[Federal Register: January 6, 2009 (Volume 74, Number 3)]
[Notices]
[Page 490-492]
[DOCID:fr06ja09-84]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-59173; File No. SR-NYSEArca-2008-125]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
of Amendment No. 1 and Order Granting Accelerated Approval of a
Proposed Rule Change, as Modified by Amendment No. 1 Thereto, Relating
to the Listing of Units of the United States Short Oil Fund

December 29, 2008.
    On November 18, 2008, NYSE Arca, Inc. (``NYSE Arca'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to list and trade units (``Units'') of the United
States Short Oil Fund, LP (``USSO'' or ``Partnership''). The proposed
rule change was published in the Federal Register on December 1, 2008
for a 15-day comment period.\3\ The Commission received no comments on
the proposal. On December 29, 2008, the Exchange filed Amendment No. 1
to the proposed rule change.\4\ This order provides notice of the
filing of Amendment No. 1 and approves the proposed rule change, as
modified by Amendment No. 1 thereto, on an accelerated basis.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Securities Exchange Act Release No. 58994 (November 21,
2008), 73 FR 72892 (``Notice'').
    \4\ In Amendment No. 1, NYSE Arca: (1) Represented that the
Units satisfy the requirements of NYSE Arca Equities Rule 8.300 and
thereby qualify for listing on the Exchange; (2) designated the
Futures Contracts (as defined herein) as the sole underlying
benchmark investment, commodity, or asset for purposes of NYSE Arca
Equities Rule 8.300(d)(2)(ii); and (3) clarified that price
information for the Futures Contracts is calculated or available on
at least a 15-second delayed basis.
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I. Description of the Proposal

    NYSE Arca, through its wholly owned subsidiary, NYSE Arca Equities,
Inc. (``NYSE Arca Equities''), proposes to list and trade the Units of
USSO pursuant to NYSE Arca Equities Rule 8.300, which governs the
trading of Partnership Units.\5\ USSO, a Delaware limited partnership,
is managed and controlled by United States Commodity Funds LLC
(``General Partner''), a single member limited liability company that
is (1) registered as a commodity pool operator with the Commodity
Futures Trading Commission (``CFTC'') and (2) a member of the National
Futures Association. The General Partner is not affiliated with a
broker-dealer. USSO will comply with the requirements of Rule 10A-3
under the Act \6\ as it applies to limited partnerships.
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    \5\ USSO has filed with the Commission Amendment No. 1 to Form
S-1, dated September 29, 2008 (File No. 333-152386) (``Registration
Statement'').
    \6\ 17 CFR 240.10A-3.
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    The investment objective of USSO is to have the changes in
percentage terms of the Units' net asset value (``NAV'') inversely
reflect the changes in percentage terms of the spot price of light,
sweet crude oil delivered to Cushing, Oklahoma, as measured by the
changes in the price of the futures contract on light, sweet crude oil
as traded on the New York Mercantile Exchange (``NYMEX''). The futures
contract employed is the near month expiration contract, except when
the near month contract is within two weeks of expiration, in which
case the futures contract will be the next month contract to expire
(``Benchmark Futures Contract''), less USSO's expenses.\7\ In pursuing
this objective, the primary focus of the General Partner will be taking
short positions in futures contracts \8\ and the management of
investments in short-term obligations of the United States of two years
or less (``Treasuries''), and cash and/or cash equivalents for
margining purposes and as collateral.
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    \7\ The Benchmark Futures Contract will be changed or ``rolled''
from the near month contract to expire to the next month contract to
expire during one day.
    \8\ The net assets of USSO will consist primarily of short
positions in futures contracts for crude oil, heating oil, gasoline,
natural gas, and other petroleum-based fuels that are traded on
NYMEX, ICE Futures, or other U.S. and foreign exchanges
(collectively, ``Futures Contracts''). USSO may also take short
positions in other crude oil-related investments such as cash-
settled options on Futures Contracts, forward contracts for crude
oil, and over-the-counter transactions that are based on the price
of crude oil and other petroleum-based fuels, Futures Contracts, and
indices based on the foregoing (collectively, ``Other Crude Oil-
Related Investments'').
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    Additional information about USSO, including its investing strategy
and holdings, Basket Amount calculation, creations and redemptions of
Units, dissemination and availability of information, trading rules,
trading halts, surveillance, and information bulletin, among other
things, is contained in the Notice and the Registration Statement.\9\
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    \9\ See supra notes 3 and 5. Terms referred to, but not defined
herein, have the same meaning set forth in the Notice.
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II. Discussion and Commission Findings

    The Commission has carefully reviewed the proposed rule change and
finds that it is consistent with the requirements of Section 6 of the
Act \10\ and the rules and regulations thereunder applicable to a
national securities exchange.\11\ In particular, the Commission finds
that the proposal is consistent with Section 6(b)(5) of the Act,\12\
which requires, among other things, that the Exchange's rules be
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in facilitating transactions in
securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system, and, in general, to
protect investors and the public interest.
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    \10\ 15 U.S.C. 78f.
    \11\ In approving this proposed rule change the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
    \12\ 15 U.S.C. 78f(b)(5).
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    The Exchange proposes to list and trade the Units pursuant to NYSE
Arca Equities Rule 8.300. NYSE Arca represents that the Units satisfy
the applicable requirements of Rule 8.300, which includes initial and
continued listing criteria.\13\
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    \13\ See supra note 4.
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    The Commission believes that the proposal to list and trade the
Units on the Exchange is consistent with Section 11A(a)(1)(C)(iii) of
the Act,\14\ which sets forth Congress' finding that it is in the
public interest and appropriate for the protection of investors and the
maintenance of fair and orderly markets to assure the availability to
brokers, dealers, and investors of information with respect to
quotations for and transactions in securities. Quotation and last-sale
information regarding the Units will be disseminated through the
facilities of the CTA. The value of the underlying benchmark
investment, commodity, or asset of the Units (the price information for
applicable Futures Contracts) will be calculated and available on a
real-time basis at least every 15 seconds between 10 a.m. and 2:30 p.m.
Eastern Time (``ET''), the normal NYMEX trading hours for the Futures
Contracts.\15\
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    \14\ 15 U.S.C. 78k-1(a)(1)(C)(iii).
    \15\ See supra note 4.
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    In addition, USSO's total portfolio composition will be disclosed
each business day that the NYSE Arca is open for trading on USSO's Web
site, which is publicly accessible at no charge. This disclosure will
include, as applicable, the name and value of each Crude Oil Interest,
the specific types of Other Crude Oil-Related Investments and
characteristics of such Other Crude Oil-Related Investments,
Treasuries, and the amount of cash and cash equivalents

