[Federal Register Volume 79, Number 195 (Wednesday, October 8, 2014)]
[Notices]
[Pages 60879-60881]
[FR Doc No: 2014-23980]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-73287; File No. SR-CME-2014-39]

Self-Regulatory Organizations; Chicago Mercantile Exchange Inc.;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Make Amendments to CME ClearPort Hours for Certain Commodity Index
Cleared OTC Swap Contracts

October 2, 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 September 25, 2014, Chicago Mercantile Exchange Inc. (``CME'') filed
with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I, II and III below, which
Items have been prepared primarily by CME. CME filed the proposal
pursuant to Section 19(b)(3)(A) of the Act,\3\ and Rule 19b-4(f)(4)(ii)
\4\ thereunder, so that the proposal was effective upon filing with the
Commission. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(4)(ii).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    CME is filing proposed rules changes that are limited to its
business as a derivatives clearing organization. CME proposes to amend
the current CME ClearPort hours for certain enumerated commodity index
cleared swap contracts. The proposed changes are as follows:

------------------------------------------------------------------------
                                Cleared OTC Swap              Rulebook
        Clearing code                product          DCM      chapter
------------------------------------------------------------------------
CAW.........................  AUD Chicago Soft Red  CBT     14G
                               Winter Swap
                               (Cleared Only).
CCS.........................  Corn Calendar Swap    CBT     10C
                               (Clearing Only).
CPC.........................  USD Malaysian Crude   CME     204A
                               Palm Oil Calendar
                               Swap (Cleared Only).

DFL.........................  DAP FOB NOLA Swaps    CBT     48
                               (Clearing Only).
DFT.........................  DAP FOB Tampa Swaps   CBT     47
                               (Clearing Only).
DG2.........................  Bloomberg Commodity   CBT     29B
                               Index 2-Month
                               Forward Swaps
                               (Cleared OTC).
DG3.........................  Bloomberg Commodity   CBT     29C
                               Index 3-Month
                               Forward Swaps
                               (Cleared OTC).
DGS.........................  Bloomberg Commodity   CBT     29A
                               Index Swaps
                               (Cleared OTC).
KAW.........................  AUD KC Hard Red       CBT     14J
                               Winter Wheat Swap
                               (Cleared Only).
KWS.........................  KC HRW Wheat          CBT     14M
                               Calendar Spread
                               Options.
RRE.........................  S&P GSCI Enhanced ER  CME     415B
                               Index Swaps
                               (Cleared OTC).
SE2.........................  S&P GSCI ER Index 2   CME     415E
                               Month Forward Swaps
                               (Cleared OTC).
SE3.........................  S&P GSCI-ER Index 3   CME     415F
                               Month Forward Swaps
                               (Cleared OTC).
SES.........................  S&P GSCI ER swap....  CME     415A
SNS.........................  Soybean Calendar      CBT     11D
                               Swaps (Clearing
                               Only).
UFG.........................  Urea (Granular) FOB   CBT     50
                               Egypt Swaps
                               (Clearing Only).
UFN.........................  Urea (Granular) FOB   CBT     45
                               US Gulf Coast Swaps
                               (Clearing Only).
UFU.........................  UAN FOB NOLA Swaps    CBT     46
                               (Clearing Only).
UFZ.........................  Urea (Prilled) FOB    CBT     49
                               Yuzhny Swaps
                               (Clearing Only).
WCS.........................  Wheat Calendar Swaps  CBT     14C
                               (Clearing Only).
------------------------------------------------------------------------

    The current hours for submission to clearing via CME ClearPort for
the above-referenced contracts are 5:00 p.m. CT to 4:15 p.m. CT next
day, Sunday-Friday. The new hours for the above-referenced contracts
will be 6:00 p.m. CT to 5:45 p.m. CT next day, Sunday-Friday.

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

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

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

    CME is registered as a DCO with the Commodity Futures Trading
Commission and offers clearing services for many different futures and
swaps products. The proposed rule change that is the subject of this
filing is limited to CME's business as a DCO offering clearing services
for CFTC-regulated swaps products. The proposed rule change would amend
the CME ClearPort hours for commodity index cleared swap contracts. CME
ClearPort provides functionality for the acceptance of contracts for
clearing. The affected contracts are listed below:

------------------------------------------------------------------------
                                Cleared OTC Swap              Rulebook
        Clearing code                product          DCM      chapter
------------------------------------------------------------------------
CAW.........................  AUD Chicago Soft Red  CBT     14G
                               Winter Swap
                               (Cleared Only).
CCS.........................  Corn Calendar Swap    CBT     10C
                               (Clearing Only).
CPC.........................  USD Malaysian Crude   CME     204A
                               Palm Oil Calendar
                               Swap (Cleared Only).
DFL.........................  DAP FOB NOLA Swaps    CBT     48
                               (Clearing Only).
DFT.........................  DAP FOB Tampa Swaps   CBT     47
                               (Clearing Only).
DG2.........................  Bloomberg Commodity   CBT     29B
                               Index 2-Month
                               Forward Swaps
                               (Cleared OTC).
DG3.........................  Bloomberg Commodity   CBT     29C
                               Index 3-Month
                               Forward Swaps
                               (Cleared OTC).
DGS.........................  Bloomberg Commodity   CBT     29A
                               Index Swaps
                               (Cleared OTC).
KAW.........................  AUD KC Hard Red       CBT     14J
                               Winter Wheat Swap
                               (Cleared Only).
KWS.........................  KC HRW Wheat          CBT     14M
                               Calendar Spread
                               Options.
RRE.........................  S&P GSCI Enhanced ER  CME     415B
                               Index Swaps
                               (Cleared OTC).
SE2.........................  S&P GSCI ER Index 2   CME     415E
                               Month Forward Swaps
                               (Cleared OTC).
SE3.........................  S&P GSCI-ER Index 3   CME     415F
                               Month Forward Swaps
                               (Cleared OTC).
SES.........................  S&P GSCI ER swap....  CME     415A
SNS.........................  Soybean Calendar      CBT     11D
                               Swaps (Clearing
                               Only).
UFG.........................  Urea (Granular) FOB   CBT     50
                               Egypt Swaps
                               (Clearing Only).
UFN.........................  Urea (Granular) FOB   CBT     45
                               US Gulf Coast Swaps
                               (Clearing Only).
UFU.........................  UAN FOB NOLA Swaps    CBT     46
                               (Clearing Only).
UFZ.........................  Urea (Prilled) FOB    CBT     49
                               Yuzhny Swaps
                               (Clearing Only).
WCS.........................  Wheat Calendar Swaps  CBT     14C
                               (Clearing Only).
------------------------------------------------------------------------

    The current hours for submission to clearing via CME ClearPort for
these contracts are 5:00 p.m. CT to 4:15 p.m. CT next day, Sunday-
Friday. Under the proposed rule change, the new hours for the affected
contracts would be 6:00 p.m. CT to 5:45 p.m. CT next day, Sunday-
Friday. The proposed change in hours will shorten the period in which
daily trade submission is halted from 45 minutes to 15 minutes. The
proposed new hours will be made known to the trading community in
advance of the effective date via a Special Executive Report and will
be posted in the trading specifications for the contracts on the CME
Web site.
    The changes that are described in this filing are limited to CME's
business as a DCO clearing products under the exclusive jurisdiction of
the CFTC and do not materially impact CME's security-based swap
clearing business in

any way. The proposed changes would become effective immediately but
would be operationalized on October 6, 2014. CME notes that it has also
certified the proposed rule change that is the subject of this filing
to its primary regulator, the Commodity Futures Trading Commission
(``CFTC''), in a separate filing, CME Submission No. 14-382.
    CME believes the proposed rule change is consistent with the
requirements of the Exchange Act including Section 17A of the Exchange
Act.\5\ CME is proposing revised hours for acceptance of cleared swap
contracts; the proposed changes would have the effect of shortening the
period in which daily trade submission is halted from 45 minutes to 15
minutes and, as such, should be seen to be designed to promote the
prompt and accurate clearance and settlement of securities transactions
and, to the extent applicable, derivatives agreements, contracts, and
transactions, to assure the safeguarding of securities and funds which
are in the custody or control of the clearing agency or for which it is
responsible, and, in general, to protect investors and the public
interest consistent with Section 17A(b)(3)(F) of the Exchange Act.\6\
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    \5\ 15 U.S.C. 78q-1.
    \6\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

