[Federal Register: May 8, 2008 (Volume 73, Number 90)]
[Rules and Regulations]
[Page 25999-26000]
[DOCID:fr08my08-12]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2008-0060; Airspace Docket No. 08-ANE-91]

Establishment of Class E Airspace; Swans Island, ME

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule, confirmation of effective date.

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SUMMARY: This action confirms the effective date of a direct final rule
published in the Federal Register (73 FR 9183) that establishes Class E
Airspace at Swans Island, ME to support a new Area Navigation (RNAV)
Global Positioning System (GPS) Special Instrument Approach Procedure
(IAP) that has been developed for medical flight operations into the
Swans Island Heliport.

DATES: Effective 0901 UTC, June 5, 2008. The Director of the Federal
Register approves this incorporation by reference action under title 1,
Code of Federal Regulations, part 51, subject to the annual revision of
FAA Order 7400.9 and publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Melinda Giddens, System Support Group,
Eastern Service Center, Federal Aviation Administration, P. O. Box
20636, Atlanta, Georgia 30320; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Confirmation of Effective Date

    The FAA published this direct final rule with a request for
comments in the Federal Register on February 20, 2008 (73 FR 9183),
Docket No. FAA-2008 0060; Airspace Docket No. 08-ANE-91. The FAA uses
the direct final rulemaking procedure for a non-

controversial rule where the FAA believes that there will be no adverse
public comment. This direct final rule advised the public that no
adverse comments were anticipated, and that unless a written adverse
comment, or a written notice of intent to submit such an adverse
comment, were received within the comment period, the regulation would
become effective on June 5, 2008. No adverse comments were received,
and thus this notice confirms that effective date.

    Issued in College Park, Georgia, on April 18, 2008.
Lynda G. Otting,
Acting Manager, System Support Group, Eastern Service Center, Air
Traffic Organization.
[FR Doc. E8-9850 Filed 5-7-08; 8:45 am]

BILLING CODE 4910-13-M


[Federal Register Volume 76, Number 169 (Wednesday, August 31, 2011)]
[Notices]
[Pages 54230-54233]
[FR Doc No: 2011-22135]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2010-0014; FRL-8885-6]

Product Cancellation Order for Certain Pesticide Registrations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces EPA's order for the cancellations,
voluntarily requested by the registrants and accepted by the Agency, of
the products listed in Table 1 of Unit II., pursuant to section 6(f)(1)
of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as
amended. This cancellation order follows a January 19, 2011 Federal
Register Notice of Receipt of Requests from the registrants listed in
Table 2 of Unit II. to voluntarily cancel these product registrations.
In the January 19, 2011 notice, EPA indicated that it would issue an
order implementing the cancellations, unless the Agency received
substantive comments within the 180 day comment period that would merit
its further review of these requests, or unless the registrants
withdrew their requests. One comment was received during the 180-day
comment period, but did not merit

further review of the requests to voluntarily cancel certain pesticide
registrations. Accordingly, EPA hereby issues in this notice a
cancellation order granting the requested cancellations. Any
distribution, sale, or use of the products subject to this cancellation
order is permitted only in accordance with the terms of this order,
including any existing stocks provisions.

DATES: The cancellations are effective August 31, 2011.

FOR FURTHER INFORMATION CONTACT: Maia Tatinclaux, Pesticide Re-
evaluation Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general, and may be of
interest to a wide range of stakeholders including environmental, human
health, and agricultural advocates; the chemical industry; pesticide
users; and members of the public interested in the sale, distribution,
or use of pesticides. Since others also may be interested, the Agency
has not attempted to describe all the specific entities that may be
affected by this action. 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?

    EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2010-0014. 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>.

II. What action is the Agency taking?

    This notice announces the cancellation, as requested by
registrants, of 60 products registered under FIFRA section 3. These
registrations are listed in sequence by registration number in Table 1
of this unit.

                     Table 1--Product Cancellations
------------------------------------------------------------------------
     EPA Registration No.           Product name      Active ingredients
------------------------------------------------------------------------
000004-00360..................  Bonide Prometon      Prometon.
                                 3.75% Liquid
                                 Vegetation Killer.
000004-00414..................  Total Weed Killer..  Prometon.
000004-00446..................  Bonide Total         Prometon.
                                 Vegetation Killer
                                 Concentrate.
000228-00186..................  Riverdale 1D + 1DP   2,4-D, 2-ethylhexyl
                                 Low Vol.             ester 2-Ethylhexyl
                                                      (R)-2-(2,4-
                                                      dichlorophenoxy)
                                                      propionate.
000961-00396..................  Lebanon Moss         Ferrous sulfate
                                 Control.             monohydrate.
001022-00409..................  Copper Naphthenate   Copper naphthenate.
                                 WR Wood
                                 Preservative Ready
                                 to Use.
001022-00507..................  Copper Naphthenate   Copper naphthenate.
                                 1%.
001022-00528..................  Copper Naphthenate   Copper naphthenate.
                                 Concentration 8%.
001022-00568..................  Chapco CU-Nap 800    Copper naphthenate.
                                 EC.
001022-00571..................  Chapco CU-Nap 400..  Copper naphthenate.
001022-00579..................  Curap 20 Pak.......  Borax.
                                                     Copper naphthenate.
001448-00149..................  T-30-1.............  2-
                                                      (Thiocyanomethylth
                                                      io) benzothiazole.
001448-00150..................  T-30-2.............  2-
                                                      (Thiocyanomethylth
                                                      io) benzothiazole.
001448-00152..................  T-5-1..............  2-
                                                      (Thiocyanomethylth
                                                      io) benzothiazole.
001448-00153..................  T-5-2..............  2-
                                                      (Thiocyanomethylth
                                                      io) benzothiazole.
001677-00199..................  Quantum TB           Caprylic acid.
                                 Disinfectant.
002217-00755..................  Vegetation Killer    Prometon.
                                 150.
002217-00756..................  Vegetation Killer    Prometon.
                                 250.
002217-00757..................  Vegetation Killer    Prometon.
                                 375.
003008-00093..................  Copper 8-            Copper, bis(8-
                                 Quinolinolate.       quinolinolato-
                                                      N1,O8)-.
004822-00503..................  8539 Disinfectant    1-Octanaminium, N,N-
                                 Spray Cleaner.       dimethyl-N-octyl-,
                                                      chloride.
                                                     1-Decanaminium, N-
                                                      decyl-N,N-dimethyl-
                                                      , chloride.
                                                     1-Decanaminium, N,N-
                                                      dimethyl-N-octyl-,
                                                      chloride.
004822-00504..................  Tough Act The Heavy  Alkyl*dimethyl
                                 Duty Bathroom        benzyl ammonium
                                 Cleaner.             chloride.
                                                     Alkyl*dimethyl
                                                      ethylbenzyl
                                                      ammonium chloride.
004822-00505..................  Dow Aerosol          Alkyl*dimethyl
                                 Disinfectant         benzyl ammonium
                                 Bathroom Cleaner.    chloride.
                                                     Alkyl*dimethyl
                                                      ethylbenzyl
                                                      ammonium chloride.
004822-00506..................  Tough Act The Heavy  Alkyl*dimethyl
                                 Duty Aerosol         benzyl ammonium
                                 Bathroom Cleaner.    chloride.
                                                     Alkyl*dimethyl
                                                      ethylbenzyl
                                                      ammonium chloride.
004822-00507..................  Dow Liquid Bathroom  Alkyl*dimethyl
                                 Cleaner.             benzyl ammonium
                                                      chloride.
                                                     Alkyl*dimethyl
                                                      ethylbenzyl
                                                      ammonium chloride.
007364-00042..................  Tabex Quick Shot     Tricloro-s-
                                 Tablets.             triazinetrione.
007969-00078..................  Basagran M-60        MCPA, dimethylamine
                                 Herbicide.           salt; 3-Isopropyl-
                                                      1H-2, 1,3-
                                                      benzothiadiazin-4
                                                      (3H)-one-2,2-
                                                      dioxide, sodium
                                                      salt.
010707-00005..................  Magnacide 434......  1-(Alkyl* amino)-3-
                                                      aminopropane
                                                      hydroxyacetate
                                                      *(as in fatty
                                                      acids of coconut
                                                      oil).
010707-00006..................  Magnacide 461......  1-(Alkyl* amino)-3-
                                                      aminopropane
                                                      hydroxyacetate
                                                      *(as in fatty
                                                      acids of coconut
                                                      oil).
010707-00033..................  Magnacide B-615....  1-(Alkyl* amino)-3-
                                                      aminopropane
                                                      hydroxyacetate
                                                      *(as in fatty
                                                      acids of coconut
                                                      oil).
010707-00054..................  Microbiocide 56....  1-(Alkyl* amino)-3-
                                                      aminopropane
                                                      hydroxyacetate
                                                      *(as in fatty
                                                      acids of coconut
                                                      oil).

