-
hand sides, as specified in a European Union Aviation Safety Agency
(EASA) AD, which is proposed for incorporation by reference. The FAA is
proposing this AD to address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by September
29, 2022.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to www.regulations.gov.
Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For material that will be incorporated by reference (IBR) in this
AD, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany;
telephone +49 221 8999 000; email [email protected]; internet
www.easa.europa.eu. You may find this material on the EASA website at
https://ad.easa.europa.eu. You may view this material at the FAA,
Airworthiness Products Section, Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>. It is also available in the AD
docket at www.regulations.gov by searching for and locating Docket No.
FAA-2022-1052.

Examining the AD Docket

    You may examine the AD docket at www.regulations.gov by searching
for and locating Docket No. FAA-2022-1052; or in person at Docket
Operations between 9 a.m. and 5 p.m., Monday through Friday, except
Federal holidays. The AD docket contains this NPRM, the mandatory
continuing airworthiness information (MCAI), any comments received, and
other information. The street address for Docket Operations is listed
above.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, Large
Aircraft Section, FAA, International Validation Branch, 2200 South
216th St., Des Moines, WA 98198; telephone<PHONE_NUMBER>; email
[email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2022-1052; Project Identifier
MCAI-2022-00654-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
www.regulations.gov, including any personal information you provide.
The agency will also post a report summarizing each substantive verbal
contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to Dan
Rodina, Aerospace Engineer, Large Aircraft Section, FAA, International
Validation Branch, 2200 South 216th St., Des Moines, WA 98198;
telephone<PHONE_NUMBER>; email [email protected]. Any commentary that
the FAA receives which is not specifically designated as CBI will be
placed in the public docket for this rulemaking.

Background

    EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2022-0088, dated May 17, 2022 (EASA
AD 2022-0088) (also referred to as the MCAI), to correct an unsafe
condition for certain Airbus SAS Model A350-941 airplanes.
    This proposed AD was prompted by a report that the path for the
grounding wire of the engine FSOV is routed through the wing trailing
edge, which is not the shortest path available. This proposed AD
introduces a new engine FSOV grounding wire routed through the leading
edge route, which will require formerly installed cables on the wing
trailing edge to be disconnected at the equipment side. By introducing
the new route that is the shortest available path, the engine FSOV
grounding wire will have improved protection from an uncontained engine
rotor failure. The FAA is proposing this AD to address an increased
possibility of an engine FSOV unavailability in the event of an
uncontained engine rotor failure, which could result in an uncontrolled
engine fire. See the MCAI for additional background information.

Related Service Information Under 1 CFR Part 51

    EASA AD 2022-0088 specifies procedures for modifying the wiring
between the inboard fixed leading edge in the wing and in the forward
cargo compartment on the left- and right-hand sides. This material is
reasonably available because the interested parties have access to it
through their normal course of business or by the means identified in
the ADDRESSES section.

FAA's Determination

    This product has been approved by the aviation authority of another
country and is approved for operation in the United States. Pursuant to
the FAA's bilateral agreement with the State of Design Authority, it
has notified the FAA of the unsafe condition described in the MCAI
referenced above. The FAA is issuing this NPRM after determining that
the unsafe condition described previously is likely to exist or develop
in other products of the same type design.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified
in EASA AD 2022-0088 described previously, except for any differences
identified as exceptions in the regulatory text of this proposed AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA developed a process to use some civil aviation
authority (CAA) ADs as the primary source of information for compliance
with requirements for corresponding FAA ADs. The FAA has been
coordinating this process with manufacturers and CAAs. As a result, the
FAA proposes to incorporate EASA AD 2022-0088 by reference in the FAA
final rule. This proposed AD would, therefore, require compliance with
EASA AD 2022-0088 in its entirety through that incorporation, except
for any differences identified as exceptions in the regulatory text of
this proposed AD. Using common terms that are the same as the heading
of a particular section in EASA AD 2022-0088 does not mean that
operators need comply only with that section. For example, where the AD
requirement refers to ``all required actions and compliance times,''
compliance with this AD requirement is not limited to the section
titled ``Required Action(s) and Compliance Time(s)'' in EASA AD 2022-
0088. Service information required by EASA AD 2022-0088 for compliance
will be available at www.regulations.gov by searching for and locating
Docket No. FAA-2022-1052 after the FAA final rule is published.