    Furthermore, the proposed changes are limited in their effect to
products offered under CME's authority to act as a DCO. The products
that are the subject of this filing are under the exclusive
jurisdiction of the CFTC. As such, the proposed CME changes are limited
to CME's activities as a DCO clearing swaps that are not security-based
swaps, futures that are not security futures and forwards that are not
security forwards. CME notes that the policies of the CFTC with respect
to administering the Commodity Exchange Act are comparable to a number
of the policies underlying the Exchange Act, such as promoting market
transparency for over-the-counter derivatives markets, promoting the
prompt and accurate clearance of transactions and protecting investors
and the public interest.
    Because the proposed changes are limited in their effect to
products offered under CME's authority to act as a DCO, the proposed
changes are properly classified as effecting a change in an existing
service of CME that:
    (a) Primarily affects the clearing operations of CME with respect
to products that are not securities, including futures that are not
security futures, swaps that are not security-based swaps or mixed
swaps; and forwards that are not security forwards; and
    (b) does not significantly affect any securities clearing
operations of CME or any rights or obligations of CME with respect to
securities clearing or persons using such securities-clearing service.
    As such, the changes are therefore consistent with the requirements
of Section 17A of the Exchange Act \7\ and are properly filed under
Section 19(b)(3)(A) \8\ and Rule 19b-4(f)(4)(ii) \9\ thereunder.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78q-1.
    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(4)(ii).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    CME does not believe that the proposed rule change will have any
impact, or impose any burden, on competition. The amendments would
adopt new CME ClearPort hours for twenty commodity index cleared swap
contracts. Further, the changes are limited to CME's derivatives
clearing business and, as such, do not affect the security-based swap
clearing activities of CME in any way and therefore would not impose
any burden on competition that is inappropriate in furtherance of the
purposes of the Act.

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

    Written comments relating to the proposed changes have not been
solicited or received. CME will notify the Commission of any written
comments received by CME.

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

    The foregoing rule change has become effective upon filing pursuant
to Section 19(b)(3)(A) \10\ of the Act and Rule 19b-4(f)(4)(ii) \11\
thereunder. 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.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(4)(ii).
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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-CME-2014-39 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-CME-2014-39. 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 filings will also be available
for inspection and copying at the principal office of CME and on CME's
Web site at http://www.cmegroup.com/market-regulation/rule-filings.html.
    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-CME-2014-39
and should be submitted on or before October 29, 2014.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
---------------------------------------------------------------------------

    \12\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-23980 Filed 10-7-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 112 (Thursday, June 11, 2015)]
[Notices]
[Pages 33324-33326]
[FR Doc No: 2015-14273]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2014-0303]

Qualification of Drivers; Exemption Applications; Vision

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of final disposition.

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SUMMARY: FMCSA announces its decision to exempt 21 individuals from the
vision requirement in the Federal Motor Carrier Safety Regulations
(FMCSRs). They are unable to meet the vision requirement in one eye for
various reasons. The exemptions will enable these individuals to
operate commercial motor vehicles (CMVs) in interstate commerce without
meeting the prescribed vision requirement in one eye. The Agency has
concluded that granting these exemptions will provide a level of safety
that is equivalent to or greater than the level of safety maintained
without the exemptions for these CMV drivers.

DATES: The exemptions were granted April 18, 2015. The exemptions
expire on April 18, 2017.

FOR FURTHER INFORMATION CONTACT: Charles A. Horan, III, Director,
Carrier, Driver and Vehicle Safety Standards,<PHONE_NUMBER>,
<EMAIL_ADDRESS>FMCSA, Department of Transportation, 1200 New
Jersey Avenue SE., Room W64-224, Washington, DC 20590-0001. Office
hours are from 8:30 a.m. to 5 p.m., Monday through Friday, except
Federal holidays. If you have questions on viewing or submitting
material to the docket, contact Docket Services, telephone (202) 366-
9826.

SUPPLEMENTARY INFORMATION:

I. Electronic Access

    You may see all the comments online through the Federal Document
Management System (FDMS) at http://www.regulations.gov.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov and/or Room W12-140 on the
ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

II. Background

    On March 18, 2015, FMCSA published a notice of receipt of exemption
applications from certain individuals, and requested comments from the
public (80 FR 14240). That notice listed 21 applicants' case histories.
The 21 individuals applied for exemptions from the vision requirement
in 49 CFR 391.41(b)(10), for drivers who operate CMVs in interstate
commerce.
    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
for a 2-year period if it finds ``such exemption would likely achieve a
level of safety that is equivalent to or greater than the level that
would be achieved absent such exemption.'' The statute also allows the
Agency to renew exemptions at the end of the 2-year period.
Accordingly, FMCSA has evaluated the 21 applications on their merits
and made a determination to grant exemptions to each of them.

III. Vision and Driving Experience of the Applicants

    The vision requirement in the FMCSRs provides:
    A person is physically qualified to drive a commercial motor
vehicle if that person has distant visual acuity of at least 20/40
(Snellen) in each eye without corrective lenses or visual acuity
separately corrected to 20/40 (Snellen) or better with corrective
lenses, distant binocular acuity of a least 20/40 (Snellen) in both
eyes with or without corrective lenses, field of vision of at least 70
[deg] in the horizontal meridian in each eye, and the ability to
recognize the colors of traffic signals and devices showing red, green,
and amber (49 CFR 391.41(b)(10)).
    FMCSA recognizes that some drivers do not meet the vision
requirement but have adapted their driving to accommodate their vision
limitation and demonstrated their ability to drive safely. The 21
exemption applicants listed in this notice are in this category. They
are unable to meet the vision requirement in one eye for various
reasons, including Best disease, toxoplasmosis scar, corneal scar,
hemorrhage, retinal detachment, amblyopia, displaced pupil, cataract,
macular drusen, esotropia, refractive amblyopia, complete loss of
vision, maculopathy, chronic central serous retinopathy, hyperopia,
retinal tear, calcification of cornea, and failed penetrating
keratoplasty. In most cases, their eye conditions were not recently
developed. Thirteen of the applicants were either born with their
vision impairments or have had them since childhood.
    The eight individuals that sustained their vision conditions as
adults have had it for a range of one to 29 years.
    Although each applicant has one eye which does not meet the vision
requirement in 49 CFR 391.41(b)(10), each has at least 20/40 corrected
vision in the other eye, and in a doctor's opinion, has sufficient
vision to perform all the tasks necessary to operate a CMV. Doctors'
opinions are supported by the applicants' possession of valid
commercial driver's licenses (CDLs) or non-CDLs to operate CMVs. Before
issuing CDLs, States subject drivers to knowledge and skills tests
designed to evaluate their qualifications to operate a CMV.
    All of these applicants satisfied the testing requirements for
their State of residence. By meeting State licensing requirements, the
applicants demonstrated their ability to operate a CMV, with their
limited vision, to the satisfaction of the State.
    While possessing a valid CDL or non-CDL, these 21 drivers have been
authorized to drive a CMV in intrastate commerce, even though their
vision disqualified them from driving in interstate commerce. They have
driven CMVs with their limited vision in careers ranging from one to 29
years. In the past three years, one of drivers was involved in a crash
and two were convicted of moving violations in a CMV.
    The qualifications, experience, and medical condition of each
applicant

were stated and discussed in detail in the March 18, 2015 notice (80 FR
14240).