held in USSO's portfolio. NYSE Arca will calculate and disseminate
through the facilities of CTA/CQ High Speed Lines an IPV, on a per Unit
basis, updated every 15 seconds between 10 a.m. and 2:30 p.m. ET.\16\
Additionally, the IPV will be published on the NYSE Arca's Web site and
will be available through on-line information services such as
Bloomberg and Reuters.
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    \16\ See Notice supra note 3, 73 FR at 72896, n.16, and
accompanying text.\
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    Lastly, the Administrator will calculate NAV once each trading day
and the NAV for a particular trading day will be released after 4 p.m.
ET. The Administrator will calculate NAV as of the earlier of the close
of the New York Stock Exchange or 4 p.m. ET. USSO will use the NYMEX
closing price (determined at the earlier of the close of that Exchange
or 2:30 p.m. ET) for the contracts held on NYMEX, but will calculate or
determine the value of all other USSO investments as of the earlier of
the close of the NYSE Arca Core Trading Session or 4 p.m. ET.
    The Commission also believes that the proposal to list and trade
the Units is reasonably designed to promote fair disclosure of
information that may be necessary to price the Units appropriately and
to prevent trading when a reasonable degree of transparency cannot be
assured. NYSE Arca Equities Rule 8.300(d)(2)(ii) provides that NYSE
Arca Equities will consider removing from listing Partnership Units if
the value of the underlying benchmark investment, commodity or asset is
no longer calculated or available on at a least a 15-second delayed
basis or NYSE Arca Equities stops providing a hyperlink on its Web site
to any such investment, commodity or asset value. In addition, if the
value of the underlying benchmark investment, commodity or asset or IPV
applicable to the Units is not being disseminated as required, the
Exchange may halt trading in the Units during the day on which the
interruption first occurs. If such interruption persists past the
trading day in which it occurred, the Exchange will halt trading no
later than the beginning of the trading day following the interruption.
Under NYSE Arca Equities Rule 7.34(a)(5), if the Exchange becomes aware
that the NAV for the Units is not being disseminated to all market
participants at the same time, it will halt trading in the Units on the
Exchange until such time as the NAV is available to all market
participants. Further, if the portfolio composition applicable to the
Units (disseminated via USSO's Web site) is not disseminated to all
market participants at the same time, the Exchange will halt trading in
the affected Units. Moreover, NYSE Arca Equities Rule 8.300(e) limits
certain dealings and trading activity of ETP Holders acting as
registered Market Makers in Units, prescribes various recordkeeping and
disclosure requirements for ETP Holders, and prohibits the use of any
material non-public information regarding trading in the underlying
physical asset or commodity, futures or options on futures, or any
other related derivatives.
    The Commission further believes that the trading rules and
procedures to which the Units will be subject pursuant to this proposal
are consistent with the Act. The Exchange has represented that the
Units are equity securities subject to NYSE Arca's rules governing the
trading of equity securities.
    In support of this proposal, the Exchange has made the following
representations:
    1. The Units satisfy the requirements of NYSE Arca Equities Rule
8.300, which includes the initial and continued listing criteria for
Partnership Units.\17\
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    \17\ See supra note 4.
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    2. The Exchange's surveillance procedures are adequate to properly
monitor trading of the Units in all trading sessions and to deter and
detect violations of Exchange rules and applicable federal securities
laws.
    3. The Exchange will distribute an Information Bulletin, the
contents of which are more fully described in the Notice, to ETP
Holders in connection with the trading of the Units.
    4. USSO will comply with the requirements of Rule 10A-3 under the
Act \18\ as it applies to limited partnerships.
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    \18\ 17 CFR 240.10A-3.

This order is based on the Exchange's representations.
    The Commission finds good cause, pursuant to Section 19(b)(2) of
the Act,\19\ for approving the proposed rule change, as modified by
Amendment No. 1 thereto, prior to the 30th day after the date of
publication of notice in the Federal Register. The Commission notes
that it has previously approved the listing and trading, or trading
pursuant to unlisted trading privileges (``UTP''), of Partnership Units
that are similar to the Units.\20\ The Commission also notes that it
has previously approved the listing and trading of certain funds that
are based on underlying commodity or currency benchmarks that seek
daily investment results, before fees and expenses, that correspond to
twice (200%) the daily performance of the underlying benchmark or twice
the inverse (-200%) of the daily performance of the underlying
benchmark.\21\ No comments were received on the proposed rule change
during the 15-day comment period, and the Commission believes that the
Exchange's proposal to list and trade the Units, as modified by
Amendment No. 1 thereto, does not present any novel or significant
regulatory issues. As such, the Commission believes that accelerating
approval of this proposal should benefit investors by creating, without
undue delay, additional competition in the market for such products.
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    \19\ 15 U.S.C. 78s(b)(2).
    \20\ See, e.g., Securities Exchange Act Release Nos. 53582
(March 31, 2006), 71 FR 17510 (April 6, 2006) (SR-Amex-2005-127)
(approving the listing of units of the United States Oil Fund, LP);
56831 (November 21, 2007), 72 FR 67612 (November 29, 2007) (SR-Amex-
2007-98) (approving the listing of units of the United States 12
Month Oil Fund, LP and United States 12 Month Natural Gas Fund, LP);
55632 (April 13, 2007), 72 FR 19987 (April 20, 2007) (SR-Amex-2006-
112) (approving the listing of units of the United States Natural
Gas Fund, LP); and 57188 (January 23, 2008), 73 FR 5607 (January 30,
2008) (SR-Amex-2007-70) (approving the listing of units of the
United States Heating Oil Fund, LP and United States Gasoline Fund,
LP). See also, e.g., Securities Exchange Act Release Nos. 56832
(November 21, 2007), 72 FR 67328 (November 28, 2007) (SR-NYSEArca-
2007-102) (approving the trading of units of the United States 12
Month Oil Fund, LP and United States 12 Month Natural Gas Fund, LP
pursuant to UTP); 56042 (July 11, 2007), 72 FR 39118 (July 17, 2007)
(SR-NYSEArca-2007-45) (approving the trading of units of the United
States Natural Gas Fund, LP pursuant to UTP); and 57294 (February 8,
2008), 73 FR 8917 (February 15, 2008) (SR-NYSEArca-2007-78)
(approving the trading of units of the United States Heating Oil
Fund, LP and United States Gasoline Fund, LP pursuant to UTP).
    \21\ See, e.g., Securities Exchange Act Release Nos. 58161 (July
15, 2008), 73 FR 42380 (July 21, 2008) (SR-Amex-2008-39) (approving
the listing of shares of the ProShares Ultra DJ-AIG Commodity,
ProShares UltraShort DJ-AIG Commodity, ProShares Ultra DJ-AIG
Agriculture, ProShares UltraShort DJ-AIG Agriculture, ProShares
Ultra DJ-AIG Crude Oil, ProShares UltraShort DJAIG Crude Oil,
ProShares Ultra Gold, ProShares UltraShort Gold, ProShares Ultra
Silver, ProShares UltraShort Silver, ProShares Ultra Euro, ProShares
UltraShort Euro, ProShares Ultra Yen, and ProShares UltraShort Yen
Funds (collectively, the ``Funds'')); and 58457 (September 3, 2008),
73 FR 52711 (September 10, 2008) (SR-NYSEArca-2008-91) (approving
the listing of shares of the Funds on the Exchange).
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III. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning Amendment No. 1 to the proposed rule change,
including whether Amendment No. 1 is consistent with the Act. Comments
may be submitted by any of the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2008-125 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2008-125. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/
rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room, 100 F Street,
NE., Washington, DC 20549, on official business days between the hours
of 10 a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSEArca-2008-125 and should
be submitted on or before January 26, 2009.

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\22\ that the proposed rule change (SR-NYSEArca-2008-125), as
modified by Amendment No. 1 thereto, be, and it hereby is, approved on
an accelerated basis.
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    \22\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\23\
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    \23\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-31352 Filed 1-5-09; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 189 (Friday, September 30, 2022)]
[Notices]
[Pages 59441-59443]
[FR Doc No: 2022-21304]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2011-N-0655]

Animal Generic Drug User Fee Act; Public Meeting; Request for
Comments

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of public meeting; request for comments.

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SUMMARY: The Food and Drug Administration (FDA, the Agency, or we) is
announcing the following public meeting entitled ``Animal Generic Drug
User Fee Act.'' The purpose of the meeting is to discuss the proposed
recommendations for the reauthorization of the Animal Generic Drug User
Fee Act (AGDUFA IV) for fiscal years 2024 through 2028.

DATES: The public meeting will be held virtually on October 26, 2022,
from 2 p.m. to 4 p.m. eastern time. Either electronic or written
comments on this meeting must be submitted by November 9, 2022. See the
SUPPLEMENTARY INFORMATION section for registration dates and further
information.

ADDRESSES: The public meeting will be hosted via a live virtual
webcast.
    You may submit comments as follows. Please note that late, untimely
filed comments will not be considered. The https://www.regulations.gov
electronic filing system will accept comments until 11:59 p.m. eastern
time at the end of Wednesday, November 9, 2022. Comments received by
mail/hand delivery/courier (for written/paper submissions) will be
considered timely if they are received on or before that date.

