[Federal Register Volume 82, Number 98 (Tuesday, May 23, 2017)]
[Notices]
[Pages 23636-23639]
[FR Doc No: 2017-10463]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80707; File No. SR-NYSEArca-2017-54]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
of Proposed Rule Change To Amend NYSE Arca Equities Rule 5.2(j)(6)
Relating to Equity Index-Linked Securities

May 17, 2017.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on May 4, 2017, NYSE Arca, Inc. (the ``Exchange'' or ``NYSE
Arca'') filed with the Securities and Exchange Commission (the
``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 the
Substance of the Proposed Rule Change

    The Exchange proposes to amend NYSE Arca Equities Rule 5.2(j)(6) to
exclude Investment Company Units, securities defined in Section 2 of
NYSE Arca Equities Rule 8 and Index-Linked Securities when applying the
quantitative generic listing criteria applicable to Equity Index-Linked
Securities. The proposed 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 NYSE Arca Equities Rule 5.2(j)(6) to
exclude Investment Company Units (``Units'') and securities defined in
Section 2 of NYSE Arca Equities Rule 8 (collectively, together with
Units, ``Derivative Securities Products''),\4\ as well as Index-Linked
Securities \5\ when applying the quantitative generic listing criteria
applicable to Equity Index-Linked Securities.
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    \4\ Units are securities that represent an interest in a
registered investment company that could be organized as a unit
investment trust, an open-end management investment company, or a
similar entity, that holds securities comprising, or otherwise based
on or representing an interest in, an index or portfolio of
securities or securities in another registered investment company
that holds such securities. See NYSE Arca Equities Rule 5.2(j)(3).
The following securities currently are included in Section 2 of NYSE
Arca Equities Rule 8: Portfolio Depositary Receipts (Rule 8.100);
Trust Issued Receipts (Rule 8.200); Commodity-Based Trust Shares
(Rule 8.201); Currency Trust Shares (Rule 8.202); Commodity Index
Trust Shares (Rule 8.203); Commodity Futures Trust Shares (Rule
8.204); Partnership Units (Rule 8.300); Paired Trust Shares (Rule
8.400); Trust Units (Rule 8.500); Managed Fund Shares (Rule 8.600);
and Managed Trust Securities (Rule 8.700).
    \5\ Index-Linked Securities are securities that qualify for
Exchange listing and trading under NYSE Arca Equities Rule
5.2(j)(6). The securities described in Rule 5.2(j)(3), Rule
5.2(j)(6) and Section 2 of Rule 8, as referenced above, would
include securities listed on another national securities exchange
pursuant to substantially equivalent listing rules.
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    Equity Index-Linked Securities are securities that provide for the
payment at maturity (or earlier redemption) based on the performance of
an underlying index or indexes of equity securities, securities of
closed-end management investment companies registered under the
Investment Company Act of 1940 \6\ and/or Units.\7\ In addition to
certain other generic listing criteria, Equity Index-Linked Securities
must satisfy the generic quantitative initial and continued listing
criteria under NYSE Arca Equities Rule 5.2(j)(6)(B)(I) in order to
become, and continue to be, listed and traded on the Exchange. Certain
of the applicable quantitative criteria specify minimum or maximum
thresholds that must be satisfied with respect to, for example, market
value,

