[Federal Register: October 13, 2009 (Volume 74, Number 196)]
[Notices]
[Page 52477-52478]
[DOCID:fr13oc09-56]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

October 2, 2009.
    Take notice that the Commission received the following electric
corporate filings:

    Docket Numbers: EC10-1-000.
    Applicants: Fibrowatt LLC, Fibrominn LLC, Unagi LLC.
    Description: Joint Application for Authority to Transfer
Jurisdictional Facilities, Request for Waivers and for Expedited
Consideration of Fibrowatt LLC, Fibrominn LLC and Unagi LLC.
    Filed Date: 10/01/2009.
    Accession Number: 20091001-5093.
    Comment Date: 5 p.m. Eastern Time on Thursday, October 22, 2009.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER01-468-011; ER00-3621-012; ER04-318-007; ER05-36-
008; ER05-37-008; ER05-34-008; ER05-35-008; ER04-249-008; ER99-1695-
016; ER02-23-014; ER97-30-009; ER07-1306-007; ER96-2869-016; ER08-1323-
002; ER97-3561-008.
    Applicants: Dominion Energy Marketing, Inc., Dominion Nuclear
Connecticut, Inc., Dominion Energy Kewaunee, Inc., Dominion Energy
Brayton Point, LLC, Dominion Energy Manchester Street, Inc., Dominion
Energy New England Inc., Dominion Energy Salem Harbor, LLC, Dominion
Retail, Inc., Elwood Energy, LLC, Fairless Energy, LLC, Kincaid
Generation, L.L.C., NedPower Mt Storm LLC, State Line Energy L.L.C.,
Fowler Ridge Wind Farm, LLC, Virginia Electric and Power Company.
    Description: Amended Notice of Change in Status of Dominion
Resources Services, Inc.
    Filed Date: 10/01/2009.
    Accession Number: 20091001-5094.

    Comment Date: 5 p.m. Eastern Time on Thursday, October 22, 2009.

    Docket Numbers: ER09-1098-000.
    Applicants: DownEast Power Company, LLC.
    Description: DownEast Power Co LLC responds to a deficiency letter
the Commission issued on July 2, 2009 re a request for additional
information in support of the Market-based Rate Authorization filing.
    Filed Date: 09/30/2009.
    Accession Number: 20091002-0136.
    Comment Date: 5 p.m. Eastern Time on Wednesday, October 21, 2009.

    Docket Numbers: ER09-1748-000.
    Applicants: Inupiat Energy Marketing, LLC.
    Description: Inupiat Energy Marketing, LLC submits Application for
Expedited Order Accepting Initial Rate Schedule, Blanket
Authorizations, and Certain Waivers.
    Filed Date: 09/30/2009.
    Accession Number: 20091002-0077.
    Comment Date: 5 p.m. Eastern Time on Wednesday, October 21, 2009.

    Docket Numbers: ER09-1760-000.
    Applicants: Wilton Wind II, LLC.
    Description: Wilton Wind II, LLC submits application for
authorization to make market-based sales of energy capacity and certain
ancillary services under a market-based rate tariff.
    Filed Date: 09/30/2009.
    Accession Number: 20091002-0084.
    Comment Date: 5 p.m. Eastern Time on Wednesday, October 21, 2009.

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://
www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St. NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed dockets(s). For assistance
with any FERC Online service, please e-mail<EMAIL_ADDRESS>
or call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. E9-24527 Filed 10-9-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 155 (Monday, August 12, 2013)]
[Notices]
[Pages 48918-48920]
[FR Doc No: 2013-19409]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 30644; 812-14176]

Wells Fargo Bank, N.A., et al.; Notice of Application and
Temporary Order

August 6, 2013.
AGENCY: Securities and Exchange Commission (``Commission'').

ACTION: Temporary order and notice of application for a permanent order
under section 9(c) of the Investment Company Act of 1940 (``Act'').

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Summary of Application: Applicants have received a temporary order
exempting them from section 9(a) of the Act, with respect to an
injunction effective July 15, 2013, entered against Wells Fargo Bank,
N.A. (``Wells Fargo Bank'') by the United States District Court for the
Northern District of California, until the Commission takes final
action on an application for a permanent order. Applicants have
requested a permanent order.

Applicants: Wells Fargo Bank, Alternative Strategies Brokerage
Services, Inc. (``Alternative Strategies Brokerage''), Alternative
Strategies Group, Inc. (``Alternative Strategies''), First
International Advisors, LLC (``First International''), Galliard Capital
Management, Inc. (``Galliard''), Golden Capital Management, LLC
(``Golden Capital''), Metropolitan West Capital Management, LLC
(``Metropolitan West''), Peregrine Capital Management, Inc.
(``Peregrine''), Wells Capital Management Incorporated (``Wells Capital
Management''), Wells Fargo Funds Distributor, LLC (``WF Funds
Distributor''), and Wells Fargo Funds Management, LLC (``WF Funds
Management'') (each an ``Applicant'' and collectively, the
``Applicants'').\1\
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    \1\ Applicants request that any relief granted pursuant to the
application also apply to any other company of which Wells Fargo
Bank is or may become an affiliated person within the meaning of
section 2(a)(3) of the Act (together with the Applicants, the
``Covered Persons'').

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DATES: Filing Date: The application was filed on July 12, 2013.

Hearing or Notification of Hearing: An order granting the application
will be issued unless the Commission orders a hearing. Interested
persons may request a hearing by writing to the Commission's Secretary
and serving Applicants with a copy of the request, personally or by
mail. Hearing requests should be received by the Commission by 5:30
p.m. on September 3, 2013, and should be accompanied by proof of
service on Applicants, in the form of an affidavit, or for lawyers, a
certificate of service. Hearing requests should state the nature of the
writer's interest, the reason for the request, and the issues
contested. Persons who wish to be notified of a hearing may request
notification by writing to the Commission's Secretary.

