[Federal Register: June 29, 2010 (Volume 75, Number 124)]
[Notices]
[Page 37432]
[DOCID:fr29jn10-65]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13351-000--Illinois]

Marseilles Land and Water Company; Marseilles Lock and Dam
Project; Notice of Proposed Restricted Service List for a Programmatic
Agreement for Managing Properties Included in or Eligible for Inclusion
in the National Register of Historic Places

June 22, 2010.
    Rule 2010 of the Federal Energy Regulatory Commission's
(Commission) Rules of Practice and Procedure provides that, to
eliminate unnecessary expense or improve administrative efficiency, the
Secretary may establish a restricted service list for a particular
phase or issue in a proceeding.\1\ The restricted service list should
contain the names of persons on the service list who, in the judgment
of the decisional authority establishing the list, are active
participants with respect to the phase or issue in the proceeding for
which the list is established.
---------------------------------------------------------------------------

    \1\ 18 CFR section 385.2010.
---------------------------------------------------------------------------

    The Commission staff is consulting with the Illinois State Historic
Preservation Officer (hereinafter, ``Illinois SHPO'') and the Advisory
Council on Historic Preservation, pursuant to section 106 of the
National Historic Preservation Act \2\ and its implementing
regulations,\3\ to develop and execute a programmatic agreement for
managing properties included in, or eligible for inclusion in, the
National Register of Historic Places at the Marseilles Lock and Dam
Project.
---------------------------------------------------------------------------

    \2\ 16 U.S.C. section 470 (2006) et seq.
    \3\ 36 CFR Part 800 (2009).
---------------------------------------------------------------------------

    The programmatic agreement, when executed by the Commission and the
Illinois SHPO, would satisfy the Commission's section 106
responsibilities for all individual undertakings carried out in
accordance with the license until the license expires or is terminated
(36 CFR 800.13[e]). The Commission's responsibilities, pursuant to
section 106 for the Marseilles Lock and Dam Project, would be fulfilled
through the programmatic agreement, which the Commission staff proposes
to develop in consultation with the interested participants listed
below. The executed programmatic agreement would be incorporated into
any order issuance.
    Marseilles Land and Water Company, as applicant for the Marseilles
Lock and Dam Project, is invited to participate in the consultation to
develop the programmatic agreement. For the purpose of commenting on
the programmatic agreement, we propose to restrict the service list for
the proposed project as follows:

John Fowler, Executive Director, Advisory Council on Historic
Preservation, The Old Post Office Building, 1100 Pennsylvania Avenue,
NW., Suite 803, Washington, DC 20004.
Anne Haaker, Deputy SHPO, Illinois Historic Preservation Agency, 1 Olde
State Capitol Plaza, Springfield, IL 62701-1512.
Ronald Deiss, Rock Island District, U.S. Department of Army Corps of
Engineers, Clock Tower Building, P.O. Box 2004, Rock Island, IL 61204-
2002.
Lee W. Mueller, Vice President, Marseilles Land and Water Company, 4132
S. Rainbow Blvd., 247, Las Vegas, NV 89103.

    Any person on the official service list for the above-captioned
proceeding may request inclusion on the restricted service list, or may
request that a restricted service list not be established, by filing a
motion to that effect within 15 days of this notice date. In a request
for inclusion, please identify the reason or reasons why there is an
interest to be included. Also, please identify any concerns about
historic properties, including properties of traditional religious and
cultural importance to a Federally recognized Tribe or Tribal
corporation that has an affiliation to the area. If historic properties
are identified within the motion, please use a separate page, and label
it NON-PUBLIC INFORMATION.
    The original and eight copies of any such motion must be filed with
Kimberly D. Bose, Secretary of the Commission, 888 First Street, NE.,
Washington, DC 20426, and must be served on each person whose name
appears on the official service list. Please put the following on the
first page: Marseilles Lock and Dam Project No. 13351-000. Motions may
be filed electronically via the Internet in lieu of paper. The
Commission strongly encourages electronic filings. See 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
(http://www.ferc.gov) under the ``e-Filing'' link.
    If no such motions are filed, the restricted service list will be
effective at the end of the 15 day period. Otherwise, a further notice
will be issued ruling on any motion or motions filed within the 15-day
period.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-15694 Filed 6-28-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 106 (Monday, June 3, 2013)]
[Proposed Rules]
[Pages 33012-33015]
[FR Doc No: 2013-13002]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0461; Directorate Identifier 2012-NM-169-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to supersede an existing airworthiness directive
(AD) that applies to certain The Boeing Company Model 747-100, 747-
100B, 747-100B SUD, 747-200B, 747-200C, 747-200F, 747-300, 747-400,
747SR, and 747SP series airplanes. The existing AD currently requires
repetitive inspections for skin cracks at the shear tie end fastener
locations of the fuselage frames, and repairing cracks if necessary.
Since we issued that AD, additional cracking has been found on an
airplane not affected by the existing AD. This proposed AD would also
require repetitively inspecting for skin cracks next to the shear tie
on airplanes with certain existing repair doublers, and corrective
actions if necessary. This proposed AD would also revise the
applicability to include additional airplanes. We are proposing this AD
to detect and correct fatigue cracks in the fuselage skin that can
propagate and grow, and result in reduced structural integrity and
sudden decompression of the airplane in flight.

DATES: We must receive comments on this proposed AD by July 18, 2013.

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 AD, contact Boeing
Commercial Airplanes, Attention: Data & Services Management, P.O. Box
3707, MC 2H-65, Seattle, WA 98124-2207; telephone<PHONE_NUMBER>,
extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com.
You may review copies of the referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton,
Washington. 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 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: Roger Caldwell, Aerospace Engineer,
Technical Operations Center, ANM-100D, FAA, Denver Aircraft
Certification Office (ACO), 26805 East 68th Avenue, Room 214, Denver,
Colorado 80249-6361; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2013-0461;
Directorate Identifier 2012-NM-169-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

    On February 27, 2009, we issued AD 2009-06-02, Amendment 39-15838
(74 FR 11013, March 16, 2009), for certain The Boeing Company Model
747-100, 747-100B, 747-100B SUD, 747-200B, 747-200C, 747-200F, 747-300,
747-400, 747SR, and 747SP series airplanes.

That AD requires inspecting for skin cracks at the shear tie end
fastener locations of the fuselage frames, and repairing cracks if
necessary. That AD resulted from a widespread fatigue damage (WFD)
assessment of Model 747 airplanes. We issued that AD to detect and
correct cracks in the fuselage skin that can propagate and grow,
resulting in a loss of structural integrity and sudden decompression of
the airplane during flight.