IV. Basis for Exemption Determination

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the vision requirement in 49 CFR 391.41(b)(10) if the exemption is
likely to achieve an equivalent or greater level of safety than would
be achieved without the exemption. Without the exemption, applicants
will continue to be restricted to intrastate driving. With the
exemption, applicants can drive in interstate commerce. Thus, our
analysis focuses on whether an equal or greater level of safety is
likely to be achieved by permitting each of these drivers to drive in
interstate commerce as opposed to restricting him or her to driving in
intrastate commerce.
    To evaluate the effect of these exemptions on safety, FMCSA
considered the medical reports about the applicants' vision as well as
their driving records and experience with the vision deficiency.
    To qualify for an exemption from the vision requirement, FMCSA
requires a person to present verifiable evidence that he/she has driven
a commercial vehicle safely with the vision deficiency for the past 3
years. Recent driving performance is especially important in evaluating
future safety, according to several research studies designed to
correlate past and future driving performance. Results of these studies
support the principle that the best predictor of future performance by
a driver is his/her past record of crashes and traffic violations.
Copies of the studies may be found at Docket Number FMCSA-1998-3637.
    FMCSA believes it can properly apply the principle to monocular
drivers, because data from the Federal Highway Administration's (FHWA)
former waiver study program clearly demonstrate the driving performance
of experienced monocular drivers in the program is better than that of
all CMV drivers collectively (See 61 FR 13338, 13345, March 26, 1996).
The fact that experienced monocular drivers demonstrated safe driving
records in the waiver program supports a conclusion that other
monocular drivers, meeting the same qualifying conditions as those
required by the waiver program, are also likely to have adapted to
their vision deficiency and will continue to operate safely.
    The first major research correlating past and future performance
was done in England by Greenwood and Yule in 1920. Subsequent studies,
building on that model, concluded that crash rates for the same
individual exposed to certain risks for two different time periods vary
only slightly (See Bates and Neyman, University of California
Publications in Statistics, April 1952). Other studies demonstrated
theories of predicting crash proneness from crash history coupled with
other factors. These factors--such as age, sex, geographic location,
mileage driven and conviction history--are used every day by insurance
companies and motor vehicle bureaus to predict the probability of an
individual experiencing future crashes (See Weber, Donald C.,
``Accident Rate Potential: An Application of Multiple Regression
Analysis of a Poisson Process,'' Journal of American Statistical
Association, June 1971). A 1964 California Driver Record Study prepared
by the California Department of Motor Vehicles concluded that the best
overall crash predictor for both concurrent and nonconcurrent events is
the number of single convictions. This study used 3 consecutive years
of data, comparing the experiences of drivers in the first 2 years with
their experiences in the final year.
    Applying principles from these studies to the past 3-year record of
the 21 applicants, one driver was involved in a crash, and two were
convicted of moving violations in a CMV. All the applicants achieved a
record of safety while driving with their vision impairment,
demonstrating the likelihood that they have adapted their driving
skills to accommodate their condition. As the applicants' ample driving
histories with their vision deficiencies are good predictors of future
performance, FMCSA concludes their ability to drive safely can be
projected into the future.
    We believe that the applicants' intrastate driving experience and
history provide an adequate basis for predicting their ability to drive
safely in interstate commerce. Intrastate driving, like interstate
operations, involves substantial driving on highways on the interstate
system and on other roads built to interstate standards. Moreover,
driving in congested urban areas exposes the driver to more pedestrian
and vehicular traffic than exists on interstate highways. Faster
reaction to traffic and traffic signals is generally required because
distances between them are more compact. These conditions tax visual
capacity and driver response just as intensely as interstate driving
conditions. The veteran drivers in this proceeding have operated CMVs
safely under those conditions for at least 3 years, most for much
longer. Their experience and driving records lead us to believe that
each applicant is capable of operating in interstate commerce as safely
as he/she has been performing in intrastate commerce. Consequently,
FMCSA finds that exempting these applicants from the vision requirement
in 49 CFR 391.41(b)(10) is likely to achieve a level of safety equal to
that existing without the exemption. For this reason, the Agency is
granting the exemptions for the 2-year period allowed by 49 U.S.C.
31136(e) and 31315 to the 21 applicants listed in the notice of March
18, 2015 (80 FR 14240).
    We recognize that the vision of an applicant may change and affect
his/her ability to operate a CMV as safely as in the past. As a
condition of the exemption, therefore, FMCSA will impose requirements
on the 21 individuals consistent with the grandfathering provisions
applied to drivers who participated in the Agency's vision waiver
program.
    Those requirements are found at 49 CFR 391.64(b) and include the
following: (1) That each individual be physically examined every year
(a) by an ophthalmologist or optometrist who attests that the vision in
the better eye continues to meet the requirement in 49 CFR
391.41(b)(10) and (b) by a medical examiner who attests that the
individual is otherwise physically qualified under 49 CFR 391.41; (2)
that each individual provide a copy of the ophthalmologist's or
optometrist's report to the medical examiner at the time of the annual
medical examination; and (3) that each individual provide a copy of the
annual medical certification to the employer for retention in the
driver's qualification file, or keep a copy in his/her driver's
qualification file if he/she is self-employed. The driver must have a
copy of the certification when driving, for presentation to a duly
authorized Federal, State, or local enforcement official.

V. Discussion of Comments

    FMCSA received four comments in this proceeding. The comments are
discussed below.
    Casey Fleming agrees with the proposal to grant the 21 drivers in
this proceeding exemptions from the Federal vision standard.
    Larry Worley agrees with the proposal to grant Ronald J. Gruszecki
an exemption from the Federal vision standard.
    An anonymous commenter agrees with the proposal to grant Raymond W.
Pitts an exemption from the Federal vision standard.
    An anonymous commenter agrees with the proposal to grant Neal S.
Anderson, Robert D. Arkwright, Randy

A. Cimei, and Ronald J. Gruszecki exemptions from the Federal vision
standard.

IV. Conclusion

    Based upon its evaluation of the 21 exemption applications, FMCSA
exempts the following drivers from the vision requirement in 49 CFR
391.41(b)(10), subject to the requirements cited above (49 CFR
391.64(b)):

Neal S. Anderson (MN)
Robert D. Arkwright (MS)
Charles D. Ashworth, Jr. (KY)
Randy A. Cimei (IL)
Ronald J. Gruszecki (IL)
Gerald L. Harper (MO)
Alan L. Helfer, Sr. (IL)
Steven R. Jones (KS)
William F. Laforce (VT)
Robert N. Lewis (OH)
Ryan T. McKinney (TN)
Freeman A. Miller (OH)
Larry G. Murray (LA)
Thomas W. Oberschlake (OH)
Dennis R. Ohl (MO)
J.W. Peebles (TN)
Craig C. Perrotta (MA)
Raymond W. Pitts (FL)
Jeffrey A. Porter (CT)
Marty J. Prouty (IA)
Daniel A. Rau (NJ)

    In accordance with 49 U.S.C. 31136(e) and 31315, each exemption
will be valid for 2 years unless revoked earlier by FMCSA. The
exemption will be revoked if: (1) The person fails to comply with the
terms and conditions of the exemption; (2) the exemption has resulted
in a lower level of safety than was maintained before it was granted;
or (3) continuation of the exemption would not be consistent with the
goals and objectives of 49 U.S.C. 31136 and 31315.
    If the exemption is still effective at the end of the 2-year
period, the person may apply to FMCSA for a renewal under procedures in
effect at that time.

    Issued on: May 29, 2015.
 Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2015-14273 Filed 6-10-15; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register: October 9, 2008 (Volume 73, Number 197)]
[Notices]
[Page 59633]
[DOCID:fr09oc08-87]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-1999-D-0128] (formerly Docket No. 1999D-2013)

Agency Information Collection Activities; Announcement of Office
of Management and Budget Approval; Guidance for Industry: Cooperative
Manufacturing Arrangements for Licensed Biologics

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing that a
collection of information entitled ``Guidance for Industry: Cooperative
Manufacturing Arrangements for Licensed Biologics'' has been approved
by the Office of Management and Budget (OMB) under the Paperwork
Reduction Act of 1995.

FOR FURTHER INFORMATION CONTACT: Jonna Capezzuto, Office of Information
Management (HFA-710), Food and Drug Administration, 5600 Fishers Lane,
Rockville, MD 20857,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: In the Federal Register of November 19, 2007
(72 FR 65034), the agency announced that the proposed information
collection had been submitted to OMB for review and clearance under 44
U.S.C. 3507. An agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information unless it displays
a currently valid OMB control number. OMB has now approved the
information collection and has assigned OMB control number 0910-0629.
The approval expires on September 30, 2011. A copy of the supporting
statement for this information collection is available on the Internet
at http://www.reginfo.gov/public/do/PRAMain.