trading volume, and dollar weight of the index represented by a single
component or groups of components.
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    \6\ 15 U.S.C. 80-1.
    \7\ See Rule 5.2(j)(6)(B)(I)(1).
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    The applicable initial quantitative listing criteria include (i)
that each underlying index is required to have at least ten component
securities; \8\ (ii) that each component security has a minimum market
value of at least $75 million, except that for each of the lowest
dollar weighted component securities in the index that in the aggregate
account for no more than 10% of the dollar weight of the index, the
market value can be at least $50 million; (iii) that component stocks
that in the aggregate account for at least 90% of the weight of the
index each have a minimum global monthly trading volume of 1,000,000
shares, or minimum global notional volume traded per month of
$25,000,000, averaged over the last six months; (iv) that no underlying
component security represents more than 25% of the dollar weight of the
index, and the five highest dollar weighted component securities in the
index do not in the aggregate account for more than 50% of the dollar
weight of the index (60% for an index consisting of fewer than 25
component securities); and (v) that 90% of the index's numerical value
and at least 80% of the total number of component securities meet the
then current criteria for standardized option trading set forth in NYSE
Arca Rule 5.3; except that an index will not be subject to this last
requirement if (a) no underlying component security represents more
than 10% of the dollar weight of the index and (b) the index has a
minimum of 20 components.\9\ The applicable continued quantitative
listing criteria require that component stocks that in the aggregate
account for at least 90% of the weight of the index each have a minimum
global monthly trading volume of 500,000 shares, or minimum global
notional volume traded per month of $12,500,000, averaged over the last
six months.\10\
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    \8\ See Rule 5.2(j)(6)(B)(I)(1)(a).
    \9\ See Rule 5.2(j)(6)(B)(I)(1)(b)(i)-(iv).
    \10\ See Rule 5.2(j)(6)(B)(I)(2)(a)(ii).
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    The Exchange proposes to amend NYSE Arca Equities Rule
5.2(j)(6)(B)(I)(1)(a), which provides that each underlying index is
required to have at least ten component securities, to provide that
there shall be no minimum number of component securities if one or more
issues of Derivative Securities Products or Index-Linked Securities
constitute, at least in part, component securities underlying an issue
of Equity Index-Linked Securities. The Exchange also proposes to
exclude Derivative Securities Products and Index-Linked Securities from
consideration when determining whether the applicable quantitative
generic thresholds have been satisfied under the initial listing
standards specified in NYSE Arca Equities Rule
5.2(j)(6)(B)(I)(1)(b)(i)-(iv) and the continued listing standards
specified in NYSE Arca Equities Rules 5.2(j)(6)(B)(I)(2)(a)(i) and
(ii).\11\ Thus, for example, when determining compliance with NYSE Arca
Equities Rule 5.2(j)(6)(B)(I)(1)(b)(ii), component stocks, excluding
Derivative Securities Products or Index-Linked Securities, that in the
aggregate account for at least 90% of the remaining index weight,
excluding any Derivative Securities Products or Index-Linked Securities
would be required to have a minimum global monthly trading volume of 1
million shares, or minimum global notional volume traded per month of
25 million, averaged over the last six months.
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    \11\ NYSE Arca Equities Rules 5.2(j)(6)(B)(I)(2)(a)(i) and (ii)
provide that the Corporation will maintain surveillance procedures
for securities listed under Rule 5.2(j)(6) and may halt trading in
such securities and will initiate delisting proceedings pursuant to
Rule 5.5(m) (unless the Commission has approved the continued
trading of the subject Index-Linked Security), if any of the
standards set forth in Rules 5.2(j)(6)(B)(I)(1)(a) and
5.2(j)(6)(B)(I)(1)(b)(2) are not continuously maintained, except
that: (i) The criteria that no single component represent more than
25% of the dollar weight of the index and the five highest dollar
weighted components in the index cannot represent more than 50% (or
60% for indexes with less than 25 components) of the dollar weight
of the index, need only be satisfied at the time the index is
rebalanced (Rule 5.2(j)(6)(B)(I)(2)(a)(i)), and (ii) component
stocks that in the aggregate account for at least 90% of the weight
of the index each shall have a minimum global monthly trading volume
of 500,000 shares, or minimum global notional volume traded per
month of $12,500,000, averaged over the last six months (Rule
5.2(j)(6)(B)(I)(2)(a)(ii)).
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    The Exchange believes that it is appropriate to exclude Derivative
Securities Products and Index-Linked Securities from the generic
listing and continued listing criteria specified above for Equity
Index-Linked Securities because Derivative Securities Products and
Index-Linked Securities that may be included in an index or portfolio
underlying a series of Equity Index-Linked Securities are themselves
subject to specific initial and continued listing requirements of the
exchange on which they are listed. For example, Units listed and traded
on the Exchange are subject to the listing standards specified under
NYSE Arca Equities Rule 5.2(j)(3). Also, Derivative Securities Products
and Index-Linked Securities would have been listed and traded on an
exchange pursuant to a filing submitted under Sections 19(b)(2) or
19(b)(3)(A) of the Act,\12\ or would have been listed by an exchange
pursuant to the requirements of Rule 19b-4(e) under the Act.\13\
Derivative Securities Products and Index-Linked Securities are
derivatively priced, and, therefore, the Exchange does not believe that
it is necessary to apply the generic quantitative criteria (e.g.,
market capitalization, trading volume, or component weighting)
applicable to securities that are not Derivative Securities Products or
Index-Linked Securities (e.g., common stocks) to such products.
Finally, by way of comparison, Derivative Securities Products are
excluded from consideration when determining whether the components of
Units satisfy the applicable listing criteria in Rule 5.2(j)(3),\14\
and both Derivative Securities Products and Index-Linked Securities are
excluded from the applicable listing criteria for Managed Fund Shares
holding equity securities in Commentary .01 to Rule 8.600.\15\
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    \12\ 15 U.S.C. 78s(b)(2); 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(e).
    \14\ See Commentary .01 to NYSE Arca Equities Rule 5.2(j)(3).
See also, Securities Exchange Act Release No. 57751 (May 1, 2008),
73 FR 25818 (May 7, 2008) (SR-NYSEArca-2008-29) (order approving
amendments to the eligibility criteria for components of an index
underlying Investment Company Units).
    \15\ See Commentary .01 to NYSE Arca Equities Rule 8.600. See
also, Securities Exchange Act Release No. 78397 (July 22, 2016), 81
FR 49320 (July 27, 2016) (SR-NYSEArca-2015-110) (order approving
amendments to NYSE Arca Equities Rule 8.600 to adopt generic listing
standards for Managed Fund Shares).
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    The Exchange also proposes to replace ``investment company units''
with ``Investment Company Units'' in two places in NYSE Arca Equities
Rule 5.2(j)(6)(B)(I)(1) in order to conform to other usages of this
term in Exchange rules. In addition, the Exchange proposes to replace
the word ``Index'' with ``index'' in two places in Rule
5.2(j)(6)(B)(I)(2)(a)(i) to conform to other usages of this word in
Rule 5.2(j)(6)(B)(I)(2).
    The Exchange notes that the proposed change is not otherwise
intended to address any other issues and that the Exchange is not aware
of any problems that ETP Holders or issuers would have in complying
with the proposed change.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\16\ in general, and furthers the
objectives of Section 6(b)(5) of the Act,\17\ in particular, because it
is designed to prevent fraudulent and manipulative acts and practices,
to