WFD Program

    Structural fatigue damage is progressive. It begins as minute
cracks, and those cracks grow under the action of repeated stresses.
This can happen because of normal operational conditions and design
attributes, or because of isolated situations or incidents such as
material defects, poor fabrication quality, or corrosion pits, dings,
or scratches. Fatigue damage can occur locally, in small areas or
structural design details, or globally. Global fatigue damage is
general degradation of large areas of structure with similar structural
details and stress levels. Multiple-site damage is global damage that
occurs in a large structural element such as a single rivet line of a
lap splice joining two large skin panels. Global damage can also occur
in multiple elements such as adjacent frames or stringers. Multiple-
site-damage and multiple-element-damage cracks are typically too small
initially to be reliably detected with normal inspection methods.
Without intervention, these cracks will grow, and eventually compromise
the structural integrity of the airplane, in a condition known as
widespread fatigue damage (WFD). As an airplane ages, WFD will likely
occur, and will certainly occur if the airplane is operated long enough
without any intervention.
    The FAA's WFD final rule (75 FR 69746, November 15, 2010) became
effective on January 14, 2011. The WFD rule requires certain actions to
prevent structural failure due to WFD throughout the operational life
of certain existing transport category airplanes and all of these
airplanes that will be certificated in the future. For existing and
future airplanes subject to the WFD rule, the rule requires that design
approval holders (DAHs) and applicants establish a limit of validity
(LOV) of the engineering data that support the structural maintenance
program. Operators affected by the WFD rule may not fly an airplane
beyond its LOV, unless an extended LOV is approved.
    The WFD rule does not require identifying and developing
maintenance actions if the DAHs can show that such actions are not
necessary to prevent WFD before the airplane reaches the LOV. Many
LOVs, however, do depend on accomplishment of future maintenance
actions. As stated in the WFD rule, any maintenance actions necessary
to reach the LOV will be mandated by airworthiness directives through
separate rulemaking actions.
    In the context of WFD, this action is necessary to enable DAHs to
propose LOVs that allow operators the longest operational lives for
their airplanes, and still ensure that WFD will not occur. This
approach allows for an implementation strategy that provides
flexibility to DAHs in determining the timing of service information
development (with FAA approval), while providing operators with
certainty regarding the LOV applicable to their airplanes.
    Fuselage frame shear ties, located between longitudinal stringers,
are an integral part of the load-bearing airframe structure. Cracks in
the skin at fuselage frame shear tie end fastener locations, if not
corrected, could result in cracks in the fuselage skin, which can
propagate and become large, and result in loss of structural integrity
and sudden decompression of the airplane in flight.

Actions Since Existing AD (AD 2009-06-02, Amendment 39-15838 (74 FR
11013, March 16, 2009)) Was Issued

    Since we issued AD 2009-06-02, Amendment 39-15838 (74 FR 11013,
March 16, 2009), we have received a report indicating that three skin
cracks were found on one airplane at fastener holes common to the
station (STA) 540 frame shear tie between stringer 23L and stringer
25L. The affected airplane had T-shaped shear ties in the area of the
inspection required by AD 2009-06-02, but was not included in the
applicability. Based on the reports of cracks in T-shaped shear ties,
we have determined that the unsafe condition may exist on additional
airplanes, including airplane line numbers 758 through 1419 inclusive
(except large cargo freighter airplanes).
    It has also been determined that post-repair inspections of certain
existing repair doublers are necessary.

Relevant Service Information

    We reviewed Boeing Alert Service Bulletin 747-53A2682, Revision 1,
dated May 24, 2012. For information on the procedures and compliance
times, see this service information at http://www.regulations.gov by
searching for Docket No. FAA-2013-0461.

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

    Although this proposed AD does not explicitly restate the
requirements of AD 2009-06-02, Amendment 39-15838 (74 FR 11013, March
16, 2009), this proposed AD would retain all of the requirements of AD
2009-06-02. Those requirements are referenced in the service
information identified previously, which, in turn, is referenced in
paragraph (g) of this proposed AD. This proposed AD would also require
repetitively inspecting for skin cracks next to the shear tie on
airplanes with certain existing doublers, and corrective action if
necessary. This proposed AD would also revise the applicability to
include additional airplanes. This proposed AD would require
accomplishing the actions specified in the service information
described previously.
    This proposed AD would also require that requests for approval of
alternative methods of compliance (AMOCs) be directed to the Seattle
Aircraft Certification Office.
    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.

Difference Between Proposed AD and Service Information

    The service bulletin specifies to contact the manufacturer for
instructions on how to repair certain conditions, but this proposed AD
would require repairing those conditions 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 234 airplanes of U.S.
registry. We estimate the following costs to comply with this proposed
AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost on U.S.
           Action                  Labor cost         Parts cost       Cost per product          operators
----------------------------------------------------------------------------------------------------------------
Inspection.................  30 or 49 work-hours                $0  $2,550 or $4,165 per   Up to $974,610 per
                              (depending on                          inspection cycle.      inspection cycle.
                              inspection) x $85
                              per hour = $2,550 or
                              $4,165 per
                              inspection cycle.
----------------------------------------------------------------------------------------------------------------

    We have received no definitive data that would enable us to provide
cost estimates for the on-condition actions specified in this proposed
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 have 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 that the 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 removing airworthiness directive (AD)
2009-06-02, Amendment 39-15838 (74 FR 11013, March 16, 2009), and
adding the following new AD:

The Boeing Company: Docket No. FAA-2013-0461; Directorate Identifier
2012-NM-169-AD.

(a) Comments Due Date

    The FAA must receive comments on this AD action by July 18,
2013.

(b) Affected ADs

    This AD supersedes AD 2009-06-02, Amendment 39-15838 (74 FR
11013, March 16, 2009).

(c) Applicability

    This AD applies to The Boeing Company Model 747-100, 747-100B,
747-100B SUD, 747-200B, 747-200C, 747-200F, 747-300, 747-400, 747-
400D, 747-400F, 747SR, and 747SP series airplanes, as identified in
Boeing Alert Service Bulletin 747-53A2682, Revision 1, dated May 24,
2012.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 53, Fuselage.

(e) Unsafe Condition

    This AD was prompted by an evaluation by the design approval
holder (DAH) indicating that certain fuselage frame shear ties are
subject to widespread fatigue damage (WFD). The actions were
developed to support the airplane's limit of validity (LOV) of the
engineering data that support the established structural maintenance
program. We are issuing this AD to detect and correct fatigue cracks
in the fuselage skin that can propagate and grow, and result in
reduced structural integrity and sudden decompression of the
airplane in flight.