    Dated: September 29, 2008.
Jeffrey Shuren,
Associate Commissioner for Policy and Planning.
[FR Doc. E8-23907 Filed 10-8-08; 8:45 am]

BILLING CODE 4160-01-S


[Federal Register Volume 79, Number 129 (Monday, July 7, 2014)]
[Notices]
[Pages 38320-38321]
[FR Doc No: 2014-15683]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2014-N-0001]

Pediatric Advisory Committee; Notice of Meeting

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

    This notice announces a forthcoming meeting of a public advisory
committee of the Food and Drug Administration (FDA). The meeting will
be open to the public.
    Name of Committee: Pediatric Advisory Committee.
    General Function of the Committee: To provide advice and
recommendations to the Agency on FDA's regulatory issues.
    Date and Time: The meeting will be held on September 23, 2014, from
8 a.m. to 5:30 p.m.
    Location: Bethesda Marriott, 5151 Pooks Hill Rd., Bethesda, MD
20814.
    Contact Person: Walter Ellenberg, Office of the Commissioner, Food
and Drug Administration, 10903 New Hampshire Ave., Bldg. 32, Rm. 5154,
Silver Spring, MD 20993-0002,<PHONE_NUMBER>, or FDA Advisory Committee
Information Line, 1-800-741-8138<PHONE_NUMBER> in the Washington, DC
area). A notice in the Federal Register about last minute modifications
that impact a previously announced advisory committee meeting cannot
always be published quickly enough to provide timely notice. Therefore,
you should always check the Agency's Web site at http://www.fda.gov/AdvisoryCommittees/default.htm and scroll down to the appropriate
advisory committee link, or call the advisory committee information
line to learn about possible modifications before coming to the
meeting.
    Agenda: The Pediatric Advisory Committee will meet to discuss
pediatric-focused safety reviews, as mandated by the Best
Pharmaceuticals for Children Act and the Pediatric Research Equity Act
for: AFINITOR DISPERZ (everolimus); Berlin Heart EXCOR[supreg]
Pediatric Ventricular Assist Device; CONTEGRA[supreg] Pulmonary Valved
Conduit; DYMISTA (azelastine hydrochloride; fluticasone propionate);
Elana Surgical Kit; ENTERRA Therapy System; LEVAQUIN (levofloxacin);
LEXIVA (fosamprenavir calcium); QNASL (beclomethasone diproprionate),
Medtronic Melody[supreg] Transcatheter Pulmonary Valve; MENHIBRIX
(Meningococcal Groups C and Y and Haemophilus b Tetanus Toxoid
Conjugate Vaccine); SINGULAIR (montelukast sodium); TREANDA
(bendamustine hydrochloride); VERAMYST (fluticasone furoate); VIREAD
(tenofovirdisoproxil fumarate); and VOLUVEN (6% hydroxyethyl starch
130/0.4 in 0.9% sodium chloride injection).
    FDA intends to make background material available to the public no
later

than 2 business days before the meeting. If FDA is unable to post the
background material on its Web site prior to the meeting, the
background material will be made publicly available at the location of
the advisory committee meeting, and the background material will be
posted on FDA's Web site after the meeting. Background material is
available at http://www.fda.gov/AdvisoryCommittees/Calendar/default.htm. Scroll down to the appropriate advisory committee link.
    Procedure: Interested persons may present data, information, or
views, orally or in writing, on issues pending before the committee.
Written submissions may be made to the contact person on or before
August 25, 2014. Oral presentations from the public will be scheduled
between approximately 11:30 a.m. and 12:30 p.m. on September 23, 2014.
Those individuals interested in making formal oral presentations should
notify the contact person and submit a brief statement of the general
nature of the evidence or arguments they wish to present, the names and
addresses of proposed participants, and an indication of the
approximate time requested to make their presentation on or before
August 15, 2014. Time allotted for each presentation may be limited. If
the number of registrants requesting to speak is greater than can be
reasonably accommodated during the scheduled open public hearing
session, FDA may conduct a lottery to determine the speakers for the
scheduled open public hearing session. The contact person will notify
interested persons regarding their request to speak by August 18, 2014.
    Persons attending FDA's advisory committee meetings are advised
that the Agency is not responsible for providing access to electrical
outlets.
    FDA welcomes the attendance of the public at its advisory committee
meetings and will make every effort to accommodate persons with
physical disabilities or special needs. If you require special
accommodations due to a disability, please contact Walter Ellenberg at
least 7 days in advance of the meeting.
    FDA is committed to the orderly conduct of its advisory committee
meetings. Please visit our Web site at http://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm111462.htm for procedures
on public conduct during advisory committee meetings. Notice of this
meeting is given under the Federal Advisory Committee Act (5 U.S.C.
app. 2).

    Dated: June 30, 2014.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2014-15683 Filed 7-3-14; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 87, Number 168 (Wednesday, August 31, 2022)]
[Proposed Rules]
[Pages 53419-53421]
[FR Doc No: 2022-18759]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

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

Federal Register / Vol. 87, No. 168 / Wednesday, August 31, 2022 /
Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0874; Project Identifier AD-2022-00337-T]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for certain The Boeing Company Model DC-9-81 (MD-81), DC-9-82 (MD-82),
DC-9-83 (MD-83), and DC-9-87 (MD-87) airplanes; and Model MD-88
airplanes. This proposed AD was prompted by an evaluation by the design
approval holder (DAH) indicating that certain center wing lower
stringers are subject to widespread fatigue damage (WFD). WFD analysis
found that fatigue cracks could grow to a critical length after the
structural modification point (SMP) for these center wing lower
stringers. This proposed AD would require replacing certain left and
right side center wing lower stringers. The FAA is proposing this AD to
address the unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by October 17,
2022.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://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 NPRM, contact Boeing
Commercial Airplanes, Attention: Contractual & Data Services (C&DS),
2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600;
telephone<PHONE_NUMBER>; internet https://www.myboeingfleet.com. You may
view this referenced service information at the FAA, Airworthiness
Products Section, Operational Safety Branch, 2200 South 216th St., Des
Moines, WA. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>. It is also available at https://www.regulations.gov by searching for and locating Docket No. FAA-2022-
0874.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2022-0874; or in person at
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket contains this NPRM, any comments
received, and other information. The street address for Docket
Operations is listed above.

FOR FURTHER INFORMATION CONTACT: Sean Newell, Aerospace Engineer,
Airframe Section, FAA, Los Angeles ACO Branch, 3960 Paramount
Boulevard, Lakewood, CA 90712-4137; phone:<PHONE_NUMBER>; email:
[email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under ADDRESSES. Include ``Docket No. FAA-2022-0874; Project Identifier
AD-2022-00337-T'' at the beginning of your comments. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. The FAA
will consider all comments received by the closing date and may amend
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in
the following paragraph, and other information as described in 14 CFR
11.35, the FAA will post all comments received, without change, to
https://www.regulations.gov, including any personal information you
provide. The agency will also post a report summarizing each
substantive verbal contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this NPRM contain commercial
or financial information that is customarily treated as private, that
you actually treat as private, and that is relevant or responsive to
this NPRM, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission containing
CBI as ``PROPIN.'' The FAA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this NPRM. Submissions containing CBI should be sent to Sean
Newell, Aerospace Engineer, Airframe Section, FAA, Los Angeles ACO
Branch, 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-
627-5266; email: [email protected]. Any commentary that the FAA
receives that is not specifically designated as CBI will be placed in
the public docket for this rulemaking.

Background

    Fatigue damage can occur locally, in small areas or structural
design details, or globally, in widespread areas. Multiple-site damage
is widespread damage that occurs in a large structural element such as
a single rivet line of a lap splice joining two large skin panels.
Widespread damage can also occur in multiple elements such as adjacent
frames or stringers. Multiple-site damage and multiple-element damage
cracks are typically too small initially to be reliably detected with
normal inspection methods. Without intervention, these cracks will
grow, and eventually compromise the structural integrity of the
airplane. This condition is known as WFD. It is associated with general
degradation of large areas of structure with similar

structural details and stress levels. As an airplane ages, WFD will
likely occur, and will certainly occur if the airplane is operated long
enough without any intervention.
    An FAA final rule (``Aging Airplane Program: Widespread Fatigue
Damage;'' 75 FR 69746, November 15, 2010) became effective on January
14, 2011, and amended 14 CFR parts 25, 26, 121, and 129 (commonly known
as the WFD rule). The WFD rule requires certain actions to prevent
structural failure due to WFD throughout the operational life of
certain existing transport category airplanes and all of these
airplanes that will be certificated in the future. DAHs of existing and
future airplanes subject to the WFD rule are required to establish a
limit of validity (LOV) of the engineering data that support the
structural maintenance program. Operators affected by the WFD rule may
not fly an airplane beyond its LOV, unless an extended LOV is approved.
    The WFD rule does not require identifying and developing
maintenance actions if the DAHs can show that such actions are not
necessary to prevent WFD before the airplane reaches the LOV. Many
LOVs, however, do depend on accomplishment of future maintenance
actions. As stated in the WFD rule, any maintenance actions necessary
to reach the LOV will be mandated by airworthiness directives through
separate rulemaking actions.
    In the context of WFD, this action is necessary to enable DAHs to
propose LOVs that allow operators the longest operational lives for
their airplanes, and still ensure that WFD will not occur. This
approach allows for an implementation strategy that provides
flexibility to DAHs in determining the timing of service information
development (with FAA approval), while providing operators with
certainty regarding the LOV applicable to their airplanes.
    The FAA has received a report indicating that cracking was found in
the left and/or right side center wing lower stringers S-13, S-15, S-
16, and S-17. Based on that report, the FAA issued AD 2020-10-10,
Amendment 39-19913 (85 FR 31046, May 22, 2020) (AD 2020-10-10). AD
2020-10-10 was prompted by a report of cracks at certain stringers and
associated end fittings, and skins in the center wing fuel tank where
the stringers meet the end fittings. AD 2020-10-10 requires repetitive
inspections for cracking in the left and right side center wing lower
skin at stringers S-18 through S-20, the fastener holes common to
stringers S-11 through S-22, and the forward and aft skins, and repair.
Since the FAA issued AD 2020-10-10, Boeing did additional WFD analysis
and found that the actions required by AD 2020-10-10 are adequate to
address the unsafe condition until the airplane reaches the SMP (the
point in time when a structural area must be modified or replaced to
preclude WFD) at 81,740 flight cycles. However, fatigue cracks could
grow to a critical length at any point after the SMP for center wing
lower stringers S-11 through S-22. If not addressed, undetected fatigue
cracks in the right or left side center wing lower stringers S-11
through S-22 between wing stations Xcw=13 and Xcw=15 could grow to a
critical length after the SMP at 81,740 total flight cycles. Any
undetected cracks in three or more adjacent stringers in the right or
left side center wing lower stringers S-11 through S-22 may result in a
principal structural element's inability to sustain limit load, which
could adversely affect the structural integrity of the airplane.
Performing the replacement required by this proposed AD would terminate
the repetitive inspections required by AD 2020-10-10.

