[Federal Register Volume 76, Number 16 (Tuesday, January 25, 2011)]
[Notices]
[Page 4360]
[FR Doc No: 2011-1530]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2010-N-0370]

Draft Guidance for Industry: Questions and Answers Regarding
Implementation of the Menu Labeling Provisions of Section 4205 of the
Patient Protection and Affordable Care Act of 2010; Withdrawal of Draft
Guidance

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice; withdrawal.

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SUMMARY: The Food and Drug Administration (FDA) is announcing the
withdrawal of a draft guidance entitled ``Draft Guidance for Industry:
Questions and Answers Regarding Implementation of the Menu Labeling
Provisions of Section 4205 of the Patient Protection and Affordable
Care Act of 2010'' dated August 2010, that was announced in the Federal
Register of August 25, 2010. FDA now intends to complete the notice and
comment rulemaking process for the Patient Protection and Affordable
Care Act of 2010 (hereinafter ``section 4205'') before initiating
enforcement activities based, in part, on extensive comments on the
draft guidance submitted to the Agency. FDA believes that this approach
to implementing section 4205 will minimize uncertainty and confusion
among all interested persons.

DATES: The withdrawal is effective January 25, 2011.

FOR FURTHER INFORMATION CONTACT: Geraldine A. June, Center for Foods
Safety and Applied Nutrition (HFS-820), Food and Drug Administration,
5100 Paint Branch Pkwy., College Park, MD 20740,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: In a notice published in the Federal
Register of August 25, 2010 (75 FR 52426), FDA announced the
availability of a draft guidance entitled ``Draft Guidance for
Industry: Questions and Answers Regarding Implementation of the Menu
Labeling Provisions of Section 4205 of the Patient Protection and
Affordable Care Act of 2010.'' As stated in the draft guidance, certain
provisions of section 4205 became requirements immediately upon
enactment of the law. FDA recognized that industry may need additional
guidance from the Agency and time to comply with these provisions. As a
result, FDA stated that it expected to refrain from initiating
enforcement action against establishments that are subject to, but not
in compliance with, the provisions of section 4205 that became
requirements immediately upon enactment of the law until a time period
established in the draft guidance. FDA also stated that it anticipated
issuing the guidance in December 2010.
    Based, in part, on extensive comments on the draft guidance
submitted to the Agency, FDA now intends to complete the notice-and-
comment rulemaking process for section 4205 before initiating
enforcement activities. As noted in the draft guidance, FDA is required
to issue proposed regulations to carry out provisions of section 4205
no later than March 23, 2011. FDA intends to meet this statutory
deadline. In the course of developing the proposed rule, the Agency has
considered the comments received on the draft guidance. FDA will then
review the comments it receives on the proposed rule and issue a final
rule expeditiously.
    FDA believes that this approach to implementing section 4205 will
minimize uncertainty and confusion among all interested persons. The
Agency also believes that expeditious completion of the rulemaking
process will most rapidly lead to full and consistent availability of
the newly required nutrition information for consumers.
    For these reasons, FDA is at this time withdrawing the draft
guidance entitled ``Draft Guidance for Industry: Questions and Answers
Regarding Implementation of the Menu Labeling Provisions of Section
4205 of the Patient Protection and Affordable Care Act of 2010.''

    Dated: January 20, 2011.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2011-1530 Filed 1-21-11; 12:00 pm]
BILLING CODE 4160-01-P


[Federal Register Volume 80, Number 216 (Monday, November 9, 2015)]
[Notices]
[Pages 69259-69261]
[FR Doc No: 2015-28400]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76329; File No. SR-EDGX-2015-51]

Self-Regulatory Organizations; EDGX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend
Rules 3.22, Proxy Voting, and 13.3, Forwarding of Proxy and Other
Issuer Materials