promote just and equitable principles of trade, to remove impediments
to, and perfect the mechanism of a free and open market and, in
general, to protect investors and the public interest.
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    \16\ 15 U.S.C. 78f(b).
    \17\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes that the proposed change would facilitate the
listing and trading of additional types of Equity Index-Linked
Securities, which would enhance competition among market participants,
to the benefit of investors and the marketplace. The proposed change
would also result in greater efficiencies in the listing process with
respect to Equity Index-Linked Securities by eliminating an unnecessary
consideration regarding underlying components, which would therefore
remove impediments to, and perfect the mechanism of, a free and open
market. In addition, the proposed amendment to the Equity Index-Linked
Securities listing criteria is intended to protect investors and the
public interest in that it is consistent with the manner in which
Derivative Securities Products are also excluded from consideration
when determining whether the components of an index or portfolio
underlying an issue of Units satisfy the applicable listing
criteria,\18\ and both Derivative Securities Products and Index-Linked
Securities are excluded from the applicable listing criteria for
Managed Fund Shares holding equity securities in Commentary .01 to Rule
8.600.\19\ Additionally, Equity Index-Linked Securities would remain
subject to all existing listing standards, thereby maintaining existing
levels of investor protection. The Exchange believes that the proposed
rule change is designed to prevent fraudulent and manipulative acts and
practices because the Equity Index-Linked Securities would continue to
be listed and traded on the Exchange pursuant to the initial and
continued listing criteria in Rule 5.2(j)(6). Further, the proposed
change would not impact the existing listing process for Derivative
Securities Products and Index-Linked Securities, whereby the exchanges
on which such securities are listed must, for example, submit proposed
rule changes with the Commission prior to listing and trading.
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    \18\ See supra, note 14.
    \19\ See supra, note 15.
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    The Exchange believes that it is appropriate to exclude Derivative
Securities Products and Index-Linked Securities from the generic
criteria specified above for Equity Index-Linked Securities because
Derivative Securities Products and Index-Linked Securities that may be
included in an index or portfolio underlying a series of Equity Index-
Linked Securities are themselves subject to specific initial and
continued listing requirements of the exchange on which they are
listed. For example, Units listed and traded on the Exchange are
subject to the listing standards specified under NYSE Arca Equities
Rule 5.2(j)(3). Also, such Derivative Securities Products and Index-
Linked Securities would have been listed and traded on an exchange
pursuant to a filing submitted under Sections 19(b)(2) or 19(b)(3)(A)
of the Act,\20\ or would have been listed by an exchange pursuant to
the requirements of Rule 19b-4(e) under the Act.\21\ The Exchange
believes that quantitative factors--such as market value, global
monthly trading volume, or weighting--when applied to index components
(such as common stocks) underlying a series of Equity Index-Linked
Securities, are relevant criteria in establishing that such series is
sufficiently broad-based to minimize potential manipulation.\22\
Derivative Securities Products and Index-Linked Securities, however,
are derivatively priced, and, therefore, the Exchange does not believe
that it is necessary to apply the generic quantitative criteria
applicable to securities that are not Derivative Securities Products
and Index-Linked Securities (e.g., common stocks) to such products. As
noted above, Derivative Securities Products are excluded from
consideration on NYSE Arca when determining whether the components of
Units satisfy the applicable listing criteria,\23\ and both Derivative
Securities Products and Index-Linked Securities are excluded from the
applicable listing criteria for Managed Fund Shares holding equity
securities in Commentary .01 to Rule 8.600. Moreover, for shares of
Derivative Securities Products that are not listed on an exchange
pursuant to an exchange's generic listing rules, the Commission must
first approve an exchange's proposed rule change under Section 19(b) of
the Act regarding a particular Derivative Securities Product or Index-
Linked Securities, which is subject to the representations and
restrictions included in such proposed rule change. The Exchange also
believes it is appropriate to exclude Derivative Securities Products
and Index-Linked Securities from the requirement under NYSE Arca
Equities Rule 5.2(j)(6)(B)(I)(1)(b)(iv) that 90% of the applicable
index's numerical value and at least 80% of the total number of
component securities will meet the criteria for standardized option
trading set forth in NYSE Arca Rule 5.3. Rule 5.3 includes criteria for
securities underlying option contracts approved for listing and trading
on the Exchange. Among such criteria are those applicable to
``Exchange-Traded Fund Shares'' (as referenced in NYSE Arca Rule
5.3(g)), Trust Issued Receipts (as referenced in NYSE Arca Rule
5.3(h)), Partnership Units (as referenced in NYSE Arca Rule 5.3(i)) and
Index-Linked Securities (as referenced in NYSE Arca Rule 5.3(j)) that
underlie Exchange-traded option contracts. The Exchange does not
believe that criteria in Rule 5.3 should be applied to Derivative
Securities Products and Index-Linked Securities because such securities
are subject to separate numerical and other criteria included in the
applicable exchange listing rules, including both generic listing rules
permitting listing pursuant to Rule 19b-4(e) and non-generic listing
rules. Derivative Securities Products and Index-Linked Securities that
are the subject of a Commission approval order under Section 19(b) of
the Act also are subject to specific representations made in the
applicable Rule 19b-4 filing. These include representations regarding
the existence of comprehensive surveillance agreements between the
applicable exchange and the principal markets for certain financial
instruments underlying Derivative Securities Products, or percentage
limitations on assets (e.g., non-U.S. stocks, futures and options)
whose principal market is not a member of the Intermarket Surveillance
Group

(``ISG'').\24\ The proposed replacement of ``investment company units''
with ``Investment Company Units'' in two places in NYSE Arca Equities
Rule 5.2(j)(6)(B)(I)(1) is appropriate as such changes conform to other
usages of this term in Exchange rules. The proposed replacement of the
word ``Index'' with ``index'' in two places in Rule
5.2(j)(6)(B)(I)(2)(a)(i) is appropriate as such changes would conform
to other usages of this word in Rule 5.2(j)(6)(B)(I)(2).
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    \20\ 15 U.S.C. 78s(b)(2); 15 U.S.C. 78s(b)(3)(A).
    \21\ 17 CFR 240.19b-4(e).
    \22\ See, e.g., Securities Exchange Act Release No. 54739
(November 9, 2006), 71 FR 66693 (SR-Amex-2006-78) (order approving
generic listing standards for Portfolio Depositary Receipts and
Index Fund Shares based on international or global indexes), in
which the Commission stated that ``these standards are reasonably
designed to ensure that stocks with substantial market
capitalization and trading volume account for a substantial portion
of any underlying index or portfolio, and that when applied in
conjunction with the other applicable listing requirements, will
permit the listing only of ETFs that are sufficiently broad-based in
scope to minimize potential manipulation.''
    \23\ See Commentary .01 to NYSE Arca Equities Rule 5.2(j)(3).
See also Securities Exchange Act Release No. 57751 (May 1, 2008), 73
FR 25818 (May 7, 2008) (SR-NYSEArca-2008-29) (order approving
amendments to eligibility criteria for components of an index
underlying Investment Company Units), in which the Commission noted
that ``based on the trading characteristics of Derivative Securities
Products, it may be difficult for component Derivative Securities
Products to satisfy certain quantitative index criteria, such as the
minimum market value and trading volume limitations. However,
because Derivative Securities Products are themselves subject to
specific initial and continued listing requirements, the Commission
believes that it would be reasonable to exclude Derivative
Securities Products, as components, from certain index component
eligibility criteria for [Investment Company] Units.''
    \24\ See, e.g., Securities Exchange Act Release No. 76719
(December 21, 2015), 80 FR 80859 (December 28, 2015) (order
approving Exchange listing and trading of shares of the Guggenheim
Total Return Bond ETF (``Fund'') under NYSE Arca Equities Rule
8.600), which filing stated: ``Not more than 10% of the net assets
of the Fund in the aggregate invested in equity securities (other
than non-exchange-traded investment company securities) will consist
of equity securities whose principal market is not a member of the
ISG or is a market with which the Exchange does not have a
comprehensive surveillance sharing agreement. In addition, not more
than 10% of the net assets of the Fund in the aggregate invested in
futures contracts or exchange-traded options contracts will consist
of futures contracts or exchange-traded options contracts whose
principal market is not a member of ISG or is a market with which
the Exchange does not have a comprehensive surveillance sharing
agreement.''
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    The Exchange has in place surveillance procedures that are adequate
to properly monitor trading in Index-Linked Securities in all trading
sessions and to deter and detect violations of Exchange rules and
applicable federal securities laws. All Index-Linked Securities listed
pursuant to NYSE Arca Equities Rule 5.2(j)(6) are included within the
definition of ``security'' or ``securities'' as such terms are used in
the Exchange rules and, as such, are subject to Exchange rules and
procedures that currently govern the trading of securities on the
Exchange. Trading in the securities will be halted under the conditions
specified in NYSE Arca Equities Rule 5.2(j)(6)(E).
    For these reasons, the Exchange believes that the proposal is
consistent with the Act.

