[Federal Register: June 27, 2007 (Volume 72, Number 123)]
[Notices]
[Page 35237]
[DOCID:fr27jn07-60]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2006-0371 and EPA-HQ-OPP-2005-0113; FRL-8134-9]

Pesticide Product; Registration Approval

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: This notice announces Agency approval of applications to
register the pesticide products Canadian Wilderness Oil, Fresh Cab,
Technical DV 74, and Polyversum, containing active ingredients not
included in any previously registered products pursuant to the
provisions of section 3(c)(5) of the Federal Insecticide, Fungicide,
and Rodenticide Act (FIFRA), as amended.

FOR FURTHER INFORMATION CONTACT:  Patricia Moe, Biopesticides and
Pollution Prevention Division (7511P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; e-mail
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to:
     Crop production (NAICS code 111).
     Pesticide manufacturing (NAICS code 32532).
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed under FOR FURTHER INFORMATION
CONTACT.

B. How Can I Get Copies of this Document and Other Related Information?

    1. Docket. EPA has established a docket for this action under
docket identification (ID) number EPA-HQ-OPP-2006-0371 for balsam fir
oil and EPA-HQ-OPP-2005-0113 for Pythium oligandrum. Publicly available
docket materials are available either in the electronic docket at
http://www.regulations.gov, or, if only available in hard copy, at the

Office of Pesticide Programs (OPP) Regulatory Public Docket in Rm. S-
4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington,
VA. The hours of operation of this Docket Facility are from 8:30 a.m.
to 4 p.m., Monday through Friday, excluding legal holidays. The Docket
Facility telephone number is<PHONE_NUMBER>.
    In accordance with section 3(c)(2) of FIFRA, a copy of the approved
label, the list of data references, the data and other scientific
information used to support registration, except for material
specifically protected by section 10 of FIFRA, are also available for
public inspection. Requests for data must be made in accordance with
the provisions of the Freedom of Information Act and must be addressed
to the Freedom of Information Office (A-101), 1200 Pennsylvania Ave.,
NW., Washington, DC 20460-0001. Such requests should identify the
product name and registration number and specify the data or
information desired.
    A paper copy of the fact sheet, which provides more detail on this
registration, may be obtained from the National Technical Information
Service (NTIS), 5285 Port Royal Rd., Springfield, VA 22161.
    2. Electronic access. You may access this Federal Register document
electronically through the EPA Internet under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr.

II. Did EPA Approve the Application?

    The Agency approved the application after considering all required
data on risks associated with the proposed use of balsam fir oil and
Pythium oligandrum DV 74, and information on social, economic, and
environmental benefits to be derived from use. Specifically, the Agency
has considered the nature of the chemical and its pattern of use,
application methods and rates, and level and extent of potential
exposure. Based on these reviews, the Agency was able to make basic
health and safety determinations which show that use of balsam fir oil
and Pythium oligandrum DV 74, when used in accordance with widespread
and commonly recognized practice, will not generally cause unreasonable
adverse effects to the environment.

III. Approved Application

    EPA issued a notice, published in the Federal Register of June 14,
2006, (71 FR 34340) (FRL-8062-8), which announced that Earth-Kind Inc.
(Crane Creek Gardens), had submitted applications to register the
pesticide products, Canadian Wilderness Oil, (File Symbol 82016-E) and
Fresh Cab, (File Symbol 82016-R), containing balsam fir oil as the
active ingredient at 2.0% and 10.0% respectively. These products were
not previously registered.
    The applications were approved on April 26, 2007, as Canadian
Wilderness Oil, (EPA Registration Number 82016-2) and Fresh Cab, (EPA
Reg. No. 82016-1). These products are non-food use biochemical
pesticides to repel rodents in non-living spaces indoors and in
enclosed spaces outdoors.
    EPA also issued a Federal Register notice on May 27, 2005 (70 FR
30723) (FRL-7711-1), which announced that Biopreparaty Co. Ltd., had
submitted applications to register the pesticide products, Technical DV
74, (File Symbol 81606-R) and Polyversum, (File Symbol 81606-E),
containing Pythium oligandrum DV 74 as the active ingredient at 1% and
5% respectively. These products were not previously registered.
    The applications were approved on May 7, 2007, as Technical DV 74,
(EPA Registration Number 81606-1) and Polyversum, (EPA Reg. No. 81606-
2). These products are for use as a biofungicide and plant growth
regulator.

List of Subjects

    Environmental protection, Pests and pesticides.

    Dated: June 18, 2007.
Janet L. Andersen,
Director, Biopesticides and Pollution Prevention Division, Office of
Pesticide Programs.
[FR Doc. E7-12336 Filed 6-26-07; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 79, Number 161 (Wednesday, August 20, 2014)]
[Notices]
[Page 49300]
[FR Doc No: 2014-19657]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP14-1172-000.
    Applicants: Steckman Ridge, LP.
    Description: SR--ConEd k920088 to be effective 8/6/2014.
    Filed Date: 8/6/14.
    Accession Number: 20140806-5101.
    Comments Due: 5 p.m. ET 8/18/14.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR Sec.  385.211 and Sec.  385.214) on or
before 5:00 p.m. Eastern time on the specified comment date. Protests
may be considered, but intervention is necessary to become a party to
the proceeding.

Filings in Existing Proceedings

    Docket Numbers: RP14-1111-001.
    Applicants: Vector Pipeline L.P.
    Description: Tariff Clean-Up Filing Amendment to be effective 8/18/
2014.
    Filed Date: 8/7/14.
    Accession Number: 20140807-5007.
    Comments Due: 5 p.m. ET 8/19/14.
    Any person desiring to protest in any of the above proceedings must
file in accordance with Rule 211 of the Commission's Regulations (18
CFR Sec.  385.211) on or before 5:00 p.m. Eastern time on the specified
comment date.
    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated August 07, 2014.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2014-19657 Filed 8-19-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 20 (Monday, January 31, 2022)]
[Rules and Regulations]
[Pages 4803-4804]
[FR Doc No: 2022-01911]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2021-0925; Airspace Docket No. 21-ANM-49]
RIN 2120-AA66

Establishment of Class E Airspace; Joseph State Airport, OR

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action establishes Class E airspace extending upward from
700 feet above the surface of the earth at Joseph State Airport,
Joseph, OR. The establishment of airspace supports the airport's
transition from visual flight rules to instrument flight rule (IFR)
operations and ensures the safety and management of IFR operations
within the National Airspace System.

DATES: Effective 0901 UTC, May 19, 2022. The Director of the Federal
Register approves this incorporation by reference action under 1 CFR
part 51, subject to the annual revision of FAA Order JO 7400.11 and
publication of conforming amendments.

ADDRESSES: FAA Order JO 7400.11F, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at https://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. FAA Order JO 7400.11F is also available for inspection at the
National Archives and Records Administration (NARA). For information on
the availability of FAA Order JO 7400.11F at NARA, email
[email protected] or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: Nathan Chaffman, Federal Aviation
Administration, Western Service Center, Operations Support Group, 2200
S. 216th Street, Des Moines, WA 98198; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. 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. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority,
as it would establish Class E airspace extending upward from 700 feet
above ground level to support IFR operations at Joseph State Airport,
Joseph, OR.

History

    The FAA published a notice of proposed rulemaking in the Federal
Register (86 FR 60783; November 4, 2021) for Docket No. FAA-2021-0925
to establish Class E airspace at Joseph State Airport, Joseph, OR.
Interested parties were invited to participate in this rulemaking
effort by submitting written comments on the proposal to the FAA. No
comments were received.
    Class E5 airspace designations are published in paragraph 6005 of
FAA Order JO 7400.11F, dated August 10, 2021, and effective September
15, 2021, which is incorporated by reference in 14 CFR 71.1. The Class
E airspace designations listed in this document will be published
subsequently in FAA Order JO 7400.11.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order JO 7400.11F, Airspace Designations
and Reporting Points, dated August 10, 2021, and effective September
15, 2021. FAA Order JO 7400.11F is publicly available as listed in the
ADDRESSES section of this document. FAA Order JO 7400.11F lists Class
A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    The FAA is amending 14 CFR part 71 by establishing Class E airspace
extending upward from 700 feet above the surface of the earth at Joseph
State Airport, Joseph, OR.
    The Class E airspace is established extending upward from 700 feet
above ground level within a 6.5-mile radius of the airport, beginning
at the 316[deg] bearing from the airport clockwise to the 170[deg]
bearing from the airport, then to the point of beginning 6.5 miles
northwest of the airport. This airspace is designed to contain the new
Area Navigation (RNAV) approaches into the airport and instrument
departures from the airport. The airspace supports the airport's
transition from visual flight rules to IFR operations.