(f) Compliance

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

(g) Repetitive Inspections

    At the applicable compliance time specified in paragraph 1.E.,
``Compliance,'' of Boeing Alert Service Bulletin 747-53A2682,
Revision 1, dated May 24, 2012, except as provided by paragraphs
(i)(1) and (i)(2) of this AD, do an external detailed or high
frequency eddy current (HFEC) inspection for skin cracks at
specified shear tie end fastener locations of the fuselage frames,
and do all applicable corrective actions, in accordance with the
Accomplishment Instructions of Boeing Alert Service Bulletin 747-
53A2682, Revision 1, dated May 24, 2012, except as required by
paragraph (i)(3) of this AD. Do all applicable corrective actions
before further flight. Repeat the external detailed or HFEC
inspection thereafter at the applicable time specified in paragraph
1.E., ``Compliance,'' of Boeing Alert Service Bulletin 747-53A2682,
Revision 1, dated May 24, 2012.

(h) Post-Repair Inspections

    For any external repair doubler in the inspection area specified
in the Accomplishment Instructions of Boeing Alert Service Bulletin
747-53A2682, Revision 1, dated May 24, 2012, that has an upper or
lower fastener row that is common to a shear tie end fastener: At
the applicable time specified in paragraph (h)(1) or (h)(2) of this
AD, whichever occurs later, do an internal HFEC inspection for
cracks in the skin next to the shear tie, and do all applicable
corrective actions, in accordance with the Accomplishment
Instructions of Boeing Alert Service Bulletin 747-53A2682, Revision
1, dated May 24, 2012, except as required by paragraph (i)(3) of
this AD. Do all corrective actions before further flight. Repeat the
external detailed inspection thereafter at the time specified in
Table 4 or Table 5 of paragraph 1.E., ``Compliance,'' of Boeing
Alert Service Bulletin 747-53A2682, Revision 1, dated May 24, 2012,
as applicable.
    (1) Before further flight after an inspection required by
paragraph (g) of this AD.
    (2) Within 2,000 flight cycles after the effective date of this
AD.

(i) Service Information Clarifications and Exceptions

    (1) Paragraph 1.E., ``Compliance,'' of Boeing Alert Service
Bulletin 747-53A2682, Revision 1, dated May 24, 2012, specifies
certain compliance times in terms of the effective date of AD 2009-
06-02,

Amendment 39-15838 (74 FR 11013, March 16, 2009). The effective date
of AD 2009-06-02 is April 20, 2009.
    (2) Where paragraph 1.E. of Boeing Alert Service Bulletin 747-
53A2682, Revision 1, dated May 24, 2012, specifies counting the
compliance time ``after the revision 1 date of this service
bulletin,'' this AD requires compliance within the applicable time
after the effective date of this AD.
    (3) Where Boeing Alert Service Bulletin 747-53A2682, Revision 1,
dated May 24, 2012, specifies to contact Boeing for repair
instructions, this AD requires repair before further flight using a
method approved in accordance with the procedures specified in
paragraph (l) of this AD.

(j) Credit for Previous Actions

    This paragraph provides credit for the actions specified in
paragraph (g) of this AD, if those actions were performed before the
effective date of this AD using Boeing Alert Service Bulletin 747-
53A2682, dated May 8, 2008.

(k) 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.

(l) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO),
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 (m)(2) 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, Seattle 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.

(m) Related Information

    (1) For more information about this AD, contact Roger Caldwell,
Aerospace Engineer, Technical Operations Center, ANM-100D, FAA,
Denver ACO, 26805 East 68th Avenue, Room 214, Denver, Colorado
80249-6361; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (2) For information about AMOCs, contact Bill Ashforth,
Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle ACO,
1601 Lind Avenue SW., Renton, Washington 98057-3356; phone: 425-917-
6432; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>    (3) 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 review copies of the referenced
service information at the FAA, Transport Airplane Directorate, 1601
Lind Avenue SW., Renton, Washington. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on May 22, 2013.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-13002 Filed 5-31-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: October 1, 2007 (Volume 72, Number 189)]
[Notices]
[Page 55843-55845]
[DOCID:fr01oc07-104]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-56503; File No. SR-Amex-2007-97]

Self-Regulatory Organizations; American Stock Exchange LLC;
Notice of Filing of Proposed Rule Change and Amendment No. 1 Thereto
Relating to Changes in the Name and Investment Objective to the
PowerShares DB Precious Metals Fund, the PowerShares DB Gold Fund, and
the PowerShares DB Silver Fund

September 24, 2007.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on August 23, 2007, the American Stock Exchange LLC (``Amex'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been substantially prepared by the
Exchange. On September 17, 2007, Amex submitted Amendment No. 1 to the
proposed rule change. The Commission is publishing this notice to
solicit comments on the proposed rule change, as amended, from
interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to continue to trade the shares (``Shares'')
of each of the PowerShares DB Precious Metals Fund, the PowerShares DB
Gold Fund, and the PowerShares DB Silver Fund (collectively, the
``Funds''), each with a revised name and investment objective. The text
of the proposed rule change is available at Amex, the Commission's
Public Reference Room, and http://www.amex.com.

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

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

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

1. Purpose
    On December 29, 2006, the Commission approved the listing and
trading of the Shares of each of the Funds.\3\ The Shares represent
beneficial ownership interests in each corresponding Master Fund's \4\
net assets, consisting solely of the common units of beneficial
interests of the DB Precious Metals Master Fund, the DB Gold Master
Fund, and the DB Silver Master Fund, as applicable. Each of the
foregoing Master Funds primarily holds futures contracts on the
commodities comprising (1) the Deutsche Bank Liquid Commodity Index--
Optimum Yield Precious Metals Excess ReturnTM, (2) the
Deutsche Bank Liquid Commodity Index--Optimum Yield Gold Excess
ReturnTM, and (3) the Deutsche Bank Liquid Commodity Index--
Optimum Yield Silver Excess ReturnTM (each, an ``Underlying
Index,'' and collectively, the ``Underlying Indexes''), respectively.
Other holdings of the Funds include cash and U.S. Treasury securities
for deposit with futures commission merchants as margin and other high-
credit-quality, short-term fixed-income securities.
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 55029 (December 29,
2006), 72 FR 806 (January 8, 2007) (SR-Amex-2006-76) (approving the
listing and trading of the Shares of each of the Funds); see also
Securities Exchange Act Release No. 54770 (November 16, 2006), 71 FR
67935 (November 24, 2006) (SR-Amex-2006-76) (providing notice of the
proposal to list and trade the Shares of the Funds).
    \4\ The DB Multi-Sector Commodity Master Trust (the ``Master
Trust'') was formed as a Delaware statutory trust in seven separate
series (each, a separate ``Master Fund''). Each Master Fund is one
series of the Master Trust.
---------------------------------------------------------------------------