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

    In accordance with Section 6(b)(8) of the Act,\25\ 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 Act. Instead, the Exchange believes that the
proposed change will encourage competition by enabling additional types
of Equity Index-Linked Securities to be listed on the Exchange and, by
eliminating an unnecessary consideration regarding underlying
components, create a more efficient process surrounding the listing of
Equity Index-Linked Securities.
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    \25\ 15 U.S.C. 78f(b)(8).
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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 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 No. SR-NYSEArca-2017-54 on the subject line.

Paper Comments

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

All submissions should refer to File No. SR-NYSEArca-2017-54. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal 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 No. SR-NYSEArca-2017-54, and should be
submitted on or before June 13, 2017.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\26\
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    \26\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-10463 Filed 5-22-17; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 152 (Friday, August 7, 2015)]
[Notices]
[Page 47555]
[FR Doc No: 2015-19453]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

Reports, Forms, and Record Keeping Requirements Agency
Information Collection Activity Under OMB Review

AGENCY: National Highway Traffic Safety Administration (NHTSA), U.S.
Department of Transportation (DOT).

ACTION: Notice

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.), this notice announces that the Information
Collection Request (ICR) abstracted below has been forwarded to the
Office of Management and Budget (OMB) for review and comment. The ICR
describes the nature of the information collection and its expected
burden. The Federal Register Notice with a 60-day comment period
soliciting public comments was published on March 25, 2015 (Federal
Register/Vol. 80, No. 57/pp. 15866-15867).

DATES: Comments must be submitted on or before September 8, 2015.

ADDRESSES: Send comments, within 30 days, to the Office of Information
and Regulatory Affairs, Office of Management and Budget, 725-17th
Street NW., Washington, DC 20503, Attention NHTSA Desk Officer.

FOR FURTHER INFORMATION CONTACT: Dr. Kathy Sifrit,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
    Title: Older Drivers' Self-Regulation and Exposure.
    Type of Request: New information collection requirement.
    Abstract: Research has shown that drivers 75 and over have a crash
rate nearly double that of drivers between the ages of 25 and 65. In
addition to increased crash rates, older drivers are also more likely
to be killed in automobile crashes when compared to younger age groups.
Some research showed that drivers aged 75 to 79 were 3.5 times more
likely to be killed in an automobile crash than drivers 30 to 65 years
of age. This ratio jumped to 9.5 after age 80. Factors such as
declining cognitive and motor skills may help explain these older
driver crash statistics. Some older drivers may attempt to offset any
functional declines by adopting compensatory or self-regulatory
behaviors (e.g., slowing down, braking earlier, limiting conditions or
times of day in which they drive, and/or voluntarily giving up
driving).
    This research effort is focused on determining how much older
drivers self-regulate their driving through changes in behaviors or by
reducing exposure. The project involves an initial questionnaire
collecting information from licensed drivers about their age, driver
license status, driving habits, vehicle type and age, and the extent to
which they self-limit their driving exposure. The project plans to
recruit a total of 60 participants, 20 of whom are 60-69, 20 who are
70-79, and 20 who are 80+ years of age. Staff will attempt to recruit
equal numbers of males and females in each age group and to distribute
the ages across each interval. Qualifying participants will have a
tracking device installed in the vehicle for approximately 30 days. The
device will record all trips made by the participant. At the end of the
30-day tracking period, each participant will be asked to take a
battery of standard clinical functional measures and complete an on-
road driving assessment administered by a certified driving
rehabilitation specialist. Researchers will examine the driving
behaviors of participants based on age group and other covariates
collected during the initial questionnaire and assessments.
    The results of this project will assist NHTSA in determining the
relative extent to which older drivers appear to be aware of their
cognitive and motor skill deterioration, and whether their perception
of declining ability was affecting driving behaviors and exposure.
    Affected Public: Participants will include 60 licensed drivers who
drive a minimum of 3 trips per week, 20 of whom are 60-69, 20 who are
70-79, and 20 who are 80+ years of age.
    Estimated Total Annual Burden: 120 hours maximum.
    Comments are invited on the following:
    (i) Whether the proposed collection of information is necessary for
the proper performance of the functions of the agency, including
whether the information will have practical utility;
    (ii) the accuracy of the Department's estimate of the burden of the
proposed information collection;
    (iii) ways to enhance the quality, utility and clarity of the
information to be collected; and
    (iv) ways to minimize the burden of the collection of information
on respondents, including the use of automated collection techniques or
other forms of information technology.
    A comment to OMB is most effective if OMB receives it within 30
days of publication of this notice.

    Authority:  44 U.S.C. Section 3506(c)(2)(A).

    Issued on: August 4, 2015.
Jeff Michael,
Associate Administrator, Research and Program Development.
[FR Doc. 2015-19453 Filed 8-6-15; 8:45 am]
BILLING CODE 4910-59-P


[Federal Register Volume 88, Number 142 (Wednesday, July 26, 2023)]
[Notices]
[Pages 48248-48249]
[FR Doc No: 2023-15815]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2023-0075; FRL-11149-01-OCSPP]

Notice of Receipt of Requests To Voluntarily Cancel Certain
Pesticide Registrations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: In accordance with the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA), EPA is issuing a notice of receipt of requests
by registrants to voluntarily cancel certain pesticide registrations.
EPA intends to grant these requests at the close of the comment period
for this announcement unless the Agency receives substantive comments
within the comment period that would merit its further review of the
requests, or unless the registrants withdraw its requests. If these
requests are granted, any sale, distribution, or use of products listed
in this notice will be permitted after the registrations have been
cancelled only if such sale, distribution, or use is consistent with
the terms as described in the final order.

DATES: Comments must be received on or before January 22, 2024.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2023-0075, through the Federal eRulemaking
Portal at https://www.regulations.gov. Follow the online instructions
for submitting comments. Do not submit electronically any information
you consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Additional
instructions on commenting and visiting the docket, along with more
information about dockets generally, is available at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Christopher Green, Registration
Division (7505T), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>; email address:
[email protected].

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.

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.

    2. Tips for preparing your comments. When preparing and submitting
your comments, see the commenting tips at https://www.epa.gov/dockets/comments.html.

II. What action is the Agency taking?

    This notice announces receipt by the Agency of requests from
registrants to cancel certain pesticide products registered under FIFRA
section 3 (7 U.S.C. 136a) or 24(c) (7 U.S.C. 136v(c)). These
registrations are listed in sequence by registration number (or company
number and 24(c) number) in Table 1 of this unit.
    Unless the Agency determines that there are substantive comments
that warrant further review of the requests or the registrants withdraw
their requests, EPA intends to issue an order in the Federal Register
canceling all of the affected registrations.