ADDRESSES: Elizabeth M. Murphy, Secretary, U.S. Securities and Exchange
Commission, 100 F Street NE., Washington, DC 20549-1090. Applicants:
Wells Fargo Bank, 101 North Phillips Avenue, Sioux Falls, SD 57104;
Alternative Strategies Brokerage and Alternative Strategies, 401 South
Tryon Street, TH 3, 5th Floor, Charlotte, NC 28202; First
International, 30 Fenchurch Street, London, England, UK EC3M 3BD;
Galliard, 800 LaSalle Avenue, Suite 1100, Minneapolis, MN 55402; Golden
Capital, 5 Resource Square, Suite 400, 10715 David Taylor Drive,
Charlotte, NC 28262; Metropolitan West, 610 Newport Center Drive, Suite
1000, Newport Beach, CA 92660; Peregrine, 800 LaSalle Avenue, Suite
1850, Minneapolis, MN 55402; West Capital Management, 525 Market
Street, 10th Floor, San Francisco, CA 94105; and WF Funds Distributor
and WF Funds Management, 525 Market Street, 12th Floor, San Francisco,
CA 94105.

FOR FURTHER INFORMATION CONTACT: Laura J. Riegel, Senior Counsel, at
(202) 551-6873 or Mary Kay Frech, Branch Chief, at<PHONE_NUMBER>
(Division of Investment Management, Office of Exemptive Applications).

SUPPLEMENTARY INFORMATION: The following is a temporary order and a
summary of the application. The complete application may be obtained
via the Commission's Web site by searching for the file number, or an
applicant using the Company name box, at http://www.sec.gov/search/search.htm or by calling<PHONE_NUMBER>.

Applicants' Representations

    1. Wells Fargo Bank is a national banking association wholly-owned,
directly and indirectly, by Wells Fargo & Company (``Wells Fargo'').
Through its direct and indirect subsidiaries, Wells Fargo, a registered
financial holding company and bank holding company under the Bank
Holding Company Act of 1956, as amended, offers banking, brokerage,
advisory and other financial services to institutional and individual
customers worldwide. Wells Fargo also is the ultimate parent of the
other Applicants, who, as direct or indirect, majority-owned or wholly-
owned, subsidiaries of the same ultimate parent, are, or may be
considered to be, under common control with Wells Fargo Bank.
    2. Abbot Downing Investment Advisors and Wells Capital Management
Singapore, each a separately identifiable department within Wells Fargo
Bank and each registered as an investment adviser under the Investment
Advisers Act of 1940 (``Advisers Act''), serve as investment advisers
to one or more Funds (as defined below). Alternative

Strategies, First International, Galliard, Golden Capital, Metropolitan
West, Peregrine, Wells Capital Management, and WF Funds Management are
registered as investment advisers under the Advisers Act and serve as
investment advisers or sub-advisers to various Funds. Alternative
Strategies Brokerage and WF Funds Distributor are registered as broker-
dealers under the Securities Exchange Act of 1934, and each serves as
principal underwriter to various Funds. ``Fund'' means any registered
investment company, including a registered unit investment trust
(``UIT'') or registered face amount certificate company, as well as any
business development company (``BDC'') or employees' securities company
(``ESC''). ``Fund Servicing Activities'' means acting as an adviser,
sub-adviser or depositor to Funds, or principal underwriter for any
registered open-end investment company, UIT, registered face amount
company or ESC.
    3. On May 14, 2013, the United States District Court for the
Northern District of California issued an order (the ``Court Order'')
in a certified consumer class action under Section 17200 of the
California Business and Professions Code relating to a Wells Fargo Bank
bookkeeping device known as ``high-to-low'' posting.\2\ The plaintiffs
in the class action alleged that Wells Fargo Bank, without adequate
disclosure to account holders, posted debit card transactions received
each day for payment beginning with the highest amount and ending with
the lowest amount (i.e., high-to-low), which could have the effect of
increasing the number of items posting into overdraft and, therefore,
increased overdraft fees.\3\ While the plaintiffs' challenge to the
practice of high-to-low posting and to the adequacy of the bank's
disclosures was found to be preempted by the National Bank Act, Wells
Fargo Bank was found liable under the California law for making
misleading statements regarding the practice.\4\ The Court Order
enjoined Wells Fargo Bank from making or disseminating, or permitting
to be made or disseminated, any false or misleading representations
relating to the posting order of debit-card purchases, checks, and ACH
transactions in its customer bank accounts (the ``Injunction''). The
Court Order set July 15, 2013, as the effective date of the Injunction.
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    \2\ Gutierrez v. Wells Fargo Bank, N.A., Case No. C 07-05923 WHA
(N.D. Cal., May 14, 2013) (granting in part and denying in part
motion for judgment following remand).
    \3\ Id.
    \4\ Id. at 3 (citing Gutierrez v. Wells Fargo Bank, N.A., 704
F.3d 712, 725-730 (9th Cir. 2012)).
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Applicants' Legal Analysis