    The Exchange seeks to continue trading of the Shares based on
changes to the names of each of the Funds. Specifically, the proposal
contemplates changes in the names of the Funds so that the PowerShares
DB Precious Metals Fund, the PowerShares DB Gold Fund, and the
PowerShares DB Silver Fund would be changed to the PowerShares DB Ultra
Precious Metals Fund, the PowerShares DB Ultra Gold Fund, and the
PowerShares DB Ultra Silver Fund, respectively.\5\ In addition, Amex
seeks to continue trading of the Shares based on a modified investment
objective for each Fund. The Exchange represents that the modifications
in the names and investment objective of the

Funds are the only changes proposed for each of the Funds.\6\
---------------------------------------------------------------------------

    \5\ E-mail from Candice Fordin, Assistant General Counsel, Amex,
to Edward Cho, Special Counsel, Division of Market Regulation,
Commission, dated September 18, 2007 (clarifying the modifications
to the names of the Funds) (``Amex Confirmation'').
    \6\ The Exchange states that the remaining structure of the
Funds, which is more fully described in the notice and approval
order for File No. SR-Amex-2006-76, will remain the same. See supra
note 3.
---------------------------------------------------------------------------

    Currently, the investment objective of the Funds and the Master
Funds is to reflect the performance of the corresponding Underlying
Index, less any expenses of the operations of such Fund and the related
Master Fund. Pursuant to this proposal, each Fund's investment
objective would be revised to seek investment results that correspond,
before fees and expenses, to twice (200%) the daily performance of the
respective Underlying Index. The revised investment objective would
make the Funds and Master Funds ``Leveraged Funds.'' Each of the Funds,
if successful in meeting its objective, should gain, on a percentage
basis, approximately twice as much as the Fund's Underlying Index when
the prices of the futures contracts comprising such Underlying Index
increase on a given day, and should lose approximately twice as much
when such prices decline on a given day. The modification of the
investment objective is expected to provide Fund shareholders with a
leveraged exposure to a Fund's Underlying Index, but will also result
in the Master Fund becoming twice as volatile as the performance of the
Underlying Index. This revised investment objective for each Fund would
create funds that are substantially similar to other leveraged funds
that are currently listed and traded on the Exchange.\7\
---------------------------------------------------------------------------

    \7\ See, e.g., Securities Exchange Act Release Nos. 55117
(January 17, 2007), 72 FR 3442 (January 25, 2007) (SR-Amex-2006-101)
(approving the listing and trading of shares of funds of the
ProShares Trust); 54040 (June 23, 2006), 71 FR 37629 (June 30, 2006)
(SR-Amex-2006-41) (approving the listing and trading of shares of
additional funds of the ProShares Trust); and 52553 (October 3,
2005), 70 FR 59100 (October 11, 2005) (SR-Amex-2004-62) (approving
the listing and trading of shares of funds of the xtraShares Trust).
---------------------------------------------------------------------------

    As a result of the modification to the investment objective of the
Funds, the Exchange represents that, while DB Commodity Services LLC
(the ``Managing Owner'') will attempt to minimize any ``tracking
error'' between the investment results of a particular Fund and the
performance (and specified multiple thereof) of its Underlying Index,
certain factors may tend to cause the investment results of a Fund to
vary from the performance of the relevant Underlying Index or specified
multiple thereof.\8\ The Funds are expected to be highly correlated to
the specified multiple of each applicable Underlying Index and
investment objective (0.85 or greater).\9\ In each case, the Funds are
expected to have a daily tracking error of less than 5% (500 basis
points) relative to the specified multiple of the performance of the
relevant Underlying Index.
---------------------------------------------------------------------------

    \8\ The Exchange states that several factors may cause a Fund to
vary from the relevant Underlying Index and investment objective
including: (1) A Fund's expenses, including brokerage fees (which
may be increased by high portfolio turnover) and the cost of the
investment techniques employed by that Fund; (2) less than all of
the securities in the benchmark Underlying Index being held by a
Fund and securities not included in the benchmark Underlying Index
being held by a Fund; (3) an imperfect correlation between the
performance of instruments held by a Fund, such as futures
contracts, and the performance of the underlying securities in the
cash market; (4) bid-ask spreads (the effect of which may be
increased by portfolio turnover); (5) holding instruments traded in
a market that has become illiquid or disrupted; (6) a Fund's Share
prices being rounded to the nearest cent; (7) changes to the
benchmark Underlying Index that are not disseminated in advance; (8)
the need to conform a Fund's portfolio holdings to comply with
investment restrictions or policies or regulatory or tax law
requirements; and (9) early and unanticipated closings of the
markets on which the holdings of a Fund trade, resulting in the
inability of the Fund to execute intended portfolio transactions.
    \9\ Correlation is the strength of the relationship between (1)
the change in a Fund's net asset value and (2) the change in the
benchmark Underlying Index (investment objective). The statistical
measure of correlation is known as the ``correlation coefficient.''
A correlation coefficient of +1 indicates a perfect positive
correlation, while a value of -1 indicates a perfect negative
(inverse) correlation. A value of zero would mean that there is no
correlation between the two variables
---------------------------------------------------------------------------