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2011-N-0655 for ``Animal Generic Drug User Fee Act; Public Meeting;
Request for Comments.'' Received comments, those filed in a timely
manner (see ADDRESSES), will be placed in the docket and, except for
those submitted as ``Confidential Submissions,'' publicly viewable at
https://www.regulations.gov or at the Dockets Management Staff between
9 a.m. and 4 p.m., Monday through Friday,<PHONE_NUMBER>.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852,<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Lisa Kable, Center for Veterinary
Medicine, Food and Drug Administration, 7500 Standish Pl., Rockville,
MD 20855,<PHONE_NUMBER>, [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing a virtual public meeting to discuss proposed
recommendations for the reauthorization of AGDUFA, which authorizes FDA
to collect user fees and use them for the process of reviewing new
animal generic drug applications

and associated submissions. The authority for AGDUFA expires September
30, 2023. Without new legislation, FDA will no longer have the
authority to collect user fees to fund the new animal generic drug
review process for future fiscal years. Section 742(d)(4) of the
Federal Food, Drug, and Cosmetic Act (FD&C Act) (21 U.S.C. 379j-
13(d)(4)) requires that, after holding negotiations with regulated
industry and periodic consultations with stakeholders, and before
transmitting the Agency's final recommendation to Congress for the
reauthorized program (AGDUFA IV), we do the following: (1) present the
recommendation to the relevant congressional committees, (2) publish
such recommendations in the Federal Register, (3) provide for a period
of 30 days for the public to provide written comments on such
recommendations, (4) hold a meeting at which the public may present its
views on such recommendations, and (5) consider such public views and
comments and revise such recommendations as necessary. This notice, the
30-day comment period, and the public meeting will satisfy certain of
these requirements. After the public meeting, we will revise the draft
recommendations as necessary. In addition, the Agency will present the
draft recommendations to the congressional committees.
    FDA considers the timely review of abbreviated new animal drug
applications (ANADAs) to be central to the Agency's mission to protect
and promote human and animal health. Prior to 2009, the timeliness and
predictability of the generic new animal drug review program was a
concern. The Animal Generic Drug User Fee Act enacted in 2008 (Pub. L.
110-316; hereinafter referred to as ``AGDUFA I'') amended the FD&C Act
to authorize FDA's first-ever generic animal drug user fee program.
AGDUFA I provided FDA with additional funds to enhance the performance
and predictability of the generic new animal drug review process.
Furthermore, the authorization of AGDUFA I enabled FDA's continued
assurance that generic new animal drug products are safe and effective.
    Under AGDUFA I, FDA agreed to meet review performance goals for
certain submissions over 5 years from FY 2009 through FY 2013. The
purpose of establishing these review performance goals was to ensure
the timely review of ANADAs and reactivations, supplemental ANADAs, and
generic investigational new animal drug (JINAD) submissions and have
enabled FDA to reduce the time for the application review process for
generic new animal drugs without compromising the quality of the
Agency's review.
    With the reauthorization of AGDUFA for an additional 5 years under
AGDUFA II (FY 2014 to FY 2018), FDA agreed to further enhance and
improve the review process. The AGDUFA II authorization enhancements
included developing Question Based Review Process for Bioequivalence
Submissions and shortening review time for key submission types.
Additionally, there were Chemistry, Manufacturing, and Controls (CMC)
enhancements, including permitting manufacturing supplements to be
resubmitted as ``Supplement-Changes Being Effected in 30 Days'' if
deficiencies are not substantial for manufacturing supplements
requiring prior approval according to Sec.  514.8(b) (21 CFR 514.8(b));
permitting comparability protocols as described in Sec.  514.8(b)(2)(v)
to be submitted as protocols without substantial data in a JINAD file;
and developing guidance for a two-phased CMC technical section
submission and review process under the JINAD file. Finally, the
proportion of revenue collected from user fees was redistributed as
follows: application fees from 30 percent to 25 percent; product fees
from 35 percent to 37.5 percent; and sponsor fees from 35 percent to
37.5 percent.
    Most recently, AGDUFA was reauthorized for an additional 5 years
under AGDUFA III (FY 2019 to FY 2023). The AGDUFA III authorization
enhancements included reducing performance goal review times for nearly
all submission types, requiring 100 percent electronic submission and
requiring an ``approved by FDA'' statement along with an ANADA number
on approved animal drugs by September 30, 2023. Additionally, the
inflation adjuster was changed from a fixed rate to a variable rate and
the final year offset provision was eliminated. Finally, a new
provision was added that any excess collections would be used to offset
workload adjuster fee increases, if invoked.
    FDA has published a number of reports that provide useful
background on AGDUFA I, AGDUFA II, and AGDUFA III. AGDUFA-related
Federal Register notices, guidances, legislation, performance reports,
and financial reports can be found at: https://www.fda.gov/industry/fda-user-fee-programs/animal-generic-drug-user-fee-act-agdufa.

II. Topics for Discussion at the Public Meeting

    In preparing the proposed recommendation to Congress for AGDUFA
reauthorization, we conducted discussions with the regulated industry,
and consulted with stakeholders as required by the law. We began the
AGDUFA reauthorization process with a public meeting held on May 20,
2021 (86 FR 18986, April 12, 2021). Following the May 2021 public
meeting, FDA conducted negotiations with regulated industry and
continued regular consultations with public stakeholders from July
through October 2021. As directed by Congress, FDA posted minutes of
these discussions on its website at https://www.fda.gov/industry/animal-generic-drug-user-fee-act-agdufa/agdufa-meetings.
    The proposed enhancements in AGDUFA IV will address priorities
identified by stakeholders, regulated industry, and FDA. The full
description of these proposed recommendations can be found in the
proposed AGDUFA IV Performance Goals and Procedures Letter. FDA intends
to post the full text of the proposed AGDUFA IV Performance Goals and
Procedures Letter at https://www.fda.gov/industry/animal-generic-drug-user-fee-act-agdufa/agdufa-meetings, no later than one week prior to
the public meeting. FDA will post the agenda approximately 5 days
before the meeting at https://www.fda.gov/industry/animal-generic-drug-user-fee-act-agdufa/agdufa-meetings.

III. Participating in the Public Meeting

    Registration: Persons interested in attending this public meeting
must register online at https://fda.zoomgov.com/meeting/register/vJItcuCtqD4pGPe2DNgbbQZYaRswsTm9iRM no later than October 24, 2022.
Please provide complete contact information for each attendee,
including name, title, affiliation, address, email, and telephone.
Also, please self-identify as a member of one of the following
stakeholder categories: scientific or academic experts, veterinary
professionals, patients and consumer advocacy groups, or the regulated
industry, and whether you are requesting a scheduled presentation.
Early registration is recommended. Registrants will receive
confirmation when their registration has been received and will be
provided the webcast link.
    If you need special accommodations due to a disability, please
contact Lisa Kable (see FOR FURTHER INFORMATION CONTACT) no later than
October 20, 2022.

    Requests for Oral Presentations: During online registration you may
indicate if you wish to present during the public comment session, and
which topic(s) you wish to address. We will do our best to accommodate
requests to make public comments. Individuals and organizations with
common interests are urged to consolidate or coordinate their
presentations, and request time for a joint presentation, or submit
requests for designated representatives to participate. We will
determine the amount of time allotted to each presenter and the
approximate time each oral presentation is to begin, and we will notify
participants by October 24, 2022. All requests to make oral
presentations must be received by October 20, 2022, 11:59 p.m. eastern
time. If selected for presentation, any presentation materials must be
emailed to Lisa Kable (see FOR FURTHER INFORMATION CONTACT) no later
than October 24, 2022. No commercial or promotional material will be
permitted to be presented at the public meeting.
    Transcripts: Please be advised that as soon as a transcript of the
public meeting is available, it will be accessible at https://www.regulations.gov. It may be viewed at the Dockets Management Staff
(see ADDRESSES). A link to the transcript will also be available on the
internet at https://www.fda.gov/industry/animal-generic-drug-user-fee-act-agdufa/agdufa-meetings.