FAA's Determination

    The FAA is issuing this NPRM after determining that the unsafe
condition described previously is likely to exist or develop on other
products of the same type design.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Boeing Alert Requirements Bulletin MD80-57A246 RB,
dated December 17, 2021. This service information specifies procedures
for replacement of the center wing lower stringers S-11 through S-22
between Xcw=0 and Xcw=121.688, left and right sides.
    This service information is reasonably available because the
interested parties have access to it through their normal course of
business or by the means identified in ADDRESSES.

Proposed AD Requirements in This NPRM

    This proposed AD would require accomplishing the actions specified
in the service information already described and except for any
differences identified as exceptions in the regulatory text of this
proposed AD. For information on the procedures and compliance times,
see this service information at https://www.regulations.gov by
searching for and locating Docket No. FAA-2022-0874.

Explanation of Compliance Time

    The compliance time for the replacement specified in this proposed
AD for addressing WFD was established to ensure that discrepant
structure is replaced before WFD develops in airplanes. Standard
inspection techniques cannot be relied on to detect WFD before it
becomes a hazard to flight. The FAA will not grant any extensions of
the compliance time to complete any AD-mandated service bulletin
related to WFD without extensive new data that would substantiate and
clearly warrant such an extension.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 22 airplanes of U.S. registry. The FAA estimates the following
costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
                Action                         Labor cost           Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Replacement...........................  1,572 work-hours x $85          $216,000        $349,620      $7,691,640
                                         per hour = $133,620.
----------------------------------------------------------------------------------------------------------------

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.
    The FAA is 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

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

List of Subjects in 14 CFR Part 39

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

The Proposed Amendment

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

PART 39--AIRWORTHINESS DIRECTIVES

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

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

Sec.  39.13  [Amended]

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

The Boeing Company: Docket No. FAA-2022-0874; Project Identifier AD-
2022-00337-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by October 17, 2022.

(b) Affected ADs

    This AD affects AD 2020-10-10, Amendment 39-19913 (85 FR 31046,
May 22, 2020) (AD 2020-10-10).

(c) Applicability

    This AD applies to The Boeing Company Model DC-9-81 (MD-81), DC-
9-82 (MD-82), DC-9-83 (MD-83), and DC-9-87 (MD-87) airplanes; and
Model MD-88 airplanes, certificated in any category, as identified
in Boeing Alert Requirements Bulletin MD80-57A246 RB, dated December
17, 2021.

(d) Subject

    Air Transport Association (ATA) of America Code 57, Wings.

(e) Unsafe Condition

    This AD was prompted by an evaluation by the design approval
holder (DAH) indicating that the center wing lower stringers S-11
through S-22 are subject to widespread fatigue damage (WFD). The FAA
is issuing this AD to address fatigue cracking of the right and left
side center wing lower stringers S-11 through S-22 between wing
stations Xcw=13 and Xcw=15. If not addressed, undetected fatigue
cracks could grow to a critical length after the structural
modification point (SMP) at 81,740 total flight cycles. Any
undetected cracks in three or more adjacent stringers in the right
or left side center wing lower stringers S-11 through S-22 may
result in a principal structural element's inability to sustain
limit load, which could adversely affect the structural integrity of
the airplane.

(f) Compliance

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

(g) Required Actions

    Except as specified by paragraph (h) of this AD: At the
applicable times specified in the ``Compliance'' paragraph of Boeing
Alert Requirements Bulletin MD80-57A246 RB, dated December 17, 2021,
do all applicable actions identified in, and in accordance with, the
Accomplishment Instructions of Boeing Alert Requirements Bulletin
MD80-57A246 RB, dated December 17, 2021.
    Note 1 to paragraph (g): Guidance for accomplishing the actions
required by this AD can be found in Boeing Alert Service Bulletin
MD80-57A246, dated December 17, 2021, which is referred to in Boeing
Alert Requirements Bulletin MD80-57A246 RB, dated December 17, 2021.

(h) Exceptions to Service Information Specifications

    Where Boeing Alert Requirements Bulletin MD80-57A246 RB, dated
December 17, 2021, specifies contacting Boeing for replacement
instructions: This AD requires doing the replacement using a method
approved in accordance with the procedures specified in paragraph
(i) of this AD.

(i) Terminating Action for AD 2020-10-10

    Accomplishment of the replacement specified in the
Accomplishment Instructions of Boeing Alert Requirements Bulletin
MD80-57A246 RB, dated December 17, 2021, terminates all of the
requirements of AD 2020-10-10.

(j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Los Angeles ACO Branch, 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 responsible Flight Standards
Office, as appropriate. If sending information directly to the
manager of the certification office, send it to the attention of the
person identified in paragraph (k)(1) of this AD. Information may be
emailed to: [email protected].
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the responsible Flight Standards Office.
    (3) An AMOC that provides an acceptable level of safety may be
used for any repair, modification, or alteration required by this AD
if it is approved by The Boeing Company Organization Designation
Authorization (ODA) that has been authorized by the Manager, Los
Angeles ACO Branch, FAA, to make those findings. To be approved, the
repair method, modification deviation, or alteration deviation must
meet the certification basis of the airplane, and the approval must
specifically refer to this AD.

(k) Related Information

    (1) For more information about this AD, contact Sean Newell,
Aerospace Engineer, Airframe Section, FAA, Los Angeles ACO Branch,
3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-
5266; email: [email protected].
    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Contractual & Data Services
(C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-
5600; telephone<PHONE_NUMBER>; internet https://www.myboeingfleet.com. You may view this referenced service
information at the FAA, Airworthiness Products Section, Operational
Safety Branch, 2200 South 216th St., Des Moines, WA. For information
on the availability of this material at the FAA, call<PHONE_NUMBER>.

    Issued on July 8, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft
Certification Service.
[FR Doc. 2022-18759 Filed 8-30-22; 8:45 am]
BILLING CODE 4910-13-P


dwcgi 24439 1076354305 861946000. wpd MEMORANDUM TO: 304( m) Record ( EPA Docket Number OW 2003 0074)

FROM: Betsy Bicknell DATE: December 5, 2003 SUBJECT: Toxic Weighting Factor for Petroleum Bulk Storage Terminal PACs Polycyclic Aromatic Compounds ( PACs), sometimes known as Polycyclic Aromatic Hydrocarbons, are a class of organic compounds consisting of two or more fused aromatic rings.

EPA's TRI program has identifies 21 chemicals that are included in the PAC category. Facilities with 10 or more employees in specified SIC codes that manufacture, process or use more than 100 pounds of PACs must report the releases of these compounds to EPA. Facilities report combined mass of PACs released to TRI and do not report releases of individual compounds.

EAD uses Toxic Weighting Factors ( TWFs) for various chemicals to prioritize industrial discharge categories. TWFs are available for 8 of the 21 individual compounds included in this chemical group. Because facilities report combined mass of PACs and EAD has TWFs for individual compounds, ERG had to make an assumption about which PAC comprised the reported PACs. Discharge loads for individual PACs discharged by Petroleum Bulk Storage Terminals were reported in PCS 2000. EPA calculated a weighted TWF for PACs released by Petroleum Bulk Storage Terminals from discharge data available from PCS. This value,

219.3411, was applied to the pounds of PACs releases reported in TRI, to calculate TWPE.