                          Table 1--Registrations With Pending Requests for Cancellation
----------------------------------------------------------------------------------------------------------------
            Registration No.                Company No.          Product name             Active ingredients
----------------------------------------------------------------------------------------------------------------
10163-171...............................           10163  Imidan 1-E Insecticide....  Phosmet (059201/732-11-6)--
                                                                                (11.7%).
10163-215...............................           10163  Imidan 2.5-EC.............  Phosmet (059201/732-11-6)--
                                                                                (27.5%).
10163-313...............................           10163  Imidan 60 WDG.............  Phosmet (059201/732-11-6)--
                                                                                (60%).
----------------------------------------------------------------------------------------------------------------

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

         Table 2--Registrants Requesting Voluntary Cancellation
------------------------------------------------------------------------
        EPA company No.                  Company name and address
------------------------------------------------------------------------
10163..........................  Gowan Company, LLC, 370 S Main St.,
                                  Yuma, AZ 85366.
------------------------------------------------------------------------

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

    Section 6(f)(1) of FIFRA (7 U.S.C. 136d(f)(1)) provides that a
registrant of a pesticide product may at any time request that any of
its pesticide registrations be canceled. FIFRA further provides that,
before acting on the request, EPA must publish a notice of receipt of
any such request in the Federal Register.
    Section 6(f)(1)(B) of FIFRA (7 U.S.C. 136d(f)(1)(B)) requires that
before acting on a request for voluntary cancellation, EPA must provide
a 30-day public comment period on the request for voluntary
cancellation or use termination. In addition, FIFRA section 6(f)(1)(C)
(7 U.S.C. 136d(f)(1)(C)) requires that EPA provide a 180-day comment
period on a request for voluntary cancellation or termination of any
minor agricultural use before granting the request, unless:
    1. The registrants request a waiver of the comment period, or
    2. The EPA Administrator determines that continued use of the
pesticide would pose an unreasonable adverse effect on the environment.
    The registrants in Table 2 of Unit II, have not requested that EPA
waive the 180-day comment period. Accordingly, EPA will provide a 180-
day comment period on the proposed requests.

IV. Procedures for Withdrawal of Request

    Registrants who choose to withdraw a request for cancellation
should submit such withdrawal in writing to the person listed under FOR
FURTHER INFORMATION CONTACT. If the products have been subject to a
previous cancellation action, the effective date of cancellation and
all other provisions of any earlier cancellation action are
controlling.

V. Provisions for Disposition of Existing Stocks

    Existing stocks are those stocks of registered pesticide products
that are currently in the United States and that were packaged,
labeled, and released for shipment prior to the effective date of the
cancellation action. Because the Agency has identified no significant
potential risk concerns associated with these pesticide products, upon
cancellation of the products identified in Table 1 of Unit II, EPA
anticipates allowing registrants to sell and distribute existing stocks
of these products for 1 year after publication of the Cancellation
Order in the Federal Register.
    Thereafter, registrants will be prohibited from selling or
distributing the pesticides identified in Table 1 of Unit II, except
for export consistent with FIFRA section 17 (7 U.S.C. 136o) or for
proper disposal. Persons other than registrants will generally be
allowed to sell, distribute, or use existing stocks until such stocks
are exhausted, provided that such sale, distribution, or use is
consistent with the terms of the previously approved labeling on, or
that accompanied, the canceled products.
    Authority: 7 U.S.C. 136 et seq.

    Dated: July 19, 2023.
Charles Smith,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2023-15815 Filed 7-25-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 81, Number 23 (Thursday, February 4, 2016)]
[Notices]
[Pages 6097-6098]
[FR Doc No: 2016-02156]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Agency Information Collection Activities: Requests for Comments;
Clearance of Renewed Approval of Information Collection: Human Space
Flight Requirements for Crew and Space Flight Participants

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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

SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FAA

invites public comments about our intention to request the Office of
Management and Budget (OMB) approval to renew a previously approved
information collection. The FAA uses the information collected related
to public safety to ensure that a launch or reentry operation involving
a human on board a vehicle will meet the risk criteria and requirements
with regard to ensuring public safety.

DATES: Written comments should be submitted by April 4, 2016.

ADDRESSES: Send comments to the FAA at the following address: Ronda
Thompson, Room 441, Federal Aviation Administration, ASP-110, 950
L'Enfant Plaza SW., Washington, DC 20024.
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) Whether the proposed
collection of information is necessary for FAA's performance; (b) the
accuracy of the estimated burden; (c) ways for FAA to enhance the
quality, utility and clarity of the information collection; and (d)
ways that the burden could be minimized without reducing the quality of
the collected information. The agency will summarize and/or include
your comments in the request for OMB's clearance of this information
collection.

FOR FURTHER INFORMATION CONTACT: Ronda Thompson by email at:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    OMB Control Number: 2120-0720.
    Title: Human Space Flight Requirements for Crew and Space Flight
Participants.
    Form Numbers: There are no FAA forms associated with this
collection.
    Type of Review: Renewal of an information collection.
    Background: The FAA has established requirements for human space
flight of crew and space flight participants as required by the
Commercial Space Launch Amendments Act of 2004. The information
collected is used by the FAA, a licensee or permittee, a space flight
participant, or a crew member. The FAA uses the information related to
public safety to ensure that a launch or reentry operation involving a
human on board a vehicle will meet the risk criteria and requirements
with regard to ensuring public safety.
    Respondents: Approximately 5 applicants annually.
    Frequency: Information is collected on occasion.
    Estimated Average Burden per Response: 4 hours.
    Estimated Total Annual Burden: 2,975 hours.

    Issued in Washington, DC, on January 27, 2016.
Ronda Thompson,
FAA Information Collection Clearance Officer, Performance, Policy, and
Records Management Branch, ASP-110.
[FR Doc. 2016-02156 Filed 2-3-16; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 176 (Wednesday, September 11, 2013)]
[Notices]
[Page 55694]
[FR Doc No: 2013-22114]

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

[FRL-9900-77-ORD; Docket ID No. EPA-HQ-ORD-2011-0895]

Draft Research Report: Investigation of Ground Water
Contamination Near Pavillion, Wyoming

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice to discontinue public comment period.

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

SUMMARY: Following the June 20, 2013, press release, the EPA is
discontinuing the public comment period for the external review of the
draft research report titled, ``Investigation of Ground Water
Contamination near Pavillion, Wyoming.'' The draft research report was
prepared by the National Risk Management Research Laboratory, within
the EPA Office of Research and Development, and EPA Region 8. The EPA
does not plan to finalize or seek peer review of this draft report.