    Dated: September 23, 2022.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2022-21304 Filed 9-29-22; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 82, Number 236 (Monday, December 11, 2017)]
[Proposed Rules]
[Pages 58154-58156]
[FR Doc No: 2017-26084]

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

40 CFR Part 82

[EPA-HQ-OAR-2017-0472; FRL-9968-23-OAR]
RIN 2060-AT53

Protection of Stratospheric Ozone: Revision to References for
Refrigeration and Air Conditioning Sector To Incorporate Latest Edition
of Certain Industry, Consensus-Based Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The U.S. Environmental Protection Agency (EPA) is proposing to
modify the use conditions required for use of three flammable
refrigerants, isobutane (R-600a), propane (R-290), and R-441A, in new
household refrigerators, freezers, and combination refrigerators and
freezers under the Significant New Alternatives Policy (SNAP) program.
The use conditions, which address safe use of flammable refrigerants,
would reflect the incorporation by reference of an updated standard
from Underwriters Laboratories. In the ``Rules and Regulations''
section of this Federal Register, we are modifying these use conditions
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 on or before January 25, 2018.
Any party requesting a public hearing must notify the contact listed
below under FOR FURTHER INFORMATION CONTACT by December 18, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2017-0472, to the Federal eRulemaking Portal: https://www.regulations.gov. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or withdrawn. EPA
may publish any comment received to its public docket. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Multimedia submissions (audio, video, etc.) must be
accompanied by a written comment. The written comment is considered the
official comment and should include discussion of all points you wish
to make. EPA will generally not consider comments or comment contents
located outside of the primary submission (i.e., on the Web, cloud, or
other file sharing system). For additional submission methods, the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Chenise Farquharson, Stratospheric
Protection Division, Office of Atmospheric Programs (Mail Code 6205T),
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460; telephone number:<PHONE_NUMBER>; email address:
[email protected]. Notices and rulemakings under EPA's
Significant New Alternatives Policy program are available on EPA's
Stratospheric Ozone Web site at https://www.epa.gov/snap/snap-regulations.

SUPPLEMENTARY INFORMATION:

I. What is EPA proposing?

    This action proposes to revise the use conditions for three
flammable hydrocarbon refrigerants, isobutane (R-600a), propane (R-
290), and R-441A, used in new household refrigerators, freezers, and
combination refrigerators

and freezers under EPA's Significant New Alternatives Policy (SNAP)
program. This action would replace four of the five use conditions in
our previous hydrocarbon refrigerants rules (76 FR 78832, December 20,
2011; 80 FR 19454, April 10, 2015) with the updated Underwriters
Laboratories (UL) Standard 60335-2-24 (2nd edition, April 28, 2017),
``Household and Similar Electrical Appliances--Safety--Part 2-24:
Particular Requirements for Refrigerating Appliances, Ice-Cream
Appliances and Ice-Makers.'' UL Standard 60335-2-24 supersedes the
current edition of UL Standard 250 (10th edition, August 25, 2000),
``Household Refrigerators and Freezers,'' which EPA previously
incorporated by reference in the use conditions of the acceptability
listings for these three refrigerants (76 FR 78832, December 20, 2011;
80 FR 19454, April 10, 2015). The use conditions would include a charge
limit of 150 grams (5.29 ounces) for each separate refrigerant circuit
in a refrigerator or freezer, consistent with UL Standard 60335-2-24.
The use conditions that would be replaced are reflected in the
provisions of UL Standard 60335-2-24 and would be redundant of the
standard. Elsewhere in this Federal Register, EPA is taking this action
as a direct final rule without prior proposal because EPA views this as
a noncontroversial revision and anticipates no adverse comments. This
action does not place any significant burden on the regulated community
and ensures consistency with industry standards. 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 based on this proposed
rule.
    We will not institute a second comment period on this action. Any
parties interested in commenting on this action should do so at this
time. For further information, please see the information provided in
the ADDRESSES section of this document.
    If requested by the date specified in the DATES section of this
notice, EPA will hold a public hearing to accept oral testimony on this
proposal on or before December 26, 2017 in Washington, DC. EPA will
post all information regarding any public hearing on this proposed
action, including whether a hearing will be held, its location, date,
and time, if applicable, and any updates online at https://www.epa.gov/snap. In addition, you may contact Ms. Chenise Farquharson at (202)
564-7768 or by email at [email protected] with public hearing
requests and inquiries. EPA does not intend to publish any future
notices in the Federal Register regarding a public hearing on this
proposed rule and directs all inquiries regarding a hearing to the Web
site and contact person identified above.

II. Does this action apply to me?

    This notice of proposed rulemaking would regulate the use of three
flammable hydrocarbon refrigerants, isobutane (R-600a), propane (R-
290), and the hydrocarbon blend R-441A, in new household refrigerators,
freezers, and combination refrigerators and freezers. Table 1
identifies industry subsectors that might want to explore the use of
these flammable refrigerants in this end-use or that might work with
equipment using these refrigerants in the future. Regulated entities
may include:

  Table 1--Potentially Regulated Entities by North American Industrial
                   Classification System (NAICS) Code
------------------------------------------------------------------------
                                                        Description of
              Category                  NAICS code    regulated entities
------------------------------------------------------------------------
Industry............................          333415  Manufacturers of
                                                       Refrigerators,
                                                       Freezers, and
                                                       Other
                                                       Refrigerating or
                                                       Freezing
                                                       Equipment,
                                                       Electric or Other
                                                       (NESOI); Heat
                                                       Pumps Not
                                                       Elsewhere
                                                       Specified or
                                                       Included; and
                                                       Parts Thereof.
Industry............................          335222  Household
                                                       Refrigerator and
                                                       Home Freezer
                                                       Manufacturing.
Industry............................          811412  Appliance Repair
                                                       and Maintenance.
------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. This table lists the types of entities that EPA is now aware
could potentially be regulated by this action. Other types of entities
not listed in the table could also be regulated. To determine whether
your entity is regulated by this action, you should carefully examine
the applicability criteria found in 40 CFR part 82. If you have
questions regarding the applicability of this action to a particular
entity, consult the person listed in the FOR FURTHER INFORMATION
CONTACT section.

III. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.

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 and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.

B. Executive Order 13771: Reducing Regulation and Controlling
Regulatory Costs

    This action is not expected to be an Executive Order 13771
regulatory action because this action is not significant under
Executive Order 12866.

C. Paperwork Reduction Act (PRA)

    This action does not impose any new information collection burden
under the PRA. OMB has previously approved the information collection
requirements contained in the existing regulations and has assigned OMB
control number 2060-0226. This rule contains no new requirements for
reporting or recordkeeping.

D. Regulatory Flexibility Act

    I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. In
making this determination, the impact of concern is any significant
adverse economic impact on small entities. 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, has no
net burden or otherwise has a positive economic effect on the small
entities subject to the rule.
    The use conditions of this rule would apply to manufacturers of new
household refrigerators and freezers, that choose to use flammable
refrigerants. This action would allow equipment manufacturers to use
flammable refrigerants at a higher charge size than previously allowed
in

new household refrigerators and freezers but does not mandate such use;
the change to the use conditions allows more flexibility for
manufacturers in the design of equipment and thus reduces regulatory
burden to the regulated community. In some cases, it may reduce costs
by allowing manufacturers to design equipment with a single, larger
refrigerant circuit instead of multiple, smaller refrigerant circuits
for the same piece of equipment.

E. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. The action imposes no enforceable duty on any state,
local or tribal governments or the private sector.