    1. Section 9(a)(2) of the Act, in relevant part, prohibits a person
who has been enjoined from acting as a bank, or from engaging in or
continuing any conduct or practice in connection with such activity,
from acting, among other things, as an investment adviser or depositor
of any registered investment company, or as a principal underwriter for
any registered open-end investment company, UIT or registered face-
amount certificate company. Section 9(a)(3) of the Act extends the
prohibitions of section 9(a)(2) to a company any affiliated person of
which has been disqualified under the provisions of section 9(a)(2).
Section 2(a)(3) of the Act defines ``affiliated person'' to include,
among others, any person directly or indirectly controlling, controlled
by, or under common control with, the other person. Applicants state
that Wells Fargo Bank is, or may be considered to be, under common
control with and therefore an affiliated person of each of the other
Applicants. Applicants state that the Injunction may result in
Applicants being subject to the disqualification provisions of section
9(a) of the Act because Wells Fargo Bank is enjoined from engaging in
or continuing certain conduct and/or practices in connection with its
banking activity.\5\
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    \5\ Applicants believe that the conduct and/or practices covered
by the Injunction could be deemed to be in connection with Wells
Fargo Bank's banking activity.
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    2. Section 9(c) of the Act provides that the Commission shall grant
an application for exemption from the disqualification provisions of
section 9(a) if it is established that these provisions, as applied to
Applicants, are unduly or disproportionately severe or that the
Applicants' conduct has been such as not to make it against the public
interest or the protection of investors to grant the exemption.
Applicants have filed an application pursuant to section 9(c) seeking
temporary and permanent orders exempting the Applicants and the other
Covered Persons from the disqualification provisions of section 9(a) of
the Act. On July 15, 2013, Applicants received a temporary conditional
order from the Commission exempting them from section 9(a) of the Act
with respect to the Injunction from July 15, 2013 until the Commission
takes final action on an application for a permanent order or, if
earlier, September 13, 2013.
    3. Applicants believe they meet the standard for exemption
specified in section 9(c). Applicants state that the prohibitions of
section 9(a) as applied to them would be unduly and disproportionately
severe and that the conduct of Applicants has been such as not to make
it against the public interest or the protection of investors to grant
the exemption from section 9(a).
    4. Applicants state that the conduct giving rise to the Injunction
did not involve any of the Applicants acting in their capacity as
investment adviser, sub-adviser, or principal underwriter for Funds.
Applicants also state that the alleged conduct giving rise to the
Injunction did not involve any Fund or the assets of any Fund for which
they provided Fund Servicing Activities. Applicants further state that
to the best of their reasonable knowledge: (i) none of the Applicants'
(other than certain of Wells Fargo Bank's) current or former directors,
officers or employees had any knowledge of, or had any involvement in,
the conduct alleged in the Court Order that provided a basis for the
Injunction; (ii) the personnel who were involved in the violations have
had no involvement in, and will not have any future involvement in,
providing advisory, sub-advisory, depository or underwriting services
to Funds; and (iii) because the personnel of the Applicants involved in
Fund Servicing Activities did not have any involvement in the alleged
misconduct, shareholders of Funds that received investment advisory,
depository and principal underwriting services from the Applicants were
not affected any differently than if those Funds had received services
from any other non-affiliated investment adviser, depositor or
principal underwriter.
    5. Applicants further represent that the inability of Applicants to
continue providing Fund Servicing Activities would result in
potentially severe financial hardships for both the Funds and their
shareholders. Applicants state that they will distribute written
materials, including an offer to meet in person to discuss the
materials, to the board of directors of each Fund, including the
directors who are not ``interested persons,'' as defined in section
2(a)(19) of the Act, of such Fund, and their independent legal counsel
as defined in rule 0-1(a)(6) under the Act, if any, regarding the
Injunction, any impact on the Funds, and the application. The
Applicants will provide the Funds with all information concerning the
Injunction and the application that is necessary for the Funds to
fulfill their disclosure and other obligations under the federal
securities laws.
    6. Applicants also assert that, if the Applicants were barred from
engaging in Fund Servicing Activities, the effect

on their businesses and employees would be severe. The Applicants state
that they have committed substantial capital and resources to
establishing expertise in advising and sub-advising Funds and in
support of their principal underwriting business.
    7. Applicants state that several Applicants and certain of their
affiliates have previously received orders under section 9(c), as
described in greater detail in the application.

Applicants' Condition

    Applicants agree that any order granted by the Commission pursuant
to the application will be subject to the following condition:
    Any temporary exemption granted pursuant to the application shall
be without prejudice to, and shall not limit the Commission's rights in
any manner with respect to, any Commission investigation of, or
administrative proceedings involving or against, Covered Persons,
including without limitation, the consideration by the Commission of a
permanent exemption from section 9(a) of the Act requested pursuant to
the application, or the revocation or removal of any temporary
exemptions granted under the Act in connection with the application.

Temporary Order

    The Commission has considered the matter and finds that Applicants
have made the necessary showing to justify granting a temporary
exemption.
    Accordingly,
    It is hereby ordered, pursuant to section 9(c) of the Act, that the
Applicants and the other Covered Persons are granted a temporary
exemption from the provisions of section 9(a), effective forthwith,
solely with respect to the Injunction, subject to the condition in the
application, until the date the Commission takes final action on their
application for a permanent order.

    By the Commission.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-19409 Filed 8-9-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: August 5, 2009 (Volume 74, Number 149)]
[Notices]
[Page 39072-39073]
[DOCID:fr05au09-65]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2008-0504; FRL-8940-8]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; Notification of Chemical
Exports--TSCA Section 12(b); EPA ICR No. 0795.13, OMB No. 2070-0030

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501
et seq.), this document announces that an Information Collection
Request (ICR) has been forwarded to the Office of Management and Budget
(OMB) for review and approval, entitled: ``Notification of Chemical
Exports--TSCA section 12(b),'' (EPA ICR No. 0795.13, OMB No. 2070-
0030). The ICR, which is abstracted below, describes the nature of the
information collection activity and its expected burden and costs.

DATES: Additional comments may be submitted on or before September 4,
2009.

