[Federal Register Volume 81, Number 55 (Tuesday, March 22, 2016)]
[Notices]
[Pages 15371-15375]
[FR Doc No: 2016-06362]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77384; File No. SR-NYSE-2016-14]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing of Proposed Rule Change Amending and Restating the
Fifth Amended and Restated Bylaws of the Exchange's Ultimate Parent
Company, Intercontinental Exchange, Inc., To Implement Proxy Access

March 17, 2016.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby given
that, on March 2, 2016, New York Stock Exchange LLC (``NYSE'' or the
``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 by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend and restate the Fifth Amended and
Restated Bylaws of the Exchange's ultimate parent company,
Intercontinental Exchange, Inc. (``ICE''), to implement proxy access.
The proposed rule change is available on the Exchange's Web site at
www.nyse.com, at the principal office of the Exchange, and at the
Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend and restate the Fifth Amended and
Restated Bylaws of ICE (``ICE Bylaws''). The proposed amendments to the
ICE Bylaws would (1) add a new Section 2.15 that permits a stockholder,
or stockholders, that meet specific requirements to nominate director
nominees for the board of directors of ICE (``ICE Board''), provided
that the nominating stockholder(s) and nominee(s) satisfy the proposed
requirements, and (2) amend the advance notice provisions in Section
2.13 to account for proxy access.\4\
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    \4\ In November 2015, the Comptroller of the City of New York,
on behalf of certain city retirement systems that are stockholders
of ICE, requested that ICE include a proxy access proposal in its
2016 proxy statement. After discussions with the Comptroller's
office, ICE management determined to recommend the amendment
reflected in the proposed rule change to the ICE Board and, on that
basis, the Comptroller's request was withdrawn.
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    ICE owns 100% of the equity interest in Intercontinental Exchange
Holdings, Inc. (``ICE Holdings''), which in turn owns 100% of the
equity interest in NYSE Holdings LLC (``NYSE Holdings''). NYSE Holdings
owns 100% of the equity interest of NYSE Group, Inc., which in turn
directly owns 100% of the equity interest of the Exchange and its
affiliates NYSE Arca, Inc. and NYSE MKT LLC.\5\
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    \5\ The Exchange's affiliates have each submitted proposed rule
changes to propose the changes described in this filing. See SR-
NYSEMKT-2016-20 and SR-NYSEArca-2016-25.
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    The proposed amendments to the ICE Bylaws have been approved by the
ICE Board, subject to Securities and Exchange Commission
(``Commission'') approval. Under Section 11.1 of the ICE Bylaws, no
stockholder approval is required for amendment of the ICE Bylaws. ICE
filed a Form 8-K setting forth the proposed amendments on January 22,
2016 after approval by the ICE Board, and will file a further Form 8-K
when the amendments are adopted.
Bylaw Section 2.15
    The proposed rule change would add new Section 2.15 to the ICE
Bylaws. Section 2.15 would permit a stockholder, or group of up to 20
stockholders, to nominate director nominees for the ICE Board, so long
as the stockholder(s) have owned at least three percent of ICE's
outstanding shares of common stock continuously for at least three
years. The director nominees would be included in ICE's annual meeting
proxy materials. The proposed provision would limit the number of
proposed director nominees to a number equal to twenty percent of the
number of directors then serving on the ICE Board (rounded down to the
nearest whole number, but no less than two) provided that the
stockholder(s) and nominee(s) satisfy the other conditions specified in
the ICE Bylaws.
    A candidate would be nominated by a nomination notice (``Nomination
Notice''). Subject to satisfaction of the conditions of Section 2.15,
described below, as determined by the ICE Board, ICE would include in
its proxy statement for the next annual meeting of stockholders the
following information:
     The names of any person or persons nominated for election;
     disclosure about each nominee and the nominating
stockholder required under the rules of the Commission or other
applicable law to be included in the proxy statement;
     any statement in support of the nominee's (or nominees',
as applicable) election, subject to a limit of 500 words and subject to
compliance with Section 14 of the Exchange Act \6\ and the rules
thereunder, including Rule 14a-9; \7\ and
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    \6\ 15 U.S.C. 78n.
    \7\ 17 CFR 240.14a-9.
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     any other information that ICE management or the ICE Board
determines, in their discretion, to include relating to the nomination
of the nominee(s), including, without limitation, any statement in
opposition to the nomination.\8\
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    \8\ Proposed ICE Bylaw 2.15(a).
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    ICE Bylaw 2.15 would permit stockholder nominees to constitute up
to twenty percent of the number of directors then serving on the ICE
Board, subject to the following:
     If twenty percent of the current number of directors is
not a whole number, the number of permitted stockholder nominees would
be rounded down to the nearest whole number, but no less than two.
     The number of permitted stockholder nominees would be
further reduced by (a) the number of any stockholder nominees who are

withdrawn or who are instead nominated by the ICE Board and (b) the
number of directors, if any, who were stockholder nominees at the
preceding annual meeting and whose re-election is recommended by the
ICE Board. In the event that one or more vacancies for any reason were
to occur on the ICE Board after the deadline for submitting a
Nomination Notice, but before the date of the annual meeting, and the
ICE Board resolved to reduce the size of the ICE Board, the number of
permitted stockholder nominees would be calculated based on the number
of directors in office as so reduced. If, after receipt of a Nomination
Notice and following the deadline for receipt of such notices, either
the nominating stockholder becomes ineligible or withdraws the
nomination, or the nominee becomes ineligible or unwilling or unable to
serve, such nominee will be disregarded.
     Bylaw 2.15(b) would provide a mechanism for pro rata
reduction of the number of nominees nominated by different stockholders
if the total number of permitted stockholder nominees exceeded the
maximum permitted. Each nominating stockholder would select one of its
nominees to be included in the proxy statement, with the nominees to be
included selected from nominating stockholders going in the order of
the largest stockholdings to the smallest, until the available number
of nominees has been selected, with this process to be repeated if the
maximum number of nominees has not been selected in the first round.
    As a result of these potential reductions in the number of
stockholder nominees, the number of stockholder nominees in any year
could be fewer than two.
    Each person or group of up to 20 persons desiring to nominate a
candidate would be required to either (1) be a record holder of shares
of ICE common stock used to satisfy the eligibility requirements for a
stockholder nominee continuously for the three-year period, or (2)
provide to the secretary of ICE evidence of continuous ownership of the
minimum number of shares for such three-year period from one or more
securities intermediaries in a form that the ICE Board determines would
be acceptable for purposes of a shareholder proposal under Rule 14a-
8(b)(2) under the Exchange Act \9\ (or any successor rule). The minimum
number of shares would be determined as three percent of the
outstanding shares as of the most recent date for which the total
number of outstanding shares of common stock was included by ICE in a
filing with the Commission prior to the submission of the Nomination
Notice. Such shares would be required to be held continuously
throughout the three-year period preceding and including the date of
submission of the Nomination Notice, and through the date of the annual
meeting. The proposed rule change includes provisions relating to how
the members of a group would be counted and the consequences of
withdrawal of a member from a group.\10\
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    \9\ 17 CFR 240.14a-8(b)(2).
    \10\ Proposed ICE Bylaw 2.15(c).
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    A person (or member of a group of persons) whose nominee has been
elected as a director at an annual meeting would not be eligible to
nominate or participate in the nomination of a nominee for the
following two annual meetings other than the nomination of such
previously elected nominee.\11\
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    \11\ Proposed ICE Bylaw 2.15(c)(i).
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    The proposed rule change would also specify that shares may be
counted as ``owned'' only if the person making the nomination possess
both the full voting and investment rights pertaining to the shares and
the full economic interest in (including the opportunity for profit and
risk of loss on) such shares. Shares that have been sold, borrowed or
hedged are excluded. Loaned shares are included, provided they are
recallable within five business days, and are recalled by the record
date.\12\
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    \12\ Proposed ICE Bylaw 2.15(c)(iv).
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    No person would be permitted to be in more than one group
nominating a nominee. A person who appears as a member of more than one
group would be deemed to be a member of the group that has the largest
ownership position as reflected in the Nomination Notice.\13\
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    \13\ Proposed ICE Bylaw 2.15(c)(v).
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    A Nomination Notice would be required to be submitted to the
secretary of ICE at ICE's principal executive office, no earlier than
the close of business 150 calendar days, and no later than the close of
business 120 calendar days, before the anniversary of the date that ICE
mailed its proxy statement for the prior year's annual meeting of
stockholders. If an annual meeting were not scheduled to be held within
a period that commences 30 days before and ends 30 days after such
anniversary date, a Nomination Notice would be required to be given by
the later of the close of business on the date that is 120 days prior
to the date of such annual meeting or the tenth day following the date
on which such annual meeting date is first publicly announced or
disclosed.\14\
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    \14\ Proposed ICE Bylaw 2.15(d).
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    ICE Bylaw 2.15 would provide that any determination to be made by
the ICE Board may be made by the ICE Board, a committee of the ICE
Board or any officer of ICE designated by the ICE Board or a committee
of the ICE Board and that any such determination shall be final and
binding on ICE, any Eligible Holder (as defined in ICE Bylaw 2.15), any
nominating stockholder, any nominee and any other person so long as
made in good faith. The chairman of any annual meeting of stockholders
shall have the power and duty to determine whether a Nominee has been
nominated in accordance with the requirements of proposed Section 2.15
and, if not so nominated, shall direct and declare at the annual
meeting that such Nominee shall not be considered.\15\
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    \15\ The Exchange notes that having the chairman of the annual
meeting make such determination is consistent with the procedure in
Section 2.13(f) of the ICE Bylaws with respect to non-proxy access
nominations.
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    The proposed rule change specifies information that would be
required in a Nomination Notice, including:
     A Schedule 14N \16\ (or any successor form) relating to
the nomination, completed and filed with the Commission;
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    \16\ 17 CFR 240.14n-101.
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     a written notice, in a form deemed satisfactory by the ICE
Board, of the nomination of such nominee that includes additional
information, agreements, representations and warranties by the
nominating stockholder (including, in the case of a group, each group
member),
    [cir] the information otherwise required with respect to the
nomination of directors by the ICE Bylaws;
    [cir] the details of any relationship that existed within the past
three years and that would have been described pursuant to Item 6(e) of
Schedule 14N (or any successor item) if it existed on the date of
submission of the Schedule 14N;
    [cir] a representation and warranty that the nominating stockholder
did not acquire, and is not holding, securities of ICE for the purpose
or with the effect of influencing or changing control of ICE;
    [cir] a representation and warranty that the nominee's candidacy
or, if elected, membership on the ICE Board would not violate
applicable state or federal law or the rules of the principal national
securities exchange on which ICE's securities are traded;
    [cir] a representation and warranty that the nominee:

    [ssquf] Does not have any direct or indirect relationship with ICE
that will cause the nominee to be deemed not independent pursuant to
the ICE Board's Independence Policy \17\ as most recently published on
its Web site and otherwise qualifies as independent under the rules of
the principal national securities exchange on which ICE's common stock
is traded; \18\
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    \17\ The Commission notes that the Independence Policy can be
found at the following Web site: http://ir.theice.com/~/media/Files/
I/Ice-IR/documents/corporate-governance-documents/board-
independence-policy.pdf.
    \18\ The Commission notes the independent director standards of
NYSE, which is the principal market for ICE's common stock, are set
forth in NYSE's Listed Company Manual in Sections 303A.00, 303A.01
and 303A.02.
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    [ssquf] meets the audit committee independence requirements under
the rules of the principal national securities exchange on which ICE's
common stock is traded; \19\
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    \19\ The Commission notes that the audit committee independence
requirements of NYSE, the principle market for ICE's common stock,
are set forth in NYSE's Listed Company Manual under Sections 303A.06
and 303A.07.
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    [ssquf] is a ``non-employee director'' for the purposes of Rule
16b-3 under the Exchange Act \20\ (or any successor rule);
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    \20\ 17 CFR 240.16b-3.
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    [ssquf] is an ``outside director'' for the purposes of Section
162(m) of the Internal Revenue Code \21\ (or any successor provision);
and
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    \21\ 26 U.S.C. 162(m).
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    [ssquf] is not and has not been subject to any event specified in
Rule 506(d)(1) of Regulation D \22\ (or any successor rule) under the
Securities Act of 1933 or Item 401(f) of Regulation S-K \23\ (or any
successor rule) under the Exchange Act, without reference to whether
the event is material to an evaluation of the ability or integrity of
the nominee;
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    \22\ 17 CFR 230.506(d).
    \23\ 17 CFR 229.401(f).
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    [cir] a representation and warranty that the nominating stockholder
satisfies the eligibility requirements set forth in Bylaw 2.15 and has
provided evidence of ownership to the extent required by Bylaw
2.15(c)(i);
    [cir] a representation and warranty that the nominating stockholder
intends to continue to satisfy the eligibility requirements described
in Bylaw 2.15(c) through the date of the annual meeting;
    [cir] a representation and warranty that the nominating stockholder
will not engage in a ``solicitation'' within the meaning of Rule 14a-
1(l) \24\ (without reference to the exception in Rule 14a-(l)(l)(2)(iv)
\25\) (or any successor rules) under the Exchange Act in support of the
election of any individual as a director at the applicable annual
meeting, other than its nominee(s) or any nominee of the ICE Board;
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    \24\ 17 CFR 240.14a-1(l).
    \25\ 17 CFR 240.14a-1(l)(2)(iv).
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    [cir] a representation and warranty that the nominating stockholder
will not use any proxy card other than ICE's proxy card in soliciting
stockholders in connection with the election of a nominee at the annual
meeting;
    [cir] if desired, a statement in support of the nominee meeting the
standards identified above; and
    [cir] in the case of a nomination by a group, the designation by
all group members of one group member that is authorized to act on
behalf of all group members with respect to matters relating to the
nomination, including withdrawal of the nomination;
     an executed agreement, in a form deemed satisfactory by
the ICE Board, pursuant to which the nominating stockholder (including
each group member) agrees:
    [cir] To comply with all applicable laws, rules and regulations in
connection with the nomination, solicitation and election of a nominee;
    [cir] to file any written solicitation or other communication with
ICE's stockholders relating to one or more of ICE's directors or
director nominees or any stockholder nominee with the Commission,
regardless of whether any such filing is required under any rule or
regulation or whether any exemption from filing is available for such
materials under any rule or regulation;
    [cir] to assume all liability stemming from an action, suit or
proceeding concerning any actual or alleged legal or regulatory
violation arising out of any communication by the nominating
stockholder or any of its nominees with ICE, its stockholders or any
other person in connection with the nomination or election of
directors, including, without limitation, the Nomination Notice;
    [cir] to indemnify and hold harmless (jointly with all other group
members, in the case of a group member) ICE and each of its directors,
officers and employees individually against any liability, loss,
damages, expenses or other costs (including attorneys' fees) incurred
in connection with any threatened or pending action, suit or
proceeding, whether legal, administrative or investigative, against ICE
or any of its directors, officers or employees arising out of or
relating to a failure or alleged failure of the nominating stockholder
or any of its nominees to comply with, or any breach or alleged breach
of, its respective obligations, agreements or representations under
Bylaw 2.15; and
    [cir] in the event that (1) any information included in the
Nomination Notice or any other communication by the nominating
stockholder (including with respect to any group member) with ICE, its
stockholders or any other person in connection with the nomination or
election of a nominee ceases to be true and accurate in all material
respects (or omits a material fact necessary to make the statements
made not misleading) or (2) the nominating stockholder (including any
group member) has failed to continue to satisfy the eligibility
requirements described in Bylaw 2.15(c), to promptly (and in any event
within 48 hours of discovering such misstatement, omission or failure)
notify ICE and any other recipient of such communication of (1) the
misstatement or omission in such previously provided information and of
the information that is required to correct the misstatement or
omission or (2) of such failure; and
     an executed agreement, in a form deemed satisfactory by
the ICE Board, by the nominee:
    [cir] to provide to ICE such other information and certifications,
including completion of ICE's director questionnaire, as it may
reasonably request;
    [cir] that the nominee has read and agrees, if elected, to serve as
a member of the ICE Board, to adhere to ICE's Corporate Governance
Guidelines and Global Code of Business Conduct and any other policies
and guidelines applicable to directors; and
    [cir] that the nominee is not and will not become a party to (i)
any compensatory, payment or other financial agreement, arrangement or
understanding with any person or entity other than ICE in connection
with service or action as a director of ICE that has not been disclosed
to ICE, (ii) any agreement, arrangement or understanding with any
person or entity as to how the nominee would vote or act on any issue
or question as a director (a ``Voting Commitment'') that has not been
disclosed to ICE or (iii) any Voting Commitment that could reasonably
be expected to limit or interfere with the nominee's ability to comply,
if elected as a director of ICE, with its fiduciary duties under
applicable law.
    ICE Bylaw 2.15 would specify that the information and documents
required to be provided by the nominating stockholder must be: (i)
Provided with respect to and executed by each group member, in the case
of information applicable to group members; and (ii) provided with
respect to the persons specified in Instruction 1 to Items 6(c) and (d)
of Schedule 14N (or any successor item) in the case of a nominating
stockholder or group