    FAA Order JO 7400.11, Airspace Designations and Reporting Points,
is published yearly and effective on September 15.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial, and unlikely to result in adverse or negative
comments. It, therefore: (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); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, would not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5a. This airspace action is not expected to
cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant the preparation of an
environmental assessment.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

    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.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO
7400.11F, Airspace Designations and Reporting Points, dated August 10,
2021, and effective September 15, 2021, is amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

ANM OR E5 Joseph, OR [New]

Joseph State Airport, OR
    (Lat. 45[deg]21'34'' N, long. 117[deg]15'14'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.5-mile radius of the airport beginning at the 316[deg]
bearing from the airport clockwise to the 170[deg] bearing from the
airport, then to the point of beginning 6.5 miles northwest of the
airport.

    Issued in Des Moines, Washington, on January 18, 2022.
B.G. Chew,
Acting Group Manager, Operations Support Group, Western Service Center.
[FR Doc. 2022-01911 Filed 1-28-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 39 (Tuesday, February 27, 2018)]
[Rules and Regulations]
[Pages 8359-8362]
[FR Doc No: 2018-03974]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2017-0077; FRL-9974-51--Region 6]

Approval and Promulgation of Implementation Plans; Texas;
Approval of Texas Motor Vehicle Rule Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the
Environmental Protection Agency (EPA)

is approving revisions submitted by the State of Texas that affect the
Texas State Implementation Plan (SIP) concerning Texas' motor vehicle
air pollution rules and retail gasoline dispensing labeling
requirements for El Paso. The revisions are non-substantive in nature
and do not affect implementation of federal requirements.

DATES: This rule is effective on May 29, 2018 without further notice,
unless the EPA receives relevant adverse comment by March 29, 2018. If
the EPA receives such comment, the EPA will publish a timely withdrawal
in the Federal Register informing the public that this rule will not
take effect.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2017-0077, at http://www.regulations.gov or via email to
[email protected]. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. The EPA may publish any comment received to its public
docket. Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make. The EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e. on the web, cloud, or other file sharing system). For
additional submission methods, please contact Mr. John Walser, 214-665-
7128, [email protected]. For the full EPA public comment policy,
information about CBI or multimedia submissions, and general guidance
on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
    Docket: The index to the docket for this action is available
electronically at www.regulations.gov and in hard copy at EPA Region 6,
1445 Ross Avenue, Suite 700, Dallas, Texas. While all documents in the
docket are listed in the index, some information may be publicly
available only at the hard copy location (e.g., copyrighted material),
and some may not be publicly available at either location (e.g., CBI).

FOR FURTHER INFORMATION CONTACT: Mr. John Walser,<PHONE_NUMBER>,
[email protected]. To inspect the hard copy materials, please
schedule an appointment with Mr. Bill Deese at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the EPA.

I. Background

    Section 110 of the CAA requires states to develop and submit to the
EPA a SIP to ensure that state air quality meets National Ambient Air
Quality Standards. These ambient standards currently address six
criteria pollutants: Carbon monoxide, nitrogen dioxide, ozone, lead,
particulate matter, and sulfur dioxide. Each federally-approved SIP
protects air quality primarily by addressing air pollution at its point
of origin through air pollution regulations and control strategies. The
EPA approved SIP regulations and control strategies are federally
enforceable.

II. The SIP Submittals and EPA's Evaluation

    On July 12, 1995, the Texas Commission on Environmental Quality
(TCEQ) submitted SIP revisions to EPA that amend 30 Texas
Administrative Code (TAC) Chapter 114.13 (renumbered to 114.100) \1\
which include minor rephrasing regarding gasoline pump dispensing
labeling dates. Specifically, the revisions modify Sec.  114.100(f)(1)
and (2) to indicate when the legible labels shall be displayed. See
Docket EPA-R06-OAR-2017-0077 online at www.regulations.gov for the
submittal and adopted rules published in the Texas Register (20 TexReg
3097, April 25, 1995). EPA is approving these minor changes submitted
to EPA on July 12, 1995. Note, it was discovered in the processing of
the 2017 SIP revision discussed below that EPA had inadvertently never
processed the 1995 revision.
---------------------------------------------------------------------------

    \1\ See, 63 FR 35839 (July 1, 1998).
---------------------------------------------------------------------------

    On January 20, 2017, TCEQ submitted SIP revisions to EPA that amend
30 TAC Chapter Section 114.100 and 114.305 that make non-substantive,
minor modifications to the following Sections: Sec.  114.100 (b), (c),
(d), (e)(1), (e)(2), (f) and 114.305(a) and (c). For example, Sec.
114.100(c) changes the date ``September 1'' to ``September 1st.'' The
revision to Sec.  114.100(d) includes replacing the phrase
``commission, EPA'' with ``executive director, United States
Environmental Protection Agency (EPA).'' The revision to Sec.
114.100(e)(2) adds the words ``the active version'' to the beginning of
the phrase ``American Society for Testing and Materials (ASTM)'' to
ensure that the most active ASTM version is used for determining the
oxygen content of fuel.\2\ Revisions to Sec.  114.305(a) ensure that
the most active current version of the ASTM Test Method for determining
compliance with the Reid Vapor Pressure (RVP) limits is required
consistent with industry's current testing practices and state and
federal law.\3\ We have prepared a TSD for this action which details
our evaluation. The TSD may be accessed on-line at www.regulations.gov,
Docket No. EPA-R06-OAR-2017-0077.
---------------------------------------------------------------------------

    \2\ The most active current ASTM Test Method is ASTM D4815.
    \3\ Volatility is the property of a liquid fuel that defines its
evaporation characteristics. RVP is an abbreviation for ``Reid Vapor
Pressure'', a common measure of and the generic term for gasoline
volatility. The most active current version of the test for gasoline
volatility is the ASTM Test Method D5191.
---------------------------------------------------------------------------

    Section 211(m) of the Act requires that various States submit
revisions to their SIPs, and implement oxygenated gasoline programs by
no later than November 1, 1992. EPA previously approved the State's
adopted labeling regulations, enforcement procedures, and oxygenate
test methods in conformity with Federal regulations (See, 59 FR 15683
(April 4, 1994)). The labeling regulations of retail gasoline pumps
also may be found at 40 CFR 80.35.\4\ Texas has complied with federal
requirements and the above revisions function to add further clarity to
the existing rule language and are approvable.
---------------------------------------------------------------------------

    \4\ See ``Notice of Final Oxygenated Fuels Labeling Regulations
under Section 211(m) of the CAA as Amended--Notice of Final
Rulemaking.'' (See, 57 FR 47769 (October 20, 1992)).
---------------------------------------------------------------------------

III. Final Action

    Pursuant to Sections 110 and 182 of the Act, EPA is approving,
through a direct final action, revisions to the Texas SIP that were
submitted on July 12, 1995 and January 20, 2017. We are approving
revisions to the following sections within Chapter 114 of 30 TAC:
114.100 and 114.305. We evaluated the state's submittals and determined
that they meet the applicable requirements of the CAA. Also, in
accordance with CAA section 110(l), the revisions will not interfere
with attainment of the NAAQS, reasonable further progress, or any other
applicable requirement of the CAA.
    The EPA is publishing this rule without prior proposal because we
view this as a non-controversial amendment and anticipate no adverse
comments. However, in the proposed rules section of this Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the SIP revision if relevant adverse
comments are received. This rule will be effective on May 29, 2018
without further notice unless we receive relevant

adverse comment by March 29, 2018. If we receive relevant adverse
comments, we will publish a timely withdrawal in the Federal Register
informing the public that the rule will not take effect. We will
address all public comments in a subsequent final rule based on the
proposed rule. We will not institute a second comment period on this
action. Any parties interested in commenting must do so now. Please
note that if we receive relevant adverse comment on an amendment,
paragraph, or section of this rule and if that provision may be severed
from the remainder of the rule, we may adopt as final those provisions
of the rule that are not the subject of an adverse comment.

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the
revisions to the Texas regulations as described in the Final Action
section above. The EPA has made, and will continue to make, these
materials generally available through www.regulations.gov and at the
EPA Region 6 Office (please contact Mr. John Walser for more
information). Therefore, these materials have been approved by EPA for
inclusion in the SIP, have been incorporated by reference by EPA into
that plan, are fully federally enforceable under sections 110 and 113
of the CAA as of the effective date of the final rulemaking of EPA's
approval, and will be incorporated by reference by the Director of the
Federal Register in the next update to the SIP compilation (62 FR
27968, May 22, 1997).