ADDRESSES: Submit your comments, referencing docket ID Number EPA-HQ-
OPPT-2008-0504 to (1) EPA online using http://www.regulations.gov (our
preferred method), by e-mail to<EMAIL_ADDRESS>or by mail to:
Document Control Office (DCO), Office of Pollution Prevention and
Toxics (OPPT), Environmental Protection Agency, Mail Code: 7407T, 1200
Pennsylvania Ave., NW., Washington, DC 20460, and (2) OMB at: Office of
Information and Regulatory Affairs, Office of Management and Budget
(OMB), Attention: Desk Officer for EPA, 725 17th Street, NW.,
Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Barbara Cunningham, Director,
Environmental Assistance Division, Office of Pollution Prevention and
Toxics, Environmental Protection Agency, Mailcode: 7408-M, 1200
Pennsylvania Ave., NW., Washington, DC 20460; telephone number: 202-
554-1404; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB
for review and approval according to the procedures prescribed in 5 CFR
1320.12. On March 6, 2009 (74 FR 9815), EPA sought comments on this
renewal ICR pursuant to 5 CFR 1320.8(d). EPA received no comments
during the comment period. Any additional comments related to this
renewal ICR should be submitted to EPA and OMB within 30 days of this
notice.
    EPA has established a public docket for this ICR under Docket ID
No. EPA-HQ-OPPT-2008-0504, which is available for online viewing at
http://www.regulations.gov, or in person inspection at the OPPT Docket
in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301
Constitution Ave., NW., Washington, DC. The EPA Docket Center Public
Reading Room is open from 8 a.m. to 4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone number for the Reading Room is
202-566-1744, and the telephone number for the Pollution Prevention and
Toxics Docket is<PHONE_NUMBER>. Use http://www.regulations.gov to submit
or view public comments, access the index listing of the contents of
the public docket, and to access those documents in the public docket
that are available electronically. Once in the system, select
``search,'' then key in the docket ID number identified above.
    EPA's policy is that public comments, whether submitted
electronically or in paper, will be made available for public viewing
in http://www.regulations.gov as EPA receives them and without change,
unless the comment contains copyrighted material, Confidential Business
Information (CBI), or other information whose public disclosure is
restricted by statute. When EPA identifies a comment containing
copyrighted material, EPA will provide a reference to that material in
the version of the comment that is placed in http://
www.regulations.gov. The entire printed comment, including the
copyrighted material, will be available in the public docket. Although
identified as an item in the official docket, information claimed as
CBI, or whose disclosure is otherwise restricted by statute, is not
included in the official public docket, and will not be available for
public viewing in http://www.regulations.gov. For further information
about the electronic docket, go to http://www.regulations.gov.
    Title: Notification of Chemical Exports--TSCA section 12(b).
    ICR Status: This ICR is currently scheduled to expire on November
30, 2009. 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. The OMB control numbers for EPA's
regulations in title 40 of the CFR, after appearing in the Federal
Register when approved, are listed in 40 CFR part 9, are displayed
either by publication in the Federal Register or by other appropriate
means, such as on the related collection instrument or form, if
applicable. The display of OMB control numbers in certain EPA
regulations is consolidated in 40 CFR part 9.
    Abstract: Section 12(b) of the Toxic Substances Control Act (TSCA)
states, in part, that any person who exports or intends to export to a
foreign country a chemical substance or mixture for which submission of
data is required under TSCA section 4 or 5(b), or for which a rule,
action or order has been proposed or promulgated under TSCA section 5,
6, or 7, shall notify the EPA Administrator of such export or intent to
export. The Administrator in turn will notify the government of the
importing country of EPA's regulatory action with respect to the
substance.
    The rule codified at 40 CFR part 707, subpart D requires exporters
to submit an annual notice for each country to which a chemical subject
to TSCA section 12(b) requirements is exported. In addition, exporters
of chemicals subject to TSCA section 4 test rules are allowed to submit
a one-time notice to EPA for the export of a TSCA section 4 chemical to
each particular country, instead of providing annual notification.
    The export notice must include five easily ascertainable items: the
name and address of the exporter, the name of the chemical, the country
of import, the date of export or intended export, and the section of
TSCA under which EPA has taken action (section 4, 5, 6 or 7). There are
currently over 1,000 substances or categories of substances that have
been regulated or proposed to be regulated under the applicable
sections of TSCA.
    Responses to this collection of information are mandatory.
Respondents may claim all or part of a

notice as CBI. EPA will disclose information that is covered by a CBI
claim only to the extent permitted by, and in accordance with, the
procedures in 40 CFR part 2.
    Burden Statement: The annual public burden for this collection of
information is estimated to be about 1.18 hours per response. Burden
means the total time, effort or financial resources expended by persons
to generate, maintain, retain or disclose or provide information to or
for a Federal agency. This includes the time needed to review
instructions; develop, acquire, install and utilize technology and
systems for the purposes of collecting, validating and verifying
information, processing and maintaining information, and disclosing and
providing information; adjust the existing ways to comply with any
previously applicable instructions and requirements; train personnel to
be able to respond to a collection of information; search data sources;
complete and review the collection of information; and transmit or
otherwise disclose the information.
    Respondents/Affected Entities: Entities potentially affected by
this action are companies that export from the United States to foreign
countries, or that engage in wholesale sales of, chemical substances or
mixtures.
    Frequency of Collection: Annual, on occasion.
    Estimated Average Number of Responses for Each Respondent: 1.
    Estimated No. of Annual Responses: 4,100.
    Estimated Total Annual Burden on Respondents: 4,850 hours.
    Estimated Total Annual Burden Costs: $264,255.
    Changes in Burden Estimates: There is a decrease of 2,700 hours
(from 7,550 hours to 4,850 hours) in the total estimated respondent
burden compared with that identified in the information collection last
approved by OMB. This decrease represents the net effect of a decrease
in the estimated number of notices sent to EPA and a decrease in the
number of firms sending notices, based on EPA's recent experience with
TSCA section 12(b) notices.