November 3, 2015.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on October 23, 2015, EDGX Exchange, Inc. (the ``Exchange'' or
``EDGX'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the Exchange. The Exchange
has designated this proposal as a ``non-controversial'' proposed rule
change pursuant to Section 19(b)(3)(A) of the Act \3\ and Rule 19b-
4(f)(6)(iii) thereunder,\4\ which renders it effective upon filing with
the Commission. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6)(iii).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange filed a proposal to restructure and amend Rules 3.22,
Proxy Voting, and 13.3, Forwarding or [sic] Proxy and other Issuer
Materials, to conform to the rules of BATS Exchange, Inc. (``BZX'') and
BATS Y-Exchange, Inc. (``BYX'').\5\
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    \5\ See BYX and BZX Rule 13.3.
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    The text of the proposed rule change is available at the Exchange's
Web site at www.batstrading.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    In early 2014, the Exchange and its affiliate, EDGA Exchange, Inc.
(``EDGA'') received approval to effect a merger (the ``Merger'') of the
Exchange's parent company, Direct Edge Holdings LLC, with BATS Global
Markets, Inc., the parent of BZX and the BATS Y-Exchange, Inc.
(``BYX'', together with BZX, EDGA and EDGX, the ``BGM Affiliated
Exchanges'').\6\ In the context of the Merger, the BGM Affiliated
Exchanges are working to align their rules, retaining only intended
differences between the BGM Affiliated Exchanges.
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    \6\ See Securities Exchange Act Release No. 71449 (January 30,
2014), 79 FR 6961 (February 5, 2014) (SR-EDGX-2013-43; SR-EDGA-2013-
34).
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    The Exchange provisions regarding proxy delivery and voting are
currently included in two separate rules--Rule 3.22 governing proxy
voting, and Rule 13.3 governing the forwarding of proxy and other
issuer related materials. Conversely, BZX and BYX rules consolidate
their proxy delivery and voting requirements into a single rule, Rule
13.3. Thus, the Exchange proposes to restructure and amend Rules 3.22,
Proxy Voting, and 13.3, Forwarding or Proxy and other Issuer Materials,
to conform to the corresponding rules of BYX and BZX in order to
provide a consistent rule set across each of the BGM Affiliated
Exchanges.\7\
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    \7\ The Exchange notes that EDGA intends to file an identical
proposal with the Commission to restructure and amend its Rules
3.22. Proxy Voting, and 13.3, Forwarding or Proxy and other Issuer
Materials, to conform to BYX and BZX Rules 13.3.
---------------------------------------------------------------------------

    In sum, Rule 3.22 limits the circumstances in which a Member may
vote a proxy without instructions from beneficial owners while Rule
13.3 requires Members to transmit proxy materials and other
communications to beneficial owners of securities. The Exchange notes
the provisions of Exchange Rules 3.22 and 13.3 are substantially
similar to BYX and BZX Rules 13.3 which also limits the circumstances
in which a Member may vote a proxy and requires Members to transmit
proxy materials to beneficial owners of securities. Nonetheless, the
Exchange proposes to consolidate its proxy rules into a single Rule
13.3 with minor revisions to make the rule identical to the
corresponding BYX and BZX Rules 13.3. Each of these revisions are
discussed below.
    First, the Exchange proposes to number the current text of Rule
13.3 as paragraph (a) with the following modification: Remove reference
to Rule 3.22 regarding the definition of ``designated investment
adviser'' under Interpretation and Policy .01 as that rule is to be
relocated to Rule 13.3 as described below.
    Second, the Exchange proposes to relocate Rule 3.22, Proxy Voting,
in its entirety to Rule 13.3 as follows:
     Rule 3.22(a) would be renumbered as Rule 13.3(b) with a
revision to subsections (ii) and (iii) to include the phrase ``such
proxy is given'' in order to mirror BZX and BYX Rules 13.3(b). The rule
would continue to prohibit Members from giving a proxy to vote stock
that is registered in its name, unless: (i) Such Member is the
beneficial owner of such stock; (ii) such proxy is given pursuant to
the written instructions of the beneficial owner; or (iii) such proxy
is given pursuant to the rules of any national securities exchange or
association of which it is a member provided that the records of the
Member clearly indicate the procedure it is following.
     Rule 3.22(b) would be renumbered as Rule 13.3(c) with a
revision to replace a reference to ``SEC'' with ``Commission'' in order
to mirror BZX and BYX Rules 13.3(c).
     Rule 3.22(c) would be renumbered as Rule 13.3(d) with a
revision to replace a reference to ``Rule 13.3'' with paragraph (a) of
this Rule as the current text of Rule 13.3 is proposed to be numbered
as paragraph (a). As amended, Rule 13.3(d) would mirror BZX and BYX
Rules 13.3(d).
     Interpretation and Policies to Rule 3.22 would be
relocated in its entirety to Rule 13.3 with no changes.
    Other than as described above, the Exchange does not propose any
additional changes to the relocated text of Rule 3.22. As amended,
Exchange