    In addition, the Managing Owner in connection with the management
of the Master Funds generally will seek to maintain positions in
futures contracts with an aggregate notional value equal to double the
value of the Master Fund's holdings of U.S Treasury securities and
other high-credit-quality, short-term fixed-income securities. As a
result, the Funds generally will have a leverage ratio of 2:1. The
leverage ratio of the Master Fund will vary based on changes in the
prices of the futures contracts held by the Master Fund. If the Master
Fund's leverage ratio moves below 1.8:1 or above 2.2:1, then the Master
Fund will rebalance its futures contracts to return to a 2:1 leverage
ratio. The leverage ratio of the Master Fund will be calculated on each
business day after the close of trading on Amex based on the settlement
prices of the futures contracts held by the Master Fund. The Managing
Owner believes that maintaining each Master Fund's leverage ratio
between 1.8:1 and 2.2:1 will enable each Fund to achieve its investment
objective.
    A special meeting of the shareholders of the Funds is planned to be
held on October 9, 2007 to vote on the proposal to revise each Funds'
investment objective and name. The Funds' proposal will become
effective upon the affirmative vote of a majority of the shareholders,
excluding the Shares held by the Managing Owner and its affiliates.\10\
The Managing Owner will, within a reasonable time thereafter,
distribute a prospectus supplement indicating the change in name and
investment objective to purchasers and current holders of the
Funds.\11\ Based on each Fund's and each Master Fund's assets under
management and trading volume of the Shares, as well as competing
products in the market, the Managing Owner believes that each Fund
should better serve the needs of current and future investors if the
respective Master Fund provides investors with an exposure to changes
in the Underlying Index of twice or 200%, whether positive or negative.
---------------------------------------------------------------------------

    \10\ Although the proposal of the Funds will become effective
upon the affirmative vote of a majority of the shareholders of such
Funds, the Commission notes that Amex's proposal will not become
effective until the Commission has granted its approval pursuant to
Section 19(b)(2) of the Act (15 U.S.C. 78s(b)(2)).
    \11\ See Amex Confirmation, supra note 5.
---------------------------------------------------------------------------

    Upon approval of the shareholders of the Funds, the Exchange will,
in an Information Circular to Exchange members and member organizations
prior to the commencement of trading, inform members and member
organizations of the change in names and investment objective to the
Funds.\12\ The Information Circular will further inform members and
member organizations of the prospectus supplement delivery requirements
that apply to the Funds. In addition, the Information Circular will set
forth the requirements relating to Commentary .05 to Amex Rule 411
(Duty to Know and Approve Customers). Specifically, the Information
Circular will remind members of their obligations in recommending
transactions in the Shares so that members have a reasonable basis to
believe that (1) the recommendation is suitable for a customer given
reasonable inquiry concerning the customer's investment objectives,
financial situation, needs, and any other information known by such
member, and (2) that the customer can evaluate the special
characteristics, and is able to bear the financial risks, of such
investment. In connection with the suitability obligation, the
Information Circular will also provide that members make reasonable
efforts to obtain the following information: (a) The customer's
financial status; (b) the customer's tax status; (c) the customer's
investment objectives; and (d) such

other information used or considered to be reasonable by such member or
registered representative in making recommendations to the customer. In
addition, the Information Circular will disclose that the procedures
for purchases and redemptions of Shares are described in each Fund's
prospectus and that Shares are not individually redeemable, but are
redeemable only in prescribed aggregations or multiples thereof.
---------------------------------------------------------------------------

    \12\ See id.
---------------------------------------------------------------------------

2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the
Act,\13\ in general, and furthers the objectives of Section 6(b)(5) of
the Act,\14\ in particular, in that it is designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to foster cooperation and coordination
with persons engaged in facilitating transactions in securities, to
remove impediments to and perfect the mechanism of a free and open
market and a national market system, and, in general, to protect
investors and the public interest.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78f(b).
    \14\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

    The Exchange believes the proposed rule change will impose no
burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act.

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

    The Exchange states that no written comments were solicited or
received with respect to the proposed rule change.

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

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

IV. Solicitation of Comments

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

Electronic Comments

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

File Number SR-Amex-2007-97 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-Amex-2007-97. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments, all

written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-Amex-2007-97 and should be
submitted on or before October 22, 2007.
---------------------------------------------------------------------------

    \15\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\15\
Nancy M. Morris,
Secretary.
[FR Doc. E7-19270 Filed 9-28-07; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register: October 11, 2006 (Volume 71, Number 196)]
[Rules and Regulations]
[Page 59674-59677]
[DOCID:fr11oc06-5]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2005-AL-0004-200619a; FRL-8229-8]

Approval and Promulgation of Implementation Plans; Alabama:
Volatile Organic Compounds

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: EPA is approving revisions to the Alabama State Implementation
Plan (SIP), submitted by the Alabama Department of Environmental
Management (ADEM) on November 18, 2005. The revisions include
modifications to Alabama's Volatile Organic Compounds (VOCs) rules
found at Alabama Administrative Code (AAC) Chapter 335-3-1. ADEM is
taking an action that was similarly approved by EPA on November 29,
2004 (69 FR 69298). The revision adds several compounds to the list of
compounds excluded from the definition of VOC on the basis that they
make a negligible contribution to ozone formation. This action is being
taken pursuant to section 110 of the Clean Air Act (CAA).

DATES: This direct final rule is effective December 11, 2006 without
further notice, unless EPA receives adverse comment by November 13,
2006. If adverse comment is received, EPA will publish a timely
withdrawal of the direct final rule in the Federal Register and inform
the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. ``EPA-R04-
OAR-2005-AL-0004,'' by one of the following methods:

    1. http://www.regulations.gov: Follow the on-line instructions for

submitting comments.
    2. E-mail<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: ``EPA-R04-OAR-2005-AL-0004,'' Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street, SW., Atlanta, Georgia 30303-8960.
    5. Hand Delivery or Courier: Stacy DiFrank, Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division 12th floor, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street, SW., Atlanta, Georgia 30303-8960. Such deliveries are
only accepted during the Regional Office's normal hours of operation.
The Regional Office's official hours of business are Monday through
Friday, 8:30 to 4:30, excluding federal holidays.
    Instructions: Direct your comments to Docket ID No. ``EPA-R04-OAR-
2005-AL-0004.'' EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at http://www.regulations.gov, including any personal information

provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit through
http://www.regulations.gov or e-mail, information that you consider to be CBI

or otherwise protected. The http://www.regulations.gov website is an

``anonymous access'' systems, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be

automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm
.

    Docket: All documents in the electronic docket are listed in the
http://www.regulations.gov index. Although listed in the index, some

information is not publicly available, i.e., 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 in http://www.regulations.gov or

in hard copy at the Regulatory Development Section, Air Planning
Branch, Air, Pesticides and Toxics Management Division, U.S.
Environmental Protection Agency, Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday, 8:30 to 4:30 excluding
legal holidays.