This calculation is developed in the MS Excel   spreadsheet found in the file PBST PAC TWF. xls.


[Federal Register Volume 78, Number 203 (Monday, October 21, 2013)]
[Notices]
[Pages 62357-62358]
[FR Doc No: 2013-24517]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 485-065]

Georgia Power Company; Notice of Application Accepted for Filing,
Soliciting Motions To Intervene and Protests, Ready for Environmental
Analysis, and Soliciting Comments, Recommendations, Preliminary Terms
and Conditions, and Preliminary Fishway Prescriptions

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: New Major License.
    b. Project No.: 485-065.
    c. Date filed: December 13, 2012.
    d. Applicant: Georgia Power Company.
    e. Name of Project: Bartletts Ferry Hydroelectric Project.
    f. Location: The existing project is located on the Chattahoochee
River, along the Georgia-Alabama border, in Harris County, Georgia, and
Lee and Chambers counties, Alabama. The project does not affect federal
lands.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791 (a)-825(r).
    h. Applicant Contact: George A. Martin, Hydro Relicensing Project
Manager, Georgia Power Company, 241 Ralph McGill Blvd. NE., BIN 10221,
Atlanta, GA 30308; Telephone<PHONE_NUMBER>; email_
<EMAIL_ADDRESS>    i. FERC Contact: Allan Creamer; Telephone<PHONE_NUMBER>; email_
<EMAIL_ADDRESS>    j. Deadline for filing motions to intervene and protests, comments,
recommendations, preliminary terms and conditions, and preliminary
prescriptions: 60 days from the issuance date of this notice (December
10, 2013); reply comments are due 105 days from the issuance date of
this notice (January 24, 2014).
    The Commission strongly encourages electronic filing. Please file
motions to intervene, protests, comments, recommendations, preliminary
terms and conditions, and preliminary fishway prescriptions using the
Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief comments

up to 6,000 characters, without prior registration, using the eComment
system at http://www.ferc.gov/docs-filing/ecomment.asp. You must
include your name and contact information at the end of your comments.
For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, please send a paper copy to:
Secretary, Federal Energy Regulatory Commission, 888 First Street NE.,
Washington, DC 20426. The first page of any filing should include
docket number P-485-065.
    The Commission's Rules of Practice require all intervenors filing
documents with the Commission to serve a copy of that document on each
person on the official service list for the project. Further, if an
intervenor files comments or documents with the Commission relating to
the merits of an issue that may affect the responsibilities of a
particular resource agency, they must also serve a copy of the document
on that resource agency.
    k. This application has been accepted for filing and is now ready
for environmental analysis.
    l. Project Description: The project consists of a 2,052-foot-long
dam, two powerhouses, and a 5,850-acre reservoir (Bartletts Ferry
Reservoir or Lake Harding) at a normal water surface elevation of
520.16 feet mean sea level (msl; or 521.0 Plant Datum).
    The west side of the project, from west to east, consists of: (1) A
1,230-foot-long, 11.25-foot-high, 22-bay auxiliary labyrinth spillway;
(2) a 286-foot-long, 35-foot-high, earth-fill embankment dam; (3) a 92-
foot-long by 94-foot-high concrete gravity intake structure, equipped
with four vertical lift steel intake gates, connected to the west
powerhouse by four 15-foot diameter penstocks; (4) a powerhouse
containing three vertical Francis turbines rated at 15 megawatts (MW)
each and a fourth vertical Francis turbine rated at 20 MW, with a total
installed capacity of 65 MW; and (5) a 634-foot-long concrete gravity
spillway with nineteen 21-foot-high by 25-foot-wide radial gates, two
9-foot-high by 11-foot-wide vertical lift trash gates, and four
abandoned siphons in two spillway bays.
    The east side of the project, from west to east, consists of: (1) A
915-foot-long, 125-foot-high, earth-fill embankment dam; (2) a 650-
foot-long intake canal leading to a 177-foot-long concrete gravity
intake structure; (3) two penstocks; and (4) a powerhouse with two
vertical Francis turbines rated at 54 MW each, with a total installed
capacity of 108 MW.
    The project is operated in a peaking mode, and is coordinated with
the peaking operations at the U.S. Army Corps of Engineers' upstream
West Point Dam. The project is normally operated between elevations
518.16 and 520.16 feet msl (or 519.0 and 521.0 Plant Datum), with
normal daily average fluctuations of about \3/4\; foot. The project has
an average annual generation of approximately 395,577 megawatt-hours.
    m. A copy of the application is available for review at the
Commission in the Public Reference Room, or may be viewed on the
Commission's Web site at http://www.ferc.gov, using the ``eLibrary''
link. Enter the docket number, excluding the last three digits in the
docket number field to access the document. For assistance, contact
FERC Online Support. A copy is also available for inspection and
reproduction at the address in item h above.
    Register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    n. Anyone may submit comments, a protest, or a motion to intervene
in accordance with the requirements of Rules of Practice and Procedure,
18 CFR 385.210, .211, and .214. In determining the appropriate action
to take, the Commission will consider all protests or other comments
filed, but only those who file a motion to intervene in accordance with
the Commission's Rules may become a party to the proceeding. Any
comments, protests, or motions to intervene must be received on or
before the specified comment date for the particular application.
    All filings must: (1) Bear in all capital letters the title
``PROTEST,'' ``MOTION TO INTERVENE,'' ``COMMENTS,'' ``REPLY COMMENTS,''
``RECOMMENDATIONS,'' ``PRELIMINARY TERMS AND CONDITIONS,'' or
``PRELIMINARY FISHWAY PRESCRIPTIONS;'' (2) set forth in the heading the
name of the applicant and the project number of the application to
which the filing responds; (3) furnish the name, address, and telephone
number of the person protesting or intervening; and (4) otherwise
comply with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, recommendations, terms and conditions or prescriptions must
set forth their evidentiary basis and otherwise comply with the
requirements of 18 CFR 4.34(b). Agencies may obtain copies of the
application directly from the applicant. A copy of any protest or
motion to intervene must be served upon each representative of the
applicant specified in the particular application. A copy of all other
filings in reference to this application must be accompanied by proof
of service on all persons listed in the service list prepared by the
Commission in this proceeding, in accordance with 18 CFR 4.34(b) and
385.2010.
    o. Procedural Schedule:
    The application will be processed according to the following
revised Hydro Licensing Schedule. Revisions to the schedule may be made
as appropriate.

------------------------------------------------------------------------
                Milestone                           Target date
------------------------------------------------------------------------
Filing of recommendations, preliminary    December 2013.
 terms and conditions, and preliminary
 fishway prescriptions.
Commission issues EA....................  April 2014.
Comments on EA..........................  May 2014.
Modified terms and conditions...........  July 2014.
------------------------------------------------------------------------

    p. Final amendments to the application must be filed with the
Commission no later than 30 days from the issuance date of this notice.
    q. A license applicant must file no later than 60 days following
the date of issuance of the notice of acceptance and ready for
environmental analysis provided for in Sec.  5.22: (1) A copy of the
water quality certification; (2) a copy of the request for
certification, including proof of the date on which the certifying
agency received the request; or (3) evidence of waiver of water quality
certification.

    Dated: October 11, 2013.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2013-24517 Filed 10-18-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 214 (Wednesday, November 4, 2020)]
[Notices]
[Pages 70135-70136]
[FR Doc No: 2020-24460]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14861-002]