F. 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.

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

    This action does not have tribal implications as specified in
Executive Order 13175. It will not have substantial direct effects on
tribal governments, on the relationship between the Federal government
and Indian tribes, or on the distribution of power and responsibilities
between the Federal government and Indian tribes, as specified in
Executive Order 13175. Thus, Executive Order 13175 does not apply to
this action.

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

    This action is not subject to Executive Order 13045 because it is
not economically significant as defined in Executive Order 12866, and
because EPA does not believe the environmental health or safety risks
addressed by this action present a disproportionate risk to children.
This action's health and risk assessments are contained in risk screens
for the various substitutes.\1 2 3\ The risk screens are available in
the docket for this rulemaking.
---------------------------------------------------------------------------

    \1\ ICF, 2017a. Risk Screen on Substitutes in Household
Refrigerators and Freezers; Substitute: Propane (R-290).
    \2\ ICF, 2017b. Risk Screen on Substitutes in Household
Refrigerators and Freezers; Substitute: Isobutane (R-600a).
    \3\ ICF, 2017c. Risk Screen on Substitutes in Household
Refrigerators and Freezers; Substitute: R-441A.
---------------------------------------------------------------------------

I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

    This action is not a ``significant energy action'' because it is
not likely to have a significant adverse effect on the supply,
distribution or use of energy.

J. National Technology Transfer and Advancement Act (NTTAA) and 1 CFR
Part 51

    This action involves a technical standard. EPA is proposing to
revise the use conditions for the household refrigerators and freezers
end-use by incorporating by reference the UL Standard 60335-2-24,
``Safety Requirements for Household and Similar Electrical Appliances,
Part 2: Particular Requirements for Refrigerating Appliances, Ice-Cream
Appliances and Ice-Makers'' (2nd edition, April 2017), which
establishes requirements for the evaluation of household and similar
electrical appliances, and safe use of flammable refrigerants. UL
Standard 60335-2-24 supersedes the current edition of UL Standard 250,
Supplement A, ``Requirements for Refrigerators and Freezers Employing a
Flammable Refrigerant in the Refrigerating System'' (10th Edition,
August 2000. EPA's revision to the use conditions will replace the 2000
UL standard 250 with the 2017 UL standard 60335-2-24. This standard is
available at https://standardscatalog.ul.com/standards/en/standard_60335-2-24_2, and may be purchased by mail at: COMM 2000, 151
Eastern Avenue, Bensenville, IL 60106; Email:
[email protected]; Telephone: 1-888-853-3503 in the U.S. or
Canada (other countries dial 1-415-352-2178); Internet address: http://www.shopulstandards.com/ProductDetail.aspx?productId=UL60335-2-24_2_B_20170428(ULStandards2). The cost of UL 60335-2-24 is $454 for an
electronic copy and $567 for hardcopy. UL also offers a subscription
service to the Standards Certification Customer Library (SCCL) that
allows unlimited access to their standards and related documents. The
cost of obtaining this standard is not a significant financial burden
for equipment manufacturers and purchase is not required for those
selling, installing and servicing the equipment. Therefore, EPA
concludes that the UL standard being incorporated by reference is
reasonably available.

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

    The human health or environmental risk addressed by this action
will not have potential disproportionately high and adverse human
health or environmental effects on minority, low-income or indigenous
populations. This action's health and environmental risk assessments
are contained in the risk screens for the various substitutes. The risk
screens are available in the docket for this rulemaking.

List of Subjects in 40 CFR Part 82

    Environmental protection, Administrative practice and procedure,
Air pollution control, Incorporation by reference, Recycling, Reporting
and recordkeeping requirements, Stratospheric ozone layer.

    Dated: November 20, 2017.
E. Scott Pruitt,
Administrator.
[FR Doc. 2017-26084 Filed 12-8-17; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 100 (Wednesday, May 24, 2023)]
[Notices]
[Pages 33632-33633]
[FR Doc No: 2023-11095]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2023-0002; Internal Agency Docket No. FEMA-B-2337]

Proposed Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, Department of Homeland
Security.

ACTION: Notice.

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

SUMMARY: Comments are requested on proposed flood hazard
determinations, which may include additions or modifications of any
Base Flood Elevation (BFE), base flood depth, Special Flood Hazard Area
(SFHA) boundary or zone designation, or regulatory floodway on the
Flood Insurance Rate Maps (FIRMs), and where applicable, in the
supporting Flood Insurance Study (FIS) reports for the communities
listed in the table below. The purpose of this notice is to seek
general information and comment regarding the preliminary FIRM, and
where applicable, the FIS report that the Federal Emergency Management
Agency (FEMA) has provided to the affected communities. The FIRM and
FIS report are the basis of the floodplain management measures that the
community is required either to adopt or to show evidence of having in
effect in order to qualify or remain qualified for participation in the
National Flood Insurance Program (NFIP).

DATES: Comments are to be submitted on or before August 22, 2023.

ADDRESSES: The Preliminary FIRM, and where applicable, the FIS report
for each community are available for inspection at both the online
location https://hazards.fema.gov/femaportal/prelimdownload and the
respective Community Map Repository address listed in the tables below.
Additionally, the current effective FIRM and FIS report for each
community are accessible online through the FEMA Map Service Center at
https://msc.fema.gov for comparison.
    You may submit comments, identified by Docket No. FEMA-B-2337, to
Rick Sacbibit, Chief, Engineering Services Branch, Federal Insurance
and Mitigation Administration, FEMA, 400 C Street SW, Washington, DC
20472,<PHONE_NUMBER>, or (email) patrick.sa[email protected].

FOR FURTHER INFORMATION CONTACT: Rick Sacbibit, Chief, Engineering
Services Branch, Federal Insurance and Mitigation Administration, FEMA,
400 C Street SW, Washington, DC 20472,<PHONE_NUMBER>, or (email)
[email protected]; or visit the FEMA Mapping and Insurance
eXchange (FMIX) online at https://www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: FEMA proposes to make flood hazard
determinations for each community listed below, in accordance with
section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C.
4104, and 44 CFR 67.4(a).
    These proposed flood hazard determinations, together with the
floodplain management criteria required by 44 CFR 60.3, are the minimum
that are required. They should not be construed to mean that the
community must change any existing ordinances that are more stringent
in their floodplain management requirements. The community may at any
time enact stricter requirements of its own or pursuant to policies
established by other Federal, State, or regional entities. These flood
hazard determinations are used to meet the floodplain management
requirements of the NFIP.
    The communities affected by the flood hazard determinations are
provided in the tables below. Any request for reconsideration of the
revised flood hazard information shown on the Preliminary FIRM and FIS
report that satisfies the data requirements outlined in 44 CFR 67.6(b)
is considered an appeal. Comments unrelated to the flood hazard
determinations also will be considered before the FIRM and FIS report
become effective.
    Use of a Scientific Resolution Panel (SRP) is available to
communities in support of the appeal resolution process. SRPs are
independent panels of experts in hydrology, hydraulics, and other
pertinent sciences established to review conflicting scientific and
technical data and provide recommendations for resolution. Use of the
SRP only may be exercised after FEMA and local communities have been
engaged in a collaborative consultation process for at least 60 days
without a mutually acceptable resolution of an appeal. Additional
information regarding the SRP process can be found online at https://www.floodsrp.org/pdfs/srp_overview.pdf.
    The watersheds and/or communities affected are listed in the tables
below. The Preliminary FIRM, and where applicable, FIS report for each
community are available for inspection at both the online location
https://hazards.fema.gov/femaportal/prelimdownload and the respective
Community Map Repository address listed in the tables. For communities
with multiple ongoing Preliminary studies, the studies can be
identified by the unique project number and Preliminary FIRM date
listed in the tables. Additionally, the current effective FIRM and FIS
report for each community are accessible online through the FEMA Map
Service Center at https://msc.fema.gov for comparison.