V. Statutory and Executive Order Reviews

    Under the CAA, 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, the 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 Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
     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, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    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. The 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 April 30, 2018. 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, Incorporation by
reference, Carbon monoxide, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Volatile organic compounds.

    Dated: February 22, 2018.
Anne Idsal,
Regional Administrator, Region 6.
    40 CFR part 52 is 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 SS--Texas

0
2. In Sec.  52.2270(c), the table entitled ``EPA Approved Regulations
in the Texas SIP'' is amended by adding a centered heading for
``Subchapter D--Oxygen Requirements for Gasoline'' under Chapter 114,
followed by a new entry for Section 114.100; and revising the entry for
Section 114.305.
    The additions and revisions read as follows:

Sec.  52.2270  Identification of plan.

* * * * *
    (c) * * *

                                    EPA-Approved Regulations in the Texas SIP
----------------------------------------------------------------------------------------------------------------
                                                          State
                                                        approval/
        State citation              Title/subject       submittal     EPA approval date         Explanation
                                                           date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                        Chapter 114 (Reg 4)--Control of Air Pollution from Motor Vehicles
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                 Subchapter D--Oxygen Requirements for Gasoline
----------------------------------------------------------------------------------------------------------------
Section 114.100...............  Oxygenated Fuels.....    1/20/2017  2/27/2018, [Insert     .....................
                                                                     Federal Register
                                                                     citation].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                        Subchapter H--Low Emission Fuels
                                         Division 1: Gasoline Volatility
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Section 114.305...............  Approved Test Methods    1/20/2017  2/27/2018, [Insert     .....................
                                                                     Federal Register
                                                                     citation].

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

* * * * *
[FR Doc. 2018-03974 Filed 2-26-18; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: November 4, 2008 (Volume 73, Number 214)]
[Notices]
[Page 65709-65712]
[DOCID:fr04no08-87]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58873; File No. SR-NYSEArca-2008-110]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Order Granting Accelerated Approval of Proposed Rule Change
Relating to Listing Shares of the MacroShares $100 Oil Up Trust and the
MacroShares $100 Oil Down Trust

October 28, 2008.
    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 October 15, 2008, NYSE Arca, Inc. (``NYSE Arca'' or
``Exchange'') 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
Commission is publishing this notice and order to solicit comments on
the proposed rule change from interested persons and to approve the
proposed rule change on an accelerated basis.
---------------------------------------------------------------------------

    \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

    Pursuant to the provisions of Section 19(b)(1) of the Act,\3\ NYSE
Arca, through its wholly owned subsidiary NYSE Arca Equities, Inc.
(``NYSE Arca Equities''), proposes to list and trade under NYSE Arca
Equities Rule 8.400 (``Paired Trust Shares'') shares of the MacroShares
$100 Oil Up Trust (``Up Trust'') and the MacroShares $100 Oil Down
Trust (``Down Trust'', and, together with the Up Trust, the
``Trusts''). The shares of the Up Trust are referred to as the Up
MacroShares, and the shares of the Down Trust are referred to as the
Down MacroShares (collectively, the ``Shares''). The text of the
proposed rule change is available on the Exchange's Web site at http://
www.nyse.com, at the Exchange's principal office and at the Public
Reference Room of the Commission.
---------------------------------------------------------------------------

    \3\ 15 U.S.C. 78s(b)(1).
---------------------------------------------------------------------------

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

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of these statements may be examined at
the places specified in Item III 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
    The Exchange proposes to list and trade under NYSE Arca Equities
Rule 8.400 (``Paired Trust Shares'') the Up MacroShares (symbol: UOY)
and the Down MacroShares (symbol: DOY).\4\ The Up MacroShares and the
Down MacroShares will be offered by the Up Trust and the Down Trust,
respectively, established by MACRO Securities Depositor LLC, as
depositor, under the laws of the State of New York. The Trusts are not
registered with the Commission as investment companies.\5\ The Trusts
are currently listed on NYSE Alternext US LLC (NYSE Alternext US
(formerly, the American Stock Exchange LLC (``Amex'')) and are traded
on the Exchange pursuant to unlisted trading privileges (``UTP'').\6\
Prior to listing on the Exchange, the Trusts would be required to
satisfy the applicable delisting procedures of NYSE Alternext US and
applicable statutory and regulatory requirements, including, without
limitation, Section 12 of the

Act,\7\ relating to listing the MacroShares Units on the Exchange.\8\
---------------------------------------------------------------------------

    \4\ The Commission approved trading a similar product on the
Exchange pursuant to unlisted trading privileges when it approved
NYSE Arca Equities Rule 8.400. See Securities Exchange Act Release
No. 55033 (December 29, 2006), 72 FR 1253 (January 10, 2007) (SR-
NYSEArca-2006-75) (approving UTP trading of Claymore MACROshares Oil
Up Tradeable Shares and Claymore MACROshares Oil Down Tradeable
Shares). The Commission also approved such product for listing and
trading on the American Stock Exchange LLC. See Securities Exchange
Act Release No. 54839 (November 29, 2006), 71 FR 70804 (December 6,
2006) (SR-Amex-2006-82) (approving listing and trading Claymore
MACROshares Oil Up Tradeable Shares and Claymore MACROshares Oil
Down Tradeable Shares).
    \5\ The Shares are being offered by the Trusts under the
Securities Act of 1933, as amended. On April 17, 2008, the depositor
filed with the Commission a Registration Statement on Form S-1 for
both the Up MacroShares (File No. 333-150282-01) (``Up Trust
Registration Statement'') and the Down MacroShares (File No. 333-
150282-02) (``Down Trust Registration Statement'' and together with
the Up Trust Registration Statement, the ``Registration
Statements'').
    \6\ See Securities Exchange Act Release No. 58057 (June 30,
2008), 73 FR 38474 (July 7, 2008) (SR-Amex-2008-36) (order approving
listing of the Trusts on the Amex) (``Amex Order''); Securities
Exchange Act Release No. 58058 (June 30, 2008), 73 FR 38484 (July 7,
2008) (SR-NYSEArca-2008-65) (order approving trading of the Trusts
on the Exchange pursuant to UTP) (``NYSE Arca Order'').
    \7\ 15 U.S.C. 78(l).
    \8\ See e-mail from Michael Cavalier, Chief Counsel, NYSE
Euronext, to Christopher W. Chow, Special Counsel, Commission, dated
October 16, 2008. The Exchange will seek the voluntary consent of
the issuer of the MacroShares Units to be delisted from NYSE
Alternext US and listed on the Exchange. The Exchange notes that its
approval of the Trusts' listing applications would be required prior
to listing.
---------------------------------------------------------------------------

    The Exchange represents that the Shares satisfy the requirements of
Rule 8.400 and thereby qualify for listing on the Exchange.
Descriptions of the Shares and of the Trusts are included in the Amex
Order. The Shares are Trading Shares as defined in Rule 8.400(b)(1)(B).
    The Trusts have represented to the Exchange that they are relying
on the exemption provided for passive trusts under Rule 10A-3(c)(7) \9\
under the Act with respect to establishment of an independent audit
committee.
---------------------------------------------------------------------------

    \9\ 17 CFR 240.10A-3(c)(7).
---------------------------------------------------------------------------

    More information regarding the Shares, the Trusts, the Applicable
Reference Price of Crude Oil, quarterly distributions, final
distributions, underlying values, risks, fees and expenses, termination
triggers, and creation and redemption procedures can be found in the
Registration Statements and the Amex Order.\10\
---------------------------------------------------------------------------

    \10\ Terms relating to the Trusts referred to, but not defined,
herein are defined in the Registration Statements.
---------------------------------------------------------------------------

Availability of Information
    Intraday Indicative Values. Throughout each price determination
day, NYSE Alternext US, acting as the calculation agent for each Trust,
will calculate and disseminate, at least every 15 seconds during the
Exchange's Core Trading Session, through the facilities of the
Consolidated Tape Association (``CTA''), an estimated value (referred
to as an ``Intraday Indicative Value'' or ``IIV'') for the underlying
value per Share of both the Up MacroShares and the Down MacroShares.
The purpose of this disclosure is to promote liquidity and intraday
pricing transparency with respect to these estimated per-Share
underlying values, which can be used in connection with other related
market information. To enable this calculation, the NYSE Alternext US
will receive real time price data from the NYMEX through two major
market data vendors for the light sweet crude oil futures contract of
the designated maturity that trades on the NYMEX.
    Because the NYMEX market for the light sweet crude oil futures
contract will be closed for portions of the Core Trading Session, the
IIV calculated values will become fixed and will not be updated at such
times that the NYMEX contract is not trading.\11\ Conversely, at times
when the light sweet crude oil futures contract of the designated
maturity is trading on NYMEX, those trades will be used to update the
IIV values.
---------------------------------------------------------------------------