Costs of Compliance

    The FAA estimates that this proposed AD would affect 30 airplanes
of U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
33 work-hours x $85 per hour = $2,805........................          $1,300           $4,105         $123,150
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some or all of the costs of this
proposed AD may be covered under warranty, thereby reducing the cost
impact on affected individuals. The FAA does not control warranty
coverage for affected individuals. As a result, the FAA has included
all known costs in the cost estimate.

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.
    The FAA is 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

    The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

Airbus SAS: Docket No. FAA-2022-1052; Project Identifier MCAI-2022-
00654-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by September 29, 2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Airbus SAS Model A350-941 airplanes,
certificated in any category, as identified in European Union
Aviation Safety Agency (EASA) AD 2022-

0088, dated May 17, 2022 (EASA AD 2022-0088).

(d) Subject

    Air Transport Association (ATA) of America Code 29, Hydraulic
power.

(e) Unsafe Condition

    This AD was prompted by a report that the path for the grounding
wire of the engine fire shut off valve (FSOV) is routed through the
wing trailing edge, which is not the shortest path available. The
FAA is issuing this AD to address an increased possibility of an
engine FSOV unavailability in the event of an uncontained engine
rotor failure, which could result in an uncontrolled engine fire.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, EASA AD 2022-0088.

(h) Exceptions to EASA AD 2022-0088

    (1) Where EASA AD 2022-0088 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2022-0088 does not apply
to this AD.

(i) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
Large Aircraft Section, International Validation Branch, FAA, has
the authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or responsible Flight
Standards Office, as appropriate. If sending information directly to
the Large Aircraft Section, International Validation Branch, send it
to the attention of the person identified in paragraph (j)(2) of
this AD. Information may be emailed to: [email protected].
Before using any approved AMOC, notify your appropriate principal
inspector, or lacking a principal inspector, the manager of the
responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, Large Aircraft
Section, International Validation Branch, FAA; or EASA; or Airbus
SAS Model's EASA Design Organization Approval (DOA). If approved by
the DOA, the approval must include the DOA-authorized signature.
    (3) Required for Compliance (RC): Except as required by
paragraph (i)(2) of this AD, if any service information contains
procedures or tests that are identified as RC, those procedures and
tests must be done to comply with this AD; any procedures or tests
that are not identified as RC are recommended. Those procedures and
tests that are not identified as RC may be deviated from using
accepted methods in accordance with the operator's maintenance or
inspection program without obtaining approval of an AMOC, provided
the procedures and tests identified as RC can be done and the
airplane can be put back in an airworthy condition. Any
substitutions or changes to procedures or tests identified as RC
require approval of an AMOC.

(j) Related Information

    (1) For EASA AD 2022-0088, contact EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; telephone +49 221 8999 000; email
[email protected]; internet www.easa.europa.eu. You may find this
EASA AD on the EASA website at https://ad.easa.europa.eu. You may
view this material at the FAA, Airworthiness Products Section,
Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call
206-231-3195. This material may be found in the AD docket at
www.regulations.gov by searching for and locating Docket No. FAA-
2022-1052.
    (2) For more information about this AD, contact Dan Rodina,
Aerospace Engineer, Large Aircraft Section, FAA, International
Validation Branch, 2200 South 216th St., Des Moines, WA 98198;
telephone<PHONE_NUMBER>; email [email protected].