member that is an entity. A Nomination Notice would be deemed submitted
on the date on which all of the information and documents required by
ICE Bylaw 2.15 (other than such information and documents contemplated
to be provided after the date the Nomination Notice is provided) have
been delivered to or, if sent by mail, received by the Secretary of
ICE.
    Access to ICE's proxy statement for stockholder nominations under
ICE Bylaw 2.15(e)(i) would not be available in any year in which ICE
has received advance notice under ICE Bylaw Section 2.13 that a
stockholder intends to nominate a director. In addition, nominations
would be disregarded under ICE Bylaw 2.15(e)(i) if
     the nominating stockholder or its representative fails to
appear at the annual meeting to present the nomination or withdraws its
nomination;
     the nomination or election of the nominee would be in
violation of ICE's certificate of incorporation or bylaws, or
applicable law, rule or regulation, including those of stock exchanges;
     the nominee was nominated pursuant to ICE Bylaw 2.15 at
one of the past two annual meetings and either withdrew or became
ineligible, or failed to receive 20% of the vote;
     the nominee is, or has within the last three years been,
an officer or director of a competitor of ICE or is a U.S. Disqualified
Person as defined in ICE's certificate of incorporation; or
     ICE is notified, or the ICE Board determines, that a
nominating stockholder has failed to continue to satisfy the
eligibility requirements, any of the representations and warranties
made in the Nomination Notice ceases to be true and accurate in all
material respects (or omits a material fact necessary to make the
statements made not misleading), the nominee becomes unwilling or
unable to serve on the ICE Board or any material violation or breach
occurs of the obligations, agreements, representations or warranties of
the nominating stockholder or the nominee under ICE Bylaw Section 2.15.
    In addition, Bylaw 2.15(e)(ii) would permit ICE to omit from its
proxy statement, or supplement or correct, any information, including
all or any portion of the statement in support of the Nominee included
in the Nomination Notice, if the ICE Board determines that:
     Such information is not true in all material respects or
omits a material statement necessary to make the statements made not
misleading;
     Such information directly or indirectly impugns the
character, integrity or personal reputation of, or directly or
indirectly makes charges concerning improper, illegal or immoral
conduct or associations, without factual foundation, with respect to,
any person; or
     The inclusion of such information in the proxy statement
would otherwise violate the federal proxy rules or any other applicable
law, rule or regulation.
Bylaw Section 2.13
    The proposed rule change also would amend the existing advance
notice provisions in Bylaw 2.13 to extend their application to
stockholder nominations under the proxy access provision in Bylaw 2.15.
     Bylaw 2.13(b) would be amended to provide that stockholder
nominations would be subject to inclusion in the ICE Board's notice of
annual meeting, and that the timing and notice requirements of the
existing advance notice bylaw would not apply to stockholder
nominations, which have different timing and notice requirements as
described above.
     Bylaw 2.13(d) would be amended to specify that the
definition therein of ``publicly announced or disclosed'' would also
apply in Bylaw 2.15.
Conforming Changes
    Finally, the Exchange proposes to make conforming changes to the
title of the Bylaws.
2. Statutory Basis
    The Exchange believes that this filing is consistent with Section
6(b) of the Exchange Act,\26\ in general, and Section 6(b)(1) of the
Exchange Act,\27\ in particular, in that it enables the Exchange to be
so organized as to have the capacity to be able to carry out the
purposes of the Exchange Act and to comply, and to enforce compliance
by its exchange members and persons associated with its exchange
members, with the provisions of the Exchange Act, the rules and
regulations thereunder, and the rules of the Exchange. The Exchange
believes that, by permitting a stockholder, or a group of up to twenty
stockholders, of ICE that meet the stated requirements to nominate and
have included in ICE's annual meeting proxy materials director
nominees, the proposed rule change strengthens the corporate governance
of the Exchange's ultimate parent company and is thus consistent with
Section 6(b)(1).
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    \26\ 15 U.S.C. 78f(b).
    \27\ 15 U.S.C. 78f(b)(1).
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    For similar reasons, the Exchange also believes that this filing
furthers the objectives of Section 6(b)(5) of the Exchange Act,\28\
because the proposed rule change would be consistent with and
facilitate a governance and regulatory structure that is 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 regulating, clearing, settling,
processing information with respect to, and 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. As discussed above, the
Exchange believes that by expanding the ability of stockholders to
nominate directors that could constitute a significant percent (20%) of
the number of directors currently serving on the ICE Board, the
proposed rule change would ensure better corporate governance and
accountability to stockholders, thereby protecting investors and the
public interest.
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    \28\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Exchange Act. The proposed rule
change is not designed to address any competitive issue in the U.S. or
European securities markets or have any impact on competition in those
markets; rather, adoption of a proxy access bylaw by ICE is intended to
enhance corporate governance and accountability to stockholders.

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

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

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

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period up to 90 days (i) as the
Commission may designate if it finds such longer period to be
appropriate and publishes its reasons for so finding or (ii) as to
which

the self-regulatory organization consents, the Commission will:
    (A) By order approve or disapprove the proposed rule change, or
    (B) institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSE-2016-14 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSE-2016-14. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSE-2016-14 and should be
submitted on or before April 12, 2016.
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    \29\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\29\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-06362 Filed 3-21-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 37 (Monday, February 25, 2013)]
[Notices]
[Page 12827]
[FR Doc No: 2013-04286]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2002-12409]

Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations
(CFR), this document provides the public notice that by a document
dated November 30, 2012, Port Authority Trans-Hudson (PATH) has
petitioned the Federal Railroad Administration (FRA) for an extension
of Waiver Docket Number FRA-2002-12409, which provides relief from
certain provisions of 49 CFR part 238--Passenger Equipment Safety
Standards. Specifically, PATH requests extension of the waiver of
compliance from the requirements of 49 CFR 238.305(c)(10)--Interior
calendar day mechanical inspection of passenger cars, 238.305.(d), and
238.317(a)(1)--Movement of passenger equipment with other than power
brake defects. These regulations are associated with the interior
calendar-day inspection and Class 2 brake test, respectively.
    PATH requests relief from the requirement to remove a car from
service on the calendar day following the interior calendar-day
mechanical inspection, and requests that the car be permitted to remain
in passenger service until the car can be brought to the PATH running
repair or main repair facility at the earliest practical time, but not
to exceed 8 calendar days following notification, providing all of the
specific conditions contained in 49 CFR 238.305(c)(10) and 49 CFR
238.305(d)(1)-(d)(3) are met. PATH further requests partial relief from
the requirement to perform a Class 2 brake test during specific periods
of time at terminal locations in which terminal dwell times are less
than 5 minutes. PATH asserts that the conductor does not have adequate
time to remain at the rear of the train to perform the brake test while
the engineer changes operating position and then walk forward to the
conductor's operating position between the first and second cars. FRA
assigned the petition Docket Number FRA-2002-12409.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov and in person at the U.S. Department of
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey
Avenue SE., W12-140, Washington, DC 20590. The Docket Operations
Facility is open from 9 a.m. to 5 p.m., Monday through Friday, except
Federal Holidays.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment, they should notify FRA, in
writing, before the end of the comment period and specify the basis for
their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
     Web site: http://www.regulations.gov/. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received by April 11, 2013 will be considered by FRA
before final action is taken. Comments received after that date will be
considered as far as practicable.
    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the comment (or signing the document,
if submitted on behalf of an association, business, labor union, etc.).
See http://www.regulations.gov/#!privacyNotice for the privacy notice
of regulations.gov or interested parties may review DOT's complete
Privacy Act Statement in the Federal Register published on April 11,
2000 (65 FR 19477).

    Issued in Washington, DC, on February 20, 2013.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative
Operations.
[FR Doc. 2013-04286 Filed 2-22-13; 8:45 am]
BILLING CODE 4910-06-P


UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION III

	1650 Arch Street

	Philadelphia, Pennsylvania  19103

DATE:	September 5, 2007

SUBJECT:	Technical Support Document - Maryland; Amendments to the
Control of Volatile Organic Compound Emissions from Consumer Products

			/s/

FROM:	Rose Quinto, Environmental Engineer

Air Quality Planning Branch

TO:		File

		          /s/

THRU: 	Marilyn Powers, Acting Branch Chief

Air Quality Planning Branch

A.  BACKGROUND

On June 18, 2007, the Maryland Department of Environment (MDE) submitted
a revision to its state implementation plan (SIP).  The SIP revision
(Maryland SIP #07-08) includes amendments to the control of VOC
emissions from consumer products (COMAR 26.11.32).

Consumer and commercial products are defined as products sold to retail
customers for personal, household, or automotive use, and products
marketed by wholesale distributors for use by commercial or
institutional organizations.  VOC emissions from these products come
from the evaporation of propellant and organic solvents during use.
Consumer and commercial products comprise a variety of goods, including
personal care products, household products, automotive aftermarket
products, insecticides, coatings, and other miscellaneous products.

Maryland adopted the consumer products regulation based on the 2001
Ozone Transport Commission (OTC) model rule in 2003 that was based on
the California Air Resources Board (CARB) rule.  EPA approved the
Maryland consumer products regulation on December 9, 2003 (68 FR 68523).
 In July 2005, CARB amended the 2001 OTC model rule adding 14 new
categories.  In 2006, the OTC developed an updated model rule based upon
the 2005 CARB amendments.  Maryland adopted the updated 2006 OTC model
rule on June 8, 2007 with an effective date of June 18, 2007 to
incorporate the changes in the 2005 CARB rule.

B.  STATE SUBMITTAL

Maryland’s amended consumer products regulation incorporates the
changes made by CARB.  These amendments affect 18 categories of consumer
products.  Fourteen categories are new, including subcategories with new
product category definitions and VOC limits; one previously regulated
category with a more restrictive VOC limit, and two previously regulated
categories with additional requirements.  The compliance date for the
new standards is January 1, 2009.

The new categories are the following:  (1) adhesive remover with four
subcategories:  floor or wall covering, gasket or thread locking,
general purpose, and specialty; (2) anti-static product; (3) electrical
cleaner; (4) electronic cleaner; (6) fabric refresher; (7) footwear or
leather care product; (8) hair styling product that will incorporate
hair styling gel and include additional forms of hair styling products
(i.e.; liquid, semi-solid, and pump spray) but does not include hair
spray product or hair mousse; (9) graffiti remover; (10) shaving gel;
(11) toilet/urinal care product; and (12) wood cleaner.  The previously
regulated category with more restrictive limit is contact adhesive that
has been separated into 2 subcategories:  general purpose and special
purpose.  The previously regulated categories with additional
requirements are air fresheners and general purpose degreasers.

New definitions to be used in this regulation are the following:

Adhesive remover – a product designed to remove adhesives, including
caulks, sealants, glues, or similar substances used for the purpose of
forming a bond, from either a specific substrate or a variety of
substrates.  Adhesive remover does not include products that remove
adhesives intended exclusively for use on humans or animals.

Aerosol adhesive – includes special purpose spray adhesives, mist
spray adhesives, and web spray adhesives.

Aerosol product – a pressurized spray system that dispenses product
ingredients by means of a propellant contained in a product or a
product’s container or by means of mechanically induced force.
Aerosol product does not include pump spray.

Air freshener – does not include a product that functions primarily as
a cleaning product, as indicated on a product label or toilet and urinal
care products.

Anti-static product – a product that is labeled to eliminate, prevent
or inhibit the accumulation of static.  Anti-static product does not
include electronic cleaner, floor polish or wax, or floor coating.

Bathroom and tile cleaner – a product labeled to clean tile or
surfaces in bathrooms.  Bathroom and tile cleaner does not include
specifically designed primarily to clean toilet bowls, toilet tanks, or
urinals.

Bug and tar remover – a product labeled to remove from painted motor
vehicle surfaces, without causing damage to the finish.

Consumer product – includes detergents, cleaning compounds, polishes,
floor finishes, cosmetics, personal care products, home, lawn and garden
products, disinfectants, aerosol paints, automotive specialty products,
and aerosol adhesives for consumer, industrial, or commercial uses.
Consumer product does not include paint products other than those listed
under §B(45)(b) of COMAR <IP_ADDRESS>, furniture coatings, or
architectural coatings.

Contact adhesive – does not include rubber cements intended primarily
for use on paper substrates and vulcanizing fluids that are designed and
labeled for tire repair only.

Contact adhesive – general purpose – any contact adhesive that is
not a contact adhesive – special purpose.

Contact adhesive – special purpose – a contact adhesive that:

(a) Is used to bond melamine-covered board unprimed metal, unsupported
vinyl, Teflon, ultra-high molecular weight polyethylene, rubber, high
pressure laminate, or wood veneer 1/16 inch or less in thickness to any
porous or nonporous surface, and is sold in units of product, less
packaging, that contain more than 8 fluid ounces; and

(b) Is used in automotive applications that are: automotive
under-the-hood applications requiring heat, oil, or gasoline resistance;
and body-side molding, automotive weather stripping, or decorative trim.

Deodorant –

(a) For products manufactured before January 1, 2009, a product that is
intended by the manufacturer to be used to minimize odor in the human
axilla by retarding the growth of bacteria that cause the decomposition
of perspiration; and

(b) For products manufactured on or after January 1, 2009, a product
that indicates or depicts on the container or packaging, or on any
sticker or label affixed thereto, that the product can be used on or
applied to the human axilla to provide a scent or minimize odor.

Deodorant body spray –

(a) For products manufactured before January 1, 2009, a personal
fragrance product with 20 percent or less fragrance; and

(b) For products manufactured on or after January 1, 2009, a personal
fragrance product with 20 percent or less fragrance that is designed for
application all over the human body to provide a scent.

Dusting aid – does not include pressurized gas duster.