Rule 13.3 would be identical to BYX and BZX Rules 13.3. The Exchange
believes that the changes described above will help avoid confusion
amongst Members of the Exchange that are also members of EDGA, BYX, and
BZX by adopting identical rules across the BGM Affiliated Exchanges
with regard to proxy delivery and beneficial owner voting.
2. Statutory Basis
    The Exchange believes that the proposed rule changes are consistent
with the requirements of the Act and the rules and regulations
thereunder that are applicable to a national securities exchange, and,
in particular, with the requirements of Section 6(b) of the Act.\8\
Specifically, the proposed changes are consistent with Section 6(b)(5)
of the Act,\9\ because they are designed 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. None of these
changes alter the Exchange's current proxy delivery and voting
requirements. Rather, as mentioned above, the proposed rule changes,
combined with the planned filing for EDGA, would allow the BGM
Affiliated Exchanges to provide an identical set of rules as it relates
to proxy delivery and voting. Consistent rules, in turn, will simplify
the regulatory requirements for Members of the Exchange that are also
participants on EDGA, BYZ and/or BZX. The proposed rule change would
provide greater harmonization between rules of similar purpose on the
BGM Affiliated Exchanges, resulting in greater uniformity and less
burdensome and more efficient regulatory compliance and understanding
of Exchange Rules. As such, the proposed rule change would foster
cooperation and coordination with persons engaged in facilitating
transactions in securities and would remove impediments to and perfect
the mechanism of a free and open market and a national market system.
Similarly, the Exchange also believes that, by harmonizing the rules
across each BGM Affiliated Exchange, the proposal will enhance the
Exchange's ability to fairly and efficiently regulate its Members,
meaning that the proposed rule change would promote just and equitable
principles of trade in accordance with Section 6(b)(5) of the Act.\10\.
[sic] Finally, the Exchange believes that the non-substantive changes
discussed above will contribute to the protection of investors and the
public interest by helping to avoid confusion with respect to Exchange
Rules.
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    \8\ 15 U.S.C. 78f(b).
    \9\ 15 U.S.C. 78f(b)(5).
    \10\ Id.
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. To the contrary, allowing the
Exchange to implement identical rules across each of the BGM Affiliated
Exchanges does not present any competitive issues, but rather is
designed to provide greater harmonization among Exchange, BZX, BYX, and
EDGA rules of similar purpose. The proposed rule change should,
therefore, result in less burdensome and more efficient regulatory
compliance as well as a better understanding of Exchange Rules for
common members of the BGM Affiliated Exchanges.

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

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

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

    Because the foregoing proposed rule change does not: (A)
Significantly affect the protection of investors or the public
interest; (B) impose any significant burden on competition; and (C)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \11\ and paragraph
(f)(6) of Rule 19b-4 thereunder.\12\
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    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written
notice of its intent to file the proposed rule change, along with a
brief description and the text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission.
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is: (1)
Necessary or appropriate in the public interest; (2) for the protection
of investors; or (3) otherwise in furtherance of the purposes of the
Act. If the Commission takes such action, the Commission shall
institute proceedings to determine whether the proposed rule should be
approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-EDGX-2015-51 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-EDGX-2015-51. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-EDGX-2015-51, and should be
submitted on or before November 30, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
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    \13\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2015-28400 Filed 11-6-15; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 114 (Monday, June 15, 2015)]
[Proposed Rules]
[Page 34109]
[FR Doc No: 2015-14303]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2014-0198; Airspace Docket No. 14-AGL-8]

Proposed Amendment of Class E Airspace; South Dakota

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM); withdrawal.

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SUMMARY: This action withdraws the NPRM published in the Federal
Register on May 6, 2014, proposing to amend Class E airspace in the
State of South Dakota. The FAA has determined that withdrawal of the
NPRM is warranted as additional analysis is needed.

DATES: The proposed rule published May 6, 2014 (79 FR 25755) is
withdrawn as of June 15, 2015.

FOR FURTHER INFORMATION CONTACT: Raul Garza, Jr., Central Service
Center, Operations Support Group, Federal Aviation Administration,
Southwest Region, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone:
817-222-4075.

SUPPLEMENTARY INFORMATION: An NPRM was published in the Federal
Register of May 6, 2014 (79 FR 25755) to amend Title 14 Code of Federal
Regulations (14 CFR) part 71 by amending Class E Airspace extending
upward from 1,200 feet above the surface in the State of South Dakota,
to enable Minneapolis ARTCC to have greater latitude to use radar
vectors and/or altitude changes that would provide a more efficient use
of airspace within the NAS. Additional analysis is needed; therefore
the NPRM is being withdrawn.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Withdrawal

    In consideration of the foregoing, the NPRM for FR Doc. FAA-2014-
0198, Airspace Docket No. 14-AGL-8, as published in the Federal
Register of May 6, 2014 (79 FR 25755) (FR Doc. 2014-10335) is hereby
withdrawn.

