[Federal Register: September 6, 2007 (Volume 72, Number 172)]
[Notices]
[Page 51285-51287]
[DOCID:fr06se07-111]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-56332; File No. SR-NYSE-2007-76]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing of Proposed Rule Change Relating To Requirements for
Listing of Commodity-Linked Securities and Currency-Linked Securities

August 29, 2007.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on August 22, 2007, the New York Stock Exchange LLC (``NYSE'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been substantially prepared by the
Exchange. The Commission is publishing this notice to solicit comments
on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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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 Section 703.22 of the NYSE Listed
Company Manual (the ``Manual''), which permits the listing of
commodity-linked securities (``Commodity-Linked Securities'') and
currency-linked securities (``Currency-Linked Securities''), among
other securities. The text of the proposed rule change is available at
NYSE, the Commission's Public Reference Room, and http://www.nyse.com.

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

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

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

1. Purpose
    The Exchange proposes to amend Section 703.22(B)(II)(1)(b) and
Section 703.22(B)(III)(1)(b) of the Manual to permit the listing and
trading of Commodity-Linked Securities and Currency-Linked Securities,
respectively, where the underlying Commodity Reference Asset \3\ or
Currency Reference Asset,\4\ as the case may be, may include components
representing not more than 10% of the dollar weight of such Commodity
Reference Asset or Currency Reference Asset, for which the pricing
information is derived from markets which do not meet the general
requirements of the respective rule, as described below. In addition,
the Exchange proposes that no single component of a Commodity Reference
Asset or Currency Reference Asset, as the case may be, subject to the
foregoing proposed exception may exceed 7% of the dollar weight of such
Commodity Reference Asset or Currency Reference Asset.
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    \3\ Commodity Reference Asset is defined as one or more physical
commodities or commodity futures, options or other commodity
derivatives or Commodity Trust Shares (as defined in NYSE Rule
1300B) or a basket or index of any of the foregoing. See Section
703.22 of the Manual.
    \4\ Currency Reference Asset is defined as one or more
currencies, options or currency futures or other currency
derivatives or Currency Trust Shares (as defined in NYSE Rule 1300A)
or a basket or index of any of the foregoing. See id.
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    Under Section 703.22(B)(II)(1) of the Manual, an issuance of
Commodity-Linked Securities currently cannot be listed unless either:
     The Commodity Reference Asset to which the security is
linked shall have been reviewed and approved for the trading of
Commodity Trust Shares or options or other derivatives by the
Commission under Section 19(b)(2) \5\ of the Act and rules thereunder
and the conditions set forth in the Commission's approval order,
including with respect to comprehensive surveillance sharing agreements
(``CSSAs''), continue to be satisfied; or
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    \5\ 15 U.S.C. 78s(b)(2).
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     The pricing information for each component of a Commodity
Reference Asset is derived from a market which is an Intermarket
Surveillance Group (``ISG'') member or affiliate or with which the
Exchange has a CSSA. Notwithstanding the previous sentence, pricing
information for gold and silver may be derived from the London Bullion
Market Association.
    Similarly, under Section 703.22(B)(III)(1) of the Manual, an
issuance of Currency-Linked Securities currently cannot be listed
unless either:
     The Currency Reference Asset to which the security is
linked shall have been reviewed and approved for the trading of
Currency Trust Shares or options or other derivatives by the Commission
under Section 19(b)(2) of the Act and rules thereunder and the
conditions set forth in the Commission's approval order, including with
respect to CSSAs, continue to be satisfied; or
     The pricing information for each component of a Currency
Reference Asset must be (1) the generally accepted spot price for the
currency exchange rate in question or (2) derived from a market which
is (a) an ISG member or affiliate or with which the Exchange has a CSSA
and (b) the pricing source for components of a Currency Reference Asset
that has previously been approved by the Commission.
    The Exchange proposes to amend the requirements as to the source of
pricing information for components of Commodity-Linked Securities and
Currency-Linked Securities so as to permit the listing of such
securities where a maximum of 10% of the dollar weight of the Commodity
Reference Asset or Currency Reference Asset, as the case may be, is
made up of components that do not meet the respective general pricing
information requirements. In addition, the Exchange proposes that no
single component subject to the proposed exception may exceed 7% of the
dollar weight of the Commodity Reference Asset or Currency Reference
Asset, as the case may be.
    The Exchange states that many commodity and currency markets are
not members or affiliates of ISG, and the Exchange frequently
experiences difficulty entering into CSSAs with such markets. The
Exchange believes that its surveillance procedures are not materially
hampered as long as it has access to trading information of underlying
components that constitute