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

Nicholas A. Shufro,
Deputy Assistant Administrator for Risk Management, Federal Emergency
Management Agency, Department of Homeland Security.

------------------------------------------------------------------------
                                             Community map repository
               Community                             address
------------------------------------------------------------------------
             Jackson County, Arkansas and Incorporated Areas
         Project: 20-06-0064S Preliminary Date: January 11, 2023
------------------------------------------------------------------------
City of Campbell Station...............  Campbell Station City Hall,
                                          5005 Keeter Circle, Tuckerman,
                                          AR 72473.
City of Diaz...........................  Diaz City Hall, 3401 South Main
                                          Street, Newport, AR 72112.
City of Newport........................  City Hall, 615 3rd Street,
                                          Newport, AR 72112.
City of Tupelo.........................  Community Center, 15 Pecan
                                          Circle, Tupelo, AR 72169.
Town of Jacksonport....................  Diaz City Hall, 3401 South Main
                                          Street, Newport, AR 72112.
Town of Weldon.........................  Weldon Mayor's Office, 1404
                                          Weldon Avenue, Newport, AR
                                          72112.
Unincorporated Areas of Jackson County.  Diaz City Hall, 3401 South Main
                                          Street, Newport, AR 72112.
------------------------------------------------------------------------

              Thomas County, Georgia and Incorporated Areas
        Project: 18-04-0005S Preliminary Date: February 19, 2021
------------------------------------------------------------------------
City of Pavo...........................  City Hall, 1010 West Harris
                                          Street, Pavo, GA 31778.
------------------------------------------------------------------------
            Breathitt County, Kentucky and Incorporated Areas
         Project: 20-04-0003S Preliminary Date: October 27, 2022
------------------------------------------------------------------------
City of Jackson........................  City Hall, 333 Broadway Street,
                                          Jackson, KY 41339.
Unincorporated Areas of Breathitt        Breathitt County Courthouse,
 County.                                  1137 Main Street, Suite 205,
                                          Jackson, KY 41339.
------------------------------------------------------------------------
              Knott County, Kentucky and Incorporated Areas
         Project: 20-04-0003S Preliminary Date: October 27, 2022
------------------------------------------------------------------------
City of Hindman........................  City Hall, 10 Professor Clarke
                                          Circle, Hindman, KY 41822.
Unincorporated Areas of Knott County...  Knott County Courthouse, 54
                                          West Main Street, Hindman, KY
                                          41822.
------------------------------------------------------------------------
               Lee County, Kentucky and Incorporated Areas
         Project: 20-04-0003S Preliminary Date: October 27, 2022
------------------------------------------------------------------------
City of Beattyville....................  Lee County Courthouse, 256 Main
                                          Street, Beattyville, KY 41311.
Unincorporated Areas of Lee County.....  Lee County Courthouse, 256 Main
                                          Street, Beattyville, KY 41311.
------------------------------------------------------------------------
             Letcher County, Kentucky and Incorporated Areas
         Project: 20-04-0003S Preliminary Date: October 27, 2022
------------------------------------------------------------------------
City of Fleming-Neon...................  City Hall, 955 Highway 317,
                                          Fleming-Neon, KY 41840.
City of Whitesburg.....................  City Hall, 38 East Main Street,
                                          Whitesburg, KY 41858.
Unincorporated Areas of Letcher County.  Letcher County Courthouse, 156
                                          Main Street, Suite 107,
                                          Whitesburg, KY 41858.
------------------------------------------------------------------------
              Perry County, Kentucky and Incorporated Areas
         Project: 20-04-0003S Preliminary Date: October 27, 2022
------------------------------------------------------------------------
City of Hazard.........................  City Hall, 700 Main Street,
                                          Hazard, KY 41701.
Unincorporated Areas of Perry County...  Perry County Courthouse, 481
                                          Main Street, 1st Floor,
                                          Hazard, KY 41701.
------------------------------------------------------------------------
              Wolfe County, Kentucky and Incorporated Areas
         Project: 20-04-0003S Preliminary Date: October 27, 2022
------------------------------------------------------------------------
Unincorporated Areas of Wolfe County...  Wolfe County Courthouse, 16
                                          Court Street, Campton, KY
                                          41301.
------------------------------------------------------------------------

[FR Doc. 2023-11095 Filed 5-23-23; 8:45 am]
BILLING CODE 9110-12-P


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  0320 __ __ __ __

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 Reporting and Recordkeeping Requirements for the Importation of Nonconforming Marine Engines 8. Agency form number( s) ( If applicable) 1723.03 9. Keywords Air Pollution, Nonroad Imports, Reporting and Recordkeeping Requirements 10. Abstract The information allows determination whether imported engines conform 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. X Mandatory 13. Annual reporting and recordkeeping hour burden a. Number of respondents 1,000 b. Total annual responses 3,100 1. Percentage of these responses collected electronically unknown % c. Total annual hours requested 1,550 d. Current OMB inventory 1,550 e. Difference 0 f. Explanation of difference 1. Program Change 0 2. Adjustment 0 14. Annual reporting and recordkeeping cost burden ( in thousands of dollars)

a. Total annualized capital/ startup costs 0 b. Total annual costs ( O& M) 78 c. Total annualized cost requested 78 d. Current OMB inventory 0 e. Difference 78 f. Explanation of difference 1. Program change 0 2. Adjustment 78 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. X 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 19. Certification for Paperwork Reduction Act Submissions On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with' 5 CFR 1320.9.

NOTE: The text of 5 CFR 1320.9, and the related provisions of 5 CFR 1320.8( b)( 3), appear at the end of the instructions. The certification is to be made with reference to those regulatory provisions as set forth in the instructions.

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

( a) It is necessary for the proper performance of agency functions;

( b) It avoids unnecessary duplication;

( c) It reduces burden on small entities;

( d) It uses plain, coherent, and unambiguous terminology that is understandable to respondents;

( e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

( f) It indicates the retention periods for recordkeeping requirements;

( g) It informs respondents of the information called for under 5 CFR 1320.8( b)( 3): ( i) Why the information is being collected; ( ii) Use of information; ( iii) Burden estimate; ( iv) Nature of response ( voluntary, required for a benefit, or mandatory); ( v) Nature and extent of confidentiality; and ( vi) Need to display currently valid OMB control number;

( h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected ( see note in Item 19 of the instructions);

( i) It uses effective and efficient statistical survey methodology; and ( j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item below and explain the reason in Item 18 of the Supporting Statement. Signature of Program Office Official Margo T. Oge, Director Office of Transportation and Air Quality Office of Air and Radiation ( OAR) Date Signature of Senior Official or designee Oscar Morales, Director Collection Strategies Division Office of Information Collection ( OIC) Date OMB 83 I 10/ 95 Certification Requirement for Paperwork Reduction Act Submissions 5 CFR 1320.9 reads " As part of the agency submission to OMB of a proposed collection of information, the agency ( through the head of the agency, the Senior Official or their designee) shall certify ( and provide a record supporting such certification) that the proposed collection of information

"( a) is necessary for the proper performance of the functions of the agency, including that the information to be collected will have practical utility;

"( b) is not unnecessarily duplicative of information otherwise reasonably accessible to the agency;

"( c) reduces to the extent practicable and appropriate the burden on persons who shall provide information to or for the agency, including with respect to small entities, as defined in the Regulatory Flexibility Act 5 U. S. C § 601( 6)), the use of such techniques as:

"( 1) establishing differing compliance or reporting requirements or timetables that take into account the resources available to those who are to respond; "( 2) the clarification, consolidation, or simplification of compliance and reporting requirements; or collection of information , or any part thereof; "( 3) an exemption from coverage of the collection of information, or any part thereof;

"( d) is written using plain, coherent, and unambiguous terminology and is understandable to those who are to respond;

"( e) is to be implemented in ways consistent and compatible, to the maximum extent practicable, with the existing reporting and recordkeeping practices of those who are to respond;

"( f) indicates for each recordkeeping requirement the length of time persons are required to maintain the records specified;

"( g) informs potential respondents of the information called for under § 1320.8( b)( 3); [ see below]

"( h) has been developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected, including the processing of the information in a manner which shall enhance, where appropriate, the utility of the information to agencies and the public;

"( i) uses effective and efficient statistical survey methodology appropriate to the purpose for which the information is to be collected; and "( j) to the maximum extent practicable, uses appropriate information technology to reduce burden and improve data quality, agency efficiency and responsiveness to the public."