     Authority: 49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854; 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

    Issued in Fort Worth, TX, on May 26, 2015.
Robert W. Beck,
Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2015-14303 Filed 6-12-15; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 136 (Thursday, July 16, 2015)]
[Rules and Regulations]
[Pages 42046-42050]
[FR Doc No: 2015-16921]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R03-OAR-2014-0902; FRL-9930-24-Region 3]

Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Redesignation Request and Associated Maintenance Plan for
the Johnstown Nonattainment Area for the 1997 Annual and 2006 24-Hour
Fine Particulate Matter Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving the
Commonwealth of Pennsylvania's request to redesignate to attainment the
Johnstown Nonattainment Area (Johnstown Area or Area) for the 1997
annual and 2006 24-hour fine particulate matter (PM2.5)
national ambient air quality standard (NAAQS or standard). EPA has
determined that the Johnstown Area attained both the 1997 annual and
2006 24-hour PM2.5 NAAQS. In addition, EPA is approving as a
revision to the Pennsylvania State Implementation Plan (SIP) the
associated maintenance plan to show

maintenance of the 1997 annual and 2006 24-hour PM2.5 NAAQS
through 2025 for the Johnstown Area. The maintenance plan includes the
2017 and 2025 PM2.5 and nitrogen oxides (NOX)
mobile vehicle emissions budgets (MVEBs) for the Johnstown Area for the
1997 annual and 2006 24-hour PM2.5 NAAQS, which EPA is
approving for transportation conformity purposes. Furthermore, EPA is
approving the 2007 base year emissions inventory included in the
maintenance plan for the Johnstown Area for both NAAQS. These actions
are being taken under the Clean Air Act (CAA).

DATES: This final rule is effective on July 16, 2015.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2014-0902. All documents in the docket are listed in
the www.regulations.gov Web site. Although listed in the electronic
docket, some information is not publicly available, i.e., confidential
business information (CBI) or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy for public inspection during normal business hours at the Air
Protection Division, U.S. Environmental Protection Agency, Region III,
1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State
submittal are available at the Pennsylvania Department of Environmental
Protection, Bureau of Air Quality Control, P.O. Box 8468, 400 Market
Street, Harrisburg, Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT: Rose Quinto at<PHONE_NUMBER>, or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On December 3, 2014, the Commonwealth of Pennsylvania, through the
Pennsylvania Department of Environmental Protection (PADEP), formally
submitted a request to redesignate the Johnstown Area from
nonattainment to attainment for the 1997 annual and 2006 24-hour
PM2.5 NAAQS. Concurrently, PADEP submitted a maintenance
plan for the Johnstown Area as a SIP revision to ensure continued
attainment throughout the Johnstown Area over the next 10 years. The
maintenance plan includes the 2017 and 2025 PM2.5 and
NOX MVEBs for the Area for the 1997 annual and 2006 24-hour
PM2.5 NAAQS, which EPA is approving for transportation
conformity purposes. PADEP also submitted a 2007 comprehensive
emissions inventory that was included in the maintenance plan for the
1997 annual and 2006 24-hour PM2.5 NAAQS for NOX,
sulfur dioxide (SO2), volatile organic compounds (VOC), and
ammonia (NH3).
    On April 23, 2015 (80 FR 22672), EPA published a notice of proposed
rulemaking (NPR) for Pennsylvania. In the NPR, EPA proposed approval of
Pennsylvania's December 3, 2014 request to redesignate the Johnstown
Area to attainment for the 1997 annual and 2006 24-hour
PM2.5 NAAQS. EPA also proposed approval of the associated
maintenance plan as a revision to the Pennsylvania SIP for the 1997
annual and 2006 24-hour PM2.5 NAAQS. The maintenance plan
included the 2017 and 2025 PM2.5 and NOX MVEBs
for both NAAQS which EPA proposed to approve for purposes of
transportation conformity. In addition, EPA proposed approval of the
2007 emissions inventory also included in the maintenance plan for the
Johnstown Area for both NAAQS to meet the emissions inventory
requirement of section 172(c)(3) of the CAA.
    The details of Pennsylvania's submittal and the rationale for EPA's
proposed actions are explained in the NPR and will not be restated
here. No adverse public comments were received on the NPR.