Electrical cleaner – a product labeled to remove heavy soils such as
grease, grime, or oil from electrical equipment, including electric
motors, armatures, relays, electric panels, or generators.  Electrical
cleaner does not include general purpose cleaner, general purpose
degreaser, dusting aid, electronic cleaner, energized electrical
cleaner, pressurized gas duster, engine degreaser, anti-static product,
or products designed to clean the castings or housings of electrical
equipment.

Electronic cleaner – a product labeled for the removal of dirt,
moisture, dust, flux or oxides from the internal components of
electronic precision equipment such as circuit boards, and the internal
components of electronic devices, including but not limited to radios,
compact disc (CD) players, digital video disc (DVD) and computers.
Electronic cleaner does not include general purpose cleaner, general
purpose degreaser, dusting aid, pressurized gas duster, engine
degreaser, electrical cleaner, energized electrical cleaner, anti-static
product, or products designed to clean the casings or housings of
electronic equipment.

Energized electrical cleaner – a product:

(a) That is labeled to clean or degrease electrical equipment where
cleaning and degreasing is accomplished when electrical current exists,
or when there is a residual electrical potential from a component, such
as a capacitor; and

(b) Whose label clearly displays the statements:  “Energized equipment
use only.  Not to be used for motorized vehicle maintenance, or their
parts.”  Energized electrical cleaner does not include electronic
cleaner.

Enforceable sales record includes other accurate product sales approved
by the Department as meeting the criteria specified in §B(65)(a) of
COMAR <IP_ADDRESS>.

Fabric refresher – a product labeled to neutralize or eliminate odors
on unlaundered fabric, including soft household surfaces, rugs,
carpeting, draperies, bedding, automotive interiors, footwear, athletic
equipment, clothing or on household furniture or objects upholstered or
covered with fabrics such as, but not limited to wool, cotton, or nylon.
 Fabric refresher does not include anti-static product, carpet and
upholstery cleaner, soft household surface sanitizers, footwear or
leather care product, spot remover, or disinfectant, or products labeled
for application to both fabric and human skin.  For the purpose of this
definition only, soft household surface sanitizer means a product
labeled to neutralize or eliminate odors on surfaces listed in
§B(69)(b) of COMAR <IP_ADDRESS> whose label is registered as a sanitizer
under the Federal Insecticide and Rodenticide Act (FIFRA, 7 U.S.C. 136
et. seq.).

Facial cleaner or soap – includes facial cleansing creams, semisolids,
liquids, lotions, and substrate-impregnated forms.

Floor and wall covering adhesive remover – a product designed or
labeled to remove floor or wall coverings and associated adhesives from
the underlying substrate.

Floor coating – a coating that is labeled and designed for application
to flooring, including but not limited to decks, porches, steps, and
other horizontal surfaces that may be subject to foot traffic.

Footwear or leather care product – any product designed or labeled to
be applied to footwear or to other leather articles and components to
maintain, enhance, clean, protect, or modify the appearance, durability,
or fit including both leather and nonleather foot apparel.  Foot or
leather care product does not include fabric protectant, general purpose
adhesive, contact adhesive, vinyl/fabric/leather/polycarbonate coating,
rubber and vinyl protectant, fabric refresher, products solely for
deodorizing, or sealant products with adhesive properties used to create
external protective layers greater than 2 millimeters thick.

Fragrance – a substance or complex mixture of aroma chemicals, natural
essential oils, and other functional components with a combined vapor
pressure not in excess of 2 mm of Hg at 20°C, intended solely to impart
an odor or scent or counteract a malodor.

Furniture maintenance product – does not include dusting aids, wood
cleaners, and products designed to leave a permanent finish such as
stains, sanding sealers, and lacquers.

Gasket or thread locking adhesive remover – a product designed or
labeled to remove gaskets or thread locking adhesives.  Gasket or thread
locking adhesive remover includes a product labeled for dual use as:

(a) A paint stripper and gasket remover, or

(b) A paint stripper and thread locking adhesive remover.

General purpose adhesive remover – a product designed or labeled to
remove cyanoacrylate adhesives as well as nonreactive adhesives or
residue from a variety of substrates.  General purpose adhesive remover
includes a product that removes:  thermoplastic adhesives; pressure
sensitive adhesives, dextrine or starch-based adhesives; casein glues;
rubber or latex-based adhesives; or products that remove stickers,
decals, stencils, or similar materials.  General purpose adhesive
remover does not include floor or wall covering adhesive remover.

General purpose degreaser – a product labeled to remove or dissolve
grease, grime, oil, and other oil-based contaminants from a variety of
substrates including automotive or miscellaneous metallic parts.
General purpose degreaser does not include engine degreaser, general
purpose cleaner, adhesive remover, electronic cleaner, electrical
cleaner, energized electrical cleaner, or metal polish or cleanser.

Graffiti remover – a product labeled to remove spray paint, ink,
marker, crayon, lipstick, nail polish, or shoe polish from a variety of
noncloth or nonfabric substrates.  Graffiti remover includes products
labeled for dual use as both a paint stripper and graffiti remover.
Graffiti remover does not include paint remover or stripper, nail polish
remover, or spot remover.

Hair shine does not include hair spray, hair mousse, hair styling
product, hair styling gel, or products of which the primary purpose is
to condition or hold the hair.

Hair spray –

(a) For products manufactured before January 1, 2009 – a consumer
product designed primarily for dispensing droplets of a resin on and
into a hair coiffure to impart sufficient rigidity to the coiffure to
establish or retain the style for a period of time; and

(b) For products manufactured on or after January 1, 2009 – a consumer
product that is applied to styled hair, and is designed or labeled to
provide sufficient rigidity to hold, retain, or finish the style of the
hair for a period of time and includes aerosol hair sprays, pump hair
sprays, spray waxes, color, glitter, or sparkle hair sprays that make
finishing claims and products that are both a styling and finishing
product.  Hair spray does not include spray products that are intended
to aid in styling but do not provide finishing of a hairstyle.  For the
purpose of this definition: finish or finishing means the maintaining
and holding of previously styled hair for a period of time; and styling
means the forming, sculpting, or manipulating the hair to temporarily
alter the hair’s shape.

Hair styling product – a consumer product manufactured on or after
January 1, 2009 that is designed or labeled for the application to wet,
damp or dry hair to aid in defining, shaping, lifting, styling, and
sculpting of the hair.  Hair styling product includes, but is not
limited to, hair balm, clay, cream, creme, curl straightener, gel,
liquid, lotion, paste, pomade, putty, root lifter, serum, spray gel,
stick, temporary hair straightener, wax, spray products that aid in
styling but do not provide finishing of a hairstyle, and leave-in
volumizers, detanglers, and conditioners that make styling claims.  Hair
styling product does not include hair mousse, hair shine, hair spray, or
shampoo and conditioners that are rinsed from the hair prior to styling.
 For the purpose of this definition:  finish or finishing means the
maintaining and holding of previously styled hair for a period of time;
and styling means forming, sculpting, or manipulating the hair
temporarily alter the hair’s shape.

Lawn and garden insecticide – an insecticide product labeled primarily
to be used in household lawn and garden areas to protect plants from
insects or other arthropods.

Liquid – a substance or mixture of substances that is capable of a
visually detectable flow as determined under ASTM D4359 (2000) el.

Low vapor pressure-VOC – a chemical compound or mixture that contains
at least one carbon atom with a vapor pressure less than 0.1 millimeters
of mercury at 20°C, as determined by CARB Method 310.  Lower vapor
pressure-VOC is a chemical compound with more than 12 carbon atoms or a
chemical mixture comprised solely of compounds with more than 12 carbon
atoms as verified by formulation data, and with unknown vapor pressure
and boiling point.