FFP Project 101, LLC; Notice Soliciting Scoping Comments

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: Original Major License.
    b. Project No.: 14861-002.
    c. Date Filed: June 23, 2020.
    d. Submitted By: Rye Development on behalf of FFP Project 101, LLC
(FFP).
    e. Name of Project: Goldendale Pumped Storage Project.
    f. Location: Off-stream on the north side of the Columbia River at
River Mile 215.6 in Klickitat County, Washington, with transmission
facilities extending into Sherman County, Oregon. The project would be
located approximately 8 miles southeast of the City of Goldendale,
Washington. The project would occupy 18.1 acres of lands owned by the
U.S. Army Corps of Engineers and administered by the Bonneville Power
Administration.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791 (a)-825(r).
    h. Applicant Contact: Erik Steimle, Rye Development, 220 Northwest
8th Avenue Portland, Oregon 97209;<PHONE_NUMBER>; email_
[email protected]
    i. FERC Contact: Michael Tust at<PHONE_NUMBER>; or email at
<EMAIL_ADDRESS>    j. Deadline for filing scoping comments: December 28, 2020.
    The Commission strongly encourages electronic filing. Please file
scoping comments using the Commission's eFiling system at https://ferconline.ferc.gov/FERCOnline.aspx. Commenters can submit brief
comments up to 6,000 characters, without prior registration, using the
eComment system at https://ferconline.ferc.gov/QuickComment.aspx. You
must include your name and contact information at the end of your
comments. For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, you may submit a paper copy.
Submissions sent via the U.S. Postal Service must be addressed to:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street NE, Room 1A, Washington, DC 20426. Submissions sent via
any other carrier must be addressed to: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville,
Maryland 20852. All filings must clearly identify the project name and
docket number on the first page: Goldendale Pumped Storage Project (P-
14861-002).
    The Commission's Rules of Practice and Procedure require all
interveners filing documents with the Commission to serve a copy of
that document on each person on the official service list for the
project. Further, if an intervener files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency.
    k. The application is not ready for environmental analysis at this
time.
    l. The project would include the following new facilities: (1) A
61-acre upper reservoir formed by a 175-foot-high, 8,000-foot-long
rockfill embankment dam at an elevation of 2,950 feet mean sea level
(MSL) with a vertical concrete intake-outlet structure; (2) a 63-acre
lower reservoir formed by a 205-foot-high, 6,100-foot-long embankment
at an elevation of 590 feet MSL with a horizontal concrete intake-
outlet structure and vertical steel slide gates; (3) an underground
conveyance tunnel system connecting the two reservoirs consisting of a
2,200-foot-long, 29-foot-diameter concrete-lined vertical shaft, a
3,300-foot-long, 29-foot-diameter concrete-lined high pressure tunnel,
a 200-foot-long, 22-foot-diameter high pressure manifold tunnel, three
600-foot-long, 15-foot-diameter steel/concrete penstocks, three 200-
foot-long, 20-foot-diameter steel-lined draft tube tunnels with
bonneted slide gates, a 200-foot-long, 26-foot-diameter concrete-lined
low-pressure tunnel, and a 3,200-foot-long, 30-foot-diameter concrete-
lined tailrace tunnel; (4) an underground powerhouse located between
the upper and lower reservoir in a 0.83-acre powerhouse cavern
containing three, 400-megawatt (MW) Francis-type pump-turbine units for
a total installed capacity of 1,200 MW; (5) a 0.48-acre underground
transformer cavern adjacent to the powerhouse containing intermediate
step-up transformers that will step up the voltage from 18 kilovolts
(kV) to 115 kV; (6) two 30-foot-diameter tunnels for accessing the
powerhouse and transformer caverns; (7) a 0.84-mile-long, 115-kV
underground transmission line extending from the transformer gallery
through the combined access/transmission tunnel to where it emerges
aboveground near the west side of the lower reservoir and extending an
additional 0.27 miles to an outdoor 7.3-acre substation/switchyard
where the voltage would be stepped up to 500 kV; (8) a 3.13-mile-long,
500-kV transmission line routed from the substation/switchyard south
across the Columbia River and connecting to Bonneville Power
Administration's existing John Day Substation; (9) a buried 30-inch-
diameter water fill line leading from a shut-off and throttling valve
within a non-project water supply vault owned by Klickitat Public
Utility District (KPUD) to an outlet structure within the lower
reservoir to convey water to fill the reservoirs; and (10) appurtenant
facilities. The project would also include an existing 0.7-mile road
for accessing the lower reservoir site and an existing 8.6-mile-long
road for accessing the upper reservoir site both of which may be
modified to provide access for construction vehicles.
    The water supply used to initially fill the lower reservoir as well
as to provide make-up water would be purchased from KPUD and would be
obtained from KPUD's existing intake pond on the Columbia River. The
project water fill line would connect to a new KPUD-owned flanged water
supply service connection in a water supply vault located near the
lower reservoir. Within the vault, and just downstream of the service
connection, there would be a project shut-off and throttling valve to
allow control of the initial fill and make-up water flow rate into the
lower reservoir. The initial fill would require 7,640 acre-feet of
water and would be completed in about six months at an average flow
rate of approximately 21 cubic feet per second (maximum flow rate
available is 35 cubic feet per second). It is estimated that the
project would need 360 acre-feet of water each year to replenish water
lost through evaporation.
    m. In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents via the internet through
the Commission's Home Page (http://www.ferc.gov) using the ``eLibrary''
link. Enter the docket number excluding the last three digits in the
docket number field to access the document. At this time, the
Commission has suspended access to the Commission's Public Reference
Room, due to the proclamation declaring a National Emergency concerning
the Novel Coronavirus Disease (COVID-19), issued by the President on
March 13, 2020. For assistance, contact FERC at
<EMAIL_ADDRESS>or call toll-free,<PHONE_NUMBER> or TYY,
(202) 502-8659.

    n. You may also register online at https://ferconline.ferc.gov/FERCOnline.aspx to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    o. Scoping Process
    Commission staff will prepare either an environmental assessment
(EA) or an Environmental Impact Statement (EIS) that describes and
evaluates the probable effects, if any, of the licensee's proposed
action and alternatives. The EA or EIS will consider environmental
impacts and reasonable alternatives to the proposed action. The
Commission's scoping process will help determine the required level of
analysis and satisfy the NEPA scoping requirements, irrespective of
whether the Commission prepares an EA or an EIS. Due to restrictions on
mass gatherings related to COVID-19, we do not intend to conduct a
public scoping meeting and site visit in this case. Instead, we are
soliciting written comments and suggestions on the preliminary list of
issues and alternatives to be addressed in the NEPA document, as
described in scoping document 1 (SD1), issued October 29, 2020.
    Copies of the SD1 outlining the subject areas to be addressed in
the NEPA document were distributed to the parties on the Commission's
mailing list and the applicant's distribution list. Copies of SD1 may
be viewed on the web at http://www.ferc.gov using the ``eLibrary''
link. Enter the docket number excluding the last three digits in the
docket number field to access the document. For assistance, call 1-866-
208-3676 or for TTY,<PHONE_NUMBER>.

    Dated: October 29, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-24460 Filed 11-3-20; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 47 (Friday, March 9, 2012)]
[Proposed Rules]
[Pages 14324-14327]
[FR Doc No: 2012-5647]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 59

[EPA-HQ-OAR-2006-0971; FRL-9644-9]
RIN 2060-AR37

National Volatile Organic Compound Emission Standards for Aerosol
Coatings--Addition of Dimethyl Carbonate, Benzotrifluoride, and
Hexamethyldisiloxane to Table of Reactivity Factors

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The EPA is proposing to amend the National Volatile Organic
Compound Emission Standards for Aerosol Coatings final rule, which is a
rule that establishes national reactivity-based emission standards for
the aerosol coatings category (aerosol spray paints) under the Clean
Air Act. This proposed action adds three compounds: dimethyl carbonate,
benzotrifluoride, and hexamethyldisiloxane and their associated
reactivity factors to the aerosol coatings reactivity rule's table of
reactivity factors based on petitions received from regulated entities.
This action also revises two tables in the final rule, and corrects a
typographical error in a test method reference. In the ``Rules and
Regulations'' section of this Federal Register, we are making these
same amendments as a direct final rule without a prior proposed rule.
If we receive no adverse comment, we will not take further action on
this proposed rule.

DATES: Written comments must be received by April 23, 2012.
    Public Hearing. If anyone contacts the EPA requesting to speak at a
public hearing concerning the proposed regulation by March 19, 2012, we
will hold a public hearing on March 26, 2012. If a public hearing is
held, it will be held at 10 a.m. at Building C on the EPA campus in
Research Triangle Park, NC, or at an alternate site nearby.

Persons interested in presenting oral testimony must contact Ms. Pamela
Garrett, U.S. EPA, Office of Air Quality Planning and Standards, Sector
Policies and Programs Division, Minerals and Manufacturing Group (D243-
04), Research Triangle Park, North Carolina 27711, telephone number:
(919) 541-7966, fax number:<PHONE_NUMBER>, email address:
<EMAIL_ADDRESS>no later than March 19, 2012. Persons
interested in attending the public hearing must also call Ms. Garrett
to verify the time, date and location of the hearing. If no one
contacts Ms. Garrett by March 19, 2012 with a request to present oral
testimony at the hearing, we will cancel the hearing.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2006-0971, by one of the following methods:
     http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
     Email<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Mail: U.S. Postal Service, send comments to: EPA Docket
Center (6102T), Air and Radiation Docket, National Volatile Organic
Emission Standards for Aerosol Coatings, Docket ID No. EPA-HQ-OAR-0971,
1200 Pennsylvania Avenue NW., Washington, DC 20460. Please include a
total of two copies.
     Hand Delivery: In person or by courier, deliver comments
to: EPA Docket Center (6102T), National Volatile Organic Emission
Standards for Aerosol Coatings, Docket ID No. EPA-HQ-OAR-0971, Public
Reading Room, EPA West, Room 3334, 1301 Constitution Ave. NW.,
Washington, DC 20460. Such deliveries are only accepted during the
Docket's normal hours of operation, and special arrangements should be
made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2006-0971. The EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
confidential business information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through www.regulations.gov
or email. The www.regulations.gov Web site is an ``anonymous access''
system, which means the EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an email comment directly to EPA without going through
www.regulations.gov, your email address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic
comment, the EPA recommends that you include your name and other
contact information in the body of your comment and with any disk or
CD-ROM you submit. If the EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, the EPA may not
be able to consider your comment. Electronic files should avoid the use
of special characters, any form of encryption, and be free of any
defects or viruses.
    in the rules section of this Federal Register.