FOR FURTHER INFORMATION CONTACT: Stacy DiFrank, Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street, SW., Atlanta, Georgia 30303-8960. The telephone number is (404)
562-9042. Ms. DiFrank can also be reached via electronic mail at
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION:

I. Today's Action

    On November 18, 2005, ADEM submitted proposed SIP revisions to EPA
for review and approval into the Alabama SIP. The revisions include
changes made by the State of Alabama to AAC Chapter 335-3-1, regarding
VOCs. The rules became state effective on December 12, 2005. EPA is now
taking direct final action to approve the proposed revisions, which
include revising the definition of VOC, which is a part of the State's
strategy to meet the national ambient air quality standards (NAAQS) by
reducing emissions of VOCs. In summary, the revisions submitted by ADEM
added four compounds to the list of those excluded from the definition
of VOC, on the basis that these compounds make a negligible
contribution to ozone formation. The revision modified the definition
to say that: 1,1,1,2,2,3,3-heptafluoro-3-methoxy-propane (n-
C3F7OCH3) (known as HFE-7000); 3-
ethoxy-1,1,1,2,3,4,4,5,5,6,6,6-dodecafluro-2-(trifluoromethyl) hexane
(known as HFE-7500), 1,1,1,2,3,3,3-heptafluoropropane (known as HFC-
227ea); and methyl formate (HCOOOCH3) will be considered to
be negligibly reactive. The revisions summarized above are approvable
pursuant to section 110 of the CAA.

II. Background

    Tropospheric ozone, commonly known as smog, occurs when VOCs and
nitrogen oxides (NOX) react in the atmosphere. Because of
the harmful health effects of ozone, EPA limits the amount of VOCs and
NOX that can be released into the atmosphere. VOCs are those
compounds of carbon (excluding carbon monoxide, carbon dioxide,
carbonic acid, metallic carbides, or carbonates, and ammonium
carbonate) which form ozone through atmospheric photochemical
reactions. Compounds of carbon (or organic compounds) have different
levels of reactivity; they do not react at the same speed, or do not
form ozone to the same extent.
    It has been EPA's policy that compounds of carbon with a negligible
level of reactivity need not be regulated to reduce ozone (see 42 FR
35314, July 8, 1977). EPA determines whether a given carbon compound
has ``negligible'' reactivity by comparing the compound's reactivity to
the reactivity of ethane. EPA lists these compounds in its regulations
at 40 CFR 51.100(s), and excludes them from the definition of VOC. The
chemicals on this list are often called ``negligibly reactive.'' EPA
may periodically revise the list of negligibly reactive compounds to
add compounds to or delete them from the list.
    EPA finalized a similar rule on November 29, 2004 (69 FR 69298),
approving the addition of the four compounds listed in Section I above
to the list of those excluded from the definition of VOC.

III. Final Action

    EPA is approving revisions to the Alabama SIP to include changes
made to Alabama's VOC regulations which are part of the State's
strategy to meet the NAAQS. These changes are consistent with the CAA.
    EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial submittal and anticipates no
adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision should
adverse comments be filed. This rule will be effective December 11,
2006 without further notice unless the

Agency receives adverse comments by November 13, 2006.
    If EPA receives such comments, then EPA will publish a document
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. EPA will not
institute a second comment period. Parties interested in commenting
should do so at this time. If no such comments are received, the public
is advised that this rule will be effective on December 11, 2006 and no
further action will be taken on the proposed rule.

IV. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4).
    This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have Federalism
implications because it does not have substantial direct effects 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, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This action merely approves a state rule
implementing a Federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the CAA.
This rule also is not subject to Executive Order 13045 ``Protection of
Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), because it is not economically significant.
    In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the CAA. In this
context, in the absence of a prior existing requirement for the State
to use voluntary consensus standards (VCS), EPA has no authority to
disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the CAA. Thus, the requirements of section
12(d) of the National Technology Transfer and Advancement Act of 1995
(15 U.S.C. 272 note) do not apply. This rule does not impose an
information collection burden under the provisions of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    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 rule 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).
    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 December 11, 2006. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule 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 may not be challenged later in proceedings to enforce its
requirements. (See section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Volatile organic
compounds.

    Dated: September 18, 2006.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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

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

Subpart B--Alabama

0
2. Section 52.50(c) is amended by revising entries for ``Section 335-3-
1.02'' to read as follows:

Sec.  52.50  Identification of plan.

* * * * *
    (c) * * *

                                                            EPA Approved Alabama Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
         State cita- tion               Title/subject        State effective date           EPA approval date                     Explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                           Chapter 335-3-1 General provisions
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
Section 335-3-1-.02...............  Definitions..........               12/12/2005  10/11/06 [Insert citation of       .................................
                                                                                publication].

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

* * * * *
 [FR Doc. E6-16812 Filed 10-10-06; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 108 (Friday, June 5, 2015)]
[Notices]
[Pages 32111-32113]
[FR Doc No: 2015-13674]

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

ENVIRONMENTAL PROTECTION AGENCY

[FRL-9928-73-OA]

Notification of Teleconferences and a Public Meeting of the
Science Advisory Board Hydraulic Fracturing Research Advisory Panel

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The EPA Science Advisory Board (SAB) Staff Office announces a
public meeting and three teleconferences of the SAB Hydraulic
Fracturing Research Advisory Panel to conduct a review of the EPA draft
report, Assessment of the Potential Impacts of Hydraulic Fracturing for
Oil and Gas on Drinking Water Resources, (May, 2015 External Review
Draft, EPA/600/R-15/047).

DATES: The public teleconferences will be held from 12 p.m. to 5 p.m.
(Eastern Time) on the following dates: Wednesday September 30, 2015;
Thursday October 1, 2015; and Monday October 19, 2015. The public face-
to-face meeting will be held on Wednesday October 28, 2015 from 9 a.m.
to 5:30 p.m., Thursday October 29, 2015 from 8:30 a.m. to 5:30 p.m.,
and Friday October 30, 2015 from 8:30 a.m. to 3 p.m. (Eastern Time).

ADDRESSES: The October 28 through 30, 2015 public meeting will be held
at the Washington Plaza Hotel, 10 Thomas Circle NW., Washington, DC
20005. Teleconference lines also will be available for members of the
public unable to attend in person.