    Dated: July 30, 2009.
John Moses,
Director, Collection Strategies Division.
[FR Doc. E9-18694 Filed 8-4-09; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 142 (Wednesday, July 24, 2019)]
[Rules and Regulations]
[Pages 35545-35546]
[FR Doc No: 2019-15693]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 100, 117, 147, and 165

[USCG-2019-0482]

2019 Quarterly Listings; Safety Zones, Security Zones, Special
Local Regulations, Drawbridge Operation Regulations and Regulated
Navigation Areas

AGENCY: Coast Guard, DHS.

ACTION: Notification of expired temporary rules issued.

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SUMMARY: This document provides notification of substantive rules
issued by the Coast Guard that were made temporarily effective but
expired before they could be published in the Federal Register. This
document lists temporary safety zones, security zones, special local
regulations, drawbridge operation regulations and regulated navigation
areas, all of limited duration and for which timely publication in the
Federal Register was not possible.

DATES: This document lists temporary Coast Guard rules that became
effective, primarily between April 2019 and June 2019, unless otherwise
indicated, and were terminated before they could be published in the
Federal Register.

ADDRESSES: Temporary rules listed in this document may be viewed
online, under their respective docket numbers, using the Federal
eRulemaking Portal at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For questions on this document contact
Deborah Thomas, Office of Regulations and Administrative Law, telephone
(202) 372-3864.

SUPPLEMENTARY INFORMATION: Coast Guard District Commanders and Captains
of the Port (COTP) must be immediately responsive to the safety and
security needs within their jurisdiction; therefore, District
Commanders and COTPs have been delegated the authority to issue certain
local regulations. Safety zones may be established for safety or
environmental purposes. A safety zone may be stationary and described
by fixed limits or it may be described as a zone around a vessel in
motion. Security zones limit access to prevent injury or damage to
vessels, ports, or waterfront facilities. Special local regulations are
issued to enhance the safety of participants and spectators at regattas
and other marine events. Drawbridge operation regulations authorize
changes to drawbridge schedules to accommodate bridge repairs, seasonal
vessel traffic, and local public events. Regulated Navigation Areas are
water areas within a defined boundary for which regulations for vessels
navigating within the area have been established by the regional Coast
Guard District Commander.
    Timely publication of these rules in the Federal Register may be
precluded when a rule responds to an emergency, or when an event occurs
without sufficient advance notice. The affected public is, however,
often informed of these rules through Local Notices to Mariners, press
releases, and other means. Moreover, actual notification is provided by
Coast Guard patrol vessels enforcing the restrictions imposed by the
rule. Because Federal Register publication was not possible before the
end of the effective period, mariners were personally notified of the
contents of these safety zones, security zones, special local
regulations, regulated navigation areas or drawbridge operation
regulations by Coast Guard officials on-scene prior to any enforcement
action. However, the Coast Guard, by law, must publish in the Federal
Register notice of substantive rules adopted. To meet this obligation
without imposing undue expense on the public, the Coast Guard
periodically publishes a list of these temporary safety zones, security
zones, special local regulations, regulated navigation areas and
drawbridge operation regulations. Permanent rules are not included in
this list because they are published in their entirety in the Federal
Register. Temporary rules are also published in their entirety if
sufficient time is available to do so before they are placed in effect
or terminated.
    The following unpublished rules were placed in effect temporarily
during the period between April 2019 and June 2019 unless otherwise
indicated. To view copies of these rules, visit www.regulations.gov and
search by the docket number indicated in the following table.

----------------------------------------------------------------------------------------------------------------
               Docket No.                            Type                      Location           Effective date
----------------------------------------------------------------------------------------------------------------
USCG-2012-1036..........................  Special Local Regulations   Hartford, CT..............       10/1/2017
                                           (Part 100).
USCG-2012-1036..........................  Safety Zones (Parts 147     Oakdale, NY...............      11/24/2018
                                           and 165).
USCG-2018-1118..........................  Security Zones (Part 165).  San Pedro, California.....       3/21/2019
USCG-2019-0165..........................  Special Local Regulations   San Diego, CA.............        4/6/2019
                                           (Part 100).
USCG-2019-0110..........................  Safety Zones (Parts 147     Charleston, SC............        4/6/2019
                                           and 165).
USCG-2019-0228..........................  Security Zones (Part 165).  Corpus Christi, TX........       4/10/2019
USCG-2019-0170..........................  Safety Zones (Parts 147     Saline City, MO...........       4/14/2019
                                           and 165).
USCG-2019-0280..........................  Safety Zones (Parts 147     Peoria, IL................       4/19/2019
                                           and 165).
USCG-2019-0225..........................  Special Local Regulations   Tiburon, CA...............       4/28/2019
                                           (Part 100).
USCG-2019-0226..........................  Special Local Regulations   San Francisco, CA.........       4/28/2019
                                           (Part 100).
USCG-2019-0286..........................  Safety Zones (Parts 147     Milwaukee, WI.............       4/30/2019
                                           and 165).
USCG-2019-0184..........................  Safety Zones (Parts 147     Key West, FL..............        5/4/2019
                                           and 165).
USCG-2019-0030..........................  Safety Zones (Parts 147     Point Comfort, TX.........        5/4/2019
                                           and 165).
USCG-2019-0341..........................  Safety Zones (Parts 147     Jacksonville, FL..........        5/7/2019
                                           and 165).
USCG-2019-0181..........................  Safety Zones (Parts 147     Seattle, WA...............        5/9/2019
                                           and 165).
USCG-2019-0318..........................  Safety Zones (Parts 147     Savannah, GA..............       5/16/2019
                                           and 165).
USCG-2019-0360..........................  Special Local Regulations   Philadelphia, PA..........       5/17/2019
                                           (Part 100).
USCG-2019-0381..........................  Security Zones (Part 165).  Corpus Christi, TX........       5/17/2019

