[Federal Register Volume 79, Number 219 (Thursday, November 13, 2014)]
[Proposed Rules]
[Pages 67379-67382]
[FR Doc No: 2014-26837]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0756; Directorate Identifier 2014-NM-103-AD]
RIN 2120-AA64

Airworthiness Directives; the Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for all
the Boeing Company Model 707 airplanes, and Model 720 and 720B series
airplanes. This proposed AD is intended to complete certain mandated
programs intended to support the airplane reaching its limit of
validity (LOV) of the engineering data that support the established
structural maintenance program. This proposed AD would require
repetitive inspections for cracking of the inboard and outboard midspar
fittings of the nacelle struts and of the torque bulkhead, midspar
chords, drag fitting, and front spar support, and doing applicable
related investigative and corrective actions; replacing the midspar
fittings; and doing other specified actions. We are proposing this AD
to detect and correct cracking in the midspar fittings of the inboard
and outboard nacelle struts, which could result in the loss of the
structural integrity of the midspar fitting. This condition could cause
an unsafe separation of the engine and consequent wing fire.

DATES: We must receive comments on this proposed AD by December 29,
2014.

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 http://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 service information identified in this proposed AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com. You may view this referenced service information
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW.,
Renton, WA. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0756; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this proposed AD, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Office (phone:<PHONE_NUMBER>) is in the ADDRESSES section. Comments will
be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Chandra Ramdoss, Aerospace Engineer,
Airframe Branch, ANM-120L, FAA, Los Angeles Aircraft Certification
Office (ACO), 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone:
562-627-5239; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2014-0756;
Directorate Identifier 2014-NM-103-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    As described in FAA Advisory Circular 120-104 (http://www.faa.gov/documentLibrary/media/Advisory_Circular/120-104.pdf), several programs
have been developed to support initiatives that will ensure the
continued airworthiness of aging airplane structure. The last element
of those initiatives is the requirement to establish a limit of
validity (LOV) of the engineering data that support the structural
maintenance program under 14 CFR 26.21. This proposed AD is the result
of an assessment of the previously established programs by Boeing
during the process of establishing the LOV for Model 707 airplanes and
Model 720 and 720B series airplanes. The actions specified in this
proposed AD are necessary to complete certain programs to ensure the
continued airworthiness of aging airplane structure and to support an
airplane reaching its LOV.
    We received reports of cracked midspar fittings on the inboard and
outboard nacelle struts. The airplanes had accumulated between 9,900
and 63,000 total flight hours. Five of these airplanes had cracked
midspar fittings that resulted in separation of the inboard strut and
engine from the airplane inflight. In two of those events the inboard
nacelle strut contacted the outboard engine, causing it to separate
from the airplane. Operators have also reported cracking in the
transition radius of the inboard and outboard midspar fittings of the
nacelle struts of the numbers 1 and 4 engines.
    The reported cracks on the inboard and outboard midspar fittings of
the nacelle struts of engines numbers 1, 2, 3, and 4 were found to be
vertical at the

lug hole or across the double horizontal tangs at the radius where the
tangs merge with the lug. Analysis determined that the 4330 steel
midspar fittings cracked as a result of stress corrosion and fatigue at
the lug and fatigue at the tangs.
    Cracked midspar fittings, if not detected and corrected, could
result in the loss of the structural integrity of the midspar fitting.
This condition could cause an unsafe separation of the engine and
consequent wing fire.

Relevant Service Information

    We reviewed Boeing 707 Alert Service Bulletin A3183, Revision 6,
dated February 7, 2014. For information on the procedures and
compliance times, see this service information at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0756.

Related Rulemaking

    AD 93-11-02, Amendment 39-8594, Docket No. 92-NM-230-AD, which
applies to The Boeing Company Model 707 and 720 series airplanes,
requires repetitive inspections for cracking of the midspar fittings on
the inboard struts, related investigative and corrective actions if
necessary, and replacement of the midspar fittings with new, improved
fittings, which constitutes terminating action for the repetitive
inspections.
    AD 2012-16-12, Amendment 39-17159 (77 FR 49708, August 17, 2012),
which applies to The Boeing Company Model 707 airplanes, and Model 720
and 720B series airplanes, requires a detailed inspection of the
midspar fittings of the nacelle struts for engine numbers 2 and 3 to
confirm that the correct part number is installed, and installing the
correct part number if it is not installed. The correct part number is
the new, improved midspar fitting required by AD 93-11-02, Amendment
39-8594, Docket No. 92-NM-230-AD. AD 2012-16-12 also requires
repetitive high frequency eddy current inspections (HFEC) of the
midspar fittings of engine numbers 2 and 3 nacelle struts for cracks
and repair if necessary. In addition, AD 2012-16-12 requires repetitive
general visual inspections of the nacelle struts of engine numbers 1,
2, 3, and 4 to verify that the nacelle strut has not drooped below its
normal position, and repair if necessary.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.

Proposed AD Requirements

    This proposed AD would require accomplishing the inspections for
cracking of the inboard and outboard midspar fittings of the nacelle
struts and of the torque bulkhead, midspar chords, drag fitting, and
front spar support, and doing applicable related investigative and
corrective actions; replacing the midspar fittings; and doing other
specified actions; as specified in parts 2 through 6, inclusive, of the
Accomplishment Instructions of the service information described
previously, except as discussed under ``Differences Between this
Proposed AD and the Service Information.''
    The phrase ``related investigative actions'' is used in this
proposed AD. ``Related investigative actions'' are follow-on actions
that (1) are related to the primary actions, and (2) further
investigate the nature of any condition found. Related investigative
actions in an AD could include, for example, inspections.
    The phrase ``corrective actions'' is used in this proposed AD.
``Corrective actions'' are actions that correct or address any
condition found. Corrective actions in an AD could include, for
example, repairs.
    The phrase ``other specified actions'' is used in this proposed AD.
Other specified actions in this proposed AD include installing new
inboard and outboard midspar fittings, installing oversized fasteners
in the two forward most fastener holes common to the inboard side of
the nacelle strut overwing support fitting and the wing front spar
upper chord, applying sealant to the midspar area, and applying
corrosion inhibiting compound to the midspar fitting areas.
    We have determined that the actions specified in table 1 of
paragraph 1.E., ``Compliance,'' of Boeing 707 Alert Service Bulletin
A3183, Revision 6, dated February 7, 2014, should not be required in
this AD, as noted in the service bulletin.

Differences Between This Proposed AD and the Service Information

    Boeing 707 Alert Service Bulletin A3183, Revision 6, dated February
7, 2014, specifies to contact the manufacturer for fitting installation
instructions and instructions on how to repair certain conditions, but
this proposed AD would require doing those corrective actions in one of
the following ways:
     In accordance with a method that we approve; or
     Using data that meet the certification basis of the
airplane, and that have been approved by the Boeing Commercial
Airplanes Organization Designation Authorization (ODA) whom we have
authorized to make those findings.

Costs of Compliance

    We estimate that this proposed AD affects 12 airplanes of U.S.
registry.
    We estimate the following costs to comply with this proposed AD:

                                                                     Estimated Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
              Action                        Labor cost                   Parts cost                 Cost per  product          Cost on U.S.  operators
--------------------------------------------------------------------------------------------------------------------------------------------------------
Inspections.......................  214 work-hours x $85 per    $0..........................  $18,190.....................  $218,280.
                                     hour = $18,190 per
                                     inspection cycle.
Replacement of midspar fitting....  18 work-hours x $85 per     Up to $7,867................  Up to $9,397................  Up to $112,764.
                                     hour = $1,530.
Mid-interval inspections..........  107 work-hours x $85 per    $0..........................  $9,095......................  $109,140.
                                     hour = $9,095 per
                                     inspection cycle.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any additional inspections
that would be required based on the results of the proposed
inspections. We have no way of determining the number of aircraft that
might need these inspections:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                  Action                                Labor cost                 Parts cost        product
----------------------------------------------------------------------------------------------------------------
Inspections...............................  Up to 21 work-hours x $85 per hour              $0           $1,785
                                             = $1,785.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide
cost estimates for the on-condition corrective actions specified in
this AD.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

    The Boeing Company: Docket No. FAA-2014-0756; Directorate
Identifier 2014-NM-103-AD.

(a) Comments Due Date

    We must receive comments by December 29, 2014.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all The Boeing Company Model 707-100 long
body, -200, -100B long body, and -100B short body series airplanes;
Model 707-300, -300B, -300C, and -400 series airplanes; and Model
720 and 720B series airplanes; certificated in any category.

(d) Subject

    Air Transport Association (ATA) of America Code 54, Nacelles/
Pylons.