One-product business – a responsible alternative control plan (ACP)
party that sells, supplies, offers for sale, or manufactures for use in
the State only one distinct:

(a) ACP product that is sold under one product brand name and subject to
the requirements of COMAR <IP_ADDRESS> - .10; or

(b) ACP product line subject to the requirements of  COMAR <IP_ADDRESS> -
.10, in which all the ACP products belong to the same product category
or categories and the VOC contents in the products are within 98 percent
and 102 percent of the arithmetic mean of the VOC contents of the entire
product line.

Paint remover or stripper – does not include multi-purpose solvents,
paintbrush cleaners, products designed and labeled as graffiti removers,
or hand cleaner products that claim to remove paints and other related
coatings from skin.

Personal fragrance product – any product which is applied to the human
body or clothing for the primary purpose of adding a scent or masking a
malodor, including cologne, perfume, aftershave, and toilet water.
Personal fragrance product does not include deodorant; medicated
products designed primarily to alleviate fungal or bacterial growth on
feet or other areas of the body; mouthwashes, breath fresheners, and
deodorizers; lotion, moisturizers, powders, or other skin care products
used primarily to alleviate skin conditions such as dryness and
irritations; products designed exclusively for use on human genitalia;
soaps, shampoos and products primarily used to clean the human body; and
fragrance products designed to be used exclusively on nonhuman animals.

Pressurized gas duster – a pressurized product labeled to remove dust
from a surface solely by means of mass air or gas flow, including
surfaces such as photographs, photographic film negatives, computer
keyboards, and other types of surfaces that cannot be cleaned without
solvents.  Pressurized gas duster does not include dusting aid.

Product category – the applicable category that best describes the
product listed in COMAR <IP_ADDRESS> and .04B.

Product form – the applicable form that most accurately describes the
product’s dispensing form, such as aerosol product, solid, pump spray,
liquid, or gel as follows:

(a) A = aerosol product: S = solid; P = pump spray; L = liquid; and SS =
semisolid; and (b) O = other.

Reconciliation of shortfalls plan – the plan to be implemented by the
responsible ACP party when shortfalls have occurred, as approved by the
Department under COMAR <IP_ADDRESS>.

Shaving cream – an aerosol product that dispenses foam lather intended
to be used with a blade or cartridge razor, or other wet-shaving system
in the removal of facial or other bodily hair.  Shaving cream does not
include shaving gel.

Shaving gel – an aerosol product which dispenses a post-foaming
semisolid designed for use with a blade, cartridge razor, or other
shaving system in the removal of facial or other bodily hair.

Shaving gel does not include shaving cream.

Solid – a substance or mixture of substances that either whole or
subdivided (such as the particles comprising a powder), is not capable
of visually detectable flow as determined under ASTM D4359-90 (2000) el.

Specialty adhesive remover – a product designed to remove from a
variety of substrates reactive adhesives including epoxies, urethanes,
and silicones that require a hardener or catalyst in order for the bond
to occur.  Specialty adhesive remover does not include gasket or thread
locking adhesive remover.

Spot remover – a product labeled to clean localized areas or remove
localized spots or stains on cloth or fabric, such as drapes and
clothing that does not require subsequent laundering to achieve stain
removal.  Spot remover does not include dry cleaning fluid, laundry
prewash, or multi-purpose solvent.

State sales – the sales in the State, if available, or sales estimated
by incorporating national or regional sales data by population,
expressed as net pounds of product, less packaging and container.  If
the data in §B(179)(a) of COMAR <IP_ADDRESS> is not available, for a
consecutive 12-month period beginning not earlier than 2 years before
the due date of the redesignation.

Toilet and urinal care product – any product designed or labeled to
clean or to deodorize toilet bowls, toilet tanks, or urinals.  For
purposes of this definition, toilet bowls, toilet tanks, or urinals
include:

(a) Toilets or urinals connected to permanent plumbing in buildings and
other structures; (b) Portable toilets or urinals placed at temporary or
remote locations; and

(c) Toilets or urinals in vehicles such as buses, recreational motor
homes, boats, ships, and aircraft.

Toilet and urinal care product does not include bathroom and tile
cleaner or general purpose cleaner.

Vinyl/fabric/leather/polycarbonate coating – a coating designed and
labeled exclusively to coat vinyl, fabric, leather, or polycarbonate
substrates.

VOC content – except for charcoal lighter products, the total weight
of VOC in a product expressed as a percentage of the product weight,
excluding the container or packaging, as determined under COMAR
<IP_ADDRESS>A and B.

Wood cleaner – a product labeled to clean wooden materials including
decking, fences, flooring, logs, cabinetry, and furniture.  Wood cleaner
does not include dusting aid, general purpose cleaner, furniture
maintenance product, floor wax stripper, floor polish or wax, or
products designed and labeled exclusively to preserve or color wood.

General Standards

A.  A person is prohibited to sell, supply, offer for sale, or
manufacture for sale in the State a consumer product manufactured on or
after January 1, 2009 that contains VOC excess of the limits specified
in the table below.

B.  VOC Limits, expressed as percent VOC by weight (identical to CARB
limits)

Product Category	VOC Limits

Effective 1/1/2009

Contact adhesive:

    Contact special purpose

    General purpose

80

55

Adhesive removers:

    Floor or wall covering

    Gasket or thread locking

    General purpose

    Specialty

 5

50

20

70

Anti-static product, non-aerosol	11

Electrical cleaner	45

Electronic cleaner	75

Fabric refresher:

    Aerosol

    Non-aerosol

15

 6

Footwear or leather care products:

    Aerosol

    Solid

    Other forms

75

55

15

Graffiti remover:

    Aerosol

    Non-aerosol

50

30

Hair styling products:

    Aerosol and pump sprays

    All other forms

6

2

Shaving gel	7

Toilet/urinal care:

    Aerosol

    Non-aerosol

10

 3

Wood cleaner:

    Aerosol

    Non-aerosol

17

 4

C.  A person is prohibited to sell, supply, offer for sale, or
manufacture for sale in State any antiperspirant or deodorant which
contains any compound that has been identified by CARB in Title 17,
California Code of Regulations, Division 3, Chapter 1, Subchapter 7,
Section 93000 as a toxic air contaminant.

D.  Sell-through of Products.

1.  Sell-through period.  A consumer product manufactured prior to the
effective date in the table above, may be sold, supplied, or offered for
sale after the effective date.

 2.  Sell-through of products does not apply to:

(a) any consumer product that does not display on the product container
or package the date on which the product was manufactured, or a code
indicating such date, in accordance with COMAR <IP_ADDRESS>A; or

(b) solid air fresheners and toilet or urinal care products that contain
paradichlorobenzene, which are subject to the one-year sell-through
period specified in COMAR <IP_ADDRESS>.

E.  Requirements for Contact Adhesives, Electronic Cleaners, Footwear,
or Leather Care Products, and General Purpose Degreasers.

Except as provided in (2) and (4) below this section, effective January
1, 2009, a person is prohibited to sell, supply, offer for sale, or
manufacture for use in the State any contact adhesive, electronic
cleaner, footwear or leather care product, or general purpose degreaser
that contains any of the following:  ethylene chloride;
perchloroethylene; or trichloroethylene.

Sell-through of products.  Contact adhesives, electronic cleaners,
footwear or leather care products, and general purpose degreasers that
contain methylene chloride, perchloroethylene, or trichloroethylene and
were manufactured before January 1, 2009 may be sold, supplied, or
offered for sale until January 1, 2012, if:

(a) The product container or package displays the date on which the
product was manufactured; or

(b) A code indicates such date in accordance with COMAR <IP_ADDRESS>A.

A person who sells or supplies a consumer product identified in (1) of
this section, shall notify the purchaser of the product in writing that
the sell-through period for that product will end on January 1, 2012, if
both of the following are met:

(a) The product is sold or supplied to a distributor or retailer; and

(b) The product is sold or supplied on or after June 30, 2011.