USCG-2019-0162..........................  Safety Zones (Parts 147     Orange, TX................       5/18/2019
                                           and 165).
USCG-2019-0237..........................  Security Zones (Part 165).  New London, CT............       5/22/2019
USCG-2019-0342..........................  Safety Zones (Parts 147     Miami Beach, FL...........       5/24/2019
                                           and 165).
USCG-2019-0327..........................  Safety Zones (Parts 147     Detroit Zone..............       5/26/2019
                                           and 165).
USCG-2019-0297..........................  Safety Zones (Parts 147     San Francisco, CA.........       5/28/2019
                                           and 165).
USCG-2019-0424..........................  Safety Zones (Parts 147     Morgan City, LA...........       5/29/2019
                                           and 165).
USCG-2019-0429..........................  Safety Zones (Parts 147     Chattanooga, TN...........       5/30/2019
                                           and 165).
USCG-2019-0320..........................  Safety Zones (Parts 147     Lower Township, NJ........        6/2/2019
                                           and 165).
USCG-2019-0405..........................  Security Zones (Part 165).  Portland, OR..............        6/6/2019
USCG-2019-0401..........................  Security Zones (Part 165).  Corpus Christi, TX........        6/6/2019
USCG-2019-0439..........................  Security Zones (Part 165).  Corpus Christi, TX........        6/7/2019
USCG-2012-1036..........................  Special Local Regulations   Port Long Island Zone.....        6/8/2019
                                           (Part 100).
USCG-2019-0485..........................  Security Zones (Part 165).  Christi, TX...............       6/12/2019
USCG-2019-0301..........................  Safety Zones (Parts 147     Owensboro, KY.............       6/15/2019
                                           and 165).
USCG-2019-0406..........................  Safety Zones (Parts 147     East Liverpool, OH........       6/15/2019
                                           and 165).
USCG-2019-0281..........................  Safety Zones (Parts 147     Tiburon, CA...............       6/15/2019
                                           and 165).
USCG-2019-0494..........................  Safety Zones (Parts 147     Grand Marais, MI..........       6/15/2019
                                           and 165).
USCG-2019-0522..........................  Security Zones (Part 165).  Miami, FL.................       6/18/2019
USCG-2019-0333..........................  Special Local Regulations   New York City, NY.........       6/20/2019
                                           (Part 100).
USCG-2019-0182..........................  Safety Zones (Parts 147     Brookport, IL.............       6/25/2019
                                           and 165).
USCG-2019-0559..........................  Safety Zones (Parts 147     Port Sault Ste Marie Zone.       6/27/2019
                                           and 165).
USCG-2019-0553..........................  Safety Zones (Parts 147     Milwaukee, WI.............       6/29/2019
                                           and 165).
USCG-2019-0373..........................  Safety Zones (Parts 147     Seattle, WA...............      6/29/25019
                                           and 165).
----------------------------------------------------------------------------------------------------------------

    Dated: July 19, 2019.
M.W. Mumbach,
Acting Chief, Office of Regulations and Administrative Law, United
States Coast Guard.
[FR Doc. 2019-15693 Filed 7-23-19; 8:45 am]
BILLING CODE P


[Federal Register Volume 86, Number 161 (Tuesday, August 24, 2021)]
[Proposed Rules]
[Pages 47264-47266]
[FR Doc No: 2021-18148]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0699; Project Identifier AD-2020-01685-E]
RIN 2120-AA64

Airworthiness Directives; General Electric Company Turbofan
Engines

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 General Electric Company (GE) CF34-10E model turbofan
engines. This proposed AD was prompted by a manufacturer investigation
that revealed Teflon material in the A-sump oil strainer (strainer
assembly) screen after several reports of in-flight shutdowns (IFSDs)
and unscheduled engine removals (UERs). This proposed AD would require
initial and repetitive visual inspections of the strainer assembly
screen. As a terminating action to the initial and repetitive visual
inspections, this proposed AD would require the replacement of the
stationary oil seal at the No. 1 forward bearing. 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 8,
2021.

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 General
Electric Company, GE Aviation, Room 285, 1 Neumann Way, Cincinnati, OH
45215; phone:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
website: www.ge.com. You may view this service information at the FAA,
Airworthiness Products Section, Operational Safety Branch, 1200
District Avenue, Burlington, MA 01803. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by
searching for and locating Docket No. FAA-2021-0699; 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: Scott Stevenson, Aviation Safety
Engineer, ECO Branch, FAA, 1200 District Avenue, Burlington, MA 01803;
phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
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-2021-0699; Project Identifier
AD-2020-01685-E'' 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 Scott Stevenson, Aviation
Safety Engineer, ECO Branch, FAA, 1200 District Avenue, Burlington, MA
01803. Any commentary that the FAA receives which is not specifically
designated as CBI will be placed in the public docket for this
rulemaking.

Background

    The FAA received reports of several IFSDs and UERs on airplanes
operating with GE CF34-10E5, CF34-10E5A1, CF34-10E6, and CF34-10E7
model turbofan engines. After investigation, the manufacturer
determined that the failures were the result of Teflon oil seals
disbonding from the aluminum housing when used with either high thermal
stability (HTS) or high performance capability (HPC) oils. The
stationary oil seal deterioration resulted from the failure of the
bonding adhesive, known as EA9658, which does not have the high
temperature capabilities as designed and is negatively impacted by the
use of HTS or HPC oils. This deterioration results in Teflon particles
collecting in the strainer assembly. The manufacturer determined that
CF34-10E2A1, CF34-10E6A1, and CF34-10E7-B model turbofan engines are
also subject to this unsafe condition. This condition, if not
addressed, could result in failure of the engine, in-flight shutdown,
and loss of control of the airplane.