    \11\ The IIV calculated during the period following the daily
opening of trading of the shares on the Exchange but prior to any
trades taking place on the NYMEX in the relevant light sweet crude
oil futures contract will be based on the final price of the futures
contract on the prior trading day.
---------------------------------------------------------------------------

    Availability of Other Information and Data. At the end of each
price determination day, NYSE Alternext US will also calculate the
premium or discount of the midpoint of the bid/offer for the Up
MacroShares at the close on the Exchange relative to the underlying
value of one of those Shares for that price determination day. NYSE
Alternext US will also perform the same calculation with respect to the
Down MacroShares. MacroMarkets LLC (``MacroMarkets'') will then post
these premiums/discounts, together with the end-of-day price
information for the Shares, on its Web site at http://
www.macromarkets.com and the Exchange will maintain a hyperlink on its
Web site, http://www.nyse.com, to the MacroMarkets Web site. Further,
MacroMarkets will post on its Web site the Applicable Reference Price
of Crude Oil that was reported by NYMEX for any price determination
day. The Exchange also will disseminate a variety of data with respect
to the Shares on a daily basis by means of CTA and CQ High Speed Lines,
including quotation and last sale data information.\12\
---------------------------------------------------------------------------

    \12\ See e-mail from Michael Cavalier, Chief Counsel, NYSE
Euronext, to Christopher W. Chow, Special Counsel, Commission, dated
October 21, 2008.
---------------------------------------------------------------------------

    On each price determination day, State Street Bank and Trust
Company, the trustee for the Trusts, will calculate the underlying
value of the Up Trust and the Down Trust and the per-Share underlying
value of one Up MacroShare and one Down MacroShare, based on the
Applicable Reference Price of Crude Oil established and reported by
NYMEX. The trustee will then provide such values to MacroMarkets, which
will post them on its Web site, and information posted on such Web site
will be made available to all market participants at the same time. All
investors and market participants will have access to MacroMarkets' Web
site at no charge. Information regarding secondary market prices and
volume of the Shares will be broadly available on a real-time basis
throughout the trading day on brokers' computer screens and other
electronic services. The previous day's closing price and trading
volume information will be published daily in the financial section of
newspapers.
Trading Halts
    With respect to trading halts, the Exchange may consider all
relevant factors in exercising its discretion to halt or suspend
trading in the Shares. Trading may be halted because of market
conditions or for reasons that, in the view of the Exchange, make
trading in the Shares inadvisable. These may include: (1) The extent to
which trading is not occurring in the underlying securities; or (2)
whether other unusual conditions or circumstances detrimental to the
maintenance of a fair and orderly market are present. Rule 8.400(d)(2)
sets forth circumstances under which Shares may be halted.
    If the Exchange becomes aware that the underlying value per Share
of each Up Share and Down Share is not disseminated to all market
participants at the same time, it will halt trading in the Up
MacroShares or the Down MacroShares, as the case may be, until such
time as the underlying value per share is available to all market
participants.
Trading Rules
    The Exchange deems the Shares to be equity securities, thus
rendering trading in the Shares subject to the Exchange's existing
rules governing the trading of equity securities. Shares will trade on
the NYSE Arca Marketplace from 4 a.m. to 8 p.m. Eastern Time in
accordance with NYSE Arca Equities Rule 7.34 (Opening, Core, and Late
Trading Sessions). The Exchange has appropriate rules to facilitate
transactions in the Shares during all trading sessions.
Surveillance
    The Exchange intends to utilize its existing surveillance
procedures applicable to derivative securities products, including
Paired Trust Shares, to monitor trading in the Shares. The Exchange
represents that these procedures are adequate to properly monitor
Exchange trading of the Shares in all trading sessions and to deter and
detect violations of Exchange rules or applicable Federal securities
laws.
    The Exchange's current trading surveillance focuses on detecting
securities trading outside their normal patterns. When such situations
are detected, surveillance analysis follows and investigations are
opened, where appropriate, to review the behavior of all relevant
parties for all relevant trading violations.

    The Exchange may obtain information via the Intermarket
Surveillance Group (``ISG'') from other exchanges who are members of
the ISG.\13\
---------------------------------------------------------------------------

    \13\ For a list of the current members of the ISG, see http://
www.isgportal.org.
---------------------------------------------------------------------------

    In addition, the Exchange also has a general policy prohibiting the
distribution of material, non-public information by its employees.
Information Bulletin
    Prior to the commencement of trading, the Exchange will inform its
ETP Holders in an Information Bulletin (``Bulletin'') of the special
characteristics and risks associated with trading the Shares, including
risks inherent with trading the Shares during the Opening and Late
Trading Sessions when the updated IIV is not calculated and
disseminated. Specifically, the Bulletin will discuss the following:
(1) What the Shares are; (2) the procedures for purchases and
redemptions of Shares in MacroShares Units (and that Shares are not
individually redeemable); (3) NYSE Arca Equities Rule 9.2(a), which
imposes a duty of due diligence on its ETP Holders to learn the
essential facts relating to every customer prior to trading the Shares;
(4) the requirement that ETP Holders deliver a prospectus to investors
purchasing newly issued Shares prior to or concurrently with the
confirmation of a transaction; (5) how information regarding the IIV is
disseminated; and (6) trading information.
    In addition, the Bulletin will reference that the Shares are
subject to various fees and expenses described in the Registration
Statements. The Bulletin will discuss any exemptive, no-action, and
interpretive relief granted by the Commission from any rules under the
Act.
2. Statutory Basis
    The basis under the Act for this proposed rule change is the
requirement under Section 6(b)(5) \14\ that an exchange have rules that
are designed to prevent fraudulent and manipulative acts and practices,
to promote just and equitable principles of trade, to remove
impediments to, and perfect the mechanism of a free and open market
and, in general, to protect investors and the public interest. The
Exchange believes that the proposed rule change will allow the listing
of the Trusts on the Exchange, to the benefit of investors and the
marketplace. In addition, the listing and trading criteria set forth in
Rule 8.400 are intended to protect investors and the public interest.
---------------------------------------------------------------------------

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

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

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

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

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

III. 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-NYSEArca-2008-110 on the subject line.

Paper Comments

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

    All submissions should refer to File Number SR-NYSEArca-2008-110.
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-NYSEArca-2008-110 and should
be submitted on or before November 25, 2008.

IV. Commission's Findings and Order Granting Accelerated Approval of
the Proposed Rule Change

    After careful consideration, the Commission finds that the proposed
rule change is consistent with the requirements of the Act and the
rules and regulations thereunder applicable to a national securities
exchange.\15\ In particular, the Commission believes that the proposal
is consistent with Section 6(b)(5) of the Act,\16\ which requires,
among other things, that the rules of a national securities exchange be
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. The Commission notes that it recently approved the
listing and trading of the Shares on Amex,\17\ now known as NYSE
Alternext US, and the trading of the Shares pursuant to UTP on the
Exchange.\18\
---------------------------------------------------------------------------

    \15\ In approving this rule change, the Commission notes that it
has considered the proposed rule's impact on efficiency,
competition, and capital formation. See 15 U.S.C. 78c(f).
    \16\ 15 U.S.C. 78f(b)(5).
    \17\ See Amex Order, supra, note 6.
    \18\ See NYSE Arca Order, supra, note 6.
---------------------------------------------------------------------------

    The Exchange proposes to list and trade the Shares pursuant to NYSE
Arca Equities Rule 8.400. NYSE Arca represents that the Shares will
conform to the existing initial and continued listing criteria under
such rule.
    The Commission believes that the proposal to list and trade the
Shares on the Exchange is consistent with Section 11A(a)(1)(C)(iii) of
the Act,\19\ which sets forth Congress' finding that it is in the
public interest and appropriate for the protection of investors and the
maintenance of fair and orderly markets to assure the availability to
brokers, dealers, and investors of information with respect to
quotations for and transactions in securities. The Exchange will
disseminate a variety of data with respect to the Shares on a daily
basis by means of CTA and CQ High Speed Lines, including quotation and
last-sale

data information. Throughout each price determination day, NYSE
Alternext U.S. will calculate and disseminate at least every 15 seconds
during the Exchange's Core Trading Session, through the facilities of
the CTA, an IIV for the underlying value per Share of both the Up
MacroShares and the Down MacroShares.\20\
---------------------------------------------------------------------------