DATES: The public comment period began December 14, 2011, and ends on
the date of this notice.
    Additional Information: For information on the docket,
www.regulations.gov, or the public comment period, please contact the
Office of Environmental Information (OEI) Docket (Mail Code: 2822T),
U.S. Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460; telephone:<PHONE_NUMBER>; facsimile:<PHONE_NUMBER>;
or email<EMAIL_ADDRESS>    For information on the draft report, please contact Rebecca Foster,
U.S. Environmental Protection Agency, P.O. Box 1198, Ada, OK 74821;
telephone:<PHONE_NUMBER>; facsimile:<PHONE_NUMBER>; or email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: All documents in the docket are listed in
the http://www.regulations.gov index. Although listed in the index,
some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, will be publicly available only
in hard copy. Publicly available docket materials are available either
electronically at http://www.regulations.gov or in hard copy at the OEI
Docket in the EPA Headquarters Docket Center.

Lek Kadeli,
Principal Deputy Assistant Administrator, Office of Research and
Development.
[FR Doc. 2013-22114 Filed 9-10-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 113 (Wednesday, June 12, 2013)]
[Notices]
[Page 35298]
[FR Doc No: 2013-13933]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-3362-EM; Docket ID FEMA-2013-0001]

Massachusetts; Amendment No. 1 to Notice of an Emergency
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of an emergency declaration for
the Commonwealth of Massachusetts (FEMA-3362-EM), dated April 17, 2013,
and related determinations.

DATES: Effective Date: June 5, 2013.

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 an emergency declaration for
the Commonwealth of Massachusetts is hereby amended to include the
following area among those areas determined to have been adversely
affected by the event declared an emergency by the President in his
declaration of April 17, 2013.

    Bristol County for emergency protective measures (Category B),
including direct federal assistance, under the Public Assistance
program.

    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.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2013-13933 Filed 6-11-13; 8:45 am]
BILLING CODE 9111-23-P


November 29, 2004 MEMORANDUM SUBJECT: Additional Explanation of the Ecological Risk Assessment for Members of the Plywood and Composite Wood Products ( PCWP) Source Category FROM: Scott Jenkins Risk and Exposure Assessment Group ( C404 01)

TO: David E. Guinnup, Leader Risk and Exposure Assessment Group ( C 404 01)

Background To determine whether low risk PCWP sources are likely to cause adverse environmental effects due to emissions of hazardous air pollutants ( HAP), EPA performed a screening assessment of ecological risks from these sources. The assessment is described in the memo dated January 28, 2004 from Nancy Jones and Lesley Stobert to Dennis Pagano and Maria Pimentel titled, " Multipathway and Ecological Risks from Model PCWP Facilities" ( see appendix A). The assessment indicates that emissions of HAP from low risk PCWP sources are unlikely to pose significant risk to ecological receptors. The purpose of this memo is to provide additional information explaining how that assessment was conducted.

Choice of HAP The ecological assessment focused on HAP that are emitted by PCWP facilities and that have the potential to persist in the environment and bioaccumulate. The list of persistent and bioaccumulative HAP ( PB HAP) is described in EPA's Air Toxics Risk Assessment Reference Library ( http:// www. epa. gov/ ttn/ fera/ risk_ atra_ main. html). We did not evaluate inhalation risks of non PB HAP to ecological receptors explicitly. Rather, we assert that the acute and chronic dose response values for human inhalation exposure, which will be used by PCWP facilities to demonstrate their low risk status, are protective of inhalation exposures that may be experienced by terrestrial animals. Human dose response threshold values are derived from studies that consider human data and data from laboratory animals. With the addition of uncertainty factors, the final dose response threshold values are generally significantly lower than the level observed to cause an adverse effect in exposed animals. Therefore, if the maximum inhalation hazard to 2 humans, which is the major basis for the low risk demonstration, is below the level of concern, we do not expect adverse effects on environmental receptors due to inhalation exposures. We have tested this assertion by comparing available ecological threshold concentrations in air with the corresponding human health based reference concentrations for several key compounds emitted by PCWP sources. For each HAP evaluated, the available data indicate that human inhalation dose response values are protective for inhalation exposures to ecological receptors. While ecological threshold data are not available for every potential endpoint of concern for every HAP emitted by this source category, we maintain that this principle will likely hold true across HAP and endpoints.

Assumptions Because this is a screening assessment rather than a site specific assessment, we made several ecosystem protective assumptions. We derived estimated worst case media concentrations by assuming the maximum air concentrations and the maximum deposition rates occurred at the same location, although this is often not the case. We examined six locations representing diverse meteorological conditions and for the final assessment we used the location providing the highest predicted HAP concentrations. We used the most conservative ecological screening values readily available ( see Appendices) which may overestimate the potential for toxicity to site specific populations and communities. Finally, we assumed 100 percent bioavailability of the HAP although site specific bioavailability is often much less.

We also made several assumptions that were not necessarily ecosystem protective. The pathways and receptors evaluated ( see appendix A) were assumed to be representative of sensitive individuals, populations, and communities ( including endangered species) that could be present near a PCWP facility. Actual site specific sensitivities to HAP and the sensitivities to HAP of virtually all threatened or endangered species are unknown. Additionally, since we focused this assessment on the impact of an individual PCWP facility, we did not account for background exposure to HAP or for exposure to other environmental stressors. However, it is our opinion that the combination of assumptions made for this ecological screening assessment represents a scenario which is ecosystem protective overall.

Calculation of Potential Ecological Hazard To determine the potential for ecological hazard we used the hazard quotient method, which calculates the ratio of the estimated environmental media HAP concentrations to the appropriate ecological screening values. The ecological screening values used are estimates of the maximum concentration that should not affect survival, growth, or reproduction of sensitive species after long term (> 30 days) exposure to HAP. The specific screening values used in the current ecological assessment are provided in the original ecological assessment memo ( appendix A) and the methodology used to derive screening values is provided in the draft secondary lead smelters analysis ( see appendix B). 3 Results The results of our ecological assessment demonstrate that for all pollutants assessed, and for all pathways assessed, the ecological hazard quotient values are less than 1. The highest hazard quotient is 0.043, or approximately 20 times below a level of potential concern. Given this result, and the ecosystem protective nature of the assessment scenario, we believe it is not likely that any of the HAP evaluated would pose an ecological risk to ecosystems near a PCWP facility. 4 OAQPS: ESD: REAG: SJenkins: bmiles: x5648: 11/ 29/ 04 APPENDIX A: MULTIPATHWAY AND ECOLOGICAL RISKS FROM MODEL PCWP FACILITIES APPENDIX B: DRAFT SECONDARY LEAD ASSESSMENT


[Federal Register Volume 86, Number 119 (Thursday, June 24, 2021)]
[Notices]
[Pages 33372-33373]
[FR Doc No: 2021-13269]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2006-0042]

CSA Group Testing & Certification Inc.: Application for Expansion
of Recognition

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Notice.