FOR FURTHER INFORMATION CONTACT: Members of the public who wish to
obtain further information regarding these public meetings may contact
Edward Hanlon, Designated Federal Officer, by telephone:<PHONE_NUMBER>
or email at<EMAIL_ADDRESS>The SAB mailing address is: U.S. EPA
Science Advisory Board (1400R), U.S. Environmental Protection Agency,
1200 Pennsylvania Avenue NW., Washington, DC 20460. General information
about the SAB, including information concerning the SAB meeting and
teleconferences announced in this notice, may be found on the SAB Web
site at http://www.epa.gov/sab.
    Technical Contact for EPA's Draft Report: Any technical questions
concerning EPA's draft report should be directed to Dr. Jeffrey
Frithsen, National Center for Environmental Assessment, Office of
Research and Development, U.S. EPA, 1200 Pennsylvania Avenue NW., Mail
Code 8601P, Washington, DC 20460, telephone<PHONE_NUMBER> or via email
at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    Background: The SAB was established pursuant to the Environmental
Research, Development, and Demonstration Authorization Act (ERDDAA),
codified at 42 U.S.C. 4365, to provide independent scientific and
technical advice to the Administrator on the technical basis for Agency
positions and regulations. The SAB is a Federal Advisory Committee
chartered under the Federal Advisory Committee Act (FACA), 5 U.S.C.,
App. 2. The SAB will comply with the provisions of FACA and all
appropriate SAB Staff Office procedural policies. Pursuant to FACA and
EPA policy, notice is hereby given that the SAB Hydraulic Fracturing
Research Advisory Panel will hold a public meeting and three
teleconferences to conduct a review of the EPA draft report, Assessment
of the Potential Impacts of Hydraulic Fracturing for Oil and Gas on
Drinking Water Resources, (May, 2015 External Review Draft, EPA/600/R-
15/047).
    The EPA's Office of Research and Development (ORD) has developed a
draft assessment report concerning the relationship between hydraulic
fracturing and drinking water in the United States. The purpose of the
report, Assessment of the Potential Impacts of Hydraulic Fracturing for
Oil

and Gas on Drinking Water Resources, (May, 2015 External Review Draft,
EPA/600/R-15/047), is to synthesize available scientific literature and
data to assess the potential for hydraulic fracturing for oil and gas
to impact the quality or quantity of drinking water resources, and
identify factors affecting the frequency or severity of any potential
impacts.
    The SAB will hold teleconferences and a panel meeting as part of
the peer review of the EPA draft assessment report. (1) The purpose of
the teleconference on September 30, 2015 is for EPA to brief the Panel
about the agency's draft report, Assessment of the Potential Impacts of
Hydraulic Fracturing for Oil and Gas on Drinking Water Resources, (May,
2015 External Review Draft, EPA/600/R-15/047) and hold a Panel
discussion on the draft charge questions for the peer review of the
agency's draft report. If all oral comments from registered public
speakers cannot be accommodated at the September 30, 2015
teleconference, an additional teleconference will be held on October 1,
2015, for that purpose. (2) The purpose of the October 28-30, 2015
face-to-face meeting is to conduct a peer review of the agency's draft
report. If the SAB Staff Office determines that there will be
insufficient time during the October 28-30, 2015 Panel meeting to
accommodate the members of the public who registered in advance to
provide oral public comments, the teleconference on October 19, 2015
will be held to provide additional time for oral public comments.
    All draft reports developed by SAB panels, committees or workgroups
are reviewed and approved by the Chartered SAB through a quality review
process before being finalized and transmitted to the EPA
Administrator. The quality reviews are conducted in a public meeting as
required by FACA. Additional opportunities for the public to provide
comments on the SAB's review of the agency's draft report, Assessment
of the Potential Impacts of Hydraulic Fracturing for Oil and Gas on
Drinking Water Resources, (May, 2015 External Review Draft, EPA/600/R-
15/047) will be provided in a separate Federal Register Notice
announcing public meetings to discuss the draft Panel report.
    Availability of Meeting Materials: The draft EPA report, Assessment
of the Potential Impacts of Hydraulic Fracturing for Oil and Gas on
Drinking Water Resources, (May, 2015 External Review Draft, EPA/600/R-
15/047), is available on the SAB Web site at http://yosemite.epa.gov/sab/sabproduct.nsf/fedrgstr_activites/HF%20Drinking%20Water%20Assessment?OpenDocument. The charge, agenda and
other materials for the teleconferences and meeting described in this
notice will also be available on the above-noted Web site address and
on the SAB Web site at http://www.epa.gov/sab in advance of the
teleconferences and meeting.
    Procedures for Providing Public Input: Federal advisory committees
and panels, including scientific advisory committees, provide
independent advice to the EPA. Interested members of the public may
submit relevant information on the topic of this advisory activity,
and/or the group conducting the activity, for the SAB to consider
during the advisory process. Input from the public to the SAB will have
the most impact if it provides specific scientific or technical
information or analysis for SAB committees and panels to consider or if
it relates to the clarity or accuracy of the technical information.
    Throughout the Panel review process, there will be several
opportunities for the public to provide comments. For example, the
public will have opportunity to provide comments to the Docket on the
SAB Panel's draft report, provide oral statements to the Panel during
the Panel teleconferences and meeting, and in preparation for quality
review of the SAB Panel's draft report by the Chartered SAB. Members of
the public wishing to provide written comments may submit them to the
EPA Docket electronically via www.regulations.gov, by email, by mail,
by facsimile, or by hand delivery/courier. Please follow the detailed
instructions provided in the written statements section of this notice.
Members of the public wishing to provide oral statements to the SAB
Panel should contact the DFO directly.
    Oral Statements: In general, individuals or groups requesting to
present an oral statement at a public teleconference will be limited to
three minutes per speaker. To be placed on the public speaker list for
the September 30, 2015 teleconference, interested parties should notify
Mr. Edward Hanlon, DFO, by email no later than September 23, 2015. In
general, individuals or groups requesting to present an oral statement
at the face-to-face public meeting will be limited to five minutes.
Interested parties should contact Mr. Edward Hanlon, DFO, in writing
(preferably via email) at the contact information noted above by
October 13, 2015 to be placed on the list of public speakers for the
October 28-30, 2015 meeting.
    Written Statements: SAB Staff Office anticipates that a large
number of written statements will be submitted for consideration by the
SAB Panel. Therefore, written statements for the September 30, 2015
teleconference and for the October 28-30, 2015 face-to-face meeting
should be received in the EPA Docket by August 28, 2015, so that the
information may be made available to the SAB Panel sufficiently in
advance of the teleconferences and meeting for the Panel's
consideration.
    Written statements should be identified by Docket ID No. EPA-HQ-OA-
2015-0245 and submitted to the Docket at www.regulations.gov by one of
the following methods:
     www.regulations.gov: Follow the on-line instructions for
submitting comments.
     Email<EMAIL_ADDRESS>Include the docket number in
the subject line of the message.
     Mail: Office of Environmental Information (OEI) Docket
(Mail Code: 28221T), Docket ID No. EPA-HQ-OA-2015-0245, U.S.
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460. The phone number is<PHONE_NUMBER>.
     Hand Delivery: The OEI Docket is located in the EPA
headquarters Docket Center, Room 3334, EPA West Building, 1301
Constitution Ave. NW., Washington, DC. The EPA Docket Center Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>. Deliveries are only accepted during the
docket's normal hours of operation, and special arrangements should be
made for deliveries of boxed information.
     Fax:<PHONE_NUMBER>.
    Public comments submitted after August 28, 2015 will be marked
late, and should be submitted to the Docket by email, mail, hand
delivery or fax (see detailed instructions above). Consistent with SAB
Staff Office general practice, comments received after August 28, 2015
will be made available to the SAB Panel as soon as practicable.
    It is EPA's policy to include all comments received in the public
docket without change and to make the comments available on-line at
www.regulations.gov, including any personal information provided,
unless a comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web