010707-00055..................  X-cide 305.........  1-(Alkyl* amino)-3-
                                                      aminopropane
                                                      hydroxyacetate
                                                      *(as in fatty
                                                      acids of coconut
                                                      oil).
019713-00151..................  Drexel MSMA 8......  MSMA.
019713-00267..................  Drexel MSMA 4 Plus.  MSMA.
019713-00278..................  Drexel MSMA Liquid   MSMA.
                                 6 Plus.
019713-00529..................  Drexel MSMA 600      MSMA.
                                 Herbicide.
033955-00454..................  ACME Vegetation      Prometon.
                                 Killer.
034704-00816..................  Liquid Moss Control  Ferric sulfate.
051036-00363..................  Prompt 5L Herbicide  Atrazine.
                                                     3-Isopropyl-1H-
                                                      2,1,3-
                                                      benzothiadiazin-4
                                                      (3H)-one-2,2-
                                                      dioxide, sodium
                                                      salt.
051036-00415..................  Laddock 5L           Atrazine.
                                 Herbicide.          3-Isopropyl-1H-
                                                      2,1,3-
                                                      benzothiadiazin-4
                                                      (3H)-one-2,2-
                                                      dioxide, sodium
                                                      salt.
051036-00421..................  Basagran AG........  3-Isopropyl-1H-
                                                      2,1,3-
                                                      benzothiadiazin-4
                                                      (3H)-one-2,2-
                                                      dioxide, sodium
                                                      salt.
053883-00064..................  Martin's Fire Bait   Hydramethylnon.
                                 2.
053883-00065..................  Martin's Fire Ant    Hydramethylnon.
                                 Bait 1.
053883-00066..................  Martin's Insect      Hydramethylnon.
                                 Bait 2.
053883-00067..................  Martin's Insect      Hydramethylnon.
                                 Bait 1.
062719-00339..................  MSMA 6.6...........  MSMA.
062719-00340..................  MSMA Plus ``S``....  MSMA.
062719-00343..................  MSMA 51%...........  MSMA.
066330-00386..................  Fluroxypyr           Fluroxypyr 1-
                                 Technical.           methylheptyl
                                                      ester.
086203-00019..................  Yard and Patio       Piperonyl butoxide.
                                 Fogger.             Ethofenprox.
                                                     Tetramethrin.
086203-00020..................  Flying Insect        Piperonyl butoxide.
                                 Killer II.          Ethofenprox.
                                                     Tetramethrin.
086203-00021..................  Crawling Insect      Piperonyl butoxide.
                                 Killer I.           Ethofenprox.
                                                     Tetramethrin.
086203-00022..................  Premium Roach Spray  Piperonyl butoxide.
                                                     Ethofenprox.
                                                     Tetramethrin.
                                                     Pyrethrins
CA020006......................  Linex 50 DF........  Linuron.
ID060002......................  Platinum             Thiamethoxam.
                                 Insecticide.
OR050004......................  Subdue Maxx........  D-Alanine, N-(2,6-
                                                      dimethylphenyl)-N-
                                                      (methoxyacetyl)-,
                                                      methyl ester.
OR060002......................  LSP Flowable         Thiabendazole.
                                 Fungicide.
OR060014......................  Outlook Herbicide..  Dimethenamide-P.
OR060015......................  Platinum...........  Thiamethoxam.
WA090006......................  Nemacur 3            Fenamiphos.
                                 Emulsifiable
                                 Insecticide-
                                 Nematicide.
------------------------------------------------------------------------

    Table 2 of this unit includes the names and addresses of record for
all registrants of the products in Table 1 of this unit, in sequence by
EPA company number. This number corresponds to the first part of the
EPA registration numbers of the products listed in Table 1 of this
unit.

               Table 2--Registrants of Cancelled Products
------------------------------------------------------------------------
              EPA Co. No.                   Company name and address
------------------------------------------------------------------------
4.....................................  Bonide Products, Inc., Agent
                                         Registrations By Design, Inc.,
                                         P.O. Box 1019, Salem, VA 24153-
                                         3805.
228...................................  Nufarm Americas Inc., 150
                                         Harvester Drive, Suite 200,
                                         Burr Ridge, IL 60527.
961...................................  Lebanon Seaboard Corporation,
                                         1600 East Cumberland St.,
                                         Lebanon, PA 17042.
1022..................................  IBC Manufacturing Co., 416 E.
                                         Brooks Rd., Memphis, TN 38109.
1448..................................  Buckman Laboratories Inc., 1256
                                         North McLean Blvd., Memphis, TN
                                         38108.
1677..................................  Ecolab Inc., 370 North Wabasha
                                         St., St. Paul, MN 55102.
2217..................................  PBI/Gordon Corp., 1217 West 12th
                                         St., P.O. Box 014090, Kansas
                                         City, MO 64101-0090.
3008..................................  Osmose Inc., 980 Ellicott St.,
                                         Buffalo, NY 14209.
4822..................................  S.C. Johnson & Son Inc., 1525
                                         Howe St., Racine, WI 53403.
7364..................................  GLB Pool & Spa (An Arch
                                         Chemicals, Inc. Business), W175
                                         N11163 Stonewood Drive, Suite
                                         234, Germantown, WI 53022-4799.
7969..................................  BASF Corporation, 26 Davis
                                         Drive, P.O. Box 13528, Research
                                         Triangle Park, NC 27709-3528.
10707.................................  Baker Petrolite Corporation,
                                         12645 West Airport Blvd., Sugar
                                         Land, TX 77478.
19713.................................  Drexel Chemical Company, 1700
                                         Channel Ave., P.O. Box 13327,
                                         Memphis, TN 38113-0327.
33955.................................  PBI/Gordon Corp., 1217 West 12th
                                         St., P.O. Box 014090, Kansas
                                         City, MO 64101-0090.