Impurities.  The requirements in (1) and (3) of this section, do not
apply to any contact adhesive, electronic cleaner, footwear or leather
care product, or general purpose degreaser containing methylene
chloride, perchloroethylene, or trichloroethylene that is present as an
impurity in a combined amount equal to or less than 0.01 percent by
weight.

F.  Requirements for Adhesive Removers, Electrical Cleaners, and
Graffiti Removers.

Except as provided in (2) and (4) of this section, effective January 1,
2009, a person is prohibited to sell, supply, offer for sale, or
manufacture for use in the State any adhesive remover, electrical
cleaner, or graffiti remover that contains any of the following
compounds:  methylene chloride, perchloroethylene, or trichloroethylene.

Sell-through of products.  Adhesive removers, electrical cleaners, and
graffiti removers that contain methylene chloride, perchloroethylene, or
trichloroethylene and were manufactured before January 1, 2009, may be
sold, supplied, or offered for sale until January 1, 2012 if:

(a) The product container or package displays the date on which the
product was manufactured; or

(b) A code indicates such date in accordance with COMAR <IP_ADDRESS>A.

Any person who sells or supplies a consumer product identified in (1) of
this section will notify the purchaser of the product in writing that
the sell-through period for that product will end on January 1, 2012 if
both of the following conditions are met:

(a) The product is sold or supplied to a distributor or retailer; and

(b) The product is sold or supplied on or after June 30, 2011.

Impurities.  The requirements of (1) and (3) of this section do not
apply to any adhesive remover, electrical cleaner, or graffiti remover
containing methylene chloride,  perchloroethylene, or trichloroethylene
that is present as an impurity in a combined amount equal to or less
than 0.01 percent by weight.

G.  Requirements for Solid Air Fresheners and Toilet and Urinal
Products.

Effective January 1, 2009, a person is prohibited to sell, supply, offer
for sale, or manufacture for use in the State any solid air fresheners
or toilet and urinal care products that contain paradichlorobenzene,
except that solid air fresheners, toilet and urinal care products that
contain paradichlorobenzene and were manufactured before January 1,
2009, may be sold, supplied, or offered for sale until January 1, 2010,
if the product container or package displays:

(a) The date on which the product was manufactured, or

(b) A code indicating such date, in accordance with COMAR <IP_ADDRESS>A.

A person who sells or supplies any solid air freshener or toilet or
urinal care product that contains paradichlorobenzene will notify the
purchaser of the product in writing that the sell-through period for the
product will end on January 1, 2010, if both of the following are met:

(a) The product is sold or supplied to a distributor or retailer; and

(b) The product is sold or supplied on or after June 30, 2009.

H.  Administrative Requirements.

Product-Dating.

A code indicating the date of manufacture that is located on the
container or inside the cover or cap so that it is readily observable or
obtainable (by simply removing the cap or cover) without irreversibly
disassembling any part of the container or packaging or displayed on the
bottom of a container as long as it is clearly legible without removing
any product packaging.

A manufacturer who uses a code indicating the date of manufacture for a
consumer product subject to COMAR <IP_ADDRESS> - .10 will file an
explanation of the date portion of the code with the Department not
later than 12 months before the effective date of the applicable
standard in COMAR <IP_ADDRESS>B.

A manufacturer who uses the following code to indicate the date of
manufacture is not subject to the requirements of COMAR <IP_ADDRESS>A(3),
if the code is represented separately from other codes on the product
container so that it is easily recognizable:  YY DDD = year year day day
day, where “YY” = two digits representing the year in which the
product was manufactured; and “DDD” = three digits representing the
day of the year on which the product was manufactured, with “001”
representing the first day of the year, “002” representing the
second day of the year, and so forth (that is, “the Julian date”).

If a manufacturer changes any code indicating the date of manufacture
for any consumer product, an explanation of the modified code will be
submitted to the Department before any products displaying the modified
code are sold, supplied, or offered for sale in the State.

A person may not erase, alter, deface, or otherwise remove or make
illegible any date or code indicating the date of manufacture from any
regulated product container without the express authorization of the
manufacturer.

Date code explanations for codes indicating that date of manufacture are
public information, will be separate from any confidential information,
and may not be claimed confidential.

The requirements of COMAR <IP_ADDRESS>A do not apply to:

(a) Products containing no VOCs; or

(b) Products containing VOCs at 0.10 percent by weight or less.

Most Restrictive Limit.

Notwithstanding the definition of “product category” in COMAR
<IP_ADDRESS>, if a representation is made that a consumer product is
suitable for or may be used as a consumer product with a lower VOC limit
as specified in COMAR <IP_ADDRESS>B, and the representation appears on
the container, packaging or label or sticker affixed thereto, the lower
VOC limit will apply for:

(a) A consumer product manufactured before January 1, 2009; and

(b) A FIFRA-registered insecticide manufactured before January 1, 2010.

The requirement of COMAR <IP_ADDRESS>B(1) does not apply to a general
purpose cleaner, an antiperspirant or deodorant product, a product
intended to serve as an antiperspirant, deodorant, insecticide foggers,
and lawn and garden insecticide.

The requirement of COMAR <IP_ADDRESS>B(3) does not apply to a general
purpose cleaners, antiperspirant, deodorant products, insecticide
foggers, and lawn and garden insecticide.

Additional Labeling Requirements for Aerosol Adhesive, Adhesive Remover,
Electronic Cleaner, Electrical Cleaner, Energized Electrical Cleaner,
and Contact Adhesive.

Both the manufacturer and responsible party for each aerosol adhesive,
adhesive remover, electronic cleaner, electrical cleaner, energized
electrical cleaner, and contact adhesive product will ensure that all
products clearly display the following information on each product
container which is manufactured on or after the effective date for the
category specified in COMAR <IP_ADDRESS>B:

(a) The product category as specified in COMAR <IP_ADDRESS>B or an
abbreviation of the category; and

(b) The applicable VOC standard for the product in COMAR <IP_ADDRESS>B,
except for energized electrical cleaner expressed as a percentage by
weight, unless the product is included in an alternative control plan
approved by the Department as provided in COMAR <IP_ADDRESS> - .26, and
the product exceeds the applicable VOC standard.

I.   Reporting Requirements

Upon 90 days written notice, the Department may require a responsible
party to report the following information for a consumer product:

(a) The company name of the responsible party and the party’s address,
telephone number, and designated contact person; and

(b) For information by multiple companies, an identification of each
company which is 	submitting relevant data separate from that submitted
by the responsible party.

All information submitted by any person under this regulation will be
maintained in accordance with the confidentiality requirements in the
State Government Article, §10-617, Annotated Code of Maryland.

If the responsible party does not have or does not provide the
information requested by the Department, the Department will require the
reporting of this information by the person that has the information,
including, but not limited to, any formulator, manufacturer, supplier,
parent company, private labeler, distributor, or repackager.

C.  EPA EVALUATION:

Maryland’s amendments to the consumer products rule incorporate
requirements of the 2006 OTC model rule for consumer products that was
based on the changes made by CARB in July 2005.  Emission reductions in
Maryland based on projected population in 2009 and per capita emission
reduction benefit will be approximately 1.0 ton VOC per day in 2009.

D.  CONCLUSIONS AND RECOMMENDED AGENCY ACTION:

The amendments of the Consumer Products Rule adopted by Maryland will
result in the reduction of VOC emissions from the affected sources.  EPA
approval of the SIP revision is recommended.

 PAGE

 PAGE  16


[Federal Register Volume 88, Number 78 (Monday, April 24, 2023)]
[Proposed Rules]
[Pages 24743-24744]
[FR Doc No: 2023-07965]

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

40 CFR Parts 85, 86, 600, 1036, 1037, and 1066

[EPA-HQ-OAR-2022-0829; FRL 10850-01-OAR]

Public Hearing for Multi-Pollutant Emissions Standards for Model
Years 2027 and Later Light-Duty and Medium-Duty Vehicles

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notification of public hearing.