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 GE CF34-10E Service Bulletin 72-0365 R04, dated
April 27, 2021. This service information specifies procedures for
performing a visual inspection and a borescope inspection of the
strainer assembly for Teflon particles. 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 initial and repetitive visual
inspections of the strainer assembly screen. As a terminating action to
the repetitive visual inspections, this proposed AD would require the
replacement of the stationary oil seal at the No. 1 forward bearing.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would
affect 46 engines installed on 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
----------------------------------------------------------------------------------------------------------------
Inspect the strainer assembly        1 work-hour x $85 per hour               $0             $85          $3,910
 screen.                              = $85.
Replace the stationary oil seal....  2 work-hours x $85 per hour           8,628           8,798         404,708
                                      = $170.
----------------------------------------------------------------------------------------------------------------

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:

General Electric Company: Docket No. FAA-2021-0699; Project
Identifier AD-2020-01685-E.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive
(AD) by October 8, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all General Electric Company (GE) CF34-
10E2A1, CF34-10E5, CF34-10E5A1, CF34-10E6, CF34-10E6A1, CF34-10E7,
and CF34-10E7-B model turbofan engines with a stationary oil seal,
part number (P/N) B1316-00453 or P/N B1316-01274, installed at the
No.1 forward bearing, that has used high thermal stability (HTS) oil
or high performance capability (HPC) oil for 56 or more flight hours
(FHs) during the life of the stationary oil seal.

(d) Subject

    Joint Aircraft System Component (JASC) Code 7261, Turbine Engine
Oil System.

(e) Unsafe Condition

    This AD was prompted by investigation by the manufacturer that
revealed Teflon material in the A-sump oil strainer (strainer
assembly) screen after several reports of in-flight shutdowns and
unscheduled engine removals. The FAA is issuing this AD to prevent
failure of the stationary oil seal at the No.1 forward bearing. The
unsafe condition, if not addressed, could result in failure of the
engine, in-flight shutdown, and loss of control of the airplane.

(f) Compliance

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

(g) Required Actions

    (1) Within the compliance time specified in paragraph (g)(1)(i)
or (ii) of this AD, as applicable, perform an initial visual
inspection of the strainer assembly screen for Teflon material.
Guidance on performing the visual inspections of the strainer
assembly screen can be found in the Accomplishment Instructions,
paragraphs 3.A.(1)(d), of GE CF34-10E Service Bulletin (SB) 72-0365
R04, dated April 27, 2021.
    (i) For an affected stationary oil seal having fewer than 2,250
flight hours (FHs) since new on the effective date of this AD,
perform the initial inspection of the strainer assembly screen at
the next engine shop visit after accumulating 2,250 FHs since new,
but no later than 2,350 FHs since new.
    (ii) For an affected stationary oil seal having 2,250 or more
FHs since new on the effective date of this AD, perform the initial
inspection of the strainer assembly screen within 100 FHs after the
effective date of this AD.
    (2) Thereafter, within the following compliance times, repeat
the visual inspection of the strainer assembly screen required by
paragraph (g)(1) of this AD:
    (i) For an affected stationary oil seal having 2,250 to 7,000
FHs since new at the time of the last inspection, repeat the visual
inspection every 750 FHs.
    (ii) For an affected stationary oil seal having 7,001 to 10,000
FHs since new at the time of the last inspection, repeat the visual
inspection every 375 FHs.
    (iii) For an affected stationary oil seal having more than
10,000 FHs since new at the time of the last inspection, repeat the
visual inspection every 100 FHs.
    (3) If, based on the inspections required by paragraph (g)(1) or
(2) of this AD, Teflon material is found in the strainer assembly
screen, before further flight, remove the stationary oil seal at the
No. 1 forward bearing from service and replace it with a part
eligible for installation.
    (4) Before an affected stationary oil seal accumulates 10,000
FHs since new or within 500 FHs after the effective date of this AD,
whichever occurs later, remove the stationary oil seal at the No. 1
forward bearing from service and replace it with a part eligible for
installation.

(h) Terminating Action

    Removal of the stationary oil seal, P/N B1316-00453 or P/N
B1316-01274, installed at the No. 1 forward bearing, and replacement
with a part eligible for installation, constitutes terminating
action for the initial and repetitive inspections required by
paragraphs (g)(1) and (2) of this AD.

(i) Definition

    For the purpose of this AD, a ``part eligible for installation''
is a stationary oil seal that has a P/N other than P/N B1316-00453
or P/N B1316-01274.

(j) Special Flight Permit

    Special flight permits, as described in 14 CFR 21.197 and
21.199, are subject to the requirements of paragraph (j)(1) of this
AD.
    (1) Operators who are prohibited from further flight due to
Teflon material found in the strainer assembly screen may perform a
non-revenue ferry flight, consisting of no more than five cycles, to
a location where the engine can be removed from service if operators
perform the actions in Appendix--A, paragraph 4.A., GE CF34-10E
Service Bulletin (SB) 72-0365 R04, dated April 27, 2021 and the
engine still meets the criteria in paragraph 4.A. for flying an
additional five cycles. This ferry flight must be performed with
only essential flight crew, without passengers, and involve non-
ETOPS operations.
    (2) [Reserved]

(k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, ECO 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 local Flight Standards District Office, as
appropriate. If sending information directly to the manager of the
certification office, send it to the attention of the person
identified in Related Information. You may email your request to
<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(l) Related Information

    (1) For more information about this AD, contact Scott Stevenson,
Aviation Safety Engineer, ECO Branch, FAA, 1200 District Avenue,
Burlington, MA 01803; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>    (2) For service information identified in this AD, contact
General Electric Company, GE Aviation, Room 285, 1 Neumann Way,
Cincinnati, OH 45215; phone:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>website: www.ge.com. You may view
this referenced service information at the FAA, Airworthiness
Products Section, Operational Safety Branch, 1200 District Avenue,
Burlington, MA 01803. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>.