34704.................................  Loveland Products, Inc., P.O.
                                         Box 1286, Greeley, Colorado
                                         80632-1286.
51036.................................  BASF Sparks LLC, P.O. Box 13528,
                                         Research Triangle Park, NC
                                         27709-3528.
53883.................................  Control Solutions, Inc., Agent
                                         Name: D. O'Shaughnessy
                                         Consulting, Inc., 427 Hide Away
                                         Circle, Cub Run, KY 42729.
62719.................................  Dow Agrosciences LLC, 9330
                                         Zionsville Rd 308/2E,
                                         Indianapolis, IN 46268-1054.
66330.................................  Arysta LifeScience North
                                         America, LLC, 15401 Weston
                                         Parkway, Suite 150, Cary, NC
                                         27513.
86203.................................  Mitsui Chemicals Agro, Inc.,
                                         P.O. Box 5126, Vadosta, GA
                                         31603-5126.
CA020006..............................  Pan American Seed Co., P.O. Box
                                         506, Lompoc, CA 93438.
ID060002; OR060015; OR050004..........  Syngenta Crop Protection, Inc.,
                                         ATTN: Regulatory Affairs, P.O.
                                         Box 18300, Greensboro, NC 27419-
                                         8300.
OR060014..............................  BASF Corporation, Agricultural
                                         Products, 26 Davis Drive, P.O.
                                         Box 13528, Research Triangle
                                         Park, NC 27709-3528.
OR060002..............................  Bayer CropScience LP, 2 T.W.
                                         Alexander Drive, P.O. Box
                                         12014, Research Triangle Park,
                                         NC 27709.
WA090006..............................  Bayer CropScience LP, 2 T.W.
                                         Alexander Drive, P.O. Box
                                         12014, Research Triangle Park,
                                         NC 27709.
------------------------------------------------------------------------

III. Summary of Public Comments Received and Agency Response to
Comments

    During the public comment period provided, EPA received one comment
in response to the January 19, 2011 Federal Register notice announcing
the Agency's receipt of the requests for voluntary cancellations of
products listed in Table 1 of Unit II regarding the export of cancelled
pesticide products. This comment was not relevant to the request to
voluntarily cancel certain pesticide registrations. For more
information regarding EPA's export policies for cancelled pesticides,
see FIFRA section 17.

IV. Cancellation Order

    Pursuant to FIFRA section 6(f), EPA hereby approves the requested
cancellations of the registrations identified in Table 1 of Unit II.
Accordingly, the Agency hereby orders that the product registrations
identified in Table 1 of Unit II are cancelled. The effective date of
the cancellations that are the subject of this notice is August 31,
2011. Any distribution, sale, or use of existing stocks of the products
identified in Table 1 of Unit II. in a manner inconsistent with any of
the provisions for disposition of existing stocks set forth in Unit VI.
will be a violation of FIFRA.

V. What is the Agency's authority for taking this action?

    Section 6(f)(1) of FIFRA provides that a registrant of a pesticide
product may at any time request that any of its pesticide registrations
be cancelled or amended to terminate one or more uses. FIFRA further
provides that, before acting on the request, EPA must publish a notice
of receipt of any such request in the Federal Register. Thereafter,
following the public comment period, the EPA Administrator may approve
such a request. The notice of receipt for this action was published for
comment in the Federal Register issue of January 19, 2011 (76 FR 3138)
(FRL-8857-1). The comment period closed on July 14, 2011.

VI. Provisions for Disposition of Existing Stocks

    Existing stocks are those stocks of registered pesticide products
which are currently in the United States and which were packaged,
labeled, and released for shipment prior to the effective date of the
cancellation action. The existing stocks provisions for the products
subject to this order are as follows.
    The registrants may continue to sell and distribute existing stocks
of products listed in Table 1 of Unit II. until August 30, 2012, which
is 1 year after the publication of the Cancellation Order in the
Federal Register. Thereafter, the registrants are prohibited from
selling or distributing products listed in Table 1, except for export
in accordance with FIFRA section 17, or proper disposal. Persons other
than the registrants may sell, distribute, or use existing stocks of
products listed in Table 1 of Unit II. until existing stocks are
exhausted, provided that such sale, distribution, or use is consistent
with the terms of the previously approved labeling on, or that
accompanied, the cancelled products.
    Certain requests to voluntarily cancel pesticide products announced
in the January 19, 2011 6(f) Notice, (FRL-8857-1) were omitted from
this cancellation order because those products were cancelled in a
previously published document. The effective date of cancellation of
those products was July 15, 2011 as stated in the cancellation order
titled: ``Cancellation of Pesticides for Non-Payment of Year 2011
Registration Maintenance Fees.'' The cancellation order was published
July 27, 2011 (76 FR 44907) (FRL-8879-8) and can be found in docket
EPA-HQ-OPP-2011-0558. See EPA docket EPA-HQ-OPP-2011-0558; FRL-8879-8
for a list of those registration numbers.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: August 24, 2011.
Peter Caulkins,
Acting Director, Pesticide Re-evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2011-22135 Filed 8-30-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 152 (Monday, August 8, 2011)]
[Proposed Rules]
[Pages 48049-48053]
[FR Doc No: 2011-19968]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0723; Directorate Identifier 2010-NM-080-AD]
RIN 2120-AA64

Airworthiness Directives; Lockheed Martin Corporation/Lockheed
Martin Aeronautics Company Model L-1011 Series Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to supersede an existing airworthiness directive
(AD) that applies to Model L-1011-385-1, L-1011-385-1-14, and L-1011-
385-1-15 airplanes. The existing AD currently requires implementation
of a Supplemental Inspection Document (SID) program of structural
inspections to detect fatigue cracking, and repair, if necessary, to
ensure continued airworthiness of these airplanes as they approach the
manufacturer's original fatigue design life goal. Since we issued that
AD, an evaluation by the manufacturer of usage and flight data provided
additional information about certain Structurally Significant Details
(SSDs) where fatigue damage is likely to occur. This proposed AD would
add airplanes to the applicability, change certain inspection
thresholds, add three new SSDs, and remove an SSD that has been
addressed by a different AD. We are proposing this AD to prevent
fatigue cracking that could compromise the structural integrity of
these airplanes.

DATES: We must receive comments on this proposed AD by September 22,
2011.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.

     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this AD, contact Lockheed
Martin Corporation/Lockheed Martin Aeronautics Company, Airworthiness
Office, Dept. 6A0M, Zone 0252, Column P-58, 86 S. Cobb Drive, Marietta,
Georgia 30063; phone:<PHONE_NUMBER>; fax<PHONE_NUMBER>; e-mail
<EMAIL_ADDRESS>Internet http://www.lockheedmartin.com/ams/tools/TechPubs.html. You may review copies of the referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue, SW., Renton, Washington. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Office (phone:<PHONE_NUMBER>) is in the ADDRESSES
section. Comments will be available in the AD docket shortly after
receipt.

FOR FURTHER INFORMATION CONTACT: Carl Gray, Aerospace Engineer,
Airframe Branch, ACE-117A, FAA, Atlanta Aircraft Certification Office
(ACO), 1701 Columbia Avenue, College Park, Georgia 30337; phone: 404-
474-5554; fax<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2011-0723;
Directorate Identifier 2010-NM-080-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    On December 5, 1995, we issued AD 95-20-04 R1, Amendment 39-9454
(60 FR 63414, December 11, 1995), for all Lockheed Model L-1011-385-1
series airplanes. That AD requires implementation of a Supplemental
Inspection Document (SID) program of structural inspections to detect
fatigue cracking, and repair, if necessary, to ensure continued
airworthiness of these airplanes as they approach the manufacturer's
original fatigue design life goal. That AD resulted from a structural
re-evaluation by the manufacturer that identified certain structural
details where fatigue damage is likely to occur. We issued that AD to
prevent fatigue cracking that could compromise the structural integrity
of these airplanes.

Actions Since Existing AD Was Issued

    Since we issued AD 95-20-04 R1, an evaluation by the manufacturer
of usage and flight data provided additional information about certain
SSDs where fatigue damage is likely to occur. Therefore, this proposed
AD changes certain inspection thresholds and intervals for Model L-
1011-385-1, L-1011-385-1-14, and L-1011-385-1-15 airplanes, adds three
new SSDs, and removes an SSD that has been addressed by AD 99-08-20,
amendment 39-11128 (64 FR 18324, April 14, 1999). AD 99-08-20 requires
repetitive inspections to detect cracking of the bulkhead web and cap
at fuselage station 1363, and repair if necessary.
    When we issued AD 95-20-04 R1, Model L-1011-385-3 airplanes were
not included in the applicability. These long-range airplanes flew less
frequently and were neither imminently approaching nor had exceeded the
manufacturer's original fatigue design life goal. In the NPRM for AD
95-20-04, Amendment 39-9382 (60 FR 51713, October 3, 1995) we stated
that as these airplanes accumulated more hours time-in-service, and as
the critical area selection was developed and identified, we
anticipated that these airplanes would be addressed in future
rulemaking actions. We now have determined that further rulemaking is
indeed necessary for these airplanes, and we have added them to the
applicability of this proposed AD.