    \19\ 15 U.S.C. 78k-1(a)(1)(C)(iii).
    \20\ See supra note 11 and accompanying text.
---------------------------------------------------------------------------

    On each price determination day, the trustee will calculate the
underlying values of the Up Trust and the Down Trust, along with the
per-Share underlying value of one Up MacroShare and one Down
MacroShare, based on the Applicable Reference Price of Crude Oil
established and reported by NYMEX. The trustee then will provide such
values to MacroMarkets, which will post them on its Web site, and the
information posted on such Web site will be made available to all
market participants at the same time. All investors and market
participants will have access to MacroMarkets' Web site at no charge.
    In addition, at the end of each price determination day, NYSE
Alternext U.S. will calculate the premium or discount of the midpoint
of the bid/offer for the Up MacroShares at the close on the Exchange
relative to the underlying value of one of those Shares for that price
determination day. NYSE Alternext U.S. also will perform the same
calculation with respect to the Down MacroShares. MacroMarkets will
then post these premiums/discounts, together with the end-of-day price
information for the Shares, on its Web site (http://
www.macromarkets.com) and the Exchange will maintain a hyperlink on its
Web site. Additionally, MacroMarkets will post on its Web site the
Applicable Reference Price of Crude Oil that was reported by NYMEX for
any price determination day.
    Lastly, the Exchange states that information regarding secondary
market prices and volume of the Shares will be broadly available on a
real-time basis throughout the trading day on brokers' computer screens
and other electronic services. The previous day's closing price and
trading volume information will be published daily in the financial
section of newspapers.
    The Commission also believes that the proposal to list and trade
the Shares is reasonably designed to promote fair disclosure of
information that may be necessary to price the Shares appropriately and
to prevent trading when a reasonable degree of transparency cannot be
assured. The Commission notes that NYSE Arca Equities Rule
8.400(d)(1)(ii) requires that the Exchange obtain a representation on
behalf of the Trusts, prior to listing, that the underlying value per
Share of each Up Trust and the Down Trust will be calculated daily and
will be made available to all market participants at the same time.
Moreover, NYSE Arca Equities Rule 8.400(d)(2)(ii) requires that the
Exchange remove the Shares from listing if the intraday value of the
Reference Price \21\ is no longer calculated or available on at least a
15-second delayed basis during the time the Shares trade on the
Exchange. Additionally, NYSE Arca Equities Rule 8.400(d)(2)(iii)
requires the Exchange to remove the Shares from listing if the IIV is
no longer made available as required. With respect to trading halts,
NYSE Arca Equities Rule 8.400(d)(2) provides that, if the intraday
value of the Reference Price or the IIV is not being disseminated as
required, the Exchange may halt trading during the day in which the
interruption to the dissemination of the applicable value occurs; if
such interruption persists past the trading day in which it occurred,
the Exchange is required to halt trading no later than the beginning of
the trading following the interruption. The Exchange further represents
that, if the Exchange becomes aware that the underlying value per Share
of each Up Trust and Down Trust is not disseminated to all market
participants at the same time, it will halt trading in the Up
MacroShares or the Down MacroShares, as the case may be, until such
time as the underlying value per share is available to all market
participants. Further, the Exchange may consider all relevant factors
in exercising its discretion to halt or suspend trading in the Shares.
Trading may be halted because of market conditions or for reasons that
make trading in the Shares inadvisable, including: (1) the extent to
which trading is not occurring in the underlying securities; or (2)
whether other unusual conditions or circumstances detrimental to the
maintenance of a fair and orderly market are present.
---------------------------------------------------------------------------

    \21\ See NYSE Arca Equities Rule 8.400(c). In the case of the
Shares, the Reference Price is the Applicable Reference Price of
Crude Oil.
---------------------------------------------------------------------------

    The Commission further believes that the trading rules and
procedures to which the Shares will be subject pursuant to this
proposal are consistent with the Act. The Exchange has represented that
the Shares are equity securities subject to NYSE Arca's rules governing
the trading of equity securities.
    In support of this proposal, the Exchange has made the following
representations:
    (1) The Shares satisfy the requirements of NYSE Arca Equities Rule
8.400, which includes the initial and continued listing criteria for
Paired Trust Shares.
    (2) The Exchange's surveillance procedures are adequate to properly
monitor trading of the Shares in all trading sessions and to deter and
detect violations of Exchange rules or applicable federal securities
laws.
    (3) The Exchange will distribute an Information Bulletin, the
contents of which are more fully described above, to ETP Holders in
connection with the trading of the Shares.
    This approval order is based on the Exchange's representations.
    The Commission finds good cause, pursuant to Section 19(b)(2) of
the Act,\22\ for approving the proposed rule change prior to the 30th
day after the date of publication of notice in the Federal Register.
The Commission notes that it has previously approved the listing and
trading of the Shares on Amex \23\ and believes that the Exchange's
proposal to list and trade such Shares does not appear to present any
novel or significant regulatory issues that should cause it to revisit
that previous finding. As such, the Commission believes that
accelerating approval of this proposal should benefit investors by
creating, without undue delay, additional competition in the market for
such products.
---------------------------------------------------------------------------

    \22\ 15 U.S.C. 78s(b)(2).
    \23\ See Amex Order, supra, note 6. The Shares have also been
approved for trading on the Exchange pursuant to UTP. See NYSE Arca
Order, supra, note 6.
---------------------------------------------------------------------------

V. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\24\ that the proposed rule change (SR-NYSEArca-2008-110) be, and
it hereby is, approved on an accelerated basis.
---------------------------------------------------------------------------

    \24\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\25\
---------------------------------------------------------------------------

    \25\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Acting Secretary.
 [FR Doc. E8-26211 Filed 11-3-08; 8:45 am]

BILLING CODE 8011-01-P


PAPERWORK REDUCTION ACT SUBMISSION WORKSHEET

Part II: Information Collection Detail

IMPORTANT:  A separate Part II must be completed for each Information Collection (IC) activity associated with the ICR.  If more than one Part II is required, create a separate Part II document for each IC.  For more information see OEI’s ICR website at   HYPERLINK "http://intranet.epa.gov/icrintra/"  http://intranet.epa.gov/icrintra/ .  There you will find information on completing this form (see OEI’s ICRAS instructions under the Prepare an ICR tab) and information on how break your ICR into ICs (see OMB’s ROCIS IC Q&A under the Download Guidance tab).

1. Title of Information Collection:    FORMTEXT  National Emission Standards for Hazardous Air Pollutants: Paints and Allied Products Manufacturing

2. Is this a common form?

  FORMCHECKBOX    Yes

  FORMCHECKBOX    No

(Select Yes to identify forms that EPA is willing to host for potential use by other Federal Agencies.)

	3. Obligation to respond (check one):

       FORMCHECKBOX    Voluntary

       FORMCHECKBOX    Required to obtain or retain benefits

       FORMCHECKBOX     Mandatory

Note: Only one selection may be made.  If multiple categories apply, you must create additional ICs to account for the burden associated with each category.	4. Frequency of reporting (only to be completed if there are reporting requirements, check all that apply):

  FORMCHECKBOX    Hourly

  FORMCHECKBOX    Daily

  FORMCHECKBOX    Weekly

  FORMCHECKBOX    Monthly

  FORMCHECKBOX    Yearly	    FORMCHECKBOX    Every Decade

    FORMCHECKBOX    Quarterly

    FORMCHECKBOX    Semi-Annually

  FORMCHECKBOX    Biennially

  FORMCHECKBOX    Once

  FORMCHECKBOX    Occasionally

5.  CFR Citation(s) for the information collection under review (if applicable):

Title    FORMTEXT  NESHAP for Paints and Allied Products Manufacturing Area Source Category   Part    FORMTEXT  40 CFR 63   Section    FORMTEXT  11514

        Part    FORMTEXT          Section    FORMTEXT

Title    FORMTEXT          Part    FORMTEXT          Section    FORMTEXT

Title    FORMTEXT          Part    FORMTEXT          Section    FORMTEXT

6. Information Collection Instruments/Forms (if applicable) :

Form Name:    FORMTEXT

Form Number:    FORMTEXT

URL (required if electronic) :    FORMTEXT

Is this form available electronically?        FORMCHECKBOX    Yes        FORMCHECKBOX    No

If yes, can this form be submitted electronically?        FORMCHECKBOX    Yes        FORMCHECKBOX    No

Form Name:    FORMTEXT

Form Number:    FORMTEXT

URL (required if electronic) :    FORMTEXT

Is this form available electronically?        FORMCHECKBOX    Yes        FORMCHECKBOX    No

If yes, can this form be submitted electronically?        FORMCHECKBOX    Yes        FORMCHECKBOX    No

Form Name:    FORMTEXT

Form Number:    FORMTEXT

URL (required if electronic) :    FORMTEXT

Is this form available electronically?        FORMCHECKBOX    Yes        FORMCHECKBOX    No

If yes, can this form be submitted electronically?        FORMCHECKBOX    Yes        FORMCHECKBOX    No

Attach additional sheets if necessary.