II. Final Actions

    EPA is taking final actions on the redesignation request and SIP
revisions submitted on December 3, 2014 by the Commonwealth of
Pennsylvania for the Johnstown Area for the 1997 annual and 2006 24-
hour PM2.5 NAAQS. First, EPA finds that the monitoring data
demonstrates that the Area has attained the 1997 annual and 2006 24-
hour PM2.5 NAAQS, and continues to attain both NAAQS.
Second, EPA is approving Pennsylvania's redesignation request for the
1997 annual and 2006 24-hour PM2.5 NAAQS, because EPA has
determined that the request meets the redesignation criteria set forth
in section 107(d)(3)(E) of the CAA for both NAAQS. Approval of this
redesignation request will change the official designation of the
Johnstown Area from nonattainment to attainment for the 1997 annual and
2006 24-hour PM2.5 NAAQS. Third, EPA is approving the
associated maintenance plan for the Johnstown Area as a revision to the
Pennsylvania SIP for the 1997 annual and 2006 24-hour PM2.5
NAAQS because it meets the requirements of section 175A of the CAA. The
maintenance plan includes the 2017 and 2025 PM2.5 and
NOX MVEBs submitted by Pennsylvania for the Johnstown Area
for transportation conformity purposes. In addition, EPA is approving
the 2007 emissions inventory for the Johnstown Area as meeting the
requirement of section 172(c)(3) of the CAA for both NAAQS.
    In accordance with 5 U.S.C. 553(d), EPA finds there is good cause
for this rulemaking action to become effective immediately upon
publication. A delayed effective date is unnecessary due to the nature
of a redesignation to attainment, which eliminates CAA obligations that
would otherwise apply. The immediate effective date for this rulemaking
action is authorized under both 5 U.S.C. 553(d)(1), which provides that
rulemaking actions may become effective less than 30 days after
publication if the rule ``grants or recognizes an exemption or relieves
a restriction,'' and section 553(d)(3), which allows an effective date
less than 30 days after publication ``as otherwise provided by the
agency for good cause found and published with the rule.'' The purpose
of the 30-day waiting period prescribed in section 553(d) is to give
affected parties a reasonable time to adjust their behavior and prepare
before the final rule takes effect. This rulemaking action, however,
does not create any new regulatory requirements such that affected
parties would need time to prepare before the rule takes effect.
Rather, this rulemaking action relieves the Commonwealth of
Pennsylvania of the obligation to comply with nonattainment-related
planning requirements for the Johnstown Area pursuant to part D of the
CAA and approves certain emissions inventories and MVEBs for the
Johnstown Area. For these reasons, EPA finds good cause under 5 U.S.C.
553(d) for this rulemaking action to become effective on the date of
publication.

III. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, redesignation of an area to attainment and the
accompanying approval of the maintenance plan under CAA section
107(d)(3)(E) are actions that affect the status of a geographical area
and do not impose any additional regulatory requirements on sources
beyond those required by state law. A redesignation to attainment does
not in and of itself impose any new requirements, but rather results in
the application of requirements contained in the CAA for areas that
have been redesignated to

attainment. Moreover, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by September 14, 2015. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action.
    This action, approving the redesignation request and maintenance
plan for the Johnstown Area for the 1997 annual and 2006 24-hour
PM2.5 NAAQS and the comprehensive emissions inventory for
the Johnstown Area for both NAAQS, may not be challenged later in
proceedings to enforce its requirements. See section 307(b)(2).

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen oxides, Particulate matter, Reporting and
recordkeeping requirements, Sulfur dioxide, Volatile organic compounds.

40 CFR Part 81

    Air pollution control, National parks, Wilderness areas.

    Dated: June 25, 2015.
Shawn M Garvin,
 Regional Administrator, Region III.

    40 CFR parts 52 and 81 are amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart NN--Pennsylvania

0
2. In Sec.  52.2020, the table in paragraph (e)(1) is amended by adding
an entry for ``1997 Annual and 2006 24-Hour PM2.5
Maintenance Plan and 2007 Base Year Emissions Inventory'' at the end of
the table to read as follows:

Sec.  52.2020  Identification of plan.

* * * * *
    (e) * * *
    (1) * * *

----------------------------------------------------------------------------------------------------------------
   Name of non-regulatory SIP          Applicable      State submittal                            Additional
            revision                geographic area          date        EPA Approval date       explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
1997 Annual and 2006 24-Hour      Johnstown Area.....         12/3/14   7/16/15 [Insert      See Sec.
 PM2.5 Maintenance Plan and 2007                                         Federal Register     52.2036(w) and
 Base Year Emissions Inventory.                                          citation].           Sec.   52.2059(r).
----------------------------------------------------------------------------------------------------------------

* * * * *

0
3. Section 52.2036 is amended by adding and reserving paragraph (v) and
adding paragraph (w) to read as follows:

Sec.  52.2036  Base year emissions inventory.