(e) Unsafe Condition

    This AD was prompted by certain mandated programs intended to
support the airplane reaching its limit of validity (LOV) of the
engineering data that support the established structural maintenance
program. We are issuing this AD to detect and correct cracking in
the midspar fittings of the inboard and outboard nacelle struts,
which could result in the loss of the structural integrity of the
midspar fitting. This condition could cause an unsafe separation of
the engine and consequent engine fire.

(f) Compliance

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

(g) Inspections of Nacelle Struts and Surrounding Structure and
Replacement of Inboard and Outboard Midspar Fittings

    At the applicable time specified in table 2 or table 3 of
paragraph 1.E., ``Compliance,'' of Boeing 707 Alert Service Bulletin
A3183, Revision 6, dated February 7, 2014, except as required by
paragraph (i)(1) of this AD: Do the inspections required by
paragraphs (g)(1), (g)(2), and (g)(3) of this AD in accordance with
part 2 or part 3, as applicable, of the Accomplishment Instructions
of Boeing Alert Service Bulletin A3183, Revision 6, dated February
7, 2014, except as required by paragraph (i)(2) of this AD. Before
further flight, do all applicable related investigative and
corrective actions, replace the inboard and outboard midspar
fittings with new parts, and do other specified actions (including
installing new bushings and oversize fasteners) in accordance with
part 2 or part 3, as applicable, of the Accomplishment Instructions
of Boeing Alert Service Bulletin A3183, Revision 6, dated February
7, 2014, except as required by paragraph (i)(2) of this AD. Repeat
the inspections required by paragraphs (g)(1), (g)(2), and (g)(3) of
this AD thereafter at the applicable intervals specified in table 2
or table 3 of paragraph 1.E., ``Compliance,'' of Boeing 707 Alert
Service Bulletin A3183, Revision 6, dated February 7, 2014, except
as required by paragraph (i)(1) of this AD.
    (1) A detailed inspection and a high frequency eddy current
inspection (HFEC) for cracks in the inboard and outboard midspar
fittings of the nacelle struts.
    (2) Open hole HFEC inspections for cracks in the torque
bulkhead, midspar chords, drag fitting, and front spar support.
    (3) A surface HFEC inspection of the front spar support for
cracks.

(h) Mid-Interval Inspections and Replacement of Nacelle Strut Midspar
Fittings

    At the applicable time specified in table 4 or 5 of paragraph
1.E., ``Compliance,'' of Boeing 707 Alert Service Bulletin A3183,
Revision 6, dated February 7, 2014: Do the inspections required by
paragraphs (h)(1), (h)(2), and (h)(3) of this AD, in accordance with
part 4 or part 5, as applicable, of the Accomplishment Instructions
of Boeing Alert Service Bulletin A3183, Revision 6, dated February
7, 2014, except as required by paragraph (i)(2) of this AD. Do all
applicable related investigative, corrective, and other specified
actions (including installing new bushings and oversize fasteners)
before further flight. Repeat the inspections required by paragraphs
(h)(1), (h)(2), and (h)(3) of this AD thereafter at the applicable
intervals specified in table 4 or 5 of paragraph 1.E.,
``Compliance,'' of Boeing 707 Alert Service Bulletin A3183, Revision
6, dated February 7, 2014. The threshold for the repetitive
inspections required by paragraphs (h)(1), (h)(2), and (h)(3) of
this AD is 1,500 flight cycles or 48 months, whichever occurs first,
since the most recent midspar fitting replacement.
    (1) A detailed inspection and a surface HFEC inspection for
cracks in the inboard

and outboard midspar fittings of the nacelle struts.
    (2) An open hole HFEC inspection for cracks in the drag fitting
and front spar support.
    (3) A surface HFEC inspection for cracks in the front spar
support.

(i) Exceptions to Service Information Specifications

    (1) Where Boeing 707 Alert Service Bulletin A3183, Revision 6,
dated February 7, 2014, specifies a compliance time ``after the
Revision 6 date of this service bulletin,'' this AD requires
compliance within the specified compliance time after the effective
date of this AD.
    (2) Where Boeing 707 Alert Service Bulletin A3183, Revision 6,
dated February 7, 2014, specifies to contact Boeing for appropriate
action: Do corrective actions before further flight using a method
approved in accordance with the procedures specified in paragraph
(k) of this AD.

(j) Special Flight Permit

    Special flight permits, as described in Section 21.197 and
Section 21.199 of the Federal Aviation Regulations (14 CFR 21.197
and 21.199), are not allowed.

(k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Los Angeles Aircraft Certification Office, 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 local Flight
Standards District Office, as appropriate. If sending information
directly to the manager of the ACO, send it to the attention of the
person identified in paragraph (l)(1) of this AD. Information may be
emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair required by this AD if it is approved by the
Boeing Commercial Airplanes Organization Designation Authorization
(ODA) that has been authorized by the Manager, Los Angeles ACO, to
make those findings. For a repair method to be approved, the repair
must meet the certification basis of the airplane and the approval
must specifically refer to this AD.

(l) Related Information

    (1) For more information about this AD, contact Chandra Ramdoss,
Aerospace Engineer, Airframe Branch, ANM-120L, FAA, Los Angeles
Aircraft Certification Office (ACO), 3960 Paramount Boulevard,
Lakewood, CA 90712-4137; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, WA 98124-2207; telephone 206-544-
5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com. You may view this referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on November 5, 2014.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2014-26837 Filed 11-12-14; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: May 9, 2006 (Volume 71, Number 89)]
[Notices]
[Page 26957-26958]
[DOCID:fr09my06-89]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP96-312-156]

Tennessee Gas Pipeline Company; Notice of Negotiated Rate Filing

May 2, 2006.
    Take notice that on April 28, 2006, Tennessee Gas Pipeline Company
(Tennessee) tendered for filing Negotiated Rate Arrangement. Tennessee
states that the filed Negotiated Rate Arrangement reflects an agreement
between Tennessee and Public Service Electric and Gas Company (PSE&G)
for transportation under Rate Schedule FT-A pursuant to Tennessee's
Northeast ConneXion NY/NJ Project. Tennessee requests that the
Commission accept and approve the Negotiated Rate Arrangement to be
effective on the commencement date of the FT-A Agreement.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as

appropriate. Such notices, motions, or protests must be filed in
accordance with the provisions of section 154.210 of the Commission's
regulations (18 CFR 154.210). Anyone filing an intervention or protest
must serve a copy of that document on the Applicant. Anyone filing an
intervention or protest on or before the intervention or protest date
need not serve motions to intervene or protests on persons other than
the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
[FR Doc. E6-6982 Filed 5-8-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 120 (Monday, June 22, 2020)]
[Notices]
[Page 37459]
[FR Doc No: 2020-13346]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2019-N-0163]

Hospira, Inc., et al.; Withdrawal of Approval of 12 Abbreviated
New Drug Applications; Correction

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice; correction.

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SUMMARY: The Food and Drug Administration (FDA) is correcting a notice
that appeared in the Federal Register of February 12, 2019. The
document announced the withdrawal of approval of 12 abbreviated new
drug applications (ANDAs) from multiple applicants. The document
erroneously included ANDA 077736 for Polyethylene Glycol 3350 Powder
for Oral Solution, 17 grams/scoopful, held by Breckenridge
Pharmaceutical, Inc. (Breckenridge). This document corrects that error.

FOR FURTHER INFORMATION CONTACT: Kimberly Lehrfeld, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 51, Rm. 6226, Silver Spring, MD 20993-0002, 301-
796-3137.

SUPPLEMENTARY INFORMATION: In the Federal Register of February 12, 2019
(84 FR 3467), in FR Doc. 2019-02032, the following correction is made:
    1. On page 3467, in the table, the entry for ANDA 077736 is
removed. The approval of ANDA 077736 was withdrawn effective November
2, 2018.
    In the Federal Register of April 2, 2018 (83 FR 13994), FDA denied
a hearing and issued an order withdrawing approval of multiple ANDAs
for polyethylene glycol 3350, effective May 2, 2018. Breckenridge's
ANDA 077736 was included in the April 2018 notice. In the Federal
Register of July 30, 2018 (83 FR 36604), FDA subsequently published a
notice granting a temporary stay of the effective date of the April
2018 notice, extending the withdrawal of approval of the ANDAs to
November 2, 2018. Thus, the approval of ANDA 077736 was withdrawn
effective November 2, 2018.