at least 90% of the dollar weight of the Commodity Reference Asset or
Currency Reference Asset, as the case may be, and so long as the
remaining 10% of the dollar weight of the Commodity Reference Asset or
Currency Reference Asset, as the case may be, is comprised of more than
one component. In addition, with respect to Currency-Linked Securities,
the Exchange believes that the fact that the pricing information of a
Currency Reference Asset is not based on the generally accepted spot
price for the relevant currency or the Commission has not approved a
particular market as a pricing source for components of a Currency
Reference Asset does not constitute a material risk to investors where
the pricing information for at least 90% of the dollar weight of the
Currency Reference Asset is either based on the generally accepted spot
price or derived from Commission-approved markets.\6\
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    \6\ E-mail from John Carey, Assistant General Counsel, NYSE
Euronext, to Edward Cho, Special Counsel, Division of Market
Regulation, Commission, dated August 27, 2007 (confirming the basis
of the proposal with respect to Currency-Linked Securities).
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    The Exchange believes that the proposed amendment would provide the
Exchange with greater flexibility to list securities under Section
703.22 of the Manual that are linked to a broader range of underlying
assets, thereby providing issuers with a faster and less cumbersome
means of listing new Commodity-Linked Securities and Currency-Linked
Securities and benefiting the investing public. The Exchange notes that
the Commission has previously approved similar approaches to the
instant proposal, including another provision in Section 703.22 of the
Manual permitting the listing of Equity Index-Linked Securities,\7\
where the underlying equity index may include foreign country
securities or foreign country securities underlying American Depositary
Receipts having their primary trading market outside the United States
on foreign trading markets that are not members or affiliates of ISG or
parties to CSSAs with the Exchange, as long as such securities do not,
in the aggregate, represent more than 20% of the dollar weight of such
underlying index.\8\
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    \7\ Equity Index-Linked Securities are defined as securities
that provide for the payment at maturity of a cash amount based on
the performance of an underlying index or indexes of equity
securities. See Section 703.22 of the Manual.
    \8\ See Section 703.22(B)(I)(2)(vii) of the Manual. See also
Securities Exchange Act Release Nos. 55687 (May 1, 2007), 72 FR
25824 (May 7, 2007) (SR-NYSE-2007-27) (approving the generic listing
and trading standards for Index-Linked Securities, including Equity
Index-Linked Securities); and 54013 (June 16, 2006), 71 FR 36372
(June 26, 2006) (SR-NYSE-2006-17) (approving the listing and trading
of shares of the iShares GSCI Commodity Indexed Trust and providing
that if a new component is added to the underlying index that
constitutes more than 10% of the overall weight of the index and
with whose principal trading market the Exchange does not have a
comprehensive surveillance sharing agreement, the Exchange would
seek to delist such shares).
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\9\ in general, and furthers the
objectives of Section 6(b)(5) of the Act,\10\ in particular, in that it
is designed to promote just and equitable principles of trade, 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.
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    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

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

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

    The Exchange has neither solicited nor received written comments on
the proposed rule change.

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

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the Exchange consents, the Commission will:
    (A) by order approve such proposed rule change, or
    (B) institute proceedings to determine whether the proposed rule
change should be disapproved.
    The Exchange has requested accelerated approval of this proposed
rule change prior to the 30th day after the date of publication of the
notice of the filing thereof. The Commission is considering granting
accelerated approval of the proposed rule change at the end of a 15-day
comment period.

IV. Solicitation of Comments

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

Electronic Comments

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

File Number SR-NYSE-2007-76 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSE-2007-76. 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, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 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; 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-NYSE-2007-76 and should be
submitted on or before September 21, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\11\
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    \11\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E7-17543 Filed 9-5-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: December 7, 2006 (Volume 71, Number 235)]
[Notices]
[Page 71012-71013]
[DOCID:fr07de06-105]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54847; File No. SR-NYSE-2006-97]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing of Proposed Rule Change to NYSE Rule 342.30

 November 30, 2006.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (``Act''),\2\ and Rule 19b-4 thereunder, notice is hereby given
that on October 26, 2006, the New York Stock Exchange LLC (``NYSE'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed amendments to its Rule 342.30, as
described in Items I, II and III 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.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The NYSE is filing with the Commission a proposed rule change that
would amend Rule 342.30 (``Annual Report and Certification'') to
require submission of the process report prepared in connection with
the Chief Executive Officer (``CEO'') certification, as required under
Rule 342.30(e)(iii), to the Board of Directors and Audit Committee (if
such committee exists) of the member organization on or before April
1st of each year.

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 the proposed rule change is available on the NYSE's Web site
(http://www.NYSE.com), at the NYSE's principal office, and at the Commission's

Public Reference Room. 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 Exchange is filing with the Commission a proposed rule change
that would amend Rule 342.30 to require that the report required
pursuant to Rule 342.30(e)(iii) (herein referred to as the ``process
report'') in connection with a member organization's CEO certification
be submitted to the member organization's board of directors and audit
committee (if such committee exists) on or before April 1st of each
year. The purpose of the rule change is to better harmonize the
requirements of Rule 342.30 with those of NYSE Rule 354 (``Reports to
Control Persons'').

Background

Rule 342.30

    Rule 342.30 requires each member organization to file with the
Exchange, by April 1st of each year, a report (the ``Annual Report'')
outlining its supervision and compliance efforts in prescribed
regulatory areas during the preceding year and assessing the adequacy
of its ongoing compliance processes and procedures. The Annual Report
submitted to the Exchange is also required to include, pursuant to Rule
342.30(e), a certification by the CEO of each member organization
confirming that the member organization has in place processes to:
    (A) Establish and maintain policies and procedures reasonably
designed to achieve compliance with applicable Exchange rules and
federal securities laws and regulations;
    (B) Modify such policies and procedures as business, regulatory and
legislative changes and events dictate; and
    (C) Test the effectiveness of such policies and procedures on a
periodic basis, the timing and extent of which is reasonably designed
to ensure continuing compliance with Exchange and federal securities
laws and regulations.
    Subsection (e)(iii) of Rule 342.30 requires that the above-stated
processes be evidenced in a process report that is to be reviewed by
the CEO, the Chief Compliance Officer, and such other officers as the
organization may deem necessary to make the certification. Subsection
(e)(iii) also requires that the process report be submitted to the
member organization's board of directors and audit committee (if such
committee exists), although the timing of such submission is not
explicitly stated. The Exchange has, heretofore by interpretation,
required such submission prior to CEO certification.