NOTE: 5 CFR 1320.8( b)( 3) requires that each collection of information:

"( 3) informs and provides reasonable notice to the potential persons to whom the collection of information is addressed of: "( i) the reasons the information is planned to be and/ or has been collected; "( ii) the way such information is planned to be and/ or has been used to further the proper performance of the functions of the agency; "( iii) an estimate, to the extent practicable, of the average burden of the collection ( together with a request that the public direct to the agency any comments concerning the accuracy of this burden estimate and any suggestions for reducing this burden); "( iv) whether responses to the collection of information are voluntary, required to obtain or retain a benefit ( citing authority), or mandatory ( citing authority); "( v) the nature and extent of confidentiality to be provided, if any ( citing authority); and "( vi) the fact that any 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."

10/ 95


[Federal Register: May 10, 2007 (Volume 72, Number 90)]
[Notices]
[Page 26660-26662]
[DOCID:fr10my07-115]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-55705; File No. SR-CHX-2007-05[

Self-Regulatory Organizations; Chicago Stock Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
and Amendment No. 1 Thereto, Relating to Participant Fees and Credits

 May 4, 2007.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on March 23, 2007, the Chicago Stock Exchange, Inc. (``CHX'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared substantially by the CHX.
The CHX amended the proposed rule change on May 1, 2007.\3\ The CHX has
designated this proposal as one establishing or changing a member due,
fee, or other charge imposed by the CHX under Section 19(b)(3)(A)(ii)
of the Act,\4\ and Rule 19b-4(f)(2) thereunder,\5\ which renders the
proposal effective upon filing with the Commission. The Commission is
publishing this notice to solicit comments on the proposed rule change,
as amended, from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Amendment No. 1. The Commission considers the 60-
abrogation period to have commenced on May 1, 2007, the date the CHX
filed Amendment No. 1.
    \4\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \5\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The CHX proposes to amend its Schedule of Participant Fees and
Credits (``Fee Schedule''), effective April 1, 2007, to (1) assess a
single ``take'' fee and provide a single ``provide'' credit for
Matching System transactions in all securities; (2) eliminate the
provisions relating to sharing of market data; and (3) modify the
Matching System routing fees for executions through the Reg

NMS Linkage Plan. The text of the proposed rule change is available at
the CHX, the Commission's Public Reference Room, and the CHX's Web site
at http://www.chx.com/rules/proposed_rules.htm.

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

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

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

1. Purpose
    The CHX proposes to amend its Fee Schedule, effective April 1,
2007, to (1) assess a single ``take'' fee and provide a single
``provide'' credit for Matching System transactions in all securities;
(2) eliminate the provisions relating to sharing of market data
revenues; and (3) modify the Matching System routing fees for
executions through the Reg NMS Linkage Plan.
    On April 1, 2007, the new market data revenue allocation formula
that is part of Regulation NMS takes effect.\6\ This new formula
significantly modifies the manner in which market data revenue is
allocated among the self-regulatory organizations that participate in
the plans associated with the dissemination of market data. Among other
things, the new formula allocates revenue among the securities in each
plan based (in most cases) on the square root of the dollar volume of
trading in each security; allocates revenue based upon both quotes and
trades in each security; and limits the amount of revenue associated
with trades with dollar volumes less than $5,000.\7\ The Exchange
believes that it is appropriate to gain some experience with the impact
of this new revenue sharing formula before determining whether it is
appropriate to share a portion of that revenue with Exchange
participants.\8\ As a result, effective April 1, 2007, the Exchange
proposes to eliminate the market data revenue credits set out in its
Fee Schedule.
---------------------------------------------------------------------------

    \6\ See Release No. 34-55160 (January 24, 2007), 72 FR 4202
(January 30, 2007) (File No. S7-10-04) (confirming that the
compliance date for the market data revenue allocation amendment
remains April 1, 2007).
    \7\ See Reg NMS Final Rule Release, No. 34-51808, File No. S7-
10-04, 70 FR 37496 (June 29, 2005), Section XIV (Text of Adopted
Amendments to the CTA Plan, the CQ Plan and the Nasdaq UTP Plan).
    \8\ In addition, even if the Exchange believed it was
appropriate to share revenue under the new allocation, the Exchange
will not receive sufficient information from the securities
information processors to readily calculate the amount of revenue
that might be shared in connection with a specific quote or trade.
---------------------------------------------------------------------------

    At the same time, however, the Exchange would slightly increase its
``take'' fees and more significantly increase the ``provide'' credits
for transactions that occur within the CHX's Matching System. Under
these changes, the CHX would charge a ``take'' fee of $.0029/share and
pay a ``provide'' credit of $.0026/share. These changes are designed,
at least in part, to provide an incentive for participants to submit
single-sided orders to the Matching System for execution.
    As a final portion of this proposed rule change, the Exchange would
modify the routing fees associated with the use of the Linkage Plan's
routing mechanism. These proposed fee changes respond, in part, to
changes instituted by other markets and simplify the fee structure by
assessing a fee of $0.0030/share for executed orders routed to all
markets in all securities (except that a $.0003/share fee will be
assessed on executed orders routed to the NYSE in non-ETFs).\9\ The
Exchange believes that this simplified fee structure will be easier for
its participants to understand; will not require the Exchange to
continually modify its fees as other markets make changes to their own
fee schedules; and will allow the Exchange to cover a portion of its
costs of providing its participants with access to the Linkage
Plan.\10\
---------------------------------------------------------------------------

    \9\ See Securities Exchange Act Release No. 55395 (March 2,
2007), 72 FR 11067 (March 12, 2007) (SR-CBOE-2007-25) (setting new
transaction fees for the CBOE Stock Exchange).
    \10\ These costs include the costs associated with maintaining
an omnibus clearing account for Linkage Plan transactions with the
National Securities Clearing Corporation. 10
---------------------------------------------------------------------------

    The provisions in Sections E(1), E(6) and F(1) of the CHX Schedule
of Participant Fees and Credits that were applicable only through March
31, 2007 are deemed to have been removed, effective as of April 1,
2007, leaving only the provisions that took effect on April 1, 2007.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b)(4) of the
Act \11\ in that it provides for the equitable allocation of reasonable
dues, fees and other charges among its members.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition.

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

    No written comments were either solicited or received.