* * * * *
    (v) [Reserved]
    (w) EPA approves as a revision to the Pennsylvania State
Implementation Plan the 2007 base year emissions inventory for the
Johnstown 1997 annual and 2006 24-hour fine particulate matter
(PM2.5) nonattainment area submitted by the Pennsylvania
Department of

Environmental Protection on December 3, 2014. The emissions inventory
includes emissions estimates that cover the general source categories
of point, area, nonroad, and onroad sources. The pollutants that
comprise the inventory are PM2.5, nitrogen oxides
(NOX), volatile organic compounds (VOCs), ammonia
(NH3), and sulfur dioxide (SO2).

0
4. Section 52.2059 is amended by adding and reserving paragraph (q) and
adding paragraph (r) to read as follows:

Sec.  52.2059  Control strategy: Particular matter.

* * * * *
    (q) [Reserved]
    (r) EPA approves the maintenance plan for the Johnstown
nonattainment area for the 1997 annual and 2006 24-hour
PM2.5 National Ambient Air Quality Standards (NAAQS)
submitted by the Commonwealth of Pennsylvania on December 3, 2014. The
maintenance plan includes the 2017 and 2025 PM2.5 and
NOX mobile vehicle emissions budgets (MVEBs) to be applied
to all future transportation conformity determinations and analyses for
the Johnstown nonattainment area for the 1997 annual and 2006 24-hour
PM2.5 NAAQS.

  Johnstown Area's Motor Vehicle Emission Budgets for the 1997 Annual and 2006 24-Hour PM2.5 NAAQS for Cambria
                                             County in Tons per Year
----------------------------------------------------------------------------------------------------------------
                                                                                Effective date
         Type of control strategy SIP                Year            PM2.5            NOX        of SIP approval
----------------------------------------------------------------------------------------------------------------
Maintenance Plan..............................            2017           62.79        1,707.03           7/16/15
                                                          2025           46.71        1,077.46           7/16/15
----------------------------------------------------------------------------------------------------------------

  Johnstown Area's Motor Vehicle Emission Budgets for the 1997 Annual and 2006 24-Hour PM2.5 NAAQS for Indiana
                                        County (Partial) in Tons per Year
----------------------------------------------------------------------------------------------------------------
                                                                                Effective date
         Type of control strategy SIP                Year            PM2.5            NOX        of SIP approval
----------------------------------------------------------------------------------------------------------------
Maintenance Plan..............................            2017            7.95          238.50           7/16/15
                                                          2025            4.38          120.98           7/16/15
----------------------------------------------------------------------------------------------------------------

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
5. The authority citation for part 81 continues to read as follows:

    Authority: 42 U.S.C. 7401, et seq.

0
6. In Sec.  81.339, in the tables entitled ``Pennsylvania--1997 Annual
PM2.5 NAAQS'' and ``Pennsylvania--2006 24-Hour
PM2.5 NAAQS'' revise the entry for ``Johnstown, PA'' to read
as follows:

Sec.  81.339  Pennsylvania.

* * * * *

                                      Pennsylvania--1997 Annual PM2.5 NAAQS
                                             [Primary and secondary]
----------------------------------------------------------------------------------------------------------------
                                                        Designation a                    Classification
               Designated area               -------------------------------------------------------------------
                                                   Date 1            Type            Date 2            Type
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Johnstown, PA:
    Cambria County..........................         7/16/15       Attainment
    Indiana County (part)...................         7/16/15       Attainment
Townships of West Wheatfield, Center, East
 Wheatfield, and Armagh Borough and Homer
 City Borough.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is 90 days after January 5, 2005, unless otherwise noted.
\2\ This date is July 2, 2014, unless otherwise noted.

* * * * *

                                     Pennsylvania--2006 24-Hour PM2.5 NAAQS
                                             [Primary and secondary]
----------------------------------------------------------------------------------------------------------------
                                                        Designation a                    Classification
               Designated area               -------------------------------------------------------------------
                                                   Date 1            Type            Date 2            Type
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Johnstown, PA:

    Cambria County..........................         7/16/15       Attainment
    Indiana County (part)...................         7/16/15       Attainment
Townships of West Wheatfield, Center, East
 Wheatfield, and Armagh Borough and Homer
 City Borough

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is 30 days after November 13, 2009, unless otherwise noted.
\2\ This date is July 2, 2014, unless otherwise noted.