Note: Instruments/Forms must be submitted/uploaded as a separate attachment.

7.  Federal Enterprise Architecture Business Reference Model:

Line of Business (check one) :                                                                         Subfunction (check one) :

  FORMCHECKBOX    Environmental Management

  FORMCHECKBOX    Environmental Monitoring and Forecasting

  FORMCHECKBOX    Environmental Remediation

  FORMCHECKBOX    Pollution Prevention and Control

  FORMCHECKBOX    Health

  FORMCHECKBOX    Illness Prevention

  FORMCHECKBOX    Immunization Management

  FORMCHECKBOX    Public Health Monitoring

  FORMCHECKBOX    Health Care Services

  FORMCHECKBOX    Consumer Health and Safety

  FORMCHECKBOX    Natural Resources

  FORMCHECKBOX    Water Resource Management

  FORMCHECKBOX    Conservation, Marine and Land Management

  FORMCHECKBOX    Recreational Resource Management and Tourism

  FORMCHECKBOX    Agricultural Innovation and Services

Note: Most EPA ICRs will be aligned with the Environmental Management FEA Line of Business.  Other likely categories are also listed.  For a full listing of the FEA Business Reference Model categories and definitions, see:   HYPERLINK "http://www.whitehouse.gov/omb/egov/documents/FY07_Ref_Model_Mapping_Qui ckGuide.pdf"  http://www.whitehouse.gov/omb/egov/documents/FY07_Ref_Model_Mapping_Quic kGuide.pdf .

8. Privacy Act System of Records (if applicable) :

Federal Register Citation:    Volume    FORMTEXT            Page Number    FORMTEXT            Publication Date    FORMTEXT

9. Respondents

Total Number:    FORMTEXT  730

Small Entity Number:    FORMTEXT  730

Percentage of responses collected electronically:    FORMTEXT  0

Affected Public (check one) :

  FORMCHECKBOX    Individuals or Households

  FORMCHECKBOX    Private Sector (if private sector, check all that apply)

                  FORMCHECKBOX    Business or other for-profit

                  FORMCHECKBOX    Not-for-profit institutions

                  FORMCHECKBOX    Farms

  FORMCHECKBOX    State, Local, or Tribal Governments

  FORMCHECKBOX    Federal Government

Note:  Only one selection may be made.  If multiple categories apply, you must create additional ICs to account for the burden associated with each category.  Selecting multiple subcategories within “Private Sector” will not affect then number of ICs required.

10. Frequency: How often on average will each respondent respond to the Information Collection?

Calculated Annual Frequency:    FORMTEXT  2

   (responses per respondent per year)

Calculated Annual Number of Responses:    FORMTEXT  1475

  FORMCHECKBOX    Year

  FORMCHECKBOX    Hour

  FORMCHECKBOX    Business hour

  FORMCHECKBOX    Day

  FORMCHECKBOX    Business Day

  FORMCHECKBOX    Week

  FORMCHECKBOX    Month

  FORMCHECKBOX    Decade

  FORMCHECKBOX    Quarter

  FORMCHECKBOX    Half-year

Number of Respondents   FORMTEXT  730   per

	11. Hour and Cost Burden: Enter the hours and cost (per response) broken漠瑵戠⁹敲潰瑲湩Ⱨ爠捥牯敫灥湩Ⱨ愠摮琠楨摲 瀠牡祴搠獩汣獯牵㩥഍䠍畯獲瀠牥删獥潰獮൥潔慴湁 畮污䠠畯⁲畂摲湥䌍獯⁴数⁲敒灳湯敳名瑯污䄠湮慵 潃瑳䈠牵敤൮刍灥牯楴杮ግ䘠剏呍塅⁔ᐁ⸲㠵ക–但䵒 䕔员Ġ㌔㠬ㄱക–但䵒䕔员Ġ␔⸰〰ക–但䵒䕔员Ġ␔⸰ 〰ക

h

-

N¶

-

:

;

I

J

K

M

Q

R

`

瑹撃!Ȁ`

a

b

f

g

h

i

o

s

Î

Ð

ê

ö

÷

ø

ü

ý

摧撃!܀

2

l

m

m

„

…

†

ˆ

‰

—

˜

™

¢

£

±

²

³

»

¼

Ê

Ë

Ì

Õ

Ö

ä

å

æ

ï

ð

摧撃!؀ð

ñ

ÿ

摧撃!¥欀d

j‹

j

Recordkeeping

  FORMTEXT  0.28

  FORMTEXT  420

  FORMTEXT  $0.00

  FORMTEXT  $0.00

Third Party Disclosure

  FORMTEXT

  FORMTEXT

  FORMTEXT

  FORMTEXT

Total

  FORMTEXT  2.87

  FORMTEXT  4,231

  FORMTEXT  $0.00

  FORMTEXT  $0.00

IMPORTANT: “Cost per Response” and “Total Annual Cost Burden” should include Capital/Startup and O&M costs only.

12. Annual Responses and Burden Change

Total Requested

Program Change due to New Statute

Program Change due to Agency Discretion

Change due to Adjustment in Agency Estimate

Change due to Violation of the PRA

Currently Approved

Annual Responses

  FORMTEXT  1,475

  FORMTEXT

  FORMTEXT

  FORMTEXT

  FORMTEXT

Annual Hour Burden

  FORMTEXT  4,231

  FORMTEXT

  FORMTEXT

  FORMTEXT

  FORMTEXT

  FORMTEXT

Annual Cost Burden

 $0.00

  FORMTEXT

  FORMTEXT

  FORMTEXT

  FORMTEXT

  FORMTEXT

 PAGE

 PAGE   1

Revised 9/1/2006


[Federal Register Volume 80, Number 130 (Wednesday, July 8, 2015)]
[Notices]
[Pages 39094-39095]
[FR Doc No: 2015-16685]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14550-001]

New England Hydropower Company, LLC; Notice of Application
Tendered for Filing With the Commission and Soliciting Additional Study
Requests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: Exemption from Licensing.