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

SUMMARY: In this notice, OSHA announces the applications of CSA Group
Testing & Certification Inc. for expansion of recognition as a
Nationally Recognized Testing Laboratory (NRTL) and presents the
agency's preliminary finding to grant the applications.

DATES: Submit comments, information, and documents in response to this
notice, or requests for an extension of time to make a submission, on
or before July 9, 2021.

ADDRESSES: Comments may be submitted as follows:
    Electronically: You may submit comments, including attachments,
electronically at http://www.regulations.gov, the Federal eRulemaking
Portal. Follow the online instructions for submitting comments.
    Docket: To read or download comments or other material in the
docket, go to http://www.regulations.gov. Documents in the docket are
listed in the http://www.regulations.gov index; however, some
information (e.g., copyrighted material) is not publicly available to
read or download through the website. All submissions, including
copyrighted material, are available for inspection through the OSHA
Docket Office. Contact the OSHA Docket Office for assistance in
locating docket submissions.
    Instructions: All submissions must include the agency name and the
OSHA docket number for this Federal Register notice (OSHA-2006-0042).
OSHA will place comments and requests to speak, including personal
information, in the public docket, which may be available online.
Therefore, OSHA cautions interested parties about submitting personal
information such as Social Security numbers and birthdates. For further
information on submitting comments, see the ``Public Participation''
heading in the section of this notice titled SUPPLEMENTARY INFORMATION.
    Extension of comment period: Submit requests for an extension of
the comment period on or before July 9, 2021 to the Office of Technical
Programs and Coordination Activities, Directorate of Technical Support
and Emergency Management, Occupational Safety and Health
Administration, U.S. Department of Labor, 200 Constitution Avenue NW,
Room N-3653, Washington, DC 20210, or by fax to<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Information regarding this notice is
available from the following sources:
    Press inquiries: Contact Mr. Frank Meilinger, Director, OSHA Office
of Communications, U.S. Department of Labor by phone<PHONE_NUMBER> or
email<EMAIL_ADDRESS>    General and technical information: Contact Mr. Kevin Robinson,
Director, Office of Technical Programs and Coordination Activities,
Directorate of Technical Support and Emergency Management, Occupational
Safety and Health Administration, U.S. Department of Labor by phone
(202) 693-2110 or email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Notice of the Application for Expansion

    OSHA is providing notice that CSA Group Testing & Certification
Inc. (CSA) is applying for expansion of their current recognition as an
NRTL. CSA requests the addition of seven test standards to the NRTL
scope of recognition.
    OSHA recognition of a NRTL signifies that the organization meets
the requirements specified in 29 CFR 1910.7. Recognition is an
acknowledgment that the organization can perform independent safety
testing and certification of the specific products covered within the
scope of recognition. Each NRTL's scope of recognition includes (1) the
type of products the NRTL may test, with each type specified by the
applicable test standard; and (2) the recognized site(s) that has/have
the technical capability to perform the product-testing and product-
certification activities for test standards within the NRTL's scope.
Recognition is not a delegation or grant of government authority;
however, recognition enables employers to use products approved by the
NRTL to meet OSHA standards that require product testing and
certification.
    The agency processes an application by a NRTL for initial
recognition and for an expansion or renewal of this recognition,
following requirements in Appendix A, 29 CFR 1910.7. This appendix
requires that the agency publish two notices in the Federal Register in
processing an application. In the first notice, OSHA announces the
application and provides the preliminary finding. In the second notice,
the agency provides the final decision on the application. These
notices set forth the NRTL's scope of recognition or modifications of
that scope. OSHA maintains an informational web page for each NRTL,
including CSA, which details the NRTL's scope of recognition. These
pages are available from the OSHA website at http://www.osha.gov/dts/otpca/nrtl/index.html.
    CSA currently has six facilities (sites) recognized by OSHA for
product testing and certification. The headquarters location is
Canadian Standards Association, 178 Rexdale Boulevard, Etobicoke,
Ontario, M9W 1R3, Canada. A complete list of CSA's scope of recognition
is available at https://www.osha.gov/dts/otpca/nrtl/csa.html.

II. General Background on the Application

    CSA submitted two applications on July 17, 2019 (OSHA-2006-0042-
0023) and (OSHA-2006-0042-0024), to expand their recognition to include
fifteen additional test standards. The first application was amended on
February 17, 2021, because eight of the standards requested in the
application are already in CSA's NRTL scope of recognition. This
expansion will cover seven test standards that OSHA is proposing to add
to CSA's recognition. OSHA staff performed detailed analysis of the
application packets and reviewed other pertinent information. OSHA did
not perform any on-site reviews in relation to these applications.
    Table 1 below lists the appropriate test standards found in CSA's
applications for expansion for testing and certification of products
under the NRTL Program.

  Table 1--Proposed List of Appropriate Test Standards for Inclusion in
                     CSA's NRTL Scope of Recognition
------------------------------------------------------------------------
                   Test standard                     Test standard title
------------------------------------------------------------------------
UL 2108...........................................  Low-Voltage Lighting
                                                     Systems.
UL 4703...........................................  Standard for
                                                     Photovoltaic Wire.
UL 2594...........................................  Standard for
                                                     Electric Vehicle
                                                     Supply Equipment.
UL 60730-2-8......................................  Automatic Electrical
                                                     Controls for
                                                     Household and
                                                     Similar Use Part 2:
                                                     Particular
                                                     Requirements for
                                                     Electrically
                                                     Operated Water
                                                     Valves, Including
                                                     Mechanical
                                                     Requirements.
UL 60079-28.......................................  Standard for
                                                     Explosive
                                                     Atmospheres--Part
                                                     28: Protection of
                                                     Equipment and
                                                     Transmission
                                                     Systems Using
                                                     Optical Radiation.
UL 60079-31.......................................  Standard for
                                                     Explosive
                                                     Atmospheres--Part
                                                     31: Equipment Dust
                                                     Ignition Protection
                                                     Enclosure ``t''.
NFPA 496..........................................  Purged and
                                                     Pressurized
                                                     Enclosures for
                                                     Electrical
                                                     Equipment.
------------------------------------------------------------------------