    Issued on August 5, 2022.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2022-17159 Filed 8-12-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 227 (Monday, November 25, 2013)]
[Notices]
[Page 70368]
[FR Doc No: 2013-28310]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meeting

    Notice is hereby given, pursuant to the provisions of the
Government in the Sunshine Act, Public Law 94-409, that the Securities
and Exchange Commission will hold a roundtable about proxy advisory
firms on December 5, 2013 from 9:30 a.m. to 1:30 p.m.
    The roundtable panel will be asked to discuss topics including the
current state of proxy advisory firm use by investment advisers and
institutional investors and potential changes that have been suggested
by market participants. Panelists will also be invited to discuss any
new ideas.
    The roundtable discussion will be held at SEC headquarters at 100 F
Street NE in Washington, DC The roundtable will be webcast on the
Commission's Web site at www.sec.gov and will be archived for later
viewing. Seating for the public will be available.
    For further information, please contact the Office of the Secretary
at<PHONE_NUMBER>.

    Dated: November 21, 2013.
Elizabeth M. Murphym
Secretary.
[FR Doc. 2013-28310 Filed 11-21-13; 4:15 pm]
BILLING CODE 8011-01-P


                 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                            WASHINGTON D.C., 20460

                                                      OFFICE OF CHEMICAL SAFETY
                                                       AND POLLUTION PREVENTION

	PC Code:  044309
	DP Barcode:  D395349

MEMORANDUM	October 22, 2012

SUBJECT:	Drinking Water Exposure Assessment in Support of the Proposed IR-4 New Uses of Clothianidin on Strawberry, Citrus Fruit Group, and Pistachio

TO:	Sydney Jackson, Risk Manager Reviewer
	Barbara Madden, Risk Manager (RM05)
	Registration Division (7505P)
          AND
               Marianne Lewis, Risk Manager Reviewer
	Venus Eagle, Risk Manager (RM01)
	Registration Division (7505P)

FROM:	Reuben Baris, Environmental Scientist
	Environmental Risk Branch 6
	Environmental Fate and Effects Division (7507P)

	Mark Corbin, Chief
	Environmental Risk Branch 6
	Environmental Fate and Effects Division (7507P)

This memorandum summarizes the Environmental Fate and Effects Division's (EFED) assessment of drinking water exposure resulting from the proposed new uses on strawberry, citrus, and pistachio supported by the Interregional Research Project No. 4 (IR-4).

The previously registered use of clothianidin as a seed treatment for rice resulted in an estimated drinking water exposure concentration of 72 ppb. The assessed application rate was equivalent to 0.084 lb a.i./A (USEPA, 2012; DP 393235, 393972). This value is greater than the estimated drinking water concentrations (EDWCs) resulting from the proposed uses on strawberries, citrus, and pistachios (the current action). Therefore EFED recommends the use of the Tier I rice value of 72 ppb in the Health Effects Division (HED) dietary risk assessment. Table I compares the Tier I rice EDWCs to EDWCs resulting from the proposed uses.

Table 1.  Tier I EDWCs for drinking water exposure assessment based on the proposed clothianidin uses on strawberries, citrus, and pistachios compared to the previously registered rice EDWC.
Use
Model
                         Application rate, lbs a.i./A
                              (# of applications)
                                      PCA
                                     Acute
                                    Chronic
Surface water drinking water sources, downstream of rice paddy (0.084 lb a.i./A)
Tier I Rice Model (v1.0)
                                     0.084
                                      (1)
                                      --
                                    72 ppb
                                  <72 ppb
Maximum aerial application rate for proposed new uses (strawberry, citrus, pistachio)
FIRST
                                      0.1
                                      (1)
                                     0.87
                                      8.1
                                      2.6
Maximum soil application rate for proposed new uses (strawberry, citrus, pistachio)
FIRST
                                      0.2
                                      (1)

                                     16.1
                                      5.2

References:

USEPA. 2012. Tier I Drinking Water Exposure Assessment for the Section 3 New Uses of Clothianidin on Rice and Leafy Vegetables. Memorandum from Reuben Baris to Michael Doherty, dated Spetember 15, 2011. DP barcodes: 393235, 393972. United States Environmental Protection Agency, Office of Chemical Safety and Pollution Prevention, Washington, DC.