Rule 354

    Subsection (a) of Rule 354 requires, in relevant part, that each
member organization submit, by April 1st of each year, a copy of the
Rule 342.30 Annual Report (also due to the Exchange by April 1st) to
one or more of its control persons or, if the member organization has
no control person, to the audit committee of its board of directors or
its equivalent committee or group.
    In order to better harmonize the process report submission
requirements of Rule 342.30(e)(iii) with the Annual Report submission
requirements of Rule 354(a), it is proposed that Rule 342.30(e)(iii) be
amended to require each member organization to submit the process
report to its board of directors and audit committee (if such committee
exists) on or before April 1st of each year, consistent with the timing
requirements of Rule 354(a) with respect to submission of the Annual
Report. This would promote timely submission of the process report to
the board of directors and audit committee, while serving the practical
purpose of allowing member organizations to submit it together with the
Annual Report so that it may be reviewed as a single comprehensive
package.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b)(5) \3\ of the Act which requires NYSE to have rules
that are designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to remove
impediments to, and perfect the mechanism of a free and open market
and, in general, to protect investors and the public interest. In this
regard, the proposed rule change promotes timely submission of
substantive regulatory material to member organizations' governing
bodies by better coordinating the requirements of Rule 342.30(e)(iii)
(Process Report) and Rule 354(a) (Submission of Annual Report to
Control Persons).
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    \3\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

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

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

    The Exchange has neither solicited nor received written comments on
the proposed rule change.

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

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    a. By order approve the proposed rule change, or
    b. Institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

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

File Number SR-NYSE-2006-97 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-NYSE-2006-97. 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 NYSE. 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-NYSE-2006-97 and should be submitted on or before
December 28, 2006.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\4\
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    \4\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
 [FR Doc. E6-20733 Filed 12-6-06; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 214 (Monday, November 5, 2012)]
[Notices]
[Pages 66501-66502]
[FR Doc No: 2012-26914]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2012-0106; Notice 1]

General Motors, LLC, Receipt of Petition for Decision of
Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Receipt of Petition.

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SUMMARY: General Motors, LLC \1\ (GM) has determined that certain model
year 2012 Chevrolet Captiva and Buick Verano passenger cars
manufactured between April 6, 2011 and June 4, 2011, do not fully
comply with paragraph S5.2.1 of Federal Motor Vehicle Safety Standard
(FMVSS) No. 101, Controls and Displays and paragraphs S5.5.5 of FMVSS
No. 135, Light Vehicle Brake Systems. GM has filed an appropriate
report pursuant to 49 CFR Part 573, Defect and Noncompliance
Responsibility and Reports (dated June 13, 2011).
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    \1\ General Motors, LLC is a manufacturer of motor vehicles and
is registered under the laws of the state of Michigan.
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    Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule
at 49 CFR part 556), GM has petitioned for an exemption from the
notification and remedy requirements of 49 U.S.C. Chapter 301 on the
basis that this noncompliance is inconsequential to motor vehicle
safety.
    This notice of receipt of GM's petition is published under 49
U.S.C. 30118 and 30120 and does not represent any agency decision or
other exercise of judgment concerning the merits of the petition.
    Vehicles Involved: Affected are approximately 47,822 model year
2012 Chevrolet Captiva and Buick Verano model passenger cars that were
manufactured between April 6, 2011 and June 4, 2011.
    NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and
30120(h)) that permit manufacturers to file petitions for a
determination of inconsequentiality allow NHTSA to exempt manufacturers
only from the duties found in sections 30118 and 30120, respectively,
to notify owners, purchasers, and dealers of a defect or noncompliance
and to remedy the defect or noncompliance. Therefore, these provisions
only apply to the 47,822 \2\ model year 2012 Chevrolet Captiva and
Buick Verano model passenger cars that GM no longer controlled at the
time it determined that the noncompliance existed.
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    \2\ GM's petition, which was filed under 49 CFR Part 556,
requests an agency decision to exempt GM as a vehicle manufacturer
from the notification and recall responsibilities of 49 CFR Part 573
for 47,822 of the affected vehicles. However, a decision on this
petition cannot relieve vehicle distributors and dealers of the
prohibitions on the sale, offer for sale, introduction or delivery
for introduction into interstate commerce of the noncompliant
vehicles under their control after GM notified them that the subject
noncompliance existed.
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    Noncompliance: GM explains that the noncompliance is that the
telltales used for Park Brake are displayed using International
Organization for Standardization (ISO) symbols instead of the telltale
symbols required by FMVSS Nos. 101 and 135.
    Rule Text: Paragraph S5.2.1 of FMVSS No. 101 requires:

    S5.2.1 Except for the Low Tire Pressure Telltale, each control,
telltale and indicator that is listed in column 1 of Table 1 or
Table 2 must be identified by the symbol specified for it in column
2 or the word or abbreviation specified for it in column 3 of Table
1 or Table 2. If a symbol is used, each symbol provided pursuant to
this paragraph must be substantially similar in form to the symbol
as it appears in Table 1 or Table 2. If a symbol is used, each
symbol provided pursuant to this paragraph must have the
proportional dimensional characteristics of the symbol as it appears
in Table 1 or Table 2. The Low Tire Pressure Telltale (either the
display identifying which tire has low pressure or the display which
does not identify which tire has low pressure) shall be identified
by the appropriate symbol designated in column 4, or both the symbol
in column 4 and the words in column 3. No identification is required
for any horn (i.e., audible warning signal) that is activated by a
lanyard or by the driver pressing on the center of the face plane of
the steering wheel hub; or for a turn signal control that is
operated in a plane essentially parallel to the face plane of the
steering wheel in its normal driving position and which is located
on the left side of the steering column so that it is the control on
that side of the column nearest to the steering wheel face plane.
However, if identification is provided for a horn control in the
center of the face plane of the steering wheel hub, the identifier
must meet Table 2 requirements for the horn.