FOR FURTHER INFORMATION CONTACT: For further information, contact Ms.
J. Kaye Whitfield, U.S. EPA, Office of Air Quality Planning and
Standards, Sector Policies and Programs Division, Minerals and
Manufacturing Group (D243-04), Research Triangle Park, NC 27711;
telephone number<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; email
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Organization of this Document: The following
outline is provided to aid in locating information in this document.

I. Why is the EPA issuing this proposed rule?
II. Does this action apply to me?
III. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning Reviews Executive
Order 13563: Improving Regulation and Regulatory Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
    H. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations

I. Why is the EPA issuing this proposed rule?

    This document proposes to take action on the National Volatile
Organic Compound Emission Standards for Aerosol Coatings final rule by
adding three compounds: dimethyl carbonate, benzotrifluoride,
hexamethyldisiloxane and their associated reactivity factors (RFs) to
the aerosol coatings reactivity rule's table of RFs based on petitions
received from regulated entities. This action also revises Table 1 of
the final rule by moving the units, expressed as grams of ozone per
gram of product (g O3/g product), from the table heading to
the column entitled, ``Reactivity Limit;'' revises Tables 2A, 2B, and
2C by adding units, expressed as grams of ozone per gram of volatile
organic compound (gO3/g VOC),to the column entitled,
``Reactivity Factors;'' and corrects a test method typographical error
by replacing the phrase ``California Air Resources Board Method 3-0''
in 40 CFR 59.515(a)(1) with ``California Air Resources Board Method
310.'' We have published a direct final rule to make these same
amendments in the ``Rules and Regulations'' section of this Federal
Register because we view this as a noncontroversial action and
anticipate no adverse comment. We have explained our reasons for this
action in the preamble to the direct final rule.
    If we receive no adverse comment, we will not take further action
on this proposed rule. If we receive adverse comment, we will withdraw
the direct final rule, and it will not take effect. We would address
all public comments in any subsequent final rule base on this proposed
rule.
    We do not intend to institute a second comment period on this
action. Any parties interested in commenting must do so at this time.
    The regulatory text for the proposal is identical to that for the
direct final rule published in the ``Rules and Regulations'' section of
this Federal Register. For further supplementary information, the
detailed rationale for the proposal and the regulatory revisions, see
the direct final rule published in a separate part of this Federal
Register.

II. Does this action apply to me?

    The entities potentially affected by this proposed rule are the
same entities that are subject to the aerosol coatings final rule. The
entities affected by the aerosol coatings final rule include:
manufacturers, processors, distributors or importers of aerosol
coatings for sale or distribution in the United States, and
manufacturers, processors, distributors or importers who supply the
entities listed above with aerosol coatings for sale or distribution in
interstate commerce in the United States.

III. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    This action is not a ``significant regulatory action'' under the
terms of Executive Order 12866 (58 FR 51735 October 4, 1993) and is,
therefore, not subject to review under the Executive Orders 12866 and
13563 (76 FR 3821, January 21, 2011).

B. Paperwork Reduction Act

    This action does not impose any new information collection burden
because it serves to add compounds to Table 2A of the rule and make
several clarifying edits. However, the Office of Management and Budget
(OMB) has previously approved the information collection requirements
contained in the existing regulations (40 CFR parts 51 and 59) under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
and has assigned OMB control number 2060-0617. The OMB control numbers
for the EPA's regulations in 40 CFR are listed in 40 CFR part 9.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act generally requires an agency to
prepare a regulatory flexibility analysis of any rule subject to notice
and comment rulemaking requirements under the Administrative Procedure
Act or any other statute unless the agency certifies that the rule will
not have a significant economic impact on a substantial number of small
entities. Small entities include small businesses, small organizations
and small governmental jurisdictions.
    For purposes of assessing the impacts of this proposed rule on
small entities, small entity is defined as: (1) A small business as
defined by the Small Business Administration's regulations at 13 CFR
121.201; (2) a governmental jurisdiction that is a government of a
city, county, town, school district or special district with a
population of less than 50,000; and (3) a small organization that is
any not-for-profit enterprise which is independently owned and operated
and is not dominant in its field.
    After considering the economic impacts of this proposed rule on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. In
determining whether a rule has a significant economic impact on a
substantial number of small entities, the impact of concern is any
significant adverse economic impact on small entities, since the
primary purpose of the regulatory flexibility analyses is to identify
and address regulatory alternatives ``which minimize any significant
economic impact of the rule on small entities.'' 5 U.S.C. 603 and 604.
Thus, an agency may certify that a rule will not have a significant
economic impact on a substantial number of small entities if the rule
relieves regulatory burden, or otherwise has a positive economic effect
on all of the small entities subject to the rule.
    This rule will not impose any requirements on small entities. We
have determined that small businesses will not incur any adverse
impacts because the EPA is taking this action to amend the aerosol
coatings rule by adding compounds to Table 2A of the rule and making
several clarifying edits. These amendments do not create any new
requirements or burdens, and no costs are associated with these
amendments.
    We have, therefore, concluded that this proposed rule will relieve
regulatory burden for all affected small entities.
    We continue to be interested in the potential impacts of the
proposed rule on small entities and welcome comments on issues related
to such impacts.

D. Unfunded Mandates Reform Act

    This rule does not contain a federal mandate that may result in
expenditures of $100 million or more for state, local and tribal
governments, in the aggregate, or the private sector in any one year.
Thus, this rule is not subject to the requirements of sections 202 or
205 of Unfunded Mandates Reform Act (UMRA).
    This rule is also not subject to the requirements of section 203 of
UMRA because it contains no regulatory requirements that might
significantly or uniquely affect small governments. In this action, the
EPA is amending Table 2A by adding three compounds and their associated
RFs, and making several clarifying edits.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132. This action adds compounds to Table
2A of the aerosol coatings rule, and makes several clarifying edits.
Thus, Executive Order 13132 does not apply to this action.
    In the spirit of Executive Order 13132, and consistent with EPA
policy to promote communications between EPA and State and local
governments, EPA specifically solicits comment on this proposed action
from State and local officials.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action does not have tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). This action adds
compounds to Table 2A of the aerosol coatings rule, and makes several
clarifying edits. Thus, Executive Order 13175 does not apply to this
action.
    EPA specifically solicits additional comment on this proposed
action from tribal officials.

G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 (62 FR 19885, April 23,
1997) as applying to those regulatory actions that concern health or
safety risks, such that the analysis required under section 5-501 of
the Order has the potential to influence the regulation. This action is
not subject to Executive Order 13045 because it is based solely on
technology performance.

H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 (66 FR 28355
(May 22, 2001)), because it is not a significant regulatory action
under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law No. 104-113, 12(d) (15 U.S.C. 272 note)
directs the EPA to use voluntary consensus standards in its regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures and business practices) that are developed or adopted by
voluntary consensus standards bodies. NTTAA directs the EPA to provide
Congress, through OMB, explanations when the agency decides not to use
available and applicable voluntary consensus standards.

    This action does not involve technical standards. Therefore, the
EPA did not consider the use of any voluntary consensus standards.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629 (Feb. 16, 1994)) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies and activities on minority populations and low-income
populations in the United States.
    The EPA has determined that this proposed rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment. Further, this action only adds compounds to Table 2A of
the aerosol coatings rule, and makes several clarifying edits.

List of Subjects in 40 CFR Part 59

    Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Reporting and
recordkeeping requirements.

    Dated: March 1, 2012.
Lisa P. Jackson,
Administrator.
[FR Doc. 2012-5647 Filed 3-8-12; 8:45 am]
BILLING CODE 6560-50-P