[Federal Register: October 23, 2006 (Volume 71, Number 204)]
[Notices]
[Page 62103-62104]
[DOCID:fr23oc06-41]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. ER06-878-000, ER06-878-001, ER06-879-000, ER06-879-001]

 MMC Chula Vista LLC, MMC Escondido LLC; Notice of Issuance of
Order

October 16, 2006.
    MMC Chula Vista LLC (Chula Vista) and MMC Escondido LLC (Escondido)
filed an application for market-based rate authority, with an
accompanying tariff. The proposed market-based rate tariff provide for
the sale of energy,

capacity and ancillary services at market-based rates. Chula Vista and
Escondido also requested waivers of various Commission regulations. In
particular, Chula Vista and Escondido requested that the Commission
grant blanket approval under 18 CFR Part 34 of all future issuances of
securities and assumptions of liability by Chula Vista and Escondido.
    On June 13, 2006, pursuant to delegated authority, the Director,
Division of Tariffs and Market Development--West, granted the request
for blanket approval under Part 34. The Director's order also stated
that the Commission would publish a separate notice in the Federal
Register establishing a period of time for the filing of protests.
Accordingly, any person desiring to be heard or to protest the blanket
approvals of issuances of securities or assumptions of liability by
Chula Vista and Escondido should file a motion to intervene or protest
with the Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426, in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure. 18 CFR 385.211, 385.214
(2004).
    Notice is hereby given that the deadline for filing motions to
intervene or protest is November 15, 2006.
    Absent a request to be heard in opposition by the deadline above,
Chula Vista and Escondido are authorized to issue securities and assume
obligations or liabilities as a guarantor, indorser, surety, or
otherwise in respect of any security of another person; provided that
such issuance or assumption is for some lawful object within the
corporate purposes of Chula Vista and Escondido, compatible with the
public interest, and is reasonably necessary or appropriate for such
purposes.
    The Commission reserves the right to require a further showing that
neither public nor private interests will be adversely affected by
continued approvals of Chula Vista's and Escondido's issuance of
securities or assumptions of liability.
    Copies of the full text of the Director's Order are available from
the Commission's Public Reference Room, 888 First Street, NE.,
Washington, DC 20426. The Order may also be viewed on the Commission's
Web site at http://www.ferc.gov, using the eLibrary link. Enter the

docket number excluding the last three digits in the docket number
filed to access the document. Comments, protests, and interventions may
be filed electronically via the internet in lieu of paper. See, 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. The Commission strongly encourages
electronic filings.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-17636 Filed 10-20-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 237 (Tuesday, December 10, 2013)]
[Notices]
[Pages 74128-74129]
[FR Doc No: 2013-29454]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9903-97-Region-5]

Proposed CERCLA Administrative Cost Recovery Settlement; Cadie
Auto Salvage Site, Belvidere, Boone County, Illinois

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; request for public comment.

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

SUMMARY: In accordance with the Comprehensive Environmental Response,
Compensation, and Liability Act, as amended (``CERCLA''), notice is
hereby given of a proposed administrative settlement for recovery of
past response costs concerning the Cadie Auto Salvage Site in
Belvidere, Boone County, Illinois with the following settling parties:
UOP, LLC; Allied Chemical Corporation; Honeywell International, Inc.;
S.J. Smith Company Inc.; United States Department of Energy/Argonne
National Laboratory; United States Department of Energy/Sandia National
Laboratories; United States Department of Energy/Mound Facility; and
Defense Logistics Agency. The settlement requires the non-owner
Settling Parties to pay a total of $85,898, plus any interest accrued
between the date of receipt of notice by the Settling Parties that EPA
has signed the CERCLA Settlement Agreement (Agreement) and the
Effective Date of the Agreement, to the Hazardous Substance Superfund
through an escrow account to be established by the Settling Party. The
settlement includes a covenant not to sue the Settling Parties pursuant
to Section 107(a) of CERCLA, and contribution protection for the
Settling Parties. For thirty (30) days following the date of
publication of this notice, the Agency will receive written comments
relating to the settlement. The Agency will consider all comments
received and may modify or withdraw its consent to the settlement if
comments received disclose facts or considerations which indicate that
the settlement is inappropriate, improper, or inadequate. The Agency's
response to any comments received will be available for public
inspection at the EPA, Region 5, Records Center, 77 W. Jackson Blvd.,
7th Fl., and Chicago, Illinois 60604.