    Dated: June 12, 2020.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2020-13346 Filed 6-19-20; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register: October 21, 2005 (Volume 70, Number 203)]
[Notices]
[Page 61280-61281]
[DOCID:fr21oc05-76]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 2

October 14, 2005.
    Take notice that the Commission received the following electric
rate filings.
    Docket Numbers: ER00-2677-000; ER00-2684-000; ER05-1395-001.
    Applicants: American Ref-Fuel Company of Delaware Valley, L.P.
    Covanta Delaware Valley, L.P.
    Description: Covanta Delaware Valley, LP submits corrections to its
August 26, 2005 filing by updating Original Sheets 1, 5, and 6 to its
FERC Electric Tariff, Original Volume No. 3 as a result of a name
change.
    Filed Date: October 7, 2005.
    Accession Number: 20051012-0003.
    Comment Date: 5 p.m. Eastern Time on Friday, October 28, 2005.

    Docket Numbers: ER01-1302-000; ER05-1398-001.
    Applicants: American Ref-Fuel Company of Niagara, L.P.
    Covanta Niagara, L.P.
    Description: Covanta Niagara, LP submits revised Original Sheets 1
and 5 to FERC Electric Tariff, Original Volume No.1 as a result of a
name change.
    Filed Date: October 7, 2005.
    Accession Number: 20051012-0004.
    Comment Date: 5 p.m. Eastern Time on Friday, October 28, 2005.

    Docket Numbers: ER01-1710-008.
    Applicants: Mill Run Windpower, LLC.
    Description: Mill Run Windpower LLC submits its compliance filing
in response to FERC's September 21, 2005 Letter Order.
    Filed Date: October 7, 2005.
    Accession Number: 20051012-0008.
    Comment Date: 5 p.m. Eastern Time on Friday, October 28, 2005.

    Docket Numbers: ER01-2139-009.
    Applicants: Somerset Windpower, LLC.
    Description: Somerset Windpower, LLC submits its compliance filing
in response to FERC's September 21, 2005 Letter Order.
    Filed Date: October 7, 2005.
    Accession Number: 20051012-0007.
    Comment Date: 5 p.m. Eastern Time on Friday, October 28, 2005.

    Docket Numbers: ER04-127-004.
    Applicants: FPL Energy Green Power Wind, LLC.
    Description: FPL Energy Green Power Wind LLC submits changes to its
Market-based Rate Tariff to include the Change of Status language
promulgated in Order 652.
    Filed Date: October 7, 2005.
    Accession Number: 20051012-0009.
    Comment Date: 5 p.m. Eastern Time on Friday, October 28, 2005.

    Docket Numbers: ER05-1266-002; ER99-2602-004; ER96-1947-017.
    Applicants: LS Power Development, LLC.
    Description: LS Power Development, LLC on behalf of Onetelaunee
Power Operating Co, LLC informs FERC of a change in status with regards
to the characteristics that FERC previously relied upon in granting the
LSP Entities market based rate authority.
    Filed Date: October 7, 2005.
    Accession Number: 20051012-0006.
    Comment Date: 5 p.m. Eastern Time on Friday, October 28, 2005.

    Docket Numbers: ER06-15-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc and Midwest ISO submit
revisions to the Joint Operating Agreement & the Congestion Management
Process, effective December 1, 2005.
    Filed Date: October 6, 2005.
    Accession Number: 20051011-0091.
    Comment Date: 5 p.m. Eastern Time on Thursday, October 27, 2005.

    Docket Numbers: ER06-17-000.
    Applicants: New England Participating Transmission Owner.
    Description: New England Participating Transmission Owners submits
a proposal to modify the Regional Network Service rates set forth in
the ISO New England, Inc. Open Access Transmission Tariff.
    Filed Date: October 7, 2005.
    Accession Number: 20051012-0001.
    Comment Date: 5 p.m. Eastern Time on Friday, October 28, 2005.

    Docket Numbers: ER06-18-000.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest Independent Transmission System Operator, Inc
submits proposed revisions to the Open Access Transmission and Energy
Markets Tariff re its Cost Allocation Policy, effective February 4,
2006.
    Filed Date: Octoberr 7, 2005.
    Accession Number: 20051012-0168.
    Comment Date: 5 p.m. Eastern Time on Friday, October 28, 2005.

    Docket Numbers: ER06-27-000; ER05-1083-001; ER04-691-063; EL04-104-
060.
    Applicants: Midwest Independent Transmission System Operator, Inc.
    Description: Midwest ISO Transmission Owners submits revisions to
Schedule 24 of the Midwest Independent Transmission System Operator,
Inc., Open Access Transmission & Energy Markets Tariff pursuant to
FERC's August 5, 2005 Order.
    Filed Date: October 4, 2005.
    Accession Number: 20051013-0016.
    Comment Date: 5 p.m. Eastern Time on Tuesday, October 25, 2005.

    Docket Numbers: ER99-3553-000; ER03-170-000; ER05-1396-001.
    Applicants: American Ref-Fuel Company of Essex County

    Convanta Essex Company.
    Description: Covanta Essex Co submits the revised Original Sheets 1
and 6 to the tariff of its August 26, 2005 filing which have been
modified as a result of name change.
    Filed Date: October 7, 2005.
    Accession Number: 20051012-0005.
    Comment Date: 5 p.m. Eastern Time on Friday, October 28, 2005.

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

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

Magalie R. Salas,
Secretary.
 [FR Doc. E5-5803 Filed 10-20-05; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: December 10, 2008 (Volume 73, Number 238)]
[Notices]
[Page 75123]
[DOCID:fr10de08-69]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[FEMA-1810-DR]

California; Amendment No. 2 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration
for the State of California (FEMA-1810-DR), dated November 18, 2008,
and related determinations.

DATES: Effective Date: November 28, 2008.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance
Directorate, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that the incident
period for this disaster is closed effective November 28, 2008.

The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050, Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.

R. David Paulison,
Administrator, Federal Emergency Management Agency.
[FR Doc. E8-29159 Filed 12-9-08; 8:45 am]

BILLING CODE 9111-23-P


[Federal Register Volume 81, Number 129 (Wednesday, July 6, 2016)]
[Notices]
[Pages 44015-44016]
[FR Doc No: 2016-15944]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #2

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

    Docket Numbers: ER10-2531-006.
    Applicants: Cedar Creek Wind Energy, LLC.
    Description: Notice of Non-Material Change in Status of Cedar Creek
Wind Energy, LLC.
    Filed Date: 6/29/16.
    Accession Number: 20160629-5150.
    Comments Due: 5 p.m. ET 7/20/16.

    Docket Numbers: ER16-711-002; ER14-1317-006; ER10-2538-006.
    Applicants: Pio Pico Energy Center, LLC, Panoche Energy Center,
LLC, Sunshine Gas Producers, LLC.
    Description: Notice of Change in Status and Triennial Compliance
Filing for the Southwest Region of Pio Pico Energy Center, LLC, et al.
    Filed Date: 6/29/16.
    Accession Number: 20160629-5175.
    Comments Due: 5 p.m. ET 8/29/16.

    Docket Numbers: ER16-999-002.
    Applicants: Greenleaf Energy Unit 1 LLC.
    Description: Notice of Non-Material Change in Status of Greenleaf
Energy Unit 1 LLC.

    Filed Date: 6/28/16.
    Accession Number: 20160628-5283.
    Comments Due: 5 p.m. ET 7/19/16.

    Docket Numbers: ER16-999-003.
    Applicants: Greenleaf Energy Unit 1 LLC.
    Description: Triennial Update for Southwest Region of Greenleaf
Energy Unit 1 LLC.
    Filed Date: 6/28/16.
    Accession Number: 20160628-5285.
    Comments Due: 5 p.m. ET 8/29/16.

    Docket Numbers: ER16-2062-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 2045R5 Westar Energy, Inc.
NITSA and NOA to be effective 9/1/2016.
    Filed Date: 6/29/16.
    Accession Number: 20160629-5063.
    Comments Due: 5 p.m. ET 7/20/16.

    Docket Numbers: ER16-2063-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 2390R4 Westar Energy, Inc.
NITSA and NOA (Herington) to be effective 9/1/2016.
    Filed Date: 6/29/16.
    Accession Number: 20160629-5070.
    Comments Due: 5 p.m. ET 7/20/16.

    Docket Numbers: ER16-2064-000.
    Applicants: Southern California Edison Company.
    Description: Sec.  205(d) Rate Filing: Amended LGIA NextEra Blythe
Solar Energy Center, LLC--Dracker Project to be effective 6/30/2016.
    Filed Date: 6/29/16.
    Accession Number: 20160629-5076.
    Comments Due: 5 p.m. ET 7/20/16.

    Docket Numbers: ER16-2065-000.
    Applicants: Otter Tail Power Company.
    Description: Sec.  205(d) Rate Filing: Notice of Termination of
Service Agreement for Ancillary Services for Otter Tail to be effective
5/12/2016.
    Filed Date: 6/29/16.
    Accession Number: 20160629-5077.
    Comments Due: 5 p.m. ET 7/20/16.