Relevant Service Information

    We reviewed Lockheed Document Number LG92ER0060, ``L-1011-385
Series Supplemental Inspection Document,'' revised April 2009
(hereafter referred to as ``the Lockheed Document''). The Lockheed
Document describes procedures for supplemental inspections of SSDs for
all Model L-1011 series airplanes. The Lockheed Document identifies
SSDs in fuselage, stabilizer, and wing-critical areas. The Lockheed
Document changes certain inspection thresholds, adds Model L-1011-353-3
airplanes to the effectivity, adds SSDs 57-3-10, 57-3-11, 57-4-1C, and
removes SSD 53-4-3. The Lockheed Document also specifies that operators
submit the results of these inspections to Lockheed.

FAA's Determination

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

Proposed AD Requirements

    This proposed AD would retain all requirements of AD 95-20-04 R1.
This proposed AD would add Model L-1011-385-3 airplanes to the
applicability, change certain inspection thresholds and intervals for
Model L-1011-385-1, L-1011-385-1-14, and L-1011-385-1-15 airplanes, add
three new SSDs for Model L-1011-385-3 airplanes, and remove an SSD that
has been addressed by a different AD action. This proposed AD would
also require accomplishing the actions specified in the service
information described previously. This proposed AD would also require
sending the inspection results to the manufacturer.

Change to Existing AD

    This proposed AD would retain all requirements of AD 95-20-04 R1.
Since AD 95-20-04 R1 was issued, the AD format has been revised, and
certain paragraphs have been rearranged. As a result, the corresponding
paragraph identifiers have changed in this proposed AD, as listed in
the following table:

                      Revised Paragraph Identifiers
------------------------------------------------------------------------
                                      Corresponding requirement in this
     Requirement in AD 95-20-04                  proposed AD
------------------------------------------------------------------------
             paragraph (a)                        paragraph (g)
             paragraph (b)                        paragraph (n)
             paragraph (c)                        paragraph (o)
------------------------------------------------------------------------

Costs of Compliance

    We estimate that this proposed AD affects 26 airplanes of U.S.
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Number of
            Action                  Labor cost      Parts cost   Cost per product   airplanes     Cost for U.S.
                                                                                affected       operators
----------------------------------------------------------------------------------------------------------------
Incorporate SID into            550 work-hours x            $0  $46,750..........           26  $1,215,500.
 maintenance program [retained   $85 per hour =
 actions from existing AD].      $46,750.
Initial inspections [retained   245 work-hours x             0  $20,825..........           26  $541,450.
 actions from existing AD].      $85 per hour =
                                 $20,825.
Repetitive inspections          52 work-hours x              0  $4,420 per                  26  $114,920 per
 [retained actions from          $85 per hour =                  inspection cycle.               inspection
 existing AD].                   $4,420 per                                                      cycle.
                                 inspection cycle.
Incorporate SID into            1 work-hour x $85            0  $85..............            2  $170.
 maintenance program [new        = $85.
 proposed action for Model L-
 1011-385-3 airplanes].
Initial inspections [new        48 work-hours x              0  $4,080...........            2  $8,160.
 proposed action for Model L-    $85 per hour =
 1011-385-3 airplanes].          $4,080.
Repetitive inspections [new     44 work-hours x              0  $3,740 per                   2  $7,480 per
 proposed action for Model L-    $85 per hour =                  inspection cycle.               inspection
 1011-385-3 airplanes].          $3,740 per                                                      cycle.
                                 inspection cycle.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

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

Regulatory Findings

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

    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]

    2. The FAA amends Sec.  39.13 by removing airworthiness directive
(AD) 95-20-04 R1, Amendment 39-9454 (60 FR 63414, December 11, 1995),
and adding the following new AD:

Lockheed Martin Corporation/Lockheed Martin Aeronautics Company:
Docket No. FAA-2011-0723; Directorate Identifier 2010-NM-080-AD.

Comments Due Date

    (a) The FAA must receive comments on this AD action by September
22, 2011.

Affected ADs

    (b) This AD supersedes AD 95-20-04 R1, Amendment 39-9454.

Applicability

    (c) All Lockheed Martin Corporation/Lockheed Martin Aeronautics
Company Model L-1011-385-1, L-1011-385-1-14, L-1011-385-1-15, and L-
1011-385-3 airplanes, certificated in any category.

Subject

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

Unsafe Condition

    (e) This AD was prompted by an evaluation by the manufacturer of
usage and flight data that provided additional information about
certain Structurally Significant Details (SSDs) where fatigue damage
is likely to occur. We are issuing this AD to prevent fatigue
cracking that could compromise the structural integrity of these
airplanes.

Compliance

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

Restatement of the Requirements of AD 95-20-04 R1: Revision and
Inspections

    (g) For Model L-1011-385-1, L-1011-385-1-14, and L-1011-385-1-15
airplanes: Within 12 months after November 2, 1995 (the effective
date of AD 95-20-04 R1), incorporate a revision into the maintenance
inspection program which provides for inspection(s) of the
structurally significant details (SSD) defined in Lockheed Document

Number LG92ER0060, ``L-1011-385 Series Supplemental Inspection
Document,'' revised January 1994. Doing the revision required by
paragraph (h) of this AD terminates the requirement to revise the
maintenance inspections program specified in this paragraph. Doing
the inspections required by paragraph (i) of this AD terminates the
corresponding inspection requirements of this paragraph.
    (1) The initial inspection for each SSD must be performed at the
later of the times specified in paragraph (g)(1)(i) or (g)(1)(ii) of
this AD.
    (i) Within one repeat interval measured from November 2, 1996
(12 months after November 2, 1995).
    (ii) Prior to the threshold specified in Lockheed Document
Number LG92ER0060, ``L-1011-385 Series Supplemental Inspection
Document,'' revised January 1994, for that SSD.
    (2) A 10 percent deviation from the repetitive interval
specified in Lockheed Document Number LG92ER0060, ``L-1011-385
Series Supplemental Inspection Document,'' revised January 1994, for
that SSD is acceptable to allow for planning and scheduling time.
    (3) If Lockheed Document Number LG92ER0060, ``L-1011-385 Series
Supplemental Inspection Document,'' revised January 1994, specifies
that inspection of any SSD be performed at every ``C'' check, those
inspections must be performed at intervals not to exceed 5,000 hours
time-in-service or 2,500 flight cycles, whichever occurs earlier.
    (4) If Lockheed Document Number LG92ER0060, ``L-1011-385 Series
Supplemental Inspection Document,'' revised January 1994, specifies
either the initial inspection or the repetitive inspection intervals
for any SSD in terms of flight hours or flight cycles, the
inspection shall be performed prior to the earlier of the terms
(whichever occurs first on the airplane: either accumulated number
of flight hours, or accumulated number of flight cycles).
    (5) The non-destructive inspection techniques referenced in
Appendix VI of Lockheed Document Number LG92ER0060, ``L-1011-385
Series Supplemental Inspection Document,'' revised January 1994,
provide acceptable methods for accomplishing the inspections
required by paragraph (g) of this AD.

New Requirements of this AD: New Revision

    (h) For all airplanes: Within 12 months after the effective date
of this AD, incorporate a revision into the maintenance inspection
program which provides for inspection(s) of the SSDs defined in
Lockheed Document Number LG92ER0060, ``L-1011-385 Series
Supplemental Inspection Document,'' revised April 2009. Doing this
revision terminates the requirement to revise the maintenance
inspection program as specified in paragraph (g) of this AD.