    Paragraphs S5.5.5 of FMVSS No. 135 requires in pertinent part:

    S5.5.5. Labeling. (a) Each visual indicator shall display a word
or words in accordance with the requirements of Standard No. 101 (49
CFR 571.101) and this section, which shall be legible to the driver
under all daytime and nighttime conditions when activated. Unless
otherwise specified, the words shall have letters not less than 3.2
mm (1/8 inch) high and the letters and background shall be of
contrasting colors, one of which is red. Words or symbols in
addition to those required by Standard No. 101 and this section may
be provided for purposes of clarity.
    (b) Vehicles manufactured with a split service brake system may
use a common brake warning indicator to indicate two or more of the
functions described in S5.5.1(a) through S5.5.1(g). If a common
indicator is used, it shall display the word ``Brake.'' * * *

    Summary of GM's Analysis and Arguments: GM explained that the
noncompliance is that the telltales used for parking brake are
displayed using International Organization for Standardization (ISO)
symbols instead of the telltale symbols required by FMVSS Nos. 101 and
135.
    GM stated its belief that although the instrument cluster telltale
symbols are displayed using ISO symbols the noncompliance is
inconsequential to motor vehicle safety for the following reasons:
    (1) The functionality of all braking systems, including the service
brakes and parking brakes, is not affected by the noncompliance and the
vehicles will operate as intended.
    (2) In addition to the parking brake telltale, the Captiva Driver
Information Center (DIC) provides a message when the parking brake is
set. Specifically, when the parking brake is applied and the ISO
parking brake telltale is illuminated, the following message is also
displayed: ``Park Brake Set''
    (3) In the noncompliant vehicles, the electronic parking brake
automatically releases when the vehicle transmission is in drive and
the vehicle is driven away.
    (4) The description of the parking braking operation, found in the
owner's manual, clearly indicates the ISO parking brake symbol will be
displayed when the parking brake is applied.
    (5) The control, which applies and releases the parking brake on
the subject vehicles, is identified with the same ISO symbol that is
used on the telltale to indicate the parking brake is applied.
    (6) Other current and previous vehicles manufactured by GM and
other manufacturers use the ISO parking brake symbol in conjunction
with the word ``PARK'', or a common brake telltale incorporating the
subject park brake symbol in conjunction with the word ``BRAKE'' and
the ISO symbol for brake malfunction, to indicate the application of
the parking brake. GM has also, confirmed that the Parking Brake ISO
telltale, in conjunction with the brake malfunction telltale and word
``BRAKE'', has been used on other vehicles and thus the motoring public
has come to associate the ISO park brake symbol with the application of
the parking brake.
    (7) GM is unaware of any field or owner complaints or injuries
regarding the subject noncompliance.

    In summation, GM believes that the described noncompliance of its
vehicles is inconsequential to motor vehicle safety, and that its
petition, to exempt it from providing recall notification of
noncompliance as required by 49 U.S.C. 30118 and remedying the recall
noncompliance as required by 49 U.S.C. 30120 should be granted.
    Comments: Interested persons are invited to submit written data,
views, and arguments on this petition. Comments must refer to the
docket and notice number cited at the beginning of this notice and be
submitted by any of the following methods:
    a. By mail addressed to: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
    b. By hand delivery to U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590. The Docket Section is open on
weekdays from 10 a.m. to 5 p.m. except Federal Holidays.
    c. Electronically: By logging onto the Federal Docket Management
System (FDMS) Web site at http://www.regulations.gov/. Follow the
online instructions for submitting comments. Comments may also be faxed
to 1-202-493-2251.
    Comments must be written in the English language, and be no greater
than 15 pages in length, although there is no limit to the length of
necessary attachments to the comments. If comments are submitted in
hard copy form, please ensure that two copies are provided. If you wish
to receive confirmation that your comments were received, please
enclose a stamped, self-addressed postcard with the comments. Note that
all comments received will be posted without change to http://www.regulations.gov, including any personal information provided.
    Documents submitted to a docket may be viewed by anyone at the
address and times given above. The documents may also be viewed on the
Internet at http://www.regulations.gov by following the online
instructions for accessing the dockets. DOT's complete Privacy Act
Statement is available for review in the Federal Register published on
April 11, 2000, (65 FR 19477-78).
    The petition, supporting materials, and all comments received
before the close of business on the closing date indicated below will
be filed and will be considered. All comments and supporting materials
received after the closing date will also be filed and will be
considered to the extent possible. When the petition is granted or
denied, notice of the decision will be published in the Federal
Register pursuant to the authority indicated below.

DATES: Comment closing date: December 5, 2012.

    Authority: (49 U.S.C. 30118, 30120: delegations of authority at
CFR 1.95 and 501.8).

    Issued on: October 24, 2012.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2012-26914 Filed 11-2-12; 8:45 am]
BILLING CODE 4910-59-P


[Federal Register Volume 80, Number 94 (Friday, May 15, 2015)]
[Rules and Regulations]
[Page 27853]
[FR Doc No: 2015-11803]

========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.

========================================================================

Federal Register / Vol. 80, No. 94 / Friday, May 15, 2015 / Rules and
Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Chapter I

Noise, Fuel Burn, and Emissions Modeling Using the Aviation
Environmental Design Tool Version 2b

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Policy statement.

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

SUMMARY: This document provides a statement of FAA policy concerning
the required use of the Aviation Environmental Design Tool version 2b
(AEDT 2b) to analyze noise, fuel burn, and emissions for FAA actions.
The policy statement is intended to ensure consistency and quality of
analysis performed to assess noise, fuel burn, and emissions impacts of
such actions under the National Environmental Policy Act of 1969
(NEPA), as amended, 42 U.S.C. 4321 et seq.

DATES: Effective May 29, 2015.

FOR FURTHER INFORMATION CONTACT: Fabio Grandi, Office of Environment
and Energy (AEE), Federal Aviation Administration, 800 Independence
Ave. SW., Washington, DC 20591; Telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Background

    FAA Order 1050.1, Environmental Impacts: Policies and Procedures,
describes FAA policies and procedures for compliance with the National
Environmental Policy Act (NEPA).
    Aircraft noise, air pollutant emissions, and fuel burn are
interdependent and occur simultaneously throughout all phases of
flight. AEDT 2b is a comprehensive software tool that provides
information to FAA stakeholders on each of these specific environmental
impacts. AEDT 2b facilitates environmental review activities required
under NEPA by consolidating the modeling of these environmental impacts
in a single tool. For air traffic airspace and procedure actions, AEDT
2b replaces AEDT 2a, which was released by the FAA in March 2012. For
other FAA actions, AEDT 2b replaces the Integrated Noise Model (INM)
for analyzing aircraft noise and the Emissions and Dispersion Modeling
System (EDMS) for developing emissions inventories and modeling
emissions dispersion. AEDT 2b applies to analyses initiated after May
29, 2015.