    Docket Numbers: ER16-2066-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 2491R4 Westar Energy, Inc.
NITSA and NOA (Scranton) to be effective 9/1/2016.
    Filed Date: 6/29/16.
    Accession Number: 20160629-5082.
    Comments Due: 5 p.m. ET 7/20/16.

    Docket Numbers: ER16-2067-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 1890R5 Westar Energy, Inc.
NITSA and NOA (Moran) to be effective 9/1/2016.
    Filed Date: 6/29/16.
    Accession Number: 20160629-5083.
    Comments Due: 5 p.m. ET 7/20/16.

    Docket Numbers: ER16-2067-001.
    Applicants: Southwest Power Pool, Inc.
    Description: Tariff Amendment: 1890R5 Westar Energy, Inc. NITSA and
NOA (Moran) to be effective 9/1/2016.
    Filed Date: 6/29/16.
    Accession Number: 20160629-5180.
    Comments Due: 5 p.m. ET 7/20/16.

    Docket Numbers: ER16-2068-000.
    Applicants: PJM Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: First Revised Service
Agreement No. 4288; Queue No. AB1-064 to be effective 6/1/2016.
    Filed Date: 6/29/16.
    Accession Number: 20160629-5089.
    Comments Due: 5 p.m. ET 7/20/16.

    Docket Numbers: ER16-2069-000.
    Applicants: MidAmerican Energy Company.
    Description: Sec.  205(d) Rate Filing: Market-Based Rate Tariff--
5th Rev. to be effective 6/30/2016.
    Filed Date: 6/29/16.
    Accession Number: 20160629-5127.
    Comments Due: 5 p.m. ET 7/20/16.

    Docket Numbers: ER16-2070-000.
    Applicants: Southwest Power Pool, Inc.
    Description: Sec.  205(d) Rate Filing: 1978R5 Westar Energy, Inc.
NITSA and NOA (Toronto) to be effective 9/1/2016.
    Filed Date: 6/29/16.
    Accession Number: 20160629-5130.
    Comments Due: 5 p.m. ET 7/20/16.

    Docket Numbers: ER16-2071-000.
    Applicants: Innovative Solar 43, LLC.
    Description: Baseline eTariff Filing: Innovative Solar 43, LLC MBR
Tariff to be effective 6/30/2016.
    Filed Date: 6/29/16.
    Accession Number: 20160629-5155.
    Comments Due: 5 p.m. ET 7/20/16.

    Docket Numbers: ER16-2072-000.
    Applicants: PacifiCorp.
    Description: Tariff Cancellation: Termination of BPA Construction
Agmt (USBR Green Springs R1) to be effective 8/29/2016.
    Filed Date: 6/29/16.
    Accession Number: 20160629-5170.
    Comments Due: 5 p.m. ET 7/20/16.

    Docket Numbers: ER16-2073-000.
    Applicants: Shell Energy North America (US), L.P.
    Description: Market-Based Triennial Review Filing: Southwest
Triennial & 819 Revisions to be effective 6/30/2016.
    Filed Date: 6/29/16.
    Accession Number: 20160629-5191.
    Comments Due: 5 p.m. ET 8/29/16.
    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: June 29, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-15944 Filed 7-5-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 44 (Tuesday, March 9, 2021)]
[Rules and Regulations]
[Pages 13448-13449]
[FR Doc No: 2021-04068]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 401, 404, 413, 414, 415, 417, 420, 431, 433, 435, 437,
440, 450, and 460

[Docket No. FAA-2019-0229; Amdt. No(s). 401-9; 404-7, 413-12, 414-4,
415-7, 417-6, 420-9, 431-7, 433- 3, 435-5, 437-3, 440-5, 450-2, and
460-3]
RIN 2120-AL17

Streamlined Launch and Reentry License Requirements

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

ACTION: Final rule; delay of effective date.

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

SUMMARY: In accordance with the memorandum of January 20, 2021, from
the Assistant to the President and Chief of Staff, titled ``Regulatory
Freeze Pending Review,'' the Department delays the effective date of
the final rule, titled ``Streamlined Launch and Reentry License
Requirements,'' until March 21, 2021.

DATES: As of March 9, 2021, the March 10, 2021 effective date of the
final rule published on December 10, 2020, at 85 FR 79566, is delayed
to March 21, 2021.

FOR FURTHER INFORMATION CONTACT: For technical questions concerning
this action, contact Randy Repcheck, Office of Commercial Space
Transportation, Federal Aviation Administration, 800 Independence
Avenue SW, Washington, DC 20591; telephone<PHONE_NUMBER>; email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Electronic Access and Filing

    A copy of the ``Streamlined Launch and Reentry License
Requirements'' notice of proposed rulemaking (NPRM) (84 FR 15296, April
15, 2019), all comments received, the final rule, and all background
material may be viewed online at http://www.regulations.gov using the
docket number listed above. A copy of this final rule will also be
placed in the docket. Electronic retrieval help and guidelines are
available on the website. It is available 24 hours each day, 365 days
each year. An electronic copy of this document may also be downloaded
from the Office of the Federal Register's website at http://www.ofr.gov
and the Government Publishing Office's website at http://www.gpo.gov.

Background

    On January 20, 2021, the Assistant to the President and Chief of
Staff issued a memorandum titled, ``Regulatory Freeze Pending Review.''
The memorandum requested that the heads of executive departments and
agencies (agencies) take steps to ensure that the President's
appointees or designees have the opportunity to review any new or
pending rules. With respect to rules published in the Federal Register,
but not yet effective, the memorandum asked that agencies consider
postponing the rules' effective dates for 60 days from the date of the
memorandum (i.e., March 21, 2021) for the purpose of reviewing any
questions of fact, law, and policy the rules may raise.
    In accordance with this direction, the FAA has decided to delay the
March 10, 2021 effective date of the final rule, titled ``Streamlined
Launch and Reentry License Requirements'' (RIN 2120-AL17), until March
21, 2021. This final rule will streamline and increase flexibility in
the FAA's commercial space launch and reentry regulations, and remove
obsolete requirements It will also consolidate and revise multiple
regulatory parts and apply a single set of licensing and safety
regulations across several types of operations and vehicles. Finally,
the rule will describe the requirements to obtain a vehicle operator
license, the safety requirements, and the terms and conditions of a
vehicle operator license.
    The delay in the rule's effective date will afford the President's
appointees or designees an opportunity to review the rule and will
allow for consideration of any questions of fact, law, or policy that
the rule may raise before it becomes effective.

Waiver of Rulemaking and Delayed Effective Date

    Under the Administrative Procedure Act (APA) (5 U.S.C. 553), the
FAA generally offers interested parties the opportunity to comment on
proposed regulations and publishes rules not less than 30 days before
their effective dates. However, the APA provides that an agency is not
required to conduct notice-and-comment rulemaking or

delay effective dates when the agency, for good cause, finds that the
requirement is impracticable, unnecessary, or contrary to the public
interest (5 U.S.C. 553(b)(B) and (d)(3)). There is good cause to waive
both of these requirements here as they are impracticable. A delay in
the effective date of the final rule, titled ``Streamlined Launch and
Reentry License Requirements,'' is necessary for the President's
appointees and designees to have adequate time to review the rule
before it takes effect, and neither the notice and comment process nor
the delayed effective date could be implemented in time to allow for
this review.

    Issued in Washington, DC, under the authority in 49 U.S.C.
106(f) and 51 U.S.C. Chapter 509, on February 22, 2021.
Steve Dickson,
Administrator.
[FR Doc. 2021-04068 Filed 3-8-21; 8:45 am]
BILLING CODE 4910-13-P


                 EPA ICR No. 0575.16; OMB Control No. 2070-0004

                                 ATTACHMENT 2

                       Health and Safety Data Reporting

                                  40 CFR 716

                      TITLE 40--PROTECTION OF ENVIRONMENT

            CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

                  PART 716 - HEALTH AND SAFETY DATA REPORTING

Sec. 716.1  Scope and compliance.

(a) This subpart sets forth requirements for the submission of lists and copies of health and safety studies on chemical substances and mixtures selected for priority consideration for testing rules under section 4(a) of the Toxic Substances Control Act (TSCA) and on other chemical substances and mixtures for which EPA requires health and safety information in fulfilling the purposes of TSCA.

(b) Section 15(3) of TSCA makes it unlawful for any person to fail or refuse to submit information required under this subpart. Section 16 provides that a violation of section 15 renders a person liable to the United States for a civil penalty and possible criminal prosecution. Under section 17, the district courts of the United States have jurisdiction to restrain any violation of section 15.