Threshold and Intervals

    (i) For all airplanes: Do all applicable inspections specified
in Lockheed Document Number LG92ER0060, ``L-1011-385 Series
Supplemental Inspection Document,'' revised April 2009. Do the
initial inspection or next repetitive inspection at the applicable
time specified in paragraphs (i)(1) and (i)(2) of this AD, except as
provided by paragraphs (j), (k), and (l) of this AD. Repeat the
inspections thereafter in accordance with the intervals and actions
specified in Lockheed Document Number LG92ER0060, ``L-1011-385
Series Supplemental Inspection Document,'' revised April 2009,
except as provided by paragraphs (j), (k), and (l) of this AD. The
non-destructive inspection techniques referenced in Lockheed
Document Number LG92ER0060, ``L-1011-385 Series Supplemental
Inspection Document,'' revised April 2009, provide acceptable
methods for accomplishing the inspections required by this AD. Doing
the inspections required by this paragraph of this AD terminates the
corresponding inspection requirements of paragraph (g) of this AD.
    (1) For Model L-1011-385-3 airplanes; and for Model L-1011-385-
1, L-1011-385-1-14, and L-1011-385-1-15 airplanes on which the
initial inspection required by paragraph (g) of this AD has not been
accomplished before the effective date of this AD: Do the initial
inspection at the later of the times specified in paragraphs
(i)(1)(i) and (i)(1)(ii) of this AD.
    (i) Within one repeat interval measured from a date 12 months
after the effective date of this AD.
    (ii) Before the threshold specified for that SSD in Lockheed
Document Number LG92ER0060, ``L-1011-385 Series Supplemental
Inspection Document,'' revised April 2009.
    (2) For Model L-1011-385-1, L-1011-385-1-14, and L-1011-385-1-15
airplanes on which the initial inspection required by paragraph (g)
of this AD has been accomplished before the effective date of this
AD: Do the next repetitive inspection at the earlier of the times
specified in paragraphs (i)(2)(i) and (i)(2)(ii) of this AD.
    (i) Within the next repetitive inspection interval specified in
Lockheed Document Number LG92ER0060, ``L-1011-385 Series
Supplemental Inspection Document,'' revised January 1994, for that
SSD.
    (ii) Within one repeat interval measured from a date 12 months
after the effective date of this AD; or within the next repetitive
interval specified in Lockheed Document Number LG92ER0060, ``L-1011-
385 Series Supplemental Inspection Document,'' revised April 2009,
for that SSD; whichever occurs later.

Exceptions to Threshold and Intervals

    (j) For all airplanes: A 10 percent deviation from the
repetitive interval specified in Lockheed Document Number
LG92ER0060, ``L-1011-385 Series Supplemental Inspection Document,''
revised April 2009, for that SSD is acceptable to allow for planning
and scheduling time.
    (k) For all airplanes: Where Lockheed Document Number
LG92ER0060, ``L-1011-385 Series Supplemental Inspection Document,''
revised April 2009, specifies that inspection of any SSD be
performed at every ``C'' check, those inspections must be performed
at intervals not to exceed 5,000 flight hours or 2,500 flight
cycles, whichever occurs earlier.
    (l) For all airplanes: Where Lockheed Document Number
LG92ER0060, ``L-1011-385 Series Supplemental Inspection Document,''
revised April 2009, specifies either the initial inspection or the
repetitive inspection intervals for any SSD in terms of flight hours
or flight cycles, the inspection must be performed prior to the
earlier of the terms (whichever occurs first on the airplane: either
accumulated number of flight hours, or accumulated number of flight
cycles).

Exception to Inspection Procedure

    (m) For all airplanes: There should be no repair or modification
work done in the inspection area before the initial inspections
required by paragraph (i) of this AD; any changes in the inspection
area could affect the inspection procedure.

Repair

    (n) For all airplanes: If any cracking is found in any SSD
during any inspection required by this AD, prior to further flight,
repair in accordance with paragraph (n)(1), (n)(2), or (n)(3) of
this AD:
    (1) In accordance with the applicable service bulletin
referenced in Lockheed Document Number LG92ER0060, ``L-1011-385
Series Supplemental Inspection Document,'' revised January 1994; or
revised April 2009. After doing the revision required by paragraph
(h) of this AD, repair in accordance with the applicable service
bulletin referenced in Lockheed Document Number LG92ER0060, ``L-
1011-385 Series Supplemental Inspection Document,'' revised April
2009.
    (2) In accordance with the Structural Repair Manual or in
accordance with Lockheed L-1011 Structural Repair Manual, Revision
80, dated December 15, 2009. As of the effective date of this AD,
use Lockheed L-1011 Structural Repair Manual, Revision 80, dated
December 15, 2009.
    (3) In accordance with a method approved by the Manager, Atlanta
Aircraft Certification Office (ACO), FAA.

Reporting

    (o) For all airplanes: At the later of the times specified in
paragraphs (o)(1) and (o)(2) of this AD, submit a report of the
results (positive or negative) of the inspection(s) to Lockheed in
accordance with Section V., Data Reporting System (DRS), of the
applicable Lockheed Document specified in paragraph (o)(1) of this
AD. Under the provisions of the Paperwork Reduction Act (44 U.S.C.
3501 et seq.), the Office of Management and Budget (OMB) has
approved the information collection requirements contained in this
AD and has assigned OMB Control Number 2120-0056.
    (1) Within 30 days after returning the airplane to service,
subsequent to accomplishment of the inspection(s) specified in
Lockheed Document Number LG92ER0060, ``L-1011-385 Series
Supplemental Inspection Document,'' revised January 1994; or
Lockheed Document Number LG92ER0060, ``L-1011-385 Series
Supplemental Inspection Document,'' revised April 2009.
    (2) Within 30 days after the effective date of this AD.

Paperwork Reduction Act Burden Statement

    (p) A federal agency may not conduct or sponsor, and a person is
not required to respond to, nor shall a person be subject to a
penalty for failure to comply with a collection of information
subject to the requirements of the Paperwork Reduction Act unless
that collection of information displays a current valid OMB Control
Number. The OMB Control Number for this information collection is
2120-0056. Public reporting for this collection of information is
estimated to be approximately 5 minutes per response, including the
time for reviewing instructions, completing and reviewing the
collection of information. All responses to this collection of
information are mandatory. Comments concerning the accuracy of this
burden and suggestions for reducing the burden should be directed to
the FAA at: 800 Independence Ave., SW., Washington, DC 20591, Attn:
Information Collection Clearance Officer, AES-200.

Alternative Methods of Compliance (AMOCs)

    (q)(1) The Manager, Atlanta ACO, FAA, has the authority to
approve AMOCs for this AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request
to your principal inspector or local Flight Standards District
Office, as appropriate. If sending information directly to the
manager of the ACO, send it to the attention of the person
identified in the Related Information section of this AD.
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

Related Information

    (r) For more information about this AD, contact Carl Gray,
Aerospace Engineer, Airframe Branch, ACE-117A, FAA, Atlanta Aircraft
Certification Office (ACO), 1701 Columbia Avenue, College Park,
Georgia 30337; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; e-mail:
<EMAIL_ADDRESS>    (s) For service information identified in this AD, contact
Lockheed Martin Corporation/Lockheed Martin Aeronautics Company,
Airworthiness Office, Dept. 6A0M, Zone 0252, Column P-58, 86 S. Cobb
Drive, Marietta, Georgia 30063; phone:<PHONE_NUMBER>; fax: 770-494-
5445; e-mail<EMAIL_ADDRESS>Internet http://www.lockheedmartin.com/ams/tools/TechPubs.htm. You may review copies
of the referenced service information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue SW., Renton, Washington. For
information on the availability of this material at the FAA, call
425-227-1221.

    Issued in Renton, Washington, on July 29, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-19968 Filed 8-5-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 175 (Tuesday, September 14, 2021)]
[Notices]
[Pages 51206-51207]
[FR Doc No: 2021-19727]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-92895; File No. SR-ICC-2021-016]

Self-Regulatory Organizations; ICE Clear Credit LLC; Order
Approving Proposed Rule Change Relating to the ICC Exercise Procedures

September 8, 2021.