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

SUMMARY: The Environmental Protection Agency (EPA) is announcing a two-
day virtual public hearing to be held on May 9 and May 10, 2023, on its
proposal titled, ``Multi-Pollutant Emissions Standards for Model Years
2027 and Later Light-Duty and Medium-Duty Vehicles,'' which was signed
by Administrator Regan on April 11, 2023. An additional session may be
held on May 11, 2023, if necessary to accommodate the number of
testifiers that sign up to testify. EPA is proposing new, more
stringent emissions standards for greenhouse gases (GHG) and criteria
pollutants for light-duty vehicles and Class 2b and 3 (``medium-duty'')
vehicles that would phase-in over model years 2027 through 2032. In
addition, EPA is proposing GHG program revisions in several areas,
including off-cycle and air conditioning credits and vehicle
certification and compliance. EPA also is proposing new standards to
control refueling emissions from incomplete medium-duty vehicles, and
battery durability and warranty requirements for light-duty and medium-
duty plug-in vehicles.

DATES: EPA will hold a virtual public hearing on May 9 and May 10,
2023. An additional session may be held on May 11, 2023, if necessary
to accommodate the number of testifiers that sign-up to testify. Please
refer to the SUPPLEMENTARY INFORMATION section for additional
information on the public hearing and registration. See EPA's light-
duty GHG website at https://www.epa.gov/regulations-emissions-vehicles-and-engines/proposed-rule-multi-pollutant-emissions-standards-model for
any updates to this scheduled hearing as EPA does not intend to publish
a document in the Federal Register announcing updates.

ADDRESSES: The virtual public hearing will be held on May 9 and May 10,
2023. All hearing attendees (including those who do not intend to
provide testimony) should notify EPA of their intent to attend or speak
at the hearing

by pre-registering by May 2, 2023, preferably by email to [email protected] or by contacting the contact person listed under FOR
FURTHER INFORMATION CONTACT, below. Additional information regarding
the hearing appears below under SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Elizabeth Miller, Office of
Transportation and Air Quality, Assessment and Standards Division
(ASD), Environmental Protection Agency, 2000 Traverwood Drive, Ann
Arbor, MI 48105; telephone number:<PHONE_NUMBER>; email address: [email protected].

SUPPLEMENTARY INFORMATION: Under its Clean Air Act section 202
authority, the Environmental Protection Agency (EPA) is proposing new,
more stringent emissions standards for criteria pollutants and
greenhouse gases (GHG) for light-duty vehicles and Class 2b and 3
(``medium-duty'') vehicles that would phase-in over model years 2027
through 2032. In addition, EPA is proposing GHG program revisions in
several areas, including off-cycle and air conditioning credits, the
treatment of upstream emissions associated with zero-emission vehicles
and plug-in hybrid electric vehicles in compliance calculations, and
vehicle certification and compliance. EPA is also proposing new
standards to control refueling emissions from incomplete medium-duty
vehicles, and battery durability and warranty requirements for light-
duty and medium-duty plug-in vehicles. EPA is also proposing minor
amendments to update program requirements related to aftermarket fuel
conversions, importing vehicles and engines, evaporative emission test
procedures, and test fuel specifications for measuring fuel economy.
The ``Multi-Pollutant Emissions Standards for Model Years 2027 and
Later Light-Duty and Medium-Duty Vehicles'' proposed rule was signed on
April 11, 2023 and will be published in the Federal Register. The pre-
publication version is available at https://www.epa.gov/regulations-emissions-vehicles-and-engines/proposed-rule-multi-pollutant-emissions-standards-model.
    EPA is hosting a separate hearing for the ``Greenhouse Gas
Emissions Standards for Heavy-Duty Vehicles--Phase 3'' (HDP3) proposed
rule that was signed on April 11, 2023. For more information on the
HDP3 rule and how to attend the HDP3 hearing, visit the heavy-duty
vehicle and engine GHG rule website https://www.epa.gov/regulations-emissions-vehicles-and-engines/proposed-rule-greenhouse-gas-emissions-standards-heavy.

Participation in Virtual Public Hearing

    To register to speak at the virtual hearing or attend the hearing
(including those who do not intend to provide testimony) please notify
EPA by May 2, 2023, preferably by email to [email protected], or
by contacting the contact person listed under FOR FURTHER INFORMATION
CONTACT. While pre-registration by May 2, 2023, is preferred,
registration will be open through the last day of the hearing. EPA will
provide participants with the option to enable live closed captioning
and if requested, Spanish interpretation during the hearing. If you are
requesting special accommodations, please pre-register for the hearing
and describe your needs by May 2. To the extent possible, EPA will work
to accommodate requests to register or testify received after May 2,
though EPA may not be able to arrange accommodations without advanced
notice. Instructions and a link to join the hearing will be provided
via email to all participants that register.
    Each commenter will have a maximum of three minutes to provide oral
testimony. EPA may ask clarifying questions during the oral
presentations but will not respond to the presentations at that time.
EPA recommends submitting the text of your oral comments as written
comments to the rulemaking docket for this action (Docket ID EPA-HQ-
OAR-2022-0829); please clearly mark your submittal as hearing
testimony. Written statements and supporting information submitted
during the comment period will be considered with the same weight as
oral comments and supporting information presented at the public
hearing.
    The testimony provided will be transcribed and included as a part
of the record in the docket for this rulemaking. Additional written
comments may be submitted to the rulemaking docket, which may be
accessed via www.regulations.gov. Do not include, either in testimony
or written comments submitted directly to the docket, any information
you consider to be sensitive information, including but not limited to
Confidential Business Information (CBI)/Proprietary Business
Information (PBI), medical information about someone other than
yourself, or any information whose disclosure is restricted by an
applicable authority. Please visit https://www.epa.gov/dockets/commenting-epa-dockets for additional submission methods; the full EPA
public comment policy; information about how to submit sensitive
information such as CBI/PBI, or multimedia submissions; and general
guidance on making effective comments.
    Please note that any updates made to any aspect of the hearing
logistics, including a potential additional session on May 11, 2023,
will be posted online at the rule website https://www.epa.gov/regulations-emissions-vehicles-and-engines/proposed-rule-multi-pollutant-emissions-standards-model. While EPA expects the hearing to
go forward as set forth above, please monitor our website or contact
the person listed in the FOR FURTHER INFORMATION CONTACT section to
determine if there are any updates. EPA does not intend to publish a
document in the Federal Register announcing updates.

How can I get copies of the proposed action and other related
information?

    EPA has established a docket for this action under Docket ID No.
EPA-HQ-OAR-2022-0829. EPA has also developed a website for this
proposal, which is available at https://www.epa.gov/regulations-emissions-vehicles-and-engines/proposed-rule-multi-pollutant-emissions-standards-model. Please refer to the notice of proposed rulemaking for
detailed information related to the proposal.

William Charmley,
Director, Assessment and Standards Division, Office of Transportation
and Air Quality.
[FR Doc. 2023-07965 Filed 4-21-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 85, Number 93 (Wednesday, May 13, 2020)]
[Notices]
[Page 28656]
[FR Doc No: 2020-10191]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4521-DR; Docket ID FEMA-2020-0001]

Nebraska; Amendment No. 1 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Nebraska (FEMA-4521-DR), dated April 4, 2020, and
related determinations.

DATES: This amendment was issued April 30, 2020.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of Nebraska is hereby amended to include Individual
Assistance limited to the Crisis Counseling Program for those areas
determined to have been adversely affected by the event declared a
major disaster by the President in his declaration of April 4, 2020.

    Individual Assistance limited to the Crisis Counseling Program
for all areas in the State of Nebraska (already designated for
emergency protective measures [Category B] not authorized under
other Federal statutes, including direct Federal assistance).
    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050 Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

Pete Gaynor,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2020-10191 Filed 5-12-20; 8:45 am]
 BILLING CODE 9111-23-P