Sec. 716.3  Definitions.

The definitions in section 3 of TSCA apply to this subpart. In addition, the following definitions are provided for the purposes of this subpart:

Byproduct means a chemical substance produced without a separate commercial intent during the
manufacture, processing, use, or disposal of another chemical substance(s) or mixture(s).

Co-product means a chemical substance produced for a commercial purpose during the manufacture, processing, use, or disposal of another chemical substance(s) or mixture(s).

Copy of study means the written presentation of the purpose and methodology of a study and its results.

EPA means the United States Environmental Protection Agency.

Health and safety study or study means any study of any effect of a chemical substance or mixture on health or the environment or on both, including underlying data and epidemiological studies, studies of occupational exposure to a chemical substance or mixture, toxicological, clinical, and ecological or other studies of a chemical substance or mixture, and any test performed under TSCA.

(1) It is intended that the term health and safety study be interpreted broadly. Not only is information which arises as a result of a formal, disciplined study included, but other information relating to the effects of a chemical substance or mixture on health or the environment is also included. Any data that bear on the effects of a chemical substance on health or the environment would be included. Chemical identity is part of, or underlying data to, a health and safety study.

(2) Examples are:

(i) Long- and short-term tests of mutagenicity, carcinogenicity, or teratogenicity; data on behavioral disorders; dermatoxicity; pharmacological effects; mammalian absorption, distribution, metabolism, and excretion; cumulative, additive, and synergistic effects; and acute, subchronic, and chronic effects.

(ii) Tests for ecological or other environmental effects on invertebrates, fish, or other animals, and plants, including: Acute toxicity tests, chronic toxicity tests, critical life-stage tests, behavioral tests, algal growth tests, seed germination tests, plant growth or damage tests, microbial function tests, bioconcentration or bioaccumulation tests, and model ecosystem (microcosm) studies.

(iii) Assessments of human and environmental exposure, including workplace exposure, and impacts of a particular chemical substance or mixture on the environment, including surveys, tests, and studies of: Biological, photochemical, and chemical degradation; structure/activity relationships; air, water, and soil transport; biomagnification and bioconcentration; and chemical and physical properties, e.g., boiling point, vapor pressure, evaporation rates from soil and water, octanol/water partition coefficient, and water solubility.

(iv) Monitoring data, when they have been aggregated and analyzed to measure the exposure of humans or the environment to a chemical substance or mixture.

Import means to import for commercial purposes.

Import for commercial purposes means to import with the purpose of obtaining an immediate or eventual commercial advantage for the importer, and includes the importation of any amount of a chemical substance or mixture. If a chemical substance or mixture containing impurities is imported for commercial purposes, then those impurities are also imported for commercial purposes.

Importer means any person who imports a chemical substance, including a chemical substance as a part of a mixture or article, into the customs territory of the United States and includes the person primarily liable for the payment of any duties on the merchandise or an authorized agent acting on his behalf (as defined in 19 CFR 1.11). Importer also includes, as appropriate:

(1) The consignee.

(2) The importer of record.

(3) The actual owner, if an actual owner's declaration and superseding bond has been filed in accordance with 19 CFR 141.20.
(4) The transferee, if the right to draw merchandise in a bonded warehouse has been transferred in accordance with subpart C of 19 CFR part 144. For the purpose of this definition, the customs territory of the United States consists of the 50 States, Puerto Rico, and the District of Columbia.

Impurity means a chemical substance which is unintentionally present with another chemical substance.

Listed mixture means any mixture listed in Sec. 716.120.

Manufacture means to manufacture for commercial purposes.

Manufacture for commercial purposes means: (1) To produce, with the purpose of obtaining an immediate or eventual commercial advantage for the manufacturer, and includes among other things such "manufacture" of any amount of a chemical substance or mixture:

(i) For commercial distribution, including for test marketing.

(ii) For use by the manufacturer, including use for product research and development, or as an intermediate.

(2) Manufacture for commercial purposes also applies to substances that are produced coincidentally during the manufacture, processing, use, or disposal of another substance or mixture, including byproducts and impurities. Such byproducts and impurities may, or may not, in themselves have commercial value. They are nonetheless produced for the purpose of obtaining a commercial advantage since they are part of the manufacture of a chemical product for a commercial purpose.

Manufacturer means a person who produces or manufactures a chemical substance. A person who extracts a component chemical substance from a previously existing chemical substance or a complex combination of substances is a manufacturer of that component chemical substance.

Person includes any individual, firm, company, corporation, joint-venture, partnership, sole proprietorship, association, or any other business entity, any State or political subdivision thereof, any municipality, any interstate body, and any department, agency, or instrumentality of the Federal government.

Process means to process for commercial purposes.

Process for commercial purposes means the preparation of a chemical substance or mixture, after its manufacture, for distribution in commerce with the purpose of obtaining an immediate or eventual commercial advantage for the processor. Processing of any amount of a chemical substance or mixture is included. If a chemical substance or mixture containing impurities is processed for commercial purposes, then those impurities are also processed for commercial purposes.

Propose to manufacture, import, or process means that a person has made a management decision to commit financial resources toward the manufacture, importation, or processing of a substance or mixture.

Substance means chemical substance as defined at section 3(2)(A) of TSCA, 15 U.S.C. 2602(2)(A).

TSCA means the Toxic Substances Control Act (15 U.S.C. 2601 et seq.).

Sec. 716.5   Persons who must report.

(a) Except as provided in paragraphs (b) and (c) of this section, only those persons described in this section are required to report under this part. Persons who must report include manufacturers (including importers) who fall within the North American Industry Classification System (NAICS) (in effect as of January 1, 1997) Subsector 325 (chemical manufacturing and allied products) or Industry Group 32411 (petroleum refineries), who:

(1) In the 10 years preceding the effective date on which a substance or mixture is added to Sec.716.120, either had proposed to manufacture (including import), or had manufactured (including imported) the listed substance or listed mixture (including as a known byproduct), are required to report during the reporting period specified in Sec.716.65.

(2) As of the effective date on which a substance or mixture is added to Sec. 716.120, and who propose to manufacture (including import), or who are manufacturing (including importing) the listed substance or listed mixture (including as a known byproduct), are required to report during the reporting period specified in Sec.716.65.

(3) After the effective date on which a substance or mixture is added to Sec. 716.120, and who propose to manufacture (including import) the listed substance or listed mixture (including as a known byproduct), are required to report during the reporting period specified in Sec. 716.65.

(b) A rule promulgated under the authority of 15 U.S.C. 2607(d) may require that any person who does not fall within NAICS (in effect as of January 1, 1997) Subsector 325 or Industry Group 32411, and who had proposed to manufacture (including import) or process, had manufactured (including imported) or processed, proposes to manufacture (including import) or process, or is manufacturing (including importing) or processing a substance or mixture listed in Sec. 716.120 must report under this part.

(c) Processors and persons who propose to process a substance or mixture otherwise subject to the reporting requirements imposed by this part are not subject to this part unless EPA specifically states otherwise in a particular notice or rule promulgated under the authority of 15 U.S.C. 2607(d).

[63 FR 15773, Apr. 1, 1998]

Sec. 716.10  Studies to be reported.

(a) In general, health and safety studies, as defined in Sec. 716.3, on any substance or listed mixture listed in Sec. 716.120, that are unpublished are reportable, i.e., must be submitted or listed. However, this requirement has limitations according to the nature of the material studied, so that:
(1) All studies of substances and listed mixtures are reportable. However, in the case of physical and chemical properties, only those studies listed in Sec. 716.50 must be submitted.

(2) Studies of mixtures known to contain substances or listed mixtures listed in Sec. 716.120 are reportable except for studies of physical and chemical properties and the studies exempted at Sec. 716.20(a)(6) (i) through (vi).

(3) Studies of substances or listed mixtures that a person who is reporting has manufactured, imported, or processed or proposed to manufacture, import, or process only as impurities are not generally reportable under Sec. 716.20(a)(9).

(4) Underlying data, such as medical or health records, individual files, lab notebooks, and daily monitoring records supporting studies do not have to be submitted initially. EPA may request underlying data later under Sec. 716.40.

(b) [Reserved]

Sec. 716.20  Studies not subject to the reporting requirements.

(a) Excluding paragraph (a)(3) of this section, the following types of studies are exempt from the copy and list submission requirements of Sections 716.30 and 716.35.

(1) Studies which have been published in the scientific literature.