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

    Because the foregoing proposed rule change establishes or changes a
member due, fee, or other charge imposed by the Exchange, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \12\ and Rule 19b-
4(f)(2) \13\ thereunder. At any time within 60 days of the filing of
such proposed rule change, the Commission may summarily abrogate 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.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 19b-4(f)(2).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

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

File No. SR-CHX-2007-05 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CHX-2007-05. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will

post all comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent

amendments, all written statements with respect to the proposed rule
change that are filed with the Commission, and all written
communications relating to the proposed rule change between the
Commission and any person, other than those that may be withheld from
the public in accordance with the provisions of 5 U.S.C. 552, will be
available for inspection and copying in the Commission's Public
Reference Room. Copies of such filing also will be available for
inspection and copying at the principal office of the CHX.
    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-CHX-2007-05
and should be submitted on or before May 31, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\14\
---------------------------------------------------------------------------

    \14\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-8960 Filed 5-9-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register: July 14, 2010 (Volume 75, Number 134)]
[Notices]
[Page 40825-40827]
[DOCID:fr14jy10-70]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2009-0760; FRL-8833-4]

Clofencet; Cancellation Order for Certain Pesticide Registrations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces EPA's order for the cancellations,
voluntarily requested by the registrant and accepted by the Agency, of
products containing clofencet, pursuant to section 6(f)(1) of the
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as
amended. This cancellation order follows an April 28, 2010 Federal
Register Notice of Receipt of Request from the registrant Monsanto
Company to voluntarily cancel all these product registrations. These
are the last products containing this pesticide registered for use in
the United States. In the April 28, 2010 notice, EPA indicated that it
would issue an order implementing the cancellations, unless the Agency
received substantive comments within the 30-day comment period that
would merit its further review of this request, or unless the
registrant withdrew their request. The Agency did not receive any
comments on the notice. Further, the registrant did not withdraw their
request. Accordingly, EPA hereby issues in this notice a cancellation
order granting the requested cancellations. Any distribution, sale, or
use of the products subject to this cancellation order is permitted
only in accordance with the terms of this order, including any existing
stocks provisions.

DATES: The cancellations are effective July 14, 2010.

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

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general, and may be of
interest to a wide range of stakeholders including environmental, human
health, and agricultural advocates; the chemical industry; pesticide
users; and members of the public interested in the sale, distribution,
or use of pesticides. Since others also may be interested, the Agency
has not attempted to describe all the specific entities that may be
affected by this action. If you have any questions regarding the
applicability of this action to a particular entity, consult the person
listed under FOR FURTHER INFORMATION CONTACT.

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

    EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2009-0760. Publicly available
docket materials are available either in the electronic docket at
http://www.regulations.gov, or, if only available in hard copy, at the
Office of Pesticide Programs (OPP) Regulatory Public Docket in Rm. S-
4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington,
VA. The hours of operation of this Docket Facility are from 8:30 a.m.
to 4 p.m., Monday through Friday, excluding legal holidays. The Docket
Facility telephone number is<PHONE_NUMBER>.

II. What Action is the Agency Taking?

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

                Table 1.--Clofencet Product Cancellations
------------------------------------------------------------------------
          EPA Registration Number                   Product Name
------------------------------------------------------------------------
524-479                                     Genesis Hybridizing Agent
------------------------------------------------------------------------
524-481                                     Mon 21200 Technical
                                             Registration
------------------------------------------------------------------------
524-482                                     Mon 21233 Manufacturing Use
                                             Product
------------------------------------------------------------------------

    Table 2 of this unit includes the name and address of record for
the registrant of the products in Table 1 of this unit, by EPA company
number. This number corresponds to the first part of the EPA
registration numbers of the products listed above.

               Table 2.--Registrant of Cancelled Products
------------------------------------------------------------------------
            EPA Company Number                Company Name and Address
------------------------------------------------------------------------
524                                         Monsanto Company
                                            1300 I Street N.W.
                                            Suite 450
                                            Washington, DC 20005
------------------------------------------------------------------------

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

    During the public comment period provided, EPA received no comments
in response to the April 28, 2010 Federal Register notice announcing
the Agency's receipt of the request for voluntary cancellation of
products listed in Table 1 of Unit II.

 IV. Cancellation Order

    Pursuant to FIFRA section 6(f), EPA hereby approves the requested
cancellation of clofencet registrations identified in Table 1 of Unit
II. Accordingly, the Agency hereby orders that the product
registrations identified in Table 1 of Unit II. are canceled. The
effective date of the cancellations that are subject of this notice is
July 14, 2010. Any distribution, sale, or use of existing stocks of the
products identified in Table 1 of Unit II. in a manner inconsistent
with any of the provisions for disposition of existing stocks set forth
in Unit VI. will be a violation of FIFRA.

V. What is the Agency's Authority for Taking this Action?

    Section 6(f)(1) of FIFRA provides that a registrant of a pesticide
product may at any time request that any of its pesticide registrations
be canceled or amended to terminate one or more uses. FIFRA further
provides that, before acting on the request, EPA must publish a notice
of receipt of any such request in the Federal Register. Thereafter,
following the public comment period, the EPA Administrator may approve
such a request. The notice of receipt for this action was published for
comment on April 28, 2010 (75 FR 22404) (FRL-8822-1). The comment
period closed on May 28, 2010.

VI. Provisions for Disposition of Existing Stocks

     Existing stocks are those stocks of registered pesticide products
which are currently in the United States and which were packaged,
labeled, and released for shipment prior to the effective date of the
action. The existing stocks provision for the products subject to this
order is as follows.
     For voluntary cancellations, the registrant may continue to sell
and distribute existing stocks of product listed in Table 1 until July
14, 2011, which is 1 year after publication of this cancellation order
in the Federal Register. Thereafter, the registrant is prohibited from
selling or distributing products listed in Table 1 of Unit II. except
for export in accordance with FIFRA section 17 or for proper disposal.
     Persons other than the registrant may sell, distribute, or use
existing stocks of canceled products until supplies are exhausted,
provided that such sale, distribution, or use is consistent with the
terms of the previously approved labeling on, or that accompanied, the
canceled products.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: July 1, 2010.
 Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division, Office of Pesticide
Programs.

[FR Doc. 2010-17020 Filed 7-13-10; 8:45 am]
BILLING CODE 6560-50-S


[Federal Register Volume 83, Number 184 (Friday, September 21, 2018)]
[Rules and Regulations]
[Page 47837]
[FR Doc No: 2018-20579]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2018-0885]

Drawbridge Operation Regulation; Sacramento River, Sacramento, CA

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulation.

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SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the Tower Drawbridge across the
Sacramento River, mile 59.0, at Sacramento, CA. The deviation is
necessary to allow the community to participate in the Juvenile
Diabetes Research Foundation One Walk. This deviation allows the bridge
to remain in the closed-to-navigation position.

DATES: This deviation is effective from 9:30 a.m. through 11 a.m. on
October 7, 2018.

ADDRESSES: The docket for this deviation, USCG-2018-0885, is available
at http://www.regulations.gov. Type the docket number in the ``SEARCH''
box and click ``SEARCH.'' Click on Open Docket Folder on the line
associated with this deviation.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email Carl T. Hausner, Chief, Bridge
Section, Eleventh Coast Guard District; telephone<PHONE_NUMBER>, email
[email protected].

SUPPLEMENTARY INFORMATION: The California Department of Transportation
has requested a temporary change to the operation of the Tower
Drawbridge, mile 59.0, over Sacramento River, at Sacramento, CA. The
drawbridge navigation span provides a vertical clearance of 30 feet
above Mean High Water in the closed-to-navigation position. The draw
operates as required by 33 CFR 117.189(a). Navigation on the waterway
is commercial and recreational.
    The drawspan will be secured in the closed-to-navigation position
from 9:30 a.m. to 11 a.m. on October 7, 2018, to allow the community to
participate in the Juvenile Diabetes Research Foundation One Walk. This
temporary deviation has been coordinated with the waterway users. No
objections to the proposed temporary deviation were raised. Vessels
able to pass through the bridge in the closed position may do so at
anytime. In the event of an emergency the draw span can open on signal
if at least one hour notice is given to the bridge operator. There are
no immediate alternate routes for vessels to pass. The Coast Guard will
also inform the users of the waterway through our Local and Broadcast
Notices to Mariners of the change in the operating schedule for the
bridge so that vessel operators can arrange their transits to minimize
any impact caused by the temporary deviation.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the effective
period of this temporary deviation. This deviation from the operating
regulations is authorized under 33 CFR 117.35.

    Dated: September 17, 2018.
Carl T. Hausner,
District Bridge Chief, Eleventh Coast Guard District.
[FR Doc. 2018-20579 Filed 9-20-18; 8:45 am]
 BILLING CODE 9110-04-P