DATES: Comments must be submitted on or before January 9, 2014.

ADDRESSES: The proposed settlement is available for public inspection
at the EPA, Region 5, Records Center, 77 W. Jackson Blvd., 7th Fl.,
Chicago, Illinois 60604. A copy of the proposed

settlement may be obtained from Peter Felitti, Assoc. Regional Counsel,
EPA, Office of Regional Counsel, Region 5, 77 W. Jackson Blvd., mail
code: C-14J, Chicago, Illinois 60604. Comments should reference the
Cadie Auto Salvage Site, Belvidere, Boone County, Illinois and EPA
Docket No. and should be addressed to Peter Felitti, Assoc. Regional
Counsel, EPA, Office of Regional Counsel, Region 5, 77 W. Jackson
Blvd., mail code: C-14J, Chicago, Illinois 60604.

FOR FURTHER INFORMATION CONTACT: Peter Felitti, Assoc. Regional
Counsel, EPA, Office of Regional Counsel, Region 5, 77 W. Jackson
Blvd., mail code: C-14J, Chicago, Illinois 60604.

SUPPLEMENTARY INFORMATION: The Cadie Auto Salvage Superfund Site is
located in Belvidere, Boone County, Illinois. After EPA received a
request from the Illinois Environmental Protection Agency, U.S. EPA
conducted an assessment of the Site and conducted a removal action. A
total of 248 compressed gas cylinders on the Site were shipped off site
for disposal as well as approximately 733 gallons of flammable liquids,
two oz. of metallic mercury, ten tons of empty drums, eight tons of
non-hazardous soil, 18 tons of hazardous soil, and fifty cans of waste
aerosols. The work was completed on December 1, 2010. U.S. EPA issued a
General Notice Letter to the Settling Parties in June 2011. Between
June 2011 and August 2013, EPA and the Settling Parties negotiated the
present proposed Administrative Settlement.

    Dated: November 21, 2013.
Richard C. Karl,
Director, Superfund Division.
[FR Doc. 2013-29454 Filed 12-9-13; 8:45 am]
BILLING CODE 6560-50-P


Wood Heaters NSPS  -  Draft Technical Support Document - by EPA/OAQPS technical staff
                        March 6, 2020