(2) Studies previously submitted to the EPA Office of Pollution Prevention and Toxics. These studies are limited to section 8(e) submissions, studies submitted during section 4 proceedings, studies submitted with premanufacture notices or significant new use notices, and studies submitted "for your information" (FYI submissions) in support of EPA's TSCA Existing Chemicals Program. Studies which have been initiated pursuant to a TSCA section 4(a) test rule, for which the person has submitted a letter of intent to conduct testing in accordance with the provisions of Sec. 790.25 of part 790 of this chapter, are exempt from the list submission requirements of Sec. 716.35.

(3) Except for those studies described in paragraph (a)(2) of this section, studies previously submitted to any Federal agency with no claims of confidentiality are exempt only from the copy submission requirements of Sec. 716.30, and must be listed in accordance with the provisions of Sec. 716.35.

(4) Studies conducted or initiated by or for another person who is subject to, and who will report the studies under Sections 716.30 and 716.35.

(5) Studies of chemical substances which are not on the TSCA Chemical Substances Inventory. This exemption applies only to those substances within categories listed under Sec. 716.120(c).

(6) The following types of studies when the subject of the study is a mixture known to contain a substance or listed mixture listed under Sec. 716.120.

(i) Acute oral toxicity studies.

(ii) Acute dermal toxicity studies.

(iii) Acute inhalation toxicity studies.

(iv) Primary eye irritation studies.

(v) Primary dermal irritation studies.

(vi) Dermal sensitization studies.

(vii) Physical and chemical properties. If the substance or listed mixture is an impurity, no reporting is required (see paragraph (a)(9) of this section).

(7) Analyzed aggregations of monitoring data based on monitoring data acquired more than 5 years preceding the date the substance or listed mixture was added to the list under Sec. 716.120.

(8) Analyzed aggregations of monitoring data on mixtures known to contain one or more substances or listed mixtures listed in Sec. 716.120, when the monitoring data are not analyzed to determine the exposure or concentration levels of the substances or listed mixture listed under Sec. 716.120.

(9) Studies on a substance or listed mixture listed under Sec. 716.120 that the person who is reporting has manufactured, imported, or processed or proposed to manufacture, import, or process only as an impurity. When reporting of such studies is to be required, that reporting will be separately proposed in the Federal Register.

(10) Studies of chemical substances or listed mixtures previously submitted by trade associations in accordance with the provisions of Sec. 716.30.

(b) The following types of studies on substances or listed mixtures listed under Sec. 716.120 are exempt from the copy and list submission requirements of Sections 716.30 and 716.35.

(1) For the listed ureaformaldehyde resins (CAS Nos. 9011-05-6 and 68611-64-3), studies on agronomic plant growth or damage which demonstrate only that the resins stimulate plant growth or cause plant damage when applied as a fertilizer.

(2) For the specified chemicals in Sec. 716.120(d) under the category "Siloxanes," acute oral, dermal, and inhalation toxicity studies and primary eye and dermal irritation studies.

(3) For the listed chemicals under Sec. 716.120(d) in the category "OSHA Chemicals in Need of Dermal Absorption Testing," studies on ecological effects.

(4) For the chemicals listed at Sec. 716.120 with a special exemption referencing this paragraph, studies on mixtures containing the listed substance at levels below 1 percent of the mixture, except when a purpose of the study includes the investigation of the effects of the listed substance at levels below 1 percent.

(5) Rulemaking proceedings that add substances and mixtures to Sec. 716.120 will specify the types of health and/or environmental effects studies that must be reported and will specify the chemical grade/purity requirements that must be met or exceeded in individual studies. Chemical grade/purity requirements will be specified on a per chemical basis or for a category of chemicals for which reporting is required.

[51 FR 32726, Sept. 15, 1986, as amended at 58 FR 47649, Sept. 10, 1993; 58 FR 68315, Dec. 27, 1993; 60 FR 34884, July 5, 1995; 63 FR 15773, Apr. 1, 1998]

Sec. 716.25   Adequate file search.

The scope of a person's responsibility to search records is limited to records in the location(s) where the required information is typically kept, and to records kept by the person or the person's individual employee(s) who is/are responsible for keeping such records or advising the person on the health and environmental effects of chemicals. Persons are not required to search for reportable information dated before January 1, 1977, to comply with this subpart unless specifically required to do so in a rule.

[63 FR 15773, Apr. 1, 1998]

Sec. 716.30  Submission of copies of studies.

(a)(1) Except as provided in Sections 716.5, 716.20, and 716.50, persons must send to EPA copies of any health and safety studies in their possession for the substances or mixtures listed in Sec. 716.120. Persons are responsible for submitting copies on only the substances or listed mixtures which they: Have manufactured, imported, or processed or proposed to manufacture, import, or process (including as known byproducts) within the 10 years preceding the effective date for reporting on the substances or listed mixtures; manufacture, import, or process on the effective date for reporting on the substances or listed mixtures; and propose to manufacture, import, or process following the effective date for reporting on the substances or listed mixtures. Persons who list studies as ongoing or initiated under Sec. 716.35(a) (1) and (2) must submit them when they are completed.

(2) [Reserved]

(b) Submissions under paragraph (a) of this section must be identified either on the face of the study or otherwise by the applicable chemical name and CAS number (if any) listed in Sec. 716.120(a) (1) and (2), and must be accompanied by a cover letter containing the name, job title, address and telephone number of the submitting official, and the name and address of the manufacturing or processing establishment on whose behalf the submission is made. In the cover letter, submitters must identify any impurity or additive known to have been present in the substance or listed mixtures as studied unless its presence is specifically noted in the study itself. The cover letter accompanying a study submitted by a trade association must also state that the submission is to satisfy reporting requirements under this part.

(c) Copies of health and safety studies and the accompanying cover letters must be submitted, preferably by certified mail, to the Document Control Office (7407), Office of Pollution Prevention and Toxics, U.S. Environmental Protection Agency, Room G-099, 1200 Pennsylvania Ave., NW., Washington, DC 20460, ATTN: 8(d) Health and Safety Reporting Rule (Notification/Reporting).

[51 FR 32726, Sept. 15, 1986, as amended at 52 FR 20084, May 29, 1987; 52 FR 44828, Nov. 20, 1987; 53 FR 12523, Apr. 15, 1988; 60 FR 34463, July 3, 1995; 63 FR 15773, Apr. 1, 1998]

Sec. 716.35  Submission of lists of studies.

(a) Except as provided in Sections 716.5, 716.20, and 716.50, persons subject to this rule must send lists of studies to EPA for each of the listed substances or listed mixtures (including as a known byproduct) in Sec. 716.120 which they are manufacturing, importing, or processing, or which they propose to manufacture (including import) or process.

(1) Ongoing studies. As of the date a person becomes subject to this part, a list of ongoing health and safety studies being conducted by or initiated for them, noting for each entry: The beginning date of the study, the purpose of the study, the types of data to be collected, the anticipated date of completion, and the name and address of the laboratory conducting the study.

(2) Initiated studies. After the date a person becomes subject to this part, a list of studies initiated by or for them, noting for each entry: The beginning date of the study, the purpose of the study, the types of data to be collected, the anticipated date of completion, and the name and address of the laboratory conducting the study.

(3) Studies which are known but without possession of copies. As of the date a person becomes subject to this part, a list of unpublished health and safety studies known to them of which they do not have copies. The name and address of any person known to them to possess a copy of the unpublished study must accompany each entry on the list. For purposes of this section only, an unpublished study will be considered to be "known to" a person, if the study can be discovered by a file search in accordance with Sec. 716.25.

(4) Studies previously sent to Federal agencies without confidentiality claims. A list of unpublished studies which have been sent to a Federal Agency with no claims of confidentiality. The submission must for each study: Identify the study by title, state the name and address to whom the study was sent, and the month and year in which the study was submitted. Any study identified will be treated as if it were submitted under section 8(d) and will be available for public disclosure under section 14(b) of TSCA. Persons subject to this requirement may submit either a list of unpublished health and safety studies previously submitted to any Federal agency without claims of confidentiality in accordance with Sec. 716.35(a)(4), or copies of each such study in accordance with Sec. 716.30.
(b) Submission under paragraph (a) of this section must be identified either on the face of the study or otherwise by the applicable chemical name and CAS number (if any) listed in Sec. 716.120(a) (1) and (2), and must be accompanied by a cover letter containing the name, job title, address and telephone numbers of the submitting official, and the name and address of the manufacturing or processing establishment on whose behalf the submission is made.

(c) Lists of health and safety studies should be submitted, preferably by certified mail, to the Document Control Office (7407), Office of Pollution Prevention and Toxics, U.S. Environmental Protection Agency, Room G-099, 1200 Pennsylvania Ave., NW., Washington, DC 20460, ATTN: 8(d) Health and Safety Reporting Rule (Notification Reporting).