I. Introduction

    On July 8, 2021, ICE Clear Credit LLC (``ICC'') filed with the
Securities and Exchange Commission (``Commission''), pursuant to
Section 19(b)(1) of the Securities Exchange Act of 1934, (the
``Act''),\1\ and Rule 19b-4,\2\ a proposed rule change to revise the
Exercise Procedures in connection with the clearing of credit default
index swaptions (``Index Swaptions''). The proposed rule change was
published for comment in the Federal Register on July 28\,\ 2021.\3\
The Commission did not receive comments regarding the proposed rule
change. For the reasons discussed below, the Commission is approving
the proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Self-Regulatory Organizations; ICE Clear Credit LLC; Notice
of Filing of Proposed Rule Change Relating to the ICC Exercise
Procedures; Exchange Act Release No. 92468 (July 28, 2021); 86 FR
40665 (July 28, 2021) (SR-ICC-2021-016) (``Notice'').
---------------------------------------------------------------------------

II. Description of the Proposed Rule Change

    The Exercise Procedures supplement the provisions of Subchapter 26R
of the ICC Clearing Rules (the ``Rules'') with respect to Index
Swaptions and provide further detail as to the manner in which Index
Swaptions may be exercised by Swaption Buyers, the manner in which ICC
will assign such exercises to Swaption Sellers, and certain actions
that ICC may take in the event of technical issues.\4\ The proposed
rule change would amend two sections of the Exercise Procedures:
Paragraph 2.6 Exercise System Failure and Paragraph 2.8 Automatic
Exercise for Exercise System Failure.\5\
---------------------------------------------------------------------------

    \4\ Capitalized terms not otherwise defined herein have the
meanings assigned to them in the ICC Rules, as applicable.
    \5\ The description of the proposed rule change is excerpted
substantially from the Notice.
---------------------------------------------------------------------------

A. Paragraph 2.6 Exercise System Failure

    Currently, in the event that ICC's electronic system for the
submission and assignment of Swaption Exercise Notices (ICC's
``Exercise System'') fails to be in operation under certain
circumstances, the Exercise Procedures provide ICC with the following
options: (i) Cancel and reschedule the Exercise Period (i.e., the
period on the expiration date of an Index Swaption during which the
Swaption Buyer may deliver an exercise notice to ICC to exercise all or
part of such Index Swaption); (ii) determine that automatic exercise
will apply; and/or (iii) take such other action as ICC determines to be
appropriate to permit exercising parties to submit exercise notices and
to permit ICC to assign such notices. The proposed rule change would
remove ICC's ability to cancel and reschedule the Exercise Period under
such circumstances and renumber the paragraph. This would facilitate
exercise when there is a system's failure and avoid uncertainty that
could arise if an Exercise Period is rescheduled.

B. Paragraph 2.8 Automatic Exercise for Exercise System Failure

    Currently, if automatic exercise applies pursuant to Paragraph 2.6,
Paragraph 2.8 specifies the parameters under which such automatic
exercise will apply. Under Paragraph 2.8, ICC maintains the ability to
effect an automatic exercise on the expiration date on each open
position (of all exercising parties) in an Index Swaption that is
determined by ICC to be ``in the money'' on such date. Currently,
whether an Index Swaption is ``in the money'' is based on the average
of the end-of-day (``EOD'') price of the underlying CDS contract on the
preceding business day and on the expiration date, and where relevant,
also based on the average of the EOD price on the preceding business
day and

on the expiration date of each single name constituent contract with
respect to which an Existing Restructuring has occurred. In practice,
this could result in an exercise not occurring during a systems failure
if the EOD reference prices are not in the money even if they would
have been in the money based on intra-day pricing. Under the proposed
rule change, whether an Index Swaption is ``in the money'' would be
based on the relevant market-observed prices for the underlying CDS
contract determined by ICC using the intraday market data available to
it at the time of the Expiration Period, or the EOD price of the
underlying CDS contract on the expiration date established at any
Intercontinental Exchange, Inc. (``ICE'') clearinghouse, and where
relevant, also based on the last available ICE EOD price of each single
name constituent contract with respect to which an Existing
Restructuring has occurred. This approach provides ICC more flexibility
to ensure exercise is based on various reference prices.

III. Discussion and Commission Findings

    Section 19(b)(2)(C) of the Act directs the Commission to approve a
proposed rule change of a self-regulatory organization if it finds that
such proposed rule change is consistent with the requirements of the
Act and the rules and regulations thereunder applicable to such
organization.\6\ For the reasons given below, the Commission finds that
the proposed rule change is consistent with Section 17A(b)(3)(F) of the
Act \7\ and Rule 17Ad-22(e)(17)(i).\8\
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78s(b)(2)(C).
    \7\ 15 U.S.C. 78q-1(b)(3)(F).
    \8\ 17 CFR 240.17Ad-22(e)(17)(i).
---------------------------------------------------------------------------

A. Consistency With Section 17A(b)(3)(F) of the Act

    Section 17A(b)(3)(F) of the Act requires, among other things, that
the rules of ICC be designed to promote the prompt and accurate
clearance and settlement of securities transactions and, to the extent
applicable, derivative agreements, contracts, and transactions, as well
as to assure the safeguarding of securities and funds which are in the
custody or control of ICC or for which it is responsible.\9\
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

    As noted above, ICC is proposing to make changes to certain
exercise procedures related to systems failures. The Commission
believes that by removing the option to cancel and reschedule the
Exercise Period under Paragraph 2.6, the proposed rule change would
help to streamline and simplify the Exercise Procedures in the case of
an Exercise System Failure and thereby clarify that cancellations and
rescheduling will not occur and that exercises will take place during
systems failures. The Commission believes that this in turn will
enhance ICC's ability to promptly and accurately clear and settle
transactions during systems failures.
    Additionally, automatic exercise applies to an Index Swaption that
is determined by ICC to be in the money. As noted above, under the
proposed rule change, whether an Index Swaption is ``in the money''
will be based on the relevant market-observed prices for the underlying
CDS contract determined by ICC using the intraday market data available
to it at the time or the EOD price of the underlying CDS contract on
the expiration date established at any ICE clearinghouse, and where
relevant, also based on the last available ICE EOD price of each single
name constituent contract with respect to which an Existing
Restructuring has occurred. This will allow ICC additional flexibility
for determining whether an Index Swaption is in the money and
facilitate exercise based on various reference prices, which the
Commission believes provides the ability to reflect accurate prices
thereby enhancing ICC's ability to promptly and accurately settle and
clear transactions during systems failures.
    For the reasons stated above, the Commission finds that the
proposed rule changes are consistent with Section 17A(b)(3)(F) of the
Act.\10\
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

B. Consistency With Rule 17Ad-22(e)(17)(i)

    Rule 17Ad-22(e)(17) requires, in relevant part, each covered
clearing agency to establish, implement, maintain, and enforce written
policies and procedures reasonably designed to, as applicable, manage
its operational risks by identifying the plausible sources of
operational risk, both internal and external, and mitigating their
impact through the use of appropriate systems, policies, procedures,
and controls.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 240.17Ad-22(e)(17)(i).
---------------------------------------------------------------------------

    The Commission believes that by revising its Index Swaption
Exercise Procedures, as noted above, to remove the ability to cancel or
reschedule exercises and to add flexibility to use various reference
prices for determining if an Index Swaption is in the money during
systems failures, the proposal allows ICC to manage the risks posed by
a systems failure by (i) increasing certainty around the timing of the
Exercise Period and (ii) increasing the likelihood that an Index
Swaption would be categorized as being in-the-money, and therefore
automatically exercised, as expected. The Commission believes that this
in turn supports ICC's ability to mitigate the consequences of a
systems failure and promote systems that have a high degree of
resiliency and operational reliability.
    For these reasons, the Commission believes the proposed rule change
is consistent with Rule 17Ad-22(e)(17)(i).\12\
---------------------------------------------------------------------------