An Assessment of Impacts of Not Including a Sell-Through for Wood Heating Devices
      This document is a qualitative discussion of impacts to the wood heating devices manufacturing industry resulting from compliance with Step 2 of the residential wood heaters New Source Performance Standards (NSPS), which was finalized by EPA in March 2015.  The EPA proposed a sell-through for hydronic heaters and forced-air furnaces in November 2018.  The EPA does not intend to promulgate a sell-through in the final rule based on reasons presented in the preamble and Response to Comment (RTC) document for this action.
      Some manufacturers and retailers believe a sell-through of Step 1 compliant units is necessary in order to avoid stranded assets, recoup costs of developing Step 2 compliant units, and clear space for Step 2 compliant units.  The EPA proposed allowing the sell-through of Step 1 compliant units for two years beyond the compliance date of May 15, 2020, for hydronic heaters and forced air furnaces and requested comment on a similar sell-through for wood stoves.  Manufacturers and retailers have argued in comments on the proposed rule that the current Step 2 compliance date of May 15, 2020 and existing market conditions do not allow them to have the sales needed to adequately fund development and building of Step 2 compliant units.  For more details on these comments, please refer to the RTC document for this final action.
      The EPA notes that recent information from a relatively large number of wood heater manufacturers appears to show that this manufacturing industry may largely be able to bear the impacts from Step 2 compliance.  An article in the Hearth and Home magazine, a major source of information on manufacturers and retailers of wood heating devices, from November 25, 2019 presents the results from interviews with officials from several different manufacturers, who commented not only on their situation but also those of the retailers who market their products.  Officials with 11 manufacturers answered questions from Hearth and Home, with three of these producing fireplaces.  Sales for the 2019-2020 selling season were expected to be "good," and were better than expected due to concerns about how successful retailers would be in selling Step 1 compliant products (or, "pre-2020" products).   Sales for the 2018-2019 selling season were expected to be below normal given the coming compliance date for the NSPS, but most manufacturers were surprised by the level of sales.  Few expressed concerns that they would be in a poor position during this selling season.
      As part of their argument for a sell-through, retailers have indicated, separately or as part of comments by the Hearth, Patio & Barbecue Association (HPBA), that it is not unusual to have wood heating devices on their floors for 1 to 2 years, or even longer.  The retailers did not make a firm connection in these comments on the proposal between this "stranded inventory" and the impacts of the NSPS, whether those impacts are from compliance with the NSPS or relief if a sell-through takes place.  In fact, stranded inventory may be a normal part of their business circumstances.  A comment by HPBA in 2014 on the proposed NSPS, which is attached to the comments HPBA offered on the sell-through proposal, includes a report done for HPBA by Charles Page in which surveyed retailers presented information showing that as much as 25% of wood stoves in retail stores may stay on the floor for more than 1 year.  The results included in this report for HPBA reflect sales for the 2013-2014 selling season.  With a selling season for these retailers running typically from October to March, this selling season includes several months of activity prior to the proposal of the NSPS (February 2014).  Thus, this survey data provides information that preceded the final rule and any implementation (even for Step 1 compliant units) of the NSPS.  One can reasonably interpret this information as reflecting a state of retail without impact from the NSPS.  Given that such stranded inventory is a normal part of business circumstances, and with no firm connection provided on the impact of compliance with the NSPS on stranded inventory, one cannot determine from data provided by retailers and manufacturers on the proposed sell-through that this stranded inventory will increase due to the Step 2 compliance requirement.
      Finally, a number of manufacturers expressed concerns about the potential for consolidation in their industry if firms are unable to produce or sell Step 2 compliant units.  In the Hearth and Home article mentioned earlier in this document, Blaze King's president mentioned concerns that the high costs of manufacturing Step 2 compliant units (or "2020 units") may reduce the number of manufacturers in the industry.  Jotul North America's president also expressed the possibility of consolidation in this industry as a result of Step 2 compliance.  None of those interviewed, however, provided any indication of the amount of consolidation that could take place.  No commenter on the November 2018 proposal provided such information, either.
      Given that the great majority of the manufacturers subject to this NSPS will be small (perhaps as many as 90%) according to Small Business Administration (SBA) size standards, as shown in the 2015 Residential Wood Heaters NSPS RIA, such concerns are not unlikely.  Certainly, manufacturers may reduce their number of model lines if they face large costs from building Step 2 compliant units.  However, it is not a certainty that a lack of sell-through for Step 1 compliant units necessarily will lead to consolidation or reduction in the number of manufacturers and retailers.  Consolidation of companies is a common part of the life cycle of many industries, even including the effect of regulation.  The effect of different factors, including regulation, may lead to mergers of several individual firms through "horizontal consolidation".  In addition, an increasing amount of economic literature concludes that concentration of firms in U.S manufacturing industries has been rising since 2000.  A paper by Grullion, Larkin, and Michely shows that the Herfindahl-Hirshmman index (HHI), a standard metric by which to estimate firm concentration within manufacturing industries, has increased in 80% of the industries reviewed since 2000, with a median increase of 41% and a mean increase of 90%.
      Thus, while there is a possibility that firms in the wood heating devices industry may consolidate as a reaction to Step 2 compliance, this possibility should be weighed against the continuing and long-term trend toward consolidation in U.S. manufacturing industries as a whole.  In addition, the commenters' positions on the impact of Step 2 compliance are not supported by relevant data, and in fact run counter to recent public statements by the business leaders of several manufacturers.  The potential impact of Step 2 compliance, and thus the impact to manufacturers and retailers from having or not having a sell-through, should be considered carefully against the information and discussion included in this document.