[51 FR 32726, Sept. 15, 1986, as amended at 52 FR 20084, May 29, 1987; 52 FR 44828, Nov. 20, 1987; 53 FR 12523, Apr. 15, 1988; 53 FR 46746, Nov. 18, 1988; 60 FR 34463, July 3, 1995; 63 FR 15774, Apr. 1, 1998]

Sec. 716.40  EPA requests for submission of further information.

EPA may, by letter, request a person to submit or make available for review the following information after the initial reporting under Sections 716.30 and 716.35. If the requested submissions are not made, EPA may subpoena them under section 11 of TSCA, 15 U.S.C. 2610.

(a) Submission of underlying data of the kind described in Sec. 716.10(a)(4) by persons who submit copies of studies under Sec. 716.30 or list studies under Sec. 716.35(a)(1) or Sec. 716.35(a)(2).

(b) Submission of preliminary reports of ongoing studies by persons who list the studies under
Sec. 716.35(a)(1) or Sec. 716.35(a)(2).

(c) Submission of copies of studies by persons listed under Sec. 716.35(a)(3) as possessing them.

Sec. 716.45  How to report on substances and mixtures.

Section 716.120 lists substances and mixtures, in order by Chemical Abstract Service Registry Number and by alphabetical order. Studies of listed substances and listed mixtures shall be reported as follows:

(a) When a substance is individually listed under Sec. 716.120(a), studies of the substance and studies of mixtures known to contain the substance must be reported as studies of that substance.

(b) When two or more substances are listed as a mixture under Sec. 716.120(b), studies of the listed mixture and studies of any mixture known to contain the listed mixture must be reported as studies of the listed mixture.

(c) Studies of the following preparations of a substance must be reported as studies of the substance itself, not as studies of mixtures known to contain the substance.
(1) The substance in aqueous solution.

(2) The substance containing a small amount of an additive, such as a stabilizer, emulsifier, or other chemical added for purposes of maintaining the integrity or physical form of the substance.

(3) The substance of the grade/purity specified in each rule promulgated under 15 U.S.C. 2607(d).

[51 FR 32726, Sept. 15, 1986, as amended at 63 FR 15774, Apr. 1, 1998]

Sec. 716.50  Reporting physical and chemical properties.

Studies of physical and chemical properties must be reported under this subpart if performed for the purpose of determining the environmental or biological fate of a substance, and only if they investigated one or more of the following properties:

(a) Water solubility.

(b) Adsorption/desorption on particulate surfaces, e.g., soil.

(c) Vapor pressure.

(d) Octanol/water partition coefficient.

(e) Density/relative density (specific gravity).

(f) Particle size distribution for insoluble solids.

(g) Dissociation constant.

(h) Degradation by photochemical mechanisms -- aquatic and atmospheric.

(i) Degradation by chemical mechanisms -- hydrolytic, reductive, and oxidative.

(j) Degradation by biological mechanisms -- aerobic and anaerobic.

Sec. 716.55  Confidentiality claims.

(a)(1) Section 14(b) of TSCA provides that EPA may not withhold from disclosure, on the grounds that they are confidential business information, health and safety studies of any substance or mixture that has been offered for commercial distribution (including for test marketing purposes and for use in research and development), any substance or mixture for which testing is required under TSCA section 4, or any substance for which notice is required under TSCA section 5, except to the extent that disclosure of data from such studies would reveal --
(i) Processes used in the manufacturing, importing, or processing of the substance or mixture, or

(ii) The portion of a mixture comprised by any of the substances in the mixture.

(2) Any respondent who wishes to assert a claim that part of a study should be withheld from disclosure because disclosure would reveal a confidential process or quantitative mixture composition should briefly state the basis of the claim, e.g., by saying "reveals confidential mixture proportion data," and clearly identify the material subject to the claim.

(3) Any respondent may assert a confidentiality claim for company name or address, financial statistics, and product codes used by a company. This information will not be subject to the disclosure requirements of section 14(b) of TSCA.

(4) Information other than company name or address, financial statistics, and product codes used by a company, which is contained in a study, the disclosure of which would clearly be an unwarranted invasion of personal privacy (such as individual medical records), will be considered confidential by EPA as provided in Title 5, United States Code, section 552(b)(6).

(b) To assert a claim of confidentiality for data contained in a submitted document, the respondent must submit two copies of the document:

(1) One copy must be complete. In that copy, the respondent must indicate what data, if any, are claimed as confidential by bracketing or underlining the specific information. Each page containing data claimed as confidential must also contain a brief statement for the basis of the claim as well as a label such as "confidential," "proprietary," or "trade secret."

(2) The second copy must be complete, except that all information claimed as confidential in the first copy must be deleted. The second copy will be immediately subject to public disclosure.

(3) Failure to furnish a second copy when information is claimed as confidential in the first copy will be considered a presumptive waiver of the claim of confidentiality. EPA will notify the respondent by certified mail that a finding of a presumptive waiver of the claim of confidentiality has been made. The respondent will be given 30 days from the date of his or her receipt of this notification to submit the required second copy. If the respondent fails to submit the second copy within the 30 days, EPA will place the first copy in the public file.

(c) If no claim of confidentiality accompanies a document at the time it is submitted to EPA, the document will be placed in an open file available to the public without further notice to the respondent.

Sec. 716.60  Reporting schedule.

(a) General requirements. Except as provided in Sec. 716.5 and paragraphs (b) and (c) of this section, submissions under Sections 716.30 and 716.35 must be postmarked on or before 60 days after the effective date of the listing of a substance or mixture in Sec. 716.120 or within 60 days of proposing to manufacture (including import) or process a listed substance or listed mixture (including as a known byproduct) if first done after the effective date of the substance or mixture being listed in Sec. 716.120.

(b)(1) Submission of lists of initiated studies. Persons subject to the listing requirements of Sec. 716.35(a)(2) must inform EPA of the initiated study within 30 days of its initiation.

(2) Submission of copies of completed studies. Persons must submit copies of studies listed as ongoing or initiated under Sec. 716.35(a) (1) and (2) within 30 days of completing the study.

(c) Requests for extensions of time. Respondents who cannot meet a deadline under this section may apply for a reasonable extension of time. Requests for extensions must be in writing and addressed to the Director, Office of Pollution Prevention and Toxics (7401), U.S. Environmental Protection Agency, Room E-539, 1200 Pennsylvania Ave., NW., Washington, DC 20460, ATTN: Section 8(d) extension. Extension requests must be postmarked on or before 40 days after the effective date of the listing of a substance or mixture in Sec. 716.120. The Director of EPA's Office of Pollution Prevention and Toxics will grant or deny extension requests.

[51 FR 32726, Sept. 15, 1986, as amended at 60 FR 34464, July 3, 1995; 63 FR 15774, Apr. 1, 1998]

Sec. 716.65   Reporting period.

Unless otherwise required in a rule promulgated under 15 U.S.C. 2607(d) relating to a listed chemical substance or listed mixture [hereinafter "rule"], the reporting period for a listed chemical substance or listed mixture will terminate 60 days after the effective date on which the listed chemical substance or listed mixture is added to 40 CFR 716.120. EPA may require reporting for a listed chemical substance or listed mixture beyond the 60 day period in a rule promulgated under 15 U.S.C. 2607(d), however EPA will not extend any reporting period later than 2 years after the effective date on which a listed chemical substance or listed mixture is added to 40 CFR 716.120. After the applicable reporting period terminates, any person subject to the rule under 40 CFR 716.5 (a)(2) or (a)(3) and who has submitted to EPA lists of ongoing or initiated studies under 40 CFR 716.35 (a)(1) or (a)(2) must submit a copy of any such study within 30 days after its completion, regardless of the study's completion date.

[63 FR 15774, Apr. 1, 1998]

Sec. 716.105  Additions of substances and mixtures to which this subpart applies.

The requirements of this subpart will be extended periodically to cover additional substances and mixtures. Two procedures will be used to add substances and mixtures.

(a) Except as provided in paragraph (b) of this section, substances and mixtures will be added to Sec. 716.120 after publication in the Federal Register of a notice of proposed amendment to this subpart. There will be at least a 30-day public comment period on the notice. After consideration of the comments, EPA will amend Sec. 716.120 by final rule to add the substances and listed mixtures.

(b) Except as provided in paragraph (c) of this section, chemical substances, mixtures, and categories of chemical substances that have been added to the TSCA section 4(e) Priority List by the Interagency Testing Committee, established under section 4 of TSCA, will be added to Sec. 716.120 but only to the extent that the total number of designated and recommended substances, mixtures and categories of chemical substances has not exceeded 50 in any 1 year. The addition of such chemical substances, mixtures, and categories of chemical substances to Sec. 716.120 will be effective 30 days after publication of a notice to that effect in the Federal Register.