Policy Statement

    Effective May 29, 2015, AEDT 2b replaces AEDT 2a, INM, and EDMS as
the required tool for noise, fuel burn, and emissions modeling of FAA
actions. Consistent with current FAA policy and practice, the use of
AEDT 2b is not required for projects whose analysis began before the
effective date of this policy. In the event AEDT 2b is updated after
the environmental analysis process is underway, the updated version
may, but need not, be used to provide additional disclosure concerning
noise, fuel burn, and emissions.
    This policy statement is issued to ensure consistency and quality
of analysis performed to comply with requirements under the National
Environmental Policy Act of 1969 (NEPA), as amended, 42 U.S.C. 4321 et
seq.

    Issued in Washington, DC, on May 11, 2015.
Curtis Holsclaw,
Deputy Director, Office of Environment and Energy.
[FR Doc. 2015-11803 Filed 5-14-15; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register: March 30, 2006 (Volume 71, Number 61)]
[Notices]
[Page 16134-16135]
[DOCID:fr30mr06-50]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP03-41-003]

Dominion Transmission, Inc.; Notice of Filing

March 23, 2006.
    Take notice that on March 15, 2006, Dominion Transmission, Inc.
(Dominion), 120 Tredegar Street, Richmond, Virginia 23219, filed an
abbreviated application pursuant to section 7 of the Natural Gas Act
(NGA) and Part 157 of the Commission's Rules and Regulations, seeking
to clarify the nameplate horsepower ratings for the turbine engine/
compressor units at Mockingbird Hill and Quantico compressor stations
in Wetzel County, West Virginia and Fauquier County, Virginia,
respectively. This filing is available for review at the Commission in
the Public Reference Room or may 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 field to
access the document. For assistance, please contact FERC Online Support
at<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for
TTY, contact<PHONE_NUMBER>.
    On September 11, 2003, the Commission issued a certificate in
Docket No. CP03-41-000 authorizing Dominion to construct, install, own,
operate, and maintain the Mockingbird Hill compressor station with a
5,000 nominal horsepower (HP) turbine engine/compressor unit; and the

Quantico compressor station with a 6,000 nominal HP turbine engine/
compressor unit. In the September 11, 2003 application, Dominion
proposed to refurbish and install the units from Dominion's existing
Crayne compressor station, at Mockingbird Hill and Quantico. After
refurbishing, the units have the nameplate HP ratings of 5,800 HP and
6,100 HP, respectively. Dominion does not request an increase in
capacity, or any other certificated level. The units were placed in
service on November 1, 2004.
    Any questions regarding the application are to be directed to
Matthew R. Bley, Manager, Gas Transmission Certificates, Dominion
Transmission, Inc., 120 Tredegar Street, Richmond, Virginia 23219;
phone number<PHONE_NUMBER>.
    Any person wishing to obtain legal status by becoming a party to
the proceedings for this project should, on or before the below listed
comment date, file with the Federal Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426, a motion to intervene in
accordance with the requirements of the Commission's Rules of Practice
and Procedure (18 CFR 385.214 or 385.211) and the Regulations under the
NGA (18 CFR 157.10). A person obtaining party status will be placed on
the service list maintained by the Secretary of the Commission and will
receive copies of all documents filed by the applicant and by all other
parties. A party must submit 14 copies of filings made with the
Commission and must mail a copy to the applicant and to every other
party in the proceeding. Only parties to the proceeding can ask for
court review of Commission orders in the proceeding.
    Motions to intervene, protests and comments 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.
    Comment Date: 5 p.m. Eastern Time on April 12, 2006.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-4594 Filed 3-29-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 6 (Tuesday, January 10, 2012)]
[Rules and Regulations]
[Pages 1407-1411]
[FR Doc No: 2012-175]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-1097]
RIN 1625-AA11

Regulated Navigation Area; Memorial Bridge Construction,
Piscataqua River, Portsmouth, NH

AGENCY: Coast Guard, DHS.

ACTION: Temporary interim rule with request for comments.

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

SUMMARY: The United States Coast Guard is establishing a regulated
navigation area (RNA) on the navigable waters of the Piscataqua River
under and surrounding the Memorial Bridge between Portsmouth, NH and
Kittery, ME. This temporary interim rule is necessary to provide for
the safety of life on the navigable waters during bridge demolition and
replacement construction operations. This rule implements certain
safety measures, including speed restrictions and the temporary
suspension of vessel traffic during construction operations that could
be hazardous to nearby vessels.

DATES: This rule is effective in the CFR from January 10, 2012 through
December 31, 2013. This rule is effective with actual notice for
purposes of enforcement from December 22, 2011 through December 31,
2013. Public comments will be accepted and reviewed by the Coast Guard
through December 31, 2013.

ADDRESSES: You may submit comments identified by docket number USCG-
2011-1097 using any one of the following methods:
    (1) Federal e-Rulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
    Documents indicated in this preamble as being available in the
docket are part of docket USCG-2011-1097 and are available online by
going to http://www.regulations.gov, inserting USCG-2011-1097 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or email Lieutenant Junior Grade Terence Leahy of
the Waterways Management Division, U.S. Coast Guard Sector Northern New
England; telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>or
Lieutenant Junior Grade Isaac Slavitt of the Waterways Management
Division, U.S. Coast Guard First District, email
<EMAIL_ADDRESS>telephone<PHONE_NUMBER>. If you have
questions on viewing the docket, call Renee V. Wright, Program Manager,
Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All

comments received will be posted, without change, to http://www.regulations.gov and will include any personal information you have
provided.
    As this interim rule will be in effect before the end of the
comment period, the Coast Guard will evaluate and revise this rule as
necessary to address significant public comments.

Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (USCG-2011-1097), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (via http://www.regulations.gov) or by fax, mail, or hand
delivery, but please use only one of these means. If you submit a
comment online via www.regulations.gov, it will be considered received
by the Coast Guard when you successfully transmit the comment. If you
fax, hand deliver, or mail your comment, it will be considered as
having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an email address, or a telephone number in the body
of your document so that we can contact you if we have questions
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rule'' and insert ``USCG-2011-1097'' in the ``Keyword'' box.
Click ``Search'' then click on the balloon shape in the ``Actions''
column. If you submit comments by mail or hand delivery, submit them in
an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change this rule
based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2011-1097'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
You may also visit the Docket Management Facility in Room W12-140 on
the ground floor of the Department of Transportation West Building,
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting in connection with the
public comment period for this interim rule. But you may submit a
request for one using one of the four methods specified under
ADDRESSES. Please explain why you believe a public meeting would be
beneficial. If we determine that one would aid this rulemaking, we will
hold one at a time and place announced by a later notice in the Federal
Register.
    Although it was not held specifically to solicit public comments on
this interim rule and was not announced in the Federal Register, the
New Hampshire Department of Transportation (NHDOT) held a public
waterway user meeting on November 29, 2011, at the Portsmouth, NH City
Hall Building where waterway closures and bridge demolition plans were
discussed. No comments or concerns were noted during that meeting that
would impact the drafting of this rule.

Regulatory Information

    The Coast Guard is issuing this interim rule without prior Federal
Register notice 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 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 immediate action is necessary to ensure the safety of the
public during demolition of the existing Memorial Bridge and subsequent
replacement, and it would be contrary to the public interest to delay
both demolition and construction.
    The need for waterway closures was not brought to the attention of
the Coast Guard until November 13, 2011 when the New Hampshire
Department of Transportation (NHDOT) requested a complete waterway
closure for a 3-day period beginning January 30, 2012. It is
impracticable to issue an NPRM and take public comment before January
2012, when the bridge construction that necessitates creation of a
regulated navigation area (RNA) is scheduled to begin, and when the
bridge is at risk of immediate failure. Following the conclusion of a
lengthy bridge study, NHDOT determined that it was immediately
necessary to replace the existing Memorial Bridge due to concerns that
the existing structure may suffer a catastrophic failure. A bridge
failure could inhibit commercial vessels from reaching facilities
upstream on the Piscataqua River should the center lift span become
stuck in the down position, blocking the main navigation channel. This
would have a significant negative economic impact.
    Additionally, any delay or cancellation of the ongoing bridge
construction plans would be contrary to public interest as the bridge's
failure could cause regionally significant economic, environmental, and
safety impacts. The Coast Guard has determined that the prompt
remediation of the existing structure will mitigate the threat of a
possible catastrophic failure.
    Once the Coast Guard received notification of these plans on
November 13, 2011 by NHDOT, and established the need for waterway
closures and speed restrictions for vessel traffic, it was necessary
for the Coast Guard to move quickly to protect public safety by
safeguarding both the mariners and construction workers during the
bridge's demolition and construction. The dynamic nature of the
construction process and multitude of construction vessels necessitates
that all mariners navigate at a safe speed within the RNA in accordance
with Rule 6 of the Inland Navigation Rules, as the barge and
construction equipment configuration may change on a daily basis. In
order to address any further public concerns, this rule is available
for public comment until December 31, 2013. The Coast Guard will
publish an amended rule if necessary to address public concerns.
    For the reasons discussed, delaying the project is contrary to the
public interest, and notice and comment period are impracticable. Under
5 U.S.C.

553(d)(3), the Coast Guard finds that good cause exists for making this
rule effective less than 30 days after publication in the Federal
Register.

Basis and Purpose

    Under the Ports and Waterways Safety Act, the Coast Guard has the
authority to establish RNAs in defined water areas that are determined
to have hazardous conditions and in which vessel traffic can be
regulated in the interest of safety. See 33 U.S.C. 1231 and Department
of Homeland Security Delegation No. 0170.1.
    The purpose of this interim rule is to ensure the safe transit of
vessels in the area, and to protect all persons, vessels, and the
marine environment during demolition and reconstruction operations for
the duration of the Memorial Bridge construction, from January 30, 2012
through December 31, 2013.

Discussion of Rule

    Due to unanticipated structural failure of the current Memorial
Bridge, plans were put in place to demolish the existing bridge
structure as quickly as possible and build a new bridge in the current
location. The construction of the Memorial Bridge involves large
machinery and construction vessel operations above and in the navigable
waters of the Piscataqua River. The ongoing operations are, by their
nature, hazardous and pose risks both to recreational and commercial
traffic as well as the construction crew. In order to mitigate the
inherent risks involved in the construction, it is necessary to control
vessel movement through the area.
    Heavy-lift operations are sensitive to water movement, and wake
from passing vessels could pose significant risk of injury or death to
construction workers. In order to minimize such unexpected or
uncontrolled movement of water, the RNA will limit vessel speed and
wake of all vessels operating in the vicinity of the bridge
construction zone. This will be achieved by enforcing a five (5) knots
speed limit and ``NO WAKE'' zone in the vicinity of the construction as
well as providing a means to suspend all vessel traffic for emergent
situations that pose imminent threat to waterway users in the area. The
RNA will also protect vessels desiring to transit the area by ensuring
that vessels are only permitted to transit when it is safe to do so.
    The Coast Guard has discussed this project at length with the NHDOT
to identify if the project can be completed without channel closures
and, if possible, what impact that would have on the project timeline.
Through these discussions, it became clear that while the majority of
construction activities during the span of this project would not
require waterway closures, there are certain tasks that can only be
completed in the channel and will require closing the waterway. At
present, NHDOT has not submitted a complete plan for waterway closures
due to the expeditious manner that promulgated drafting this regulated
navigation area.
    On a case-by-case basis, depending on the construction schedule,
NHDOT may request a waterway closure on various dates from January 30,
2012 through December 31, 2013. As discussed below, NHDOT will notify
the Coast Guard of planned activities as soon as possible.
    The COTP Sector Northern New England will cause notice of
enforcement, suspension of enforcement, or closure of this regulated
navigation area to be made by all appropriate means to ensure the
widest distribution among the affected segments of the public. Such
means of notification will include, but are not limited to, Broadcast
Notice to Mariners and Local Notice to Mariners. In addition, the COTP
maintains a telephone line that is staffed 24 hours a day, seven days a
week. The public can obtain information concerning enforcement of the
regulated navigation area by contacting Coast Guard Sector Northern New
England Command Center at<PHONE_NUMBER>.

Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

Executive Order 12866 and Executive Order 13563

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, and does not require an
assessment of potential costs and benefits under section 6(a)(3) of
that Order. The Office of Management and Budget has not reviewed it
under that Order.
    We expect the economic impact of this rule to be minimal because
this regulated navigation area requires vessels to reduce speed through
600 yards of the Piscataqua River, therefore causing only a minimal
delay to a vessel's transit. In addition, periods when the regulated
navigation area is closed to all traffic are expected to be short in
duration, and we expect to give advance notice of such closures.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. 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 substantial number of small
entities. This rule will affect the following entities some of which
may be small entities: The owners or operators of marinas, charter
fishing vessels, commercial fishing vessels, facilities servicing deep
draft vessels, tugboat operators, and recreational vessels who intend
to transit in those portions of the Piscataqua River during the
effective period. Alternatively, smaller vessel traffic can transit to
the north of Badgers Island and through the backchannel at Seavey
Island to avoid any delays caused by closures to the waterway around
the Memorial Bridge. In addition, periods when the regulated navigation
area is closed to all traffic are expected to be short in duration, and
we expect to give advance notice of such closures.
    This regulation may have some impact on the public, but the
potential impact will be minimized for the following reasons: it
requires vessels to reduce speed through 600 yards of the Piscataqua
River, therefore causing only a minimal delay to a vessel's transit.
Many parties that have the potential to be affected have been involved
in the discussions and have made plans to work around the closure
times. We will use various appropriate means to inform the public
before, during, and at the conclusion of any RNA enforcement period.
    The RNA will apply to the width of the Piscataqua River within a
300 yard radius of a position specified in the regulatory text, under
and surrounding the Memorial Bridge. During full closures to traffic
under the Memorial Bridge, vessels may be allowed to pass through the
regulated area with the permission of the COTP.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121),

we offer to assist small entities in understanding the rule so that
they can better evaluate its effects on them and participate in the
rulemaking process.
    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.

Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

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 expenditure, we do discuss the effects of this rule elsewhere in
this preamble.

Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

Indian Tribal Governments

    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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
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 is categorically excluded, under figure 2-1, paragraph (34)(g), of
the Instruction. This rule involves the establishment of an RNA. An
environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
ADDRESSES. Any comments received concerning environmental impacts will
be considered and changes made to the environmental analysis checklist
and categorical exclusion determination as appropriate.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.

0
2. Add Sec.  165.T01-1097 to read as follows:

Sec.  165.T01-1097  Regulated Navigation Area; Memorial Bridge
Construction, Piscataqua River, Portsmouth, NH.

    (a) Location. The following area is a Regulated Navigation Area
(RNA): All navigable waters, surface to bottom, on the Piscataqua River
within a 300 yard radius of position 43[deg]04'46'' N, 70[deg]45'10'' W
in the vicinity of the Memorial Bridge construction zone between
Portsmouth, NH and Badgers Island in Kittery, ME.
    (b) Regulations.
    (1) The general regulations contained in 33 CFR 165.10, 165.11, and
165.13 apply within the RNA, and in addition:
    (2) In accordance with the general regulations, entry into or
movement

within this zone, during periods of enforcement, is prohibited unless
authorized by Captain of the Port (COTP) Sector Northern New England.
    (3) A speed limit of five (5) knots will be in effect within the
regulated area. All vessels must proceed through the area with caution
and operate in such a manner as to produce no wake.
    (4) Vessels must comply with all directions given to them by the
COTP Sector Northern New England or his on-scene representative. The
``on-scene representative'' of the COTP is any Coast Guard
commissioned, warrant or petty officer who has been designated by the
COTP to act on the COTP's behalf. The on-scene representative may be on
a Coast Guard vessel; New Hampshire State Police, Maine State Police,
or other designated craft; or may be on shore and will communicate with
vessels via VHF-FM radio or loudhailer. Members of the Coast Guard
Auxiliary may be present to inform vessel operators of this regulation.
    (5) Upon being hailed by a U.S. Coast Guard vessel by siren, radio,
flashing light or other means, the operator of the vessel must proceed
as directed.
    (6) All other relevant regulations, including but not limited to
the Rules of the Road (33 CFR Subchapter E, Inland Navigational Rules)
remain in effect within the regulated area and should be strictly
followed at all times.
    (c) Enforcement. This regulated navigation area is enforceable 24
hours a day from December 22, 2011 until December 31, 2013.
    (1) Notice of suspension of enforcement: If enforcement is
suspended, the COTP will cause a notice of the suspension of
enforcement by all appropriate means to be given the widest publicity
among the affected segments of the public. Such means of notification
may include, but are not limited to, Broadcast Notice to Mariners and
Local Notice to Mariners. Such notification will include the date and
time that enforcement is suspended as well as the date and time that
enforcement will resume.
    (2) Violations of this regulated navigation area may be reported to
the COTP Sector Northern New England, at<PHONE_NUMBER> or on VHF-
Channel 16.