    \12\ Id.
---------------------------------------------------------------------------

IV. Conclusion

    On the basis of the foregoing, the Commission finds that the
proposed rule change is consistent with the requirements of the Act,
and in particular, with the requirements of Section 17A(b)(3)(F) of the
Act \13\ and Rules 17Ad-22(e)(17)(i).\14\
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78q-1(b)(3)(F).
    \14\ 17 CFR 240.17Ad-22(e)(17)(i).
---------------------------------------------------------------------------

    It is therefore ordered pursuant to Section 19(b)(2) of the Act
\15\ that the proposed rule change (SR-ICC-2021-016), be, and hereby
is, approved.\16\
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78s(b)(2).
    \16\ In approving the proposed rule change, the Commission
considered the proposal's impact on efficiency, competition, and
capital formation. 15 U.S.C. 78c(f).
    \17\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-19727 Filed 9-13-21; 8:45 am]
BILLING CODE 8011-01-P


From:
"Skolnekovich, Danielle L"<EMAIL_ADDRESS>Sent:
Wed, 30 Nov 2022 11:18:45
To:
"Jones; DonnaLee"<EMAIL_ADDRESS>"French; Chuck"<EMAIL_ADDRESS><EMAIL_ADDRESS><EMAIL_ADDRESS>Cc:
Kistler, Katie E<EMAIL_ADDRESS>Zavoda, Rich<EMAIL_ADDRESS>Kurdila, Julianne<EMAIL_ADDRESS>Beranek, Rob<EMAIL_ADDRESS>Shelton, Randy E<EMAIL_ADDRESS>Subject:
Cleveland-Cliffs Steel  - Monessen, PA coke oven battery facilities Coke Ovens Section 114 Request - Enclosure 2 Submittals
Dear Mr. French and Dr. Jones:

Attached are Enclosure 2 responses to the Coke Clean Air Act Section 114 Information Collection Request (ICR) dated June 28, 2022 for Cleveland-Cliffs Monessen LLC.  The EPA-provided Excel answer files, Method 22 sheets, and certifications are attached to this email.

Please let me know if you have any questions.

Danielle "Dani" Skolnekovich
Program Manager Environmental
P<PHONE_NUMBER>   M<PHONE_NUMBER>
<EMAIL_ADDRESS>
CLEVELAND-CLIFFS Monessen Coke LLC.
Monessen Coke Plant
345 Donner Ave.
Monessen, PA 15062
p<PHONE_NUMBER>   clevelandcliffs.com

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[Federal Register Volume 79, Number 178 (Monday, September 15, 2014)]
[Notices]
[Pages 55055-55056]
[FR Doc No: 2014-21871]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-73025; File No. SR-NASDAQ-2014-089]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Modify NASDAQ Rule 7018 Fees

September 9, 2014.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on August 28, 2014, The NASDAQ Stock Market LLC (``NASDAQ'' or the
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') a proposed rule change as described in Items I, II and
III below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    NASDAQ is proposing to modify NASDAQ Rule 7018 [sic] fees assessed
for execution and routing securities listed on NASDAQ, the New York
Stock Exchange (``NYSE'') and on exchanges other than NASDAQ and NYSE.
    The text of the proposed rule change is available at
nasdaq.cchwallstreet.com at NASDAQ's principal office, and at the
Commission's Public Reference Room.

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

    In its filing with the Commission, NASDAQ 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 those statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant parts of such
statements.

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

1. Purpose
    NASDAQ is proposing to amend NASDAQ Rule 7018 to modify fees
assessed for execution and routing securities listed on NASDAQ (``Tape
C''), NYSE (``Tape A'') and on exchanges other than NASDAQ and the NYSE
(``Tape B'').
    The Exchange is proposing to no longer offer a recently adopted
credit \3\ provided to members that qualify under certain requirements
of the Market Quality Incentive Programs of Rule 7014. Specifically,
NASDAQ will no longer provide a credit of $0.0001 per share executed to
a member that either qualifies for a credit under Rule 7014(c)(3) or
that is designated as a Qualified Market Maker (``QMM'') under Rule
7014(d). The credit currently provided is based on the shares executed
through the qualifying MPID under Rules 7014(c)(3) or 7014(d), and is
provided in addition to any other credit or rebate for which the member
may qualify. NASDAQ believes that the elimination of this program is
warranted since it has failed to increase liquidity in Tape A
securities or to provide members with additional incentive to improve
market quality.
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 72810 (August 11,
2014), 79 FR 48281 (August 15, 2014) (SR-NASDAQ-2014-078).
---------------------------------------------------------------------------

    Additionally, a member with (i) shares of liquidity provided in all
securities during the month representing more than 0.15% of
Consolidated Volume during the month, through one or more of its Nasdaq
Market Center MPIDs, and (ii) Total Volume, as defined in Chapter XV,
Section 2 of the Nasdaq Options Market rules, of 100,000 or more
contracts per day in a month executed through one or more of its Nasdaq
Option Market MPIDs qualifies for a credit of $0.0029 per share
executed. NASDAQ is proposing to decrease the Consolidated Volume
requirement for this tier from 0.15% to shares representing more than
0.10% of Consolidated Volume. The Exchange believes that the proposed
lower Consolidated Volume requirement will encourage market participant
activity and will also support price discovery and liquidity provision.
2. Statutory Basis
    NASDAQ believes that the proposed rule change is consistent with
the provisions of Section 6 of the Act,\4\ in general, and with
Sections 6(b)(4) and 6(b)(5) of the Act,\5\ in particular, in that it
provides for the equitable allocation of reasonable dues, fees and
other charges among members and issuers and other persons using any
facility or system which NASDAQ operates or controls, and is not
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers. This proposal is reasonable, equitable and not
unfairly discriminatory for the reasons noted below.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78f.
    \5\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

    NASDAQ believes that eliminating the recently adopted $0.0001 per
share executed credit in NYSE-listed securities provided to members
that either qualify for a credit under Rule 7014(c)(3) or that is [sic]
designated as a QMM under Rule 7014(d) is consistent with an equitable
allocation of a reasonable fee and not unfairly discriminatory.
Specifically, the Exchange believes it is equitable and not unfairly
discriminatory because it is being eliminated for all members that meet
the requirements of either Rule 7014(c)(3) or 7014(d) and that receive
the credit for its [sic] executions in NYSE-listed securities. NASDAQ
also believes that eliminating the credit is reasonable because the
Exchange has determined that although the credit was designed to
increase liquidity in Tape A securities and to provide members with
additional incentive to improve market quality, the program failed to
have such an impact.
    NASDAQ also believes the proposed rule change is reasonable since
the Exchange must balance its desire to provide certain incentives with
the costs the Exchange incurs in providing such incentives, which
ultimately affect the ability to sustain them. As a consequence, NASDAQ
must choose carefully the credits it provides, so that it promotes
activity it deems most important while foregoing offering other
credits, which may also improve market quality yet prove too costly.
NASDAQ notes that the credit, in the end, did not suffice as an
additional incentive to members to improve the quality of the market in
NYSE-listed securities on NASDAQ.
    NASDAQ believes that the proposed rule changes to the rebate tiers
through which members may earn a $ 0.0029 per share executed rebate are
reasonable because they will make it easier for members to receive a
rebate at that level, by lowering the volume requirements for existing
tiers. In addition, the proposed rule changes are consistent with an
equitable allocation of fees because they reflect an allocation of

rebates to liquidity providers designed to encourage beneficial market
activity, with greater incentives for market participants to provide
liquidity and the proposed rule changes are not unfairly discriminatory
because they apply uniformly across all markets. Finally, the changes
are not unfairly discriminatory because they increase the availability
of higher rebates without eliminating any of the other means by which a
member may earn a higher rebate under Rule 7018(a).