    Issued on August 18, 2021.
Ross Landes,
Deputy Director for Regulatory Operations, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2021-18148 Filed 8-23-21; 8:45 am]
BILLING CODE 4910-13-P


Comment Info: =================

General Comment:Dear Mr. Zeller:

I am writing as an individual consumer to request an extension of the comment period for the Food and Drug Administration's ("FDA") Proposed Rule Deeming Tobacco Products to be Subject to the Federal Food, Drug, and Cosmetic Act, as amended by the Family Smoking and Prevention and Tobacco Control Act (the "Proposed Rule") published at 79 Fed. Reg. 23,142 and Federal Register No. 2014-09491. On behalf of myself, I am requesting that the comment period for the Proposed Rule be extended by the FDA for an additional 105 days, from its current 75-day period, to 180 days.

The Proposed Rule raises a number of significant issues and questions that are important and relevant to me, as a consumer of products that are proposed for regulation under the Proposed Rule. The Proposed Rule asks about a hundred different questions I might want to respond to. My wife and I want to provide our thoughts and comments on many of these issues, but my time to devote to researching and providing thoughtful comments on these important questions is limited. We have already spent many hours researching and dissecting these issues, but they take time. I know that the FDA took many years to even come up with the Proposed Rule, so I do not think it is at all unreasonable to allow the public a mere six months to comment on it. This is our only opportunity, as consumers, to provide our feedback.

My wife and I feel very strongly about e-cigarettes as an alternative to combustible cigarettes. Quite simply, we firmly believe that they saved our lives. We wish to provide you with my personal story, as well as science- and evidence-based responses to your questions so that you can take our comment into account. I realize that the FDA has the authority under 21 CFR 10.40 to extend this time frame and that the FDA has exercised this authority on numerous occasions in the past. I would therefore ask that you do so here, so that all stakeholders have the opportunity to provide their comments on this proposed regulation.

We appreciate your consideration of our request and am happy to discuss this issue with you further.


PAPERWORK REDUCTION ACT SUBMISSION Please read the instructions before completing this form. For additional forms or assistance in completing this form, contact your agency's Paperwork Clearance Officer. Send two copies of this form, the collection instrument to be reviewed, the Supporting Statement and any additional documentation to: Office of Information and Regulatory Affairs, Office of Management and Budget, Docket Library, Room 10102, 725 17th Street NW Washington, DC 20503.

1. Agency/ Subagency originating request Environmental Protection Agency/ Office of Air and Radiation 2. OMB control number b. G None 2060 0095 __ __ __ __

3. Type of information collection ( check one) a. G New collection b. G Revision of a currently approved collection c. X Extension of a currently approved collection d. G Reinstatement, without change, of a previously approved collection for which approval has expired e. G Reinstatement, with change, of a previously approved collection for which approval has expired f. G Existing collection in use without an OMB control number 4. Type of review requested ( check one) a. X Regular b. G Emergency  Approval requested by: / / c. G Delegated 5. Small entities Will this information collection have a significant economic impact on a substantial number of small entities? G Yes X No For b f, note item A2 of Supporting Statement Instructions 6. Requested expiration date a. X Three years from approval date b. G Other Specify: / /___

7. Title Importation Requirements for Importation of Nonconforming Vehicles 8. Agency form number( s) ( If applicable) 0010.09 9. Keywords Motor Vehicle Pollution, Air Pollution Control, Clean Air Act 10. Abstract The information allows determination whether imported vehicles and engines conform with or are brought into conformity with the Clean Air Act and regulations. Information will be supplied by vehicle or engine importers upon importation or final admission as applicable.

11. Affected public ( Mark primary with " P" and all others that apply with " X") a. P Individuals or households d. Farms b. X Business or other for profit e. Federal Government c. Not for profit institutions f. State, Local or Tribal Government 12. Obligation to respond ( Mark primary with " P" and all others that apply with " X") a. G Voluntary b. G Required to obtain or retain benefits c. P Mandatory 13. Annual reporting and recordkeeping hour burden a. Number of respondents 13,000 b. Total annual responses 21,200 1. Percentage of these responses collected electronically 0 % c. Total annual hours requested 14,400 d. Current OMB inventory 9,705 e. Difference 4,695 f. Explanation of difference 1. Program Change 2. Adjustment 4,695 14. Annual reporting and recordkeeping cost burden ( in thousands of dollars)

a. Total annualized capital/ startup costs 0 b. Total annual costs ( O& M) 1,296 c. Total annualized cost requested 1,296 d. Current OMB inventory 862 e. Difference 434 f. Explanation of difference 1. Program change 2. Adjustment 434 15. Purpose of information collection ( Mark Primary With " P" and all others that apply with " X") a. X Application for benefits e. __ Program planning or management b. __ Program evaluation f. __ Research c. __ General purpose statistics g. P Regulatory or compliance d. __ Audit 16. Frequency of recordkeeping or reporting ( check all that apply) a. X Recordkeeping b. Q Third party disclosure c. X Reporting 1. Q On occasion 2. Q Weekly 3. Q Monthly 4. Q Quarterly 5. Q Semi annually 6. Q Annually 7. Q Biennually 8. X Other ( describe) upon importation 17. Statistical methods Does this information collection employ statistical methods?

Q Yes X No 18. Agency contact ( person who can best answer questions regarding the content of this submission) Name: Leonard Lazarus Phone: ( 202) 564 9281 OMB 83 I 10/ 95