site is an ``anonymous access'' system, which means EPA will not know
your identity or contact information unless you provide it in the body
of your comment. If you send an email directly to EPA without going
through www.regulations.gov, your email address will be automatically
captured and included as part of the comment that is placed in the
public docket and made available on the Internet. If you submit an
electronic comment, EPA recommends that you include your name and other
contact information in the body of your comment and with any disk or
CD-ROM you submit. If EPA cannot read your comments due to technical
difficulties and cannot contact you for clarification, the SAB Panel
may not be able to consider your comments. Electronic files should
avoid the use of special characters and any form of encryption and be
free of any defects or viruses. For additional information about EPA's
public docket, visit the EPA Docket Center homepage at www.epa.gov/epahome/dockets.htm.
    Documents in the docket are listed in the www.regulations.gov
index. Although listed in the index, some information is not publicly
available, e.g., CBI or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material will be publicly available only in hard copy. Publicly
available docket materials are available either electronically at
www.regulations.gov or in hard copy at the OEI Docket in the EPA
Headquarters Docket Center.
    History of SAB Hydraulic Fracturing Research Advisory Panel: In
April 2012, the EPA's Office of Research and Development asked the SAB
to conduct a peer review and provide advice to the agency on the
scientific quality of its research study report on the potential
impacts of hydraulic fracturing on drinking water resources. In
response to that request, the SAB Staff Office formed the SAB Hydraulic
Fracturing Research Advisory Panel. In 2013 the SAB panel members
provided their individual expert comments in response to charge
questions relating to the December 2012 progress report entitled, Study
of the Potential Impacts of Hydraulic Fracturing on Drinking Water
Resources: Progress Report. The panel also held a teleconference call
in 2013 to receive public comments on new and emerging information
related to hydraulic fracturing and drinking water resources.
Information on the formation of the panel and its previous activities
is provided on the SAB Web site at http://yosemite.epa.gov/sab/sabproduct.nsf/fedrgstr_activites/HF%20and%20DW%20Progress%20Report?OpenDocument.
    Accessibility: For information on access or services for
individuals with disabilities, please contact Mr. Edward Hanlon at the
phone number or email address noted above, preferably at least ten days
prior to the meeting to give EPA as much time as possible to process
your request.

    Dated: June 1, 2015.
Thomas H. Brennan,
Deputy Director, EPA Science Advisory Board Staff Office.
[FR Doc. 2015-13674 Filed 6-4-15; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: September 12, 2008 (Volume 73, Number 178)]
[Notices]
[Page 53028-53029]
[DOCID:fr12se08-68]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2008-N-0488]

Medical Devices: Ophthalmic Devices; Laser-Assisted In Situ
Keratomileusis (LASIK) Devices; Establishing a Docket

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing the
opening of a public docket to receive information and comments on
laser-assisted in situ keratomileusis (LASIK). We are opening the
docket to gather additional information from interested persons on the
post market experience associated with the use of LASIK devices.

DATES: Submit written or electronic information and comments by
September 14, 2009.

ADDRESSES: Submit written comments to the Division of Dockets
Management (HFA-305), Food and Drug

Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852.
Submit electronic comments or information to http://
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Domini Cassis, Center for Devices and
Radiological Health (HFZ-215), Food and Drug Administration, 1350
Piccard Dr., Rockville, MD 20850,<PHONE_NUMBER>, e-mail:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    In the Federal Register of March 24, 2008 (73 FR 15530), FDA
published a notice of a meeting for the Ophthalmic Devices Panel of the
Medical Devices Advisory Committee (the panel). At the meeting on April
25, 2008, the panel was asked to consider general issues concerning the
post market experience with laser-assisted in situ keratomileusis
(LASIK) procedures. Interested persons were invited to present data,
information, or views, orally or in writing, to the panel regarding
these topics. At the conclusion of the meeting, FDA requested that
interested persons provide input on LASIK, including comments regarding
tools the agency uses to improve patient safety, such as patient
labeling, information on FDA's LASIK Web site, and other outreach
initiatives.
    Using information gathered at the April 25, 2008, panel meeting,
the agency has updated information contained on its LASIK Web site, has
strengthened its post market surveillance activities, and is now
seeking ways to better understand quality of life issues following
LASIK procedures that may relate to safety and effectiveness of LASIK
devices. At this time, the agency is interested in receiving public
comments regarding the post market experience associated with the use
of LASIK, as well as information regarding potential barriers that may
exist in providing the agency with feedback regarding LASIK procedures.
Information and comments submitted to the docket will assist us in
identifying ways in which we can improve our public outreach efforts
regarding the safety and effectiveness of LASIK devices.

II. Submission of Comments

    Interested persons may submit to the Division of Dockets Management
(see ADDRESSES) written or electronic comments regarding this document.
Submit a single copy of electronic comments or two paper copies of any
mailed comments, except that individuals may submit one paper copy. All
comments submitted to the public docket are public information and may
be posted to the FDA's Web site at http://www.fda.gov for public
viewing. Comments are to be identified with the docket number found in
brackets in the heading of this document. Received comments may be seen
in the Division of Dockets Management between 9 a.m. and 4 p.m., Monday
through Friday.
    Please note that on January 15, 2008, the FDA Web site transitioned
to the Federal Dockets Management System (FDMS). FDMS is a Government-
wide, electronic docket management system. Electronic submissions will
be accepted by FDA only through the FDMS at http://www.regulations.gov.

    Dated: September 8, 2008.
Jeffrey Shuren,
Associate Commissioner for Policy and Planning.
[FR Doc. E8-21339 Filed 9-11-08; 8:45 am]

BILLING CODE 4160-01-S