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

    NASDAQ does not believe that the proposed rule changes will result
in any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act, as amended.\6\ NASDAQ notes
that it operates in a highly competitive market in which market
participants can readily favor competing venues if they deem fee levels
at a particular venue to be excessive, or rebate opportunities
available at other venues to be more favorable. In such an environment,
NASDAQ must continually adjust its fees to remain competitive with
other exchanges and with alternative trading systems that have been
exempted from compliance with the statutory standards applicable to
exchanges. Because competitors are free to modify their own fees in
response, and because market participants may readily adjust their
order routing practices, NASDAQ believes that the degree to which fee
changes in this market may impose any burden on competition is
extremely limited. In this instance, the changes to routing fees and
credits do not impose a burden on competition because NASDAQ's routing
services are optional and are the subject of competition from other
exchanges and broker-dealers that offer routing services, as well as
[sic] the ability of members to develop their own routing capabilities.
In sum, if the changes proposed herein are unattractive to market
participants, it is likely that NASDAQ will lose market share as a
result.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

    Accordingly, NASDAQ does not believe that the proposed changes will
impair the ability of members or competing order execution venues to
maintain their competitive standing in the financial markets.

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

    Written comments were neither solicited nor received.

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

    The foregoing change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act.\7\ At any time within 60 days of the filing
of the proposed rule change, the Commission summarily may temporarily
suspend such rule change if it appears to the Commission that such
action is necessary or appropriate in the public interest, for the
protection of investors, or otherwise in furtherance of the purposes of
the Act.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(3)(A)(ii).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2014-089 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-NASDAQ-2014-089. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal offices 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-NASDAQ-2014-
089, and should be submitted on or before October 6, 2014.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
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    \8\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O' Neill,
Deputy Secretary.
[FR Doc. 2014-21871 Filed 9-12-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 17 (Friday, January 25, 2013)]
[Rules and Regulations]
[Pages 5290-5292]
[FR Doc No: 2013-00839]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2012-0610; FRL-9770-6]

Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Reasonably Available Control Technology Requirements for
Volatile Organic Compounds

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the State of Maryland. These revisions pertain to the
adoption of various test methods, calculations methods, work practice
standards and exemptions which make Maryland Department of the
Environment (MDE) regulations more consistent with EPA's Control
Techniques Guidelines (CTGs) for seven source categories. These
categories are: Paper, film, and foil coatings; industrial cleaning
solvents; miscellaneous metal and plastic parts coatings; large
appliance coatings; offset lithographic printing and letterpress
printing; flat wood paneling coatings; and flexible package printing.
EPA is approving these revisions to reduce volatile organic compound
(VOC) emissions from these seven categories which will help Maryland
attain and maintain the National Ambient Air Quality Standards (NAAQS)
for ozone in accordance with the requirements of the Clean Air Act
(CAA).

DATES: This final rule is effective on February 25, 2013.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-EPA-R03-OAR-2012-0610. All documents in the docket are
listed in the www.regulations.gov Web site. Although listed in the
electronic docket, some information is not publicly available, i.e.,
confidential business information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically through
www.regulations.gov or in hard copy for public inspection during normal
business hours at the Air Protection Division, U.S. Environmental
Protection Agency, Region III, 1650 Arch Street, Philadelphia,
Pennsylvania 19103. Copies of the State submittal are available at the
Maryland Department of the Environment, 1800 Washington Boulevard,
Suite 705, Baltimore, Maryland 21230.

FOR FURTHER INFORMATION CONTACT: Christopher Cripps,<PHONE_NUMBER>, or
by email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On October 23, 2012 (77 FR 64787), EPA published a notice of
proposed rulemaking (NPR) for the State of Maryland. The NPR proposed
approval of revisions to Maryland regulations for the control of
emissions of VOC from seven categories of sources covered by a CTG. The
State of Maryland submitted the formal SIP revision (Revision No. 12-
03) on April 4, 2012.

II. Summary of SIP Revision

    On April 5, 2012, EPA received a SIP revision submittal from the
Maryland Department of the Environment (MDE) which addressed sources of
VOC emissions covered by EPA's CTGs for the following seven source
categories: (1) Paper, film, and foil coatings; (2) industrial cleaning
solvents; (3) miscellaneous metal and plastic parts coatings; (4) large
appliance coatings; (5) offset lithographic printing and letterpress
printing; (6) flat wood paneling coatings; and (7) flexible package
printing. This SIP revision submittal included amended Regulation .04
``Testing and Monitoring'' under COMAR 26.11.01 ``General
Administrative Provisions'' (COMAR <IP_ADDRESS>) and Regulation .02
``Applicability, Determining Compliance, Reporting and General
Requirements'' under COMAR 26.11.19 ``Volatile Organic Compounds from
Specific Processes'' (COMAR <IP_ADDRESS>). These amendments pertain to
the adoption of various test methods, calculations methods, work
practice standards and exemptions which make MDE's regulations more
consistent with EPA's CTGs for these seven source categories.
    An explanation of the CAA's reasonably available control technology
(RACT) requirements for the 1997 8-hour ozone NAAQS as they apply to
Maryland, the specific details of the amendments to COMAR <IP_ADDRESS>
and COMAR <IP_ADDRESS> and EPA's rationale for approving this SIP
revision were provided in the NPR and will not be restated here.

    Only one set of comments was received during the comment period
established by EPA's October 23, 2012 NPR. A summary of the comment and
EPA's response is provided in Section III of this document.

III. Summary of Public Comment and EPA Response

    These comments supported approving into the SIP MDE amendments to
COMAR <IP_ADDRESS> and COMAR <IP_ADDRESS>.
    Comment:
    In sum, the comments stated that these revisions to the Maryland
SIP controlling VOC emissions from these seven different industries
should be approved. The commenter agrees with all the amendments and
stated that the ``EPA should, without question, approve all of them.
The amendments made to COMAR by the MDE only make the 7 industries
safer and update their practices with VOC to be more in accordance with
EPA's updated CTG for them under the CAA.''
    Response:
    EPA appreciates the support for this action.

IV. Final Action

    EPA is approving as a revision to the Maryland SIP the amendments
to COMAR <IP_ADDRESS> and COMAR <IP_ADDRESS> pertaining to the adoption
of various test methods, calculations methods, work practice standards
and exemptions for seven CTG source categories.

V. Statutory and Executive Order Reviews

A. General Requirements

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

B. Submission to Congress and the Comptroller General

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

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by March 26, 2013. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action concerning Maryland's adoption of various test
methods, calculations methods, work practice standards and exemptions
in accordance with CTGs for VOC RACT 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, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.

    Dated: December 19, 2012.
W.C. Early,
Acting Regional Administrator, Region III.

    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 V--Maryland

0
2. In Sec.  52.1070, the table in paragraph (c) is amended by revising
the entries for COMAR <IP_ADDRESS> and <IP_ADDRESS> to read as follows:

Sec.  52.1070  Identification of plan.

* * * * *
    (c) * * *

                 EPA-Approved Regulations, Technical Memoranda, and Statutes in the Maryland SIP
----------------------------------------------------------------------------------------------------------------
                                                                                Additional
Code of Maryland administrative                        State effective                           explanation/
  regulations (COMAR) citation      Title/subject           date         EPA approval date    citation at 40 CFR
                                                                                52.1100
----------------------------------------------------------------------------------------------------------------
                                   26.11.01 General Administrative Provisions
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
<IP_ADDRESS>....................  Testing and                    3/5/12  1/25/13 [Insert      Amended section
                                  Monitoring.                            page number where    04C.
                                                                         the document
                                                                         begins].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                           26.11.19 Volatile Organic Compounds From Specific Processes
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
<IP_ADDRESS>....................  Applicability,                 3/5/12  1/25/13 [Insert      Amended sections
                                  Determining                            page number where    .02D, .02E, .02G
                                  Compliance,                            the document         and .02I.
                                  Reporting, and                         begins].
                                  General
                                  Requirements.

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

[FR Doc. 2013-00839 Filed 1-24-13; 8:45 am]
BILLING CODE 6560-50-P