* * * * *

[FR Doc. 2015-16921 Filed 7-15-15; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 170 (Thursday, September 1, 2011)]
[Rules and Regulations]
[Pages 54373-54374]
[FR Doc No: 2011-22347]

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

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

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

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

Federal Register / Vol. 76, No. 170 / Thursday, September 1, 2011 /
Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2010-1055; Directorate Identifier 2010-NE-35-AD;
Amendment 39-16801; AD 2011-18-19]
RIN 2120-AA64

Airworthiness Directives; Austro Engine GmbH Model E4 Diesel
Piston Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are superseding an existing airworthiness directive (AD)
for the products listed above. That AD currently requires frequent
inspections of the fuel pressure supply for excessive oscillations to
determine if high-pressure (HP) fuel pumps have been exposed to
damaging pressure oscillations. Pumps that have been exposed require
replacement before further flight. This new AD requires the initial and
repetitive inspections of AD 2010-23-09, but also requires installing
HP fuel pump part number (P/N) E4A-30-200-000, as mandatory terminating
action to the repetitive inspections. We are issuing this AD to prevent
engine power loss or in-flight shutdown, which could result in loss of
control of the airplane.

DATES: This AD is effective October 6, 2011.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of November 22,
2010 (75 FR 68179, November 5, 2010).

ADDRESSES: For service information identified in this AD, contact
Austro Engine GmbH, Rudolf-Diesel-Strasse 11, A-2700 Weiner Neustadt,
Austria, phone: +43 2622 23000; fax: +43 2622 23000-2711, or go to:
http://www.austroengine.at. You may review copies of the referenced
service information at the FAA, Engine & Propeller Directorate, 12 New
England Executive Park, Burlington, MA. 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; 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 AD, the regulatory evaluation,
any comments received, and other information. The address for the
Docket Office (phone:<PHONE_NUMBER>) is Document Management Facility,
U.S. Department of Transportation, Docket Operations, M-30, West
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: James Lawrence, Aerospace Engineer,
Engine Certification Office, FAA, Engine and Propeller Directorate, 12
New England Executive Park, Burlington, MA 01803; phone:<PHONE_NUMBER>;
fax:<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2010-23-09, Amendment 39-16498 (75 FR 68179,
November 5, 2010). That AD applies to the specified products. The NPRM
published in the Federal Register on June 9, 2011 (76 FR 33660). That
NPRM proposed to continue to require frequent inspections of the fuel
pressure supply for excessive oscillations to determine if high-
pressure fuel pumps have been exposed to damaging pressure
oscillations. That NPRM also proposed to require installing HP fuel
pump P/N E4A-30-200-000, as mandatory terminating action to the
repetitive inspections.

Comments

    We gave the public the opportunity to participate in developing
this AD. We received no comments on the NPRM.

Conclusion

    We reviewed the relevant data and determined that air safety and
the public interest require adopting the AD as proposed.

Costs of Compliance

    Based on the service information, we estimate that this AD will
affect about 32 model E4 diesel piston engines, installed on airplanes
of US registry. We also estimate that it will take about 1 work-hour
per engine to perform one inspection, and about 2 work-hours per engine
to replace the HP fuel pump. The average labor rate is $85 per work-
hour. Required parts will cost about $2,325 per product. Based on these
figures, we estimate the cost of the AD on U.S. operators to be
$82,560.

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

    (3) Will not affect intrastate aviation in Alaska, 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.

Adoption of the Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing airworthiness directive (AD)
2010-23-09, Amendment 39-16498 (75 FR 68179, November 5, 2010), and
adding the following new AD:

2011-18-19 Austro Engine GmbH: Amendment 39-16801; Docket No. FAA-
2010-1055; Directorate Identifier 2010-NE-35-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective October 6,
2011.

Affected ADs

    (b) This AD supersedes AD 2010-23-09, Amendment 39-16498 (75 FR
68179, November 5, 2010).

Applicability

    (c) This AD applies to Austro Engine GmbH model E4 diesel piston
engines, with high-pressure (HP) fuel pump, part number (P/N) E4A-
30-100-000, installed.

Unsafe Condition

    (d) This AD was prompted by Austro Engine GmbH introducing a new
P/N fuel pump as mandatory terminating action to the repetitive
inspections required by AD 2010-23-09, Amendment 39-16498 (75 FR
68179, November 5, 2010). We are issuing this AD to prevent engine
power loss or in-flight shutdown, which could result in loss of
control of the airplane.

Compliance

    (e) Comply with this AD within the compliance times specified,
unless already done.
    (1) Inspect the fuel pressure supply for excessive oscillations
using the inspection schedule in Table 1 of this AD.

                                          Table 1--Inspection Schedule
----------------------------------------------------------------------------------------------------------------
 Accumulated Time-Since-New (TSN)
  or Time Since Last Inspection                                   Compliance time:
             (TSLI):
----------------------------------------------------------------------------------------------------------------
45 flight hours or more..........  Within 10 flight hours after the effective date of this AD.
Fewer than 45 flight hours.......  Before 55 flight hours TSN or TSLI.
Repetitive inspections...........  Before 55 flight hours TSLI.
----------------------------------------------------------------------------------------------------------------

     (2) Use Austro Engine GmbH Work Instruction No. WI-MSB-E4-009,
dated October 7, 2010, to do the inspections.
    (3) Replace the HP fuel pump before further flight with a new HP
fuel pump, P/N E4A-30-200-000, if the oscillations exceed 300mV
(750hPa).