    b. Project No.: 14550-001.
    c. Date filed: June 26, 2015.
    d. Applicant: New England Hydropower Company, LLC.
    e. Name of Project: Hanover Pond Dam Hydroelectric Project.
    f. Location: On the Quinnipiac River, near the city of Meriden, in
New Haven County, Connecticut. No federal lands would be occupied by
project works or located within the project boundary.
    g. Filed Pursuant to: Public Utility Regulatory Policies Act of
1978, 16 U.S.C. 2705, 2708.
    h. Applicant Contact: Mr. Michael C. Kerr, New England Hydropower
Company, LLC, P.O. Box 5524, Beverly Farms, Massachusetts 01915; (978)
360-2547<EMAIL_ADDRESS>    i. FERC Contact: John Ramer,<PHONE_NUMBER><EMAIL_ADDRESS>    j. Cooperating agencies: Federal, state, local, and tribal agencies
with jurisdiction and/or special expertise with respect to
environmental issues that wish to cooperate in the preparation of the
environmental document should follow the instructions for filing such
requests described in item l below. Cooperating agencies should note
the Commission's policy that agencies that cooperate in the preparation
of the environmental document cannot also intervene. See, 94 FERC ]
61,076 (2001).
    k. Pursuant to section 4.32(b)(7) of 18 CFR of the Commission's
regulations, if any resource agency, Indian Tribe, or person believes
that an additional scientific study should be conducted in order to
form an adequate factual basis for a complete analysis of the
application on its merit, the resource agency, Indian Tribe, or person
must file a request for a study with the Commission not later than 60
days from the date of filing of the application, and serve a copy of
the request on the applicant.
    l. Deadline for filing additional study requests and requests for
cooperating agency status: August 25, 2015.
    The Commission strongly encourages electronic filing. Please file
additional study requests and requests for cooperating agency status
using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. For assistance, please contact FERC Online Support
at<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202)
502-8659 (TTY). In lieu of electronic filing, please send a paper copy
to: Secretary, Federal Energy Regulatory Commission, 888 First Street
NE., Washington, DC 20426. The first page of any filing should include
docket number P-14550-001.
    m. The application is not ready for environmental analysis at this
time.
    n. The Hanover Pond Dam Hydroelectric Project would consist of: (1)
An existing 25-foot-high, 150-foot-long earth embankment dam with four
low-level sluice gates and a 250-foot-long concrete spillway; (2) the
existing approximately 71.0-acre Hanover Pond with a storage capacity
of 1,800 acre-feet at a normal operating elevation of about 87.3 feet
NGVD29; (3) an existing 175-foot-long, 16.0-foot-wide fish ladder; (4)
a new 8-foot-high, 12.5-foot-wide hydraulically-powered sluice gate
equipped with a new 8-foot-high, 17-foot-wide trashrack with 9-inch bar
spacing; (5) a new 78-foot-long, 12-foot-diameter buried precast
concrete penstock; (6) a new 46.5-foot-long, 11.65-foot wide Archimedes
screw generator unit, with an installed capacity of 192 kilowatts; (7)
a new 12-foot-high, 18-foot-long, 16.0-foot-wide concrete powerhouse
containing a new gearbox, generator, and electrical controls; (8) a new
15-foot-long, variable-width concrete tailrace; (9) a new 500-foot-
long, 35-kilovolt above ground transmission line connecting the
powerhouse to Connecticut Light and Power's distribution system; and
(10) appurtenant facilities. The estimated annual generation of the
proposed Hanover Pond Dam Project would be about 900 megawatt-hours.
    o. A copy of the application is available for review at the
Commission in the Public Reference Room or may be viewed on the
Commission's Web site at http://www.ferc.gov using the ``eLibrary''
link. Enter the docket number excluding the last three digits in the
docket number field to access the document. For assistance, contact
FERC Online Support. A copy is also available for inspection and
reproduction at the address in item h above.
    You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    p. With this notice, we are initiating consultation with the New
Hampshire State Historic Preservation Officer (SHPO), as required by
section 106 of the National Historic Preservation Act and the
regulations of the Advisory Council on Historic Preservation, 36 CFR
800.4.
    q. Procedural schedule: The application will be processed according
to the following preliminary schedule. Revisions to the schedule will
be made as appropriate (e.g., study requests and/or application
deficiencies may lengthen the schedule).
    Issue Notice of Acceptance/Ready for Environmental Analysis--
September 2015
    Issue EA/Order--February 2016

    Dated: June 30, 2015.
Kimberly D. Bose,
 Secretary.
[FR Doc. 2015-16685 Filed 7-7-15; 8:45 am]
 BILLING CODE 6717-01-P


1 David Doane < DDoane@ ILTA. org> 10/ 24/ 2003 09: 32 AM To: Jeff Herzog/ AA/ USEPA/ US@ EPA cc: Subject: RE: Request for input from ILTA on the potential for contamination of jet fuel with the EPA proposed heating oil marker Jeff, Thank you for providing ILTA with the opportunity to provide you with information. I will forward your request to a number of our terminal members who meet the criteria you specified. Please let me know the deadline for our response. We will work within whatever timeframe you have. Best regards, David  Original Message From: Herzog. Jeff@ epamail. epa. gov [ mailto: Herzog. Jeff@ epamail. epa. gov] Sent: Thursday, October 23, 2003 3: 21 PM To: David Doane; Renita Gross Subject: Request for input from ILTA on the potential for contamination of jet fuel with the EPA proposed heating oil marker Importance: High David, This note is to request your input on whether the safeguards taken at smaller terminal facilities which handle both jet fuel and heating oil ( such as those represented by ILTA) to prevent jet fuel contamination by heating oil and the IRS red dye would also be sufficient to prevent the contamination of jet fuel with the marker that we proposed be added to heating oil under the nonroad diesel fuel proposed rule.

As you are aware, the Coordinating Research Council ( CRC) fuel marker task force was formed to address concerns regarding the potential contamination of jet fuel with the proposed heating oil marker. Under our proposal, the fuel marker would be needed in heating oil to ensure that heating oil would not be diverted into the nonroad, locomotive, and marine ( NRLM) diesel pool because we could not rely on the measurement of sulfur content to differentiate NRLM diesel from heating oil. This is because in the early years of the program we proposed to allow small quantities of high sulfur fuel destined for the NRLM market to continue to be manufactured by small refiners and under the proposed refiner credit provisions. We proposed to allow this high sulfur NRLM fuel to be blended downstream with other NRLM fuel that was manufactured to the proposed 500 ppm sulfur standard.

We proposed that the fuel marker be added to heating oil at the refinery. The majority of concerns voiced about potential marker contamination of jet fuel pertain to shipments of marked heating oil in 2 pipelines that also carry marked heating oil. If, as we hope, we are able to finalize a designate and track system of ensuring refiner compliance with the proposed desulfurization requirements ( in place of the proposed baseline approach), we may be able to move the point of marker addition to the terminal level ( when red dye is injected per IRS requirements). Moving the point of marker addition to the terminal might alleviate the majority of jet fuel contamination concerns.

The CRC task force has received input from a number of larger terminals which indicates that their fueling hardware and practices would essentially preclude any potential for contaminating jet fuel with heating oil containing the proposed marker ( or with the marker itself). However, there remains some concern within the CRC group that this may not be the case for smaller terminals and other entities that would distribute both jet fuel and marked heating oil.

I would appreciate any input that you may be able to provide regarding situations at your member facilities (& operations) where there may be a risk of contaminating jet fuel with the fuel marker that we envision would be added to heating oil ( at the time the IRS required red dye addition takes place at the terminal), and what measures would be necessary to mitigate such risks. I am particularly interested in cases where the same equipment would be used for handling jet fuel and marked heating oil, and what measures that are already in place to prevent red dye ( and heating oil) contamination of jet fuel. Also of interest are the safeguards currently in place to prevent the accidental injection of red dye into jet fuel, and the quality control measures that might be implemented to ensure the proper functioning of injection equipment used to add the fuel marker to heating oil ( to prevent accidental overuse of the marker). I believe that the presence of a fuel marker in addition to the red dye downstream of the terminal would not make the task of limiting contamination of jet fuel more difficult than it is today, and request your input on this assessment. I would also appreciate your input on how your members would handle injecting the fuel marker into heating oil, including what additional hardware might be needed.

Thanks for consideration,

Jeffrey A. Herzog, Mechanical Engineer United States Environmental Protection Agency National Vehicle and Fuel Emissions Laboratory Assessment and Standards Division 2000 Traverwood Drive Ann Arbor, Michigan, 48105 Phone: ( 734) 214 4227 Fax: ( 734) 214 4816 E Mail: herzog. jeff@ epa. gov


[Federal Register: May 29, 2008 (Volume 73, Number 104)]
[Rules and Regulations]
[Page 30743-30745]
[DOCID:fr29my08-5]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-0214; Directorate Identifier 2007-NM-224-AD;
Amendment 39-15528; AD 2008-11-06]
RIN 2120-AA64

Airworthiness Directives; McDonnell Douglas Model 717-200
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for certain
McDonnell Douglas Model 717-200 airplanes. This AD requires installing
an additional support bracket for the gray water drain hose; replacing
the screw of the support bracket with a new screw for the potable water
supply hose; installing a spacer; doing a detailed inspection to detect
interference or wear damage on hoses, lines and/or cables; and doing
corrective actions if necessary. This AD results from reports

of interference between the potable water supply hose and/or gray water
drain hose at the aft lavatories and the fuel line and/or power feeder
cables of the auxiliary power unit (APU) located below the aft cabin
floor. We are issuing this AD to prevent interference and chafing
between the potable water supply hose and/or gray water hose and the
fuel line and/or power feeder cables of the APU, which could cause
arcing and sparking, and/or fuel leaking, and consequent fire.

DATES: This AD is effective July 3, 2008.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of July 3,
2008.

ADDRESSES: For service information identified in this AD, contact
Boeing Commercial Airplanes, Long Beach Division, 3855 Lakewood
Boulevard, Long Beach, California 90846, Attention: Data and Service
Management, Dept. C1-L5A (D800-0024).

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 (telephone<PHONE_NUMBER>) is the 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: Ken Sujishi, Aerospace Engineer, Cabin
Safety/Mechanical and Environmental Systems Branch, ANM-150L, FAA, Los
Angeles Aircraft Certification Office, 3960 Paramount Boulevard,
Lakewood, California 90712-4137; telephone<PHONE_NUMBER>; fax (562)
627-5210.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 to include an airworthiness directive (AD) that would apply to
certain McDonnell Douglas Model 717-200 airplanes. That NPRM was
published in the Federal Register on November 21, 2007 (72 FR 65478).
(A correction of the proposed rule was published in the Federal
Register on December 21, 2007 (72 FR 72823).) That NPRM proposed to
require installing an additional support bracket for the gray water
drain hose; replacing the screw of the support bracket with a new screw
for the potable water supply hose; installing a spacer; doing a
detailed inspection to detect interference or wear damage on hoses,
lines and/or cables; and doing corrective actions if necessary.