(c) Prior to the effective date of an amendment under paragraph (b) of this section, the Assistant Administrator for Prevention, Pesticides and Toxic Substances may for good cause withdraw a chemical substance, mixture, or category of chemical substances from Sec. 716.120. Any information submitted showing why a chemical substance, mixture, or category of chemical substances should be withdrawn from the amendment must be received by EPA within 14 days after the date of publication of the notice under paragraph (b) of this section. If a chemical substance, mixture, or category of chemical substances is withdrawn, a Federal Register notice announcing this decision will be published no later than the effective date of the amendment under paragraph (b) of this section. Persons who wish to submit information that shows why a chemical should be withdrawn must address their comments, in writing to the Document Control Office (7407), Office of Pollution Prevention and Toxics, U.S. Environmental Protection Agency, Room G-099, 1200 Pennsylvania Ave., NW., Washington, DC 20460, ATTN: 8(d) Auto-ITC.

[51 FR 32726, Sept. 15, 1986, as amended at 60 FR 34464, July 3, 1995]


[Federal Register: March 16, 2006 (Volume 71, Number 51)]
[Notices]
[Page 13649]
[DOCID:fr16mr06-93]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-53462; File No. SR-Phlx-2005-70]

Self-Regulatory Organizations; Philadelphia Stock Exchange, Inc.;
Order Approving Proposed Rule Change Relating to the Deletion of Phlx
Rule 454

March 9, 2006.
    On November 9, 2005, the Philadelphia Stock Exchange, Inc.
(``Phlx'' or ``Exchange''), filed with the Securities and Exchange
Commission (``Commission'') a proposed rule change pursuant to Section
19(b)(1) of the Securities Exchange Act of 1934 (``Act'') \1\ and Rule
19b-4 thereunder,\2\ to delete Phlx Rule 454, ``Limitations on
Members'' Trading Because of Options, etc.'' The proposed rule change
was published for comment in the Federal Register on February 6,
2006.\3\ The Commission received no comments regarding the proposal.
This order approves the proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\  See Securities Exchange Act Release No. 53188 (January 30,
2006), 71 FR 6122.
---------------------------------------------------------------------------

    The Phlx proposes to delete Phlx Rule 454, which prohibits a
member, while on the floor, from initiating the purchase or sale of a
security on the Exchange for the member's own account or a related
account if the member or a related account holds or has granted an
over-the counter option on the security. The Phlx notes that it adopted
Phlx Rule 454 in 1935.\4\
---------------------------------------------------------------------------

    \4\  See Securities Exchange Act Release No. 13016 (November 29,
1976), 41 FR 53383 (December 6, 1976) (order approving File No. SR-
Phlx-76-15) (amending Phlx Rule 454 to permit a Phlx member to trade
an underlying security on the Phlx if the member has purchased or
sold a listed option on the underlying security).
---------------------------------------------------------------------------

    After careful review, the Commission finds that the proposed rule
change is consistent with the requirements of the Act and the rules and
regulations thereunder applicable to a national securities exchange.\5\
In particular, the Commission finds that the proposed rule change is
consistent with Section 6(b)(5) of the Act,\6\ which requires, among
other things, that the rules of a national securities exchange be
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 a national
market system and, in general, to protect investors and the public
interest. The Commission believes that the deletion of Phlx Rule 454 is
consistent with Section 6(b)(5) of the Act because the Phlx now has in
place comprehensive surveillance and oversight procedures designed to
monitor trading in options and their underlying securities.
---------------------------------------------------------------------------

    \5\ In approving this proposal, the Commission has considered
the proposed rule's impact on efficiency, competition, and capital
formation. See 15 U.S.C. 78c(f).
    \6\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\7\ that the proposed rule change (SR-Phlx-2005-70) is approved.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\8\
---------------------------------------------------------------------------

    \8\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Nancy M. Morris,
Secretary.
 [FR Doc. E6-3804 Filed 3-15-06; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 79, Number 28 (Tuesday, February 11, 2014)]
[Notices]
[Pages 8238-8239]
[FR Doc No: 2014-02865]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2013-0128]

Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations
(CFR), this document provides the public notice that by a document
dated October 9, 2013, the National Railroad Passenger Corporation
(Amtrak) has petitioned the Federal Railroad Administration (FRA) for a
waiver of compliance from certain provisions of the Federal railroad
safety regulations contained at 49 CFR chapter II, subtitle B . The
request was assigned Docket Number FRA-2013-0128.
    Amtrak would like to increase Acela trainset maximum authorized
speeds (MAS) on its Northeast Corridor (NEC) in limited locations (in
Rhode Island from Kingston Milepost 154.3 to Warwick Milepost 171.7)
from 150 mph to 160 mph. As part of this gradual process to safely
increase Acela speeds, Amtrak is requesting permission from FRA to
permanently waive certain provisions of 49 CFR Chapter II, Subtitle B,
particularly the provisions of the Advanced Civil Speed Enforcement
System (ACSES) Final Order of Particular Applicability, which was
issued on July 22, 1998 [FRA Docket No. 87-2, Notice No.7], for this
single location.
    In 1998, FRA issued an Order of Particular Applicability requiring
all trains operating on the NEC between New Haven, CT, and Boston, MA
(NEC-North End), to be equipped to respond to Amtrak's ACSES as a
supplement to its Automatic Train Control (ATC) system. In response,
Amtrak installed a system designed to enforce civil speed restrictions,
both permanent and temporary, and to enforce a positive stop at
interlocking home signals. This system was installed and placed in
service beginning in 2000 with the startup of premium Acela service. At
the same time that ACSES was installed, additional cab signal codes and
aspects were provided to support higher speed operations for civil
speed enforcement. The combination of ACSES and the existing ATC
system, supported by the underlying traffic control system, provided
the core requirements of a Positive Train Control system. The ATC
system enforces all speeds associated with the signal system preventing
train-to-train collisions (49 CFR 236.1005(a)(1)(i)), and the ACSES
system prevents trains from passing stop signals at interlocking home
signals. ACSES enforces all permanent civil speed restrictions and
temporary restrictions (slow orders), thereby preventing overspeed
derailments (49 CFR 236.1005(a)(1)(ii)). With time, improvements have
been made to the initial ACSES configuration to expedite train
movements at home signals and obviate the need for placement of
temporary transponders. The current configuration of this technology is
known as ACSES II.
    As part of its risk and hazard assessment, Amtrak recognizes that
the safety of the signal and train control system must be established.
ACSES and Amtrak's nine-aspect cab signal/ATC system are presently
configured to enforce relevant signals, as well as permanent and
temporary speed restrictions, by equipment class. Modifications to the
transponder database will be required and existing transponders will be
reprogrammed through the affected area. It will be necessary to
demonstrate that both systems function as intended through testing
designed to validate and verify the modifications. This includes
reading transponders and receiving cab signal code at the higher
speeds. Furthermore, analysis and testing will be required to associate
stopping distances from MAS with existing signal spacing based on all
relevant factors. Amtrak will initially seek to gain approval of a test
plan for this activity under 49 CFR 236.1035.

When the test plan has been successfully completed, Amtrak will make
the necessary filings under 49 CFR Part 263 (Subpart I) to obtain
safety certification of the newly configured system. Amtrak assumes
that successful completion of this work will be a condition on any
relief provided under this request becoming effective.
    This initial step of modifying the provisions of the ACSES Final
Order of Particular Applicability will allow Amtrak the ability to
collect relevant real-time data as it demonstrates that its Acela
operation at a MAS of 160 mph is safe and viable. Amtrak is hoping that
increased MAS for Acela service will make better use of limited
resources while reducing trip times for NEC riders and will help to
build ridership and market share.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment, they should notify FRA, in
writing, before the end of the comment period and specify the basis for
their request.
    All communications concerning these proceedings should identify the
appropriate docket number (e.g., Waiver Petition Docket Number FRA-
2013-0128) and may be submitted by any of the following methods:
     Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received by March 28, 2014 will be considered by FRA
before final action is taken. Comments received after that date will be
considered as far as practicable.
    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the comment (or signing the document,
if submitted on behalf of an association, business, labor union, etc.).
See http://www.regulations.gov/#!privacyNotice for the privacy notice
of regulations.gov or interested parties may review DOT's complete
Privacy Act Statement in the Federal Register published on April 11,
2000 (65 FR 19477).

Robert C. Lauby,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2014-02865 Filed 2-10-14; 8:45 am]
BILLING CODE 4910-06-P