Mandatory Terminating Action

    (4) As mandatory terminating action to the repetitive
inspections, within 120 flight hours after the effective date of
this AD, replace the HP fuel pump, P/N E4A-30-100-000, with a HP
fuel pump, P/N E4A-30-200-000. Austro Engine GmbH Mandatory Service
Bulletin (MSB) No. MSB-E4-009/2 contains guidance on replacing the
HP fuel pump.

Installation Prohibitions

    (f) After the effective date of this AD, do not install any HP
fuel pump P/N E4A-30-100-000, onto any engine.
    (g) After the effective date of this AD, do not install any
engine equipped with HP fuel pump P/N E4A-30-100-000, onto any
airplane.

Alternative Methods of Compliance (AMOCs)

    (h) The Manager, Engine Certification Office, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19.

Related Information

    (i) Refer to MCAI European Aviation Safety Agency Airworthiness
Directive 2011-0039, dated March 8, 2011, and Austro Engine GmbH MSB
No. MSB-E4-009/2, dated March 4, 2011, for related information.
    (j) For more information about this AD, contact James Lawrence,
Aerospace Engineer, Engine Certification Office, FAA, Engine &
Propeller Directorate, 12 New England Executive Park, Burlington, MA
01803; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; e-mail:
<EMAIL_ADDRESS>
Material Incorporated by Reference

    (k) You must use Austro Engine GmbH Work Instruction No. WI-MSB-
E4-009, dated October 7, 2010, to do the inspections required by
this AD. The Director of the Federal Register approved the
incorporation by reference under 5 U.S.C. 552(a) and 1 CFR part 51,
as of November 22, 2010.
    (l) For service information identified in this AD, contact
Austro Engine GmbH, Rudolf-Diesel-Strasse 11, A-2700 Weiner
Neustadt, Austria, phone: +43 2622 23000; fax: +43 2622 23000-2711,
or go to: http://www.austroengine.at. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.
    (m) You may also review copies of the service information that
is incorporated by reference at the National Archives and Records
Administration (NARA). For information on the availability of this
material at an NARA facility, call<PHONE_NUMBER>, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Burlington, Massachusetts, on August 24, 2011.
Thomas A. Boudreau,
Acting Manager, Engine & Propeller Directorate, Aircraft Certification
Service.
[FR Doc. 2011-22347 Filed 8-31-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: December 18, 2008 (Volume 73, Number 244)]
[Notices]
[Page 77074]
[DOCID:fr18de08-109]

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

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2008-0050]

Longshoring and Marine Terminal Operations; Extension of the
Office of Management and Budget's (OMB) Approval of Information
Collection (Paperwork) Requirements

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Request for public comment; correction.

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

SUMMARY: The Occupational Safety and Health Administration (OSHA)
published a document in the Federal Register on December 8, 2008,
soliciting public comments concerning its proposal to extend the Office
of Management and Budget's (OMB) approval of the information collection
requirements specified in OSHA's Standards on Longshoring (29 CFR part
1918) and Marine Terminal Operations (29 CFR part 1917). The document
contains an incorrect OMB Control Number.

FOR FURTHER INFORMATION CONTACT: Theda Kenney, Directorate of Standards
and Guidance, OSHA, U.S. Department of Labor, Room N-3609, 200
Constitution Avenue, NW., Washington, DC 20210; telephone (202) 693-
2222.

Correction

    In the Federal Register of December 8, 2008 (73 FR 74527-74528), on
page 74528, in the first column under ``III. Proposed Actions,''
correct the line which reads: OMB Number: 1218-0106 to read: OMB
Control Number: 1218-0196.

Authority and Signature

    Thomas M. Stohler, Acting Assistant Secretary of Labor for
Occupational Safety and Health, directed the preparation of this
notice. The authority for this notice is the Paperwork Reduction Act of
1995 (44 U.S.C. 3506 et seq.) and Secretary of Labor's Order No. 5-2007
(72 FR 31159).

    Signed at Washington, DC, on December 12, 2008.
Thomas M. Stohler,
Acting Assistant Secretary of Labor for Occupational Safety and Health.
 [FR Doc. E8-30064 Filed 12-17-08; 8:45 am]

BILLING CODE 4510-26-P