Comments

    We gave the public the opportunity to participate in developing
this AD. We considered the comments received.

Request To Exclude a Certain Airplane From the Applicability Statement

    AirTran Airways (AirTran) states that it supports the proposed
actions, but requests that we remove a certain airplane (fuselage
number 5005) from the proposed applicability statement. AirTran notes
that the proposed requirements were accomplished on this specific
airplane during the Boeing service bulletin validation program, so it
should not be required to re-accomplish the proposed requirements or to
obtain an approval of an alternative method of compliance in order to
comply with the AD.
    We agree that the specific airplane should not be subject to this
AD because it has already had the required actions completed on it.
Therefore, we have excluded that airplane from the applicability
statement of this AD.

Request To Revise Certain Language

    Boeing requests that we revise certain language in the Discussion
section of the NPRM to clarify the cause of the unsafe condition and
the circumstances under which it was identified.
    We agree that the language suggested by Boeing is more accurate and
does clarify the circumstances under which the specified unsafe
condition was identified. However, because the Discussion section is
not repeated in this final rule, we have not changed the AD in this
regard.

Request To Revise Paragraph (g) of the NPRM

    Boeing requests that we revise paragraph (g) of the NPRM to require
accomplishment of the actions specified in that paragraph in accordance
with Boeing Alert Service Bulletin 717-38A0004, Revision 1, dated
August 15, 2007. Paragraph (g) of the NPRM specifies contacting the FAA
for certain repair instructions. Boeing asserts that the current
proposed language is unduly restrictive on operators and that operators
should be allowed to use standard practices specified in certain
maintenance manuals.
    We do not agree to revise paragraph (g) of this AD to refer to the
service bulletin for certain repair instructions, as suggested by
Boeing. In two places, where the service bulletin addresses the
corrective action for ``APU Fuel Line Interference and/or Wear'',
Boeing states to repair the APU fuel line and references the MD-80
airplane maintenance manual. As such, the AD does allow operators to
use standard practices specified in the airplane maintenance manual.
However, Boeing also states ``or contact Boeing for a specific
repair.'' It is our understanding that Boeing's intent is that in the
unlikely event that damage is found that is not addressed by the
standard practices contained in the airplane maintenance manual, the
operator should contact Boeing for a ``specific'' repair. We do not
consider a specific repair to be ``standard'' practices. For this
reason, paragraph (g) of this AD specifies that operators contact us
only when the service bulletin specifies contacting the manufacturer.
To allow operators to contact the manufacturer for a specific repair
would be delegating our rulemaking authority to the manufacturer.
Without paragraph (g), the AD would be requiring only an unspecified
Boeing developed repair. This is in fact delegating our rulemaking
authority to Boeing. We have not changed the AD in this regard.

Request To Allow Credit for Revision 1 or Later Revisions of the
Service Bulletin

    Boeing requests that we revise paragraph (h) of the NPRM to allow
credit for actions done using Revision 1 of the service bulletin.
Boeing asserts that the text of the NPRM would not credit operators
that used Revision 1 of the service bulletin as having met the intent
of the AD. Boeing also requests that we allow operators to use later
versions of the service bulletin.
    We do not agree. This AD requires the actions to be done in
accordance with Revision 1 of the service bulletin. In the event that
an operator accomplishes the required actions in accordance with
Revision 1 of the service bulletin before the effective date of the AD,
paragraph (e) specifies that the actions are required ``unless already
accomplished.'' Therefore, credit for using Revision 1 before the
effective date of the AD is already provided. We have not changed the
AD in this regard.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
the AD

with the change described previously. We also determined that this
change will not increase the economic burden on any operator or
increase the scope of the AD.

Costs of Compliance

    There are about 123 airplanes of the affected design in the
worldwide fleet. This AD affects about 95 airplanes of U.S. registry.
The required actions take about 70 work hours per airplane, at an
average labor rate of $80 per work hour. The manufacturer states that
it will supply required parts to the operators at no cost. Based on
these figures, the estimated cost of the AD for U.S. operators is
$532,000, or $5,600 per airplane.

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

    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), and
    (3) 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.
    You can find our regulatory evaluation and the estimated costs of
compliance in the AD Docket.

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

0
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 adding the following new AD:

2008-11-06 McDonnell Douglas: Amendment 39-15528. Docket No. FAA-
2007-0214; Directorate Identifier 2007-NM-224-AD.

Effective Date

    (a) This airworthiness directive (AD) is effective July 3, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to McDonnell Douglas Model 717-200
airplanes, certificated in any category; as identified in Boeing
Alert Service Bulletin 717-38A0004, Revision 1, dated August 15,
2007; excluding fuselage number 5005.

Unsafe Condition

    (d) This AD results from reports of interference between the
potable water supply hose and/or gray water drain hose at the aft
lavatories with the fuel line and/or power feeder cables of the
auxiliary power unit (APU) located below the aft cabin floor. We are
issuing this AD to prevent interference and chafing between the
potable water supply hose and/or gray water hose with the fuel line
and/or power feeder cables of the APU, which could cause arcing and
sparking, and/or fuel leaking, and consequent fire.

Compliance

    (e) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.

Installations, Replacements, Inspections, and Corrective Actions

    (f) Within 27 months after the effective date of this AD, do the
installations, replacement, inspections, and applicable corrective
actions by accomplishing all the actions specified in the
Accomplishment Instructions of Boeing Alert Service Bulletin 717-
38A0004, Revision 1, dated August 15, 2007; except as provided by
paragraph (g) of this AD. The applicable corrective actions must be
done before further flight.
    (g) If any discrepancy is found during any inspection required
by this AD, and Boeing Alert Service Bulletin 717-38A0004, Revision
1, dated August 15, 2007, specifies to contact Boeing for
appropriate action: Before further flight, repair the discrepancy in
accordance with the procedures specified in paragraph (i) of this
AD.

Credit for Actions Done Using the Previous Service Information

    (h) Actions accomplished before the effective date of this AD in
accordance with Boeing Alert Service Bulletin 717-38A0004, dated
December 6, 2006, is considered acceptable for compliance with the
corresponding actions specified in paragraph (f) of this AD.

Alternative Methods of Compliance (AMOCs)

    (i)(1) The Manager, Los Angeles ACO, FAA, has the authority to
approve AMOCs for this AD, if requested in accordance with the
procedures found in 14 CFR 39.19.
    (2) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Before using any approved AMOC on any airplane to which the AMOC
applies, notify your appropriate principal inspector (PI) in the FAA
Flight Standards District Office (FSDO), or lacking a PI, your local
FSDO.

Material Incorporated by Reference

    (j) You must use Boeing Alert Service Bulletin 717-38A0004,
Revision 1, dated August 15, 2007, to do the actions required by
this AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Long Beach Division, 3855 Lakewood
Boulevard, Long Beach, California 90846, Attention: Data and Service
Management, Dept. C1-L5A (D800-0024).
    (3) You may review copies of the service information
incorporated by reference at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue, SW., Renton, Washington; or at the
National Archives and Records Administration (NARA). For information
on the availability of this material at NARA, call<PHONE_NUMBER>, or
go to: http://www.archives.gov/federal_register/code_of_federal_
regulations/ibr_locations.html.

    Issued in Renton, Washington, on May 12, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-11721 Filed 5-28-08; 8:45 am]

BILLING CODE 4910-13-P


MEMORANDUM

DATE:		November 24, 2014

TO:		Clean Power Plan for Existing Power Plants; Docket Id: OAR - 2013-0602

FROM:	EPA Region 1

SUBJECT:	November 21, 2014, Presentation at Meeting of Rhode Island Bar Association Environmental and Energy Law Committee Including Proposed Clean Power Plan for Existing Power Plants  --------------------------------------------------------------------------------

SUMMARY

      On November 21, 2014, Regional Administrator Curt Spalding provided a presentation for a Rhode Island Bar Association Environmental and Energy Law Committee meeting.  Curt Spalding's presentation included an overview of the Clean Power Plan for Existing Power Plants.          ATTENDEES Curt Spalding, EPA

Approximately 20 people attended this committee meeting.  Attendance was not taken by EPA.

Slides attached.