    Dated: December 22, 2011.
D.A. Neptun,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2012-175 Filed 1-9-12; 8:45 am]
BILLING CODE 9110-04-P


              OFFICE OF CHEMICAL SAFETY
AND POLLUTION PREVENTION
                 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                            WASHINGTON, D.C.  20460

MEMORANDUM

DATE:		October 3, 2012

SUBJECT:	Science Review in Support of Rode-Trol, Containing 90.0% Powdered Corn Cobs (33.3% Cellulose) As Its Active Ingredient.

            Decision Number: 						447148
            DP Number: 							402046, 402312
            EPA File Symbol Number: 				84889-E
            Chemical Class: 							Biochemical
            PC Code: 								100154
            CAS Number:							9004-34-6 (cellulose)
            Active Ingredient Tolerance Exemptions: 		Nonfood-use
            MRID Numbers: 						48433501-48433503, 48433506, 48533801-48533802, 48824701*not all MRIDs are associated with the DP numbers.

FROM:		Angela L. Gonzales, Biologist
            Biochemical Pesticides Branch
            Biopesticides & Pollution Prevention Division (7511P)

TO:			Leonard Cole, Senior Regulatory Specialist
            Biochemical Pesticides Branch
            Biopesticides & Pollution Prevention Division (7511P)

ACTION REQUESTED

On behalf of Rode-Trol, LLC, E[x]ponent, Inc. requests registration of Rode-Trol, an end-use product (EP) containing powdered corn cobs (33.3% cellulose). The chemical is a new biochemical active ingredient. The proposed EP is intended for use as a rodenticide in commercial and residential indoor settings. In support of the proposed EP, the registrant submitted a proposed product label, Confidential Statement of Formulas (CSFs) dated 7/12/11, product chemistry data and information in MRIDs 48433501-48433402, 48533801 and 48824701 and mammalian toxicology data and information in MRIDs 48433503, 48433506 and 48533802.

RECOMMENDATIONS AND CONCLUSION

1. The product chemistry submission is ACCEPTABLE pending resolution of the deficiencies discussed below.
	MRID 48433501-UPGRADEABLE					MRID 48433502-UPGRADEABLE
	MRID 48533801-ACCEPTABLE					MRID 48824701-ACCEPTABLE

a. Refer to the Confidential Appendix (CA) below.

b. Refer to the CA below.

c. The active ingredient statement on the label must be revised as follows:
		ACTIVE INGREDIENT:
		Powdered Corn Cobs*...............................90%
		OTHER INGREDIENT(S):...................... 10%
		TOTAL:									     100%
			*Contains 33.3% w/w Cellulose

d. Refer to the CA below.

e. The bulk density of the MP was provided to fulfill the density data requirement for the EP. Density data for the EP should be provided and listed in box 7 on the CSF.

f. The rationale provided to satisfy the storage stability (OCSPP 830.6317) and corrosion characteristics (OCSPP 830.6320) is inadequate. Additional scientifically-sound rationale supported by references must be submitted or studies must be conducted.

2. The mammalian toxicology submission is ACCEPTABLE.
	MRID 48433503-UPGRADEABLE					MRID 48433506-ACCEPTABLE
	MRID 48533802-ACCEPTABLE

3. Nontarget toxicology data are not required for the EP at this time.

NOTE TO RAL:

1. In the "Ingredients" row on the data matrix dated 7/12/11, the applicant listed the active ingredient as mono- and di- potassium salts of phosphorous acid which must be revised.

2. Efficacy data were submitted to support registration of the EP but were reviewed by another science reviewer. Refer to the memoranda from C. Fuentes for more information.

STUDY SUMMARIES

Product Chemistry (MRIDs 48433501-48433502, 48533801 and 48824701)

All data requirements have been satisfied with the exception of storage stability and corrosion characteristics. Physical and chemical properties data for the EP are summarized in Table 1 below. Data Evaluation Records (DERs) were not created for the submitted MRIDs. Refer to the CA below for more product chemistry information.

TABLE 1. Physical and Chemical Properties of Rode-Trol (40 CFR § 158.2030)
                               OCSPP Guideline
                                   Property
                             Description of Result
                                   (PC 38-DD)
                                     MRID
830.6302
Color
Light-brown/beige
                                   48433502
830.6303
Physical State
Solid pellet
                                   48433502
830.6304
Odor
Characteristic of hay
                                   48433502
830.6313
Stability to Normal and Elevated Temperatures, Metals and Metal Ions
Not required for EP

830.6315
Flammability
Flash point: 388ºF (open cup); 396 ºF (closed cup)  (data are bridged from TGAI; inert components not expected to contribute significantly to flammability)
                                   48433502
830.6317
Storage Stability
Rationale is inadequate
                                   48433502
830.6319
Miscibility
N/A: not an emulsifiable liquid that will be diluted with petroleum solvents.
                                   48433502
830.6320
Corrosion Characteristics
Rationale is inadequate
                                   48433502
830.7000
pH
N/A: test substance is not soluble or dispersible in water
                                   48433502
830.7050
UV/Visible Light
Absorption
Not required for EP

830.7100
Viscosity
N/A: product is a solid
                                   48433502
830.7200
Melting Point/Range
Not required for EP

830.7220
Boiling Point/Range
Not required for EP

830.7300
Bulk Density
28.0 lb/ft[3] (data are for the MP and should be submitted for the EP)
                                   48433502
830.7520
Particle Size, Fiber Length and Diameter Distribution
Not required for EP

830.7550
830.7560
830.7570
Partition Coefficient (n-
Octanol/Water)
Not required for EP

830.7840
Water Solubility
Not required for EP

830.7950
Vapor Pressure
Not required for EP

Mammalian Toxicology (MRIDs 48433503, 48433506 and 48533802)