III. Preliminary Findings on the Application

    CSA submitted acceptable applications for expansion of the scope of
recognition. OSHA's review of the application files and pertinent
documentation indicates that CSA can meet the requirements prescribed
by 29 CFR 1910.7 for expanding their recognition to include the
addition of the seven test standards for NRTL testing and certification
listed above. This preliminary finding does not constitute an interim
or temporary approval of CSA's applications.
    OSHA welcomes public comment as to whether CSA meets the
requirements of 29 CFR 1910.7 for expansion of the recognition as a
NRTL. Comments should consist of pertinent written documents and
exhibits. Commenters needing more time to comment must submit a request
in writing, stating the reasons for the request. Commenters must submit
the written request for an extension by the due date for comments. OSHA
will limit any extension to 10 days unless the requester justifies a
longer period. OSHA may deny a request for an extension if the request
is not adequately justified. To obtain or review copies of the exhibits
identified in this notice, as well as comments submitted to the docket,
contact the Docket Office. These materials also are available online at
http://www.regulations.gov under Docket No. OSHA-2006-0042.
    OSHA staff will review all comments to the docket submitted in a
timely manner and, after addressing the issues raised by these
comments, will make a recommendation to the Assistant Secretary for
Occupational Safety and Health as to whether to grant CSA's
applications for expansion of the scope of recognition. The Assistant
Secretary will make the final decision on granting the applications. In
making this decision, the Assistant Secretary may undertake other
proceedings prescribed in Appendix A to 29 CFR 1910.7.
    OSHA will publish a public notice of the final decision in the
Federal Register.

IV. Authority and Signature

    James S. Frederick, Acting Assistant Secretary of Labor for
Occupational Safety and Health, 200 Constitution Avenue NW, Washington,
DC 20210, authorized the preparation of this notice. Accordingly, the
agency is issuing this notice pursuant to Section 29 U.S.C. 657(g)(2),
Secretary of Labor's Order No. 8-2020 (85 FR 58393; Sept. 18, 2020),
and 29 CFR 1910.7.

    Signed at Washington, DC, on June 11, 2021.
James S. Frederick,
Acting Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2021-13269 Filed 6-23-21; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register Volume 88, Number 15 (Tuesday, January 24, 2023)]
[Notices]
[Pages 4168-4169]
[FR Doc No: 2023-01252]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2628-066]

Alabama Power Company; Notice of Ready for Environmental
Analysis, and Soliciting Comments, Recommendations, Preliminary Terms
and Conditions, and Preliminary Fishway Prescriptions

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: New Major License.
    b. Project No.: 2628-066.
    c. Date filed: November 23, 2021.
    d. Applicant: Alabama Power Company (Alabama Power).
    e. Name of Project: R.L. Harris Hydroelectric Project (Harris
Project).
    f. Location: The Harris Project is located on the Tallapoosa River
near the City of Lineville in Randolph, Clay, and Cleburne Counties,
Alabama. The Harris Project also includes land within the James D.
Martin-Skyline Wildlife Management Area located approximately 110 miles
north of Harris Reservoir in Jackson County, Alabama. The project
occupies 4.90 acres of federal land administered by the Bureau of Land
Management.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Angie Anderegg, Harris Relicensing Project
Manager, Alabama Power Company; 600 North 18th Street, P.O. Box 2641,
Birmingham, AL 35203-8180;<PHONE_NUMBER>, or email at
[email protected].
    i. FERC Contact: Sarah Salazar at<PHONE_NUMBER>, or email at
[email protected].
    j. Deadline for filing comments, recommendations, terms and
conditions, and prescriptions: 60 days from the issuance date of this
notice; reply comments are due 105 days from the issuance date of this
notice.
    The Commission strongly encourages electronic filing. Please file
comments, recommendations, terms and conditions, and prescriptions
using the Commission's eFiling system at https://ferconline.ferc.gov/FERCOnline.aspx. Commenters can submit brief comments up to 6,000
characters, without prior registration, using the eComment system at
https://ferconline.ferc.gov/QuickComment.aspx. You must include your
name and contact information at the end of your comments. For
assistance, please contact FERC Online Support at
[email protected],<PHONE_NUMBER> (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, you may submit a paper copy.
Submissions sent via the U.S. Postal Service must be addressed to:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street NE, Room 1A, Washington, DC 20426. Submissions sent via
any other carrier must be addressed to: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville,
Maryland 20852. All filings must clearly identify the project name and
docket number on the first page: R.L. Harris Hydroelectric Project (P-
2628-066).
    The Commission's Rules of Practice require all intervenors filing
documents with the Commission to serve a copy of that document on each
person on the official service list for the project. Further, if an
intervenor files comments or documents with the Commission

relating to the merits of an issue that may affect the responsibilities
of a particular resource agency, they must also serve a copy of the
document on that resource agency.
    k. This application has been accepted for filing and is now ready
for environmental analysis.
    l. Project Description: The existing Harris Project consists of:
(1) the 29-mile-long, 9,870-acre Harris Lake at a normal full pool
elevation of 793 feet mean sea level (msl); (2) a 151.5-foot-high
concrete dam; (3) a 310-foot-long gated spillway with five 40.5-feet-
high by 40-feet-wide radial gates for passing flood flows, and one
radial trash gate; (4) a variable level powerhouse intake, integral
with the dam, which can draw water from lake elevations between 746
feet and 764 feet msl; (5) a 186-foot-long, 150-foot-high, and 95-foot-
wide concrete powerhouse, integral with the dam, housing two vertical
Francis turbines with a maximum hydraulic capacity of 8,000 cubic feet
per second (cfs) and a rated total installed capacity of 135 megawatts
(MW); (6) two 115 kilovolt transmission lines, which extend 1.5 miles
from the dam to the Crooked Creek Transmission sub-station; and (7)
appurtenant facilities.
    Alabama Power proposes to install, operate, and maintain a Francis-
type minimum flow unit to provide a continuous minimum flow of
approximately 300 cfs in the Tallapoosa River downstream from Harris
Dam. Based on preliminary design, the proposed minimum flow unit would
have a generating capacity of about 2.5 MW.
    The Harris Project is a peaking facility that generates about
151,878 megawatt-hours of electricity annually. Alabama Power operates
the project to target lake surface elevations as guided by the
project's operating curve. In addition, the U.S. Army Corps of
Engineers' Alabama-Coosa-Tallapoosa River Basin Water Control Manual
describes flood management regulations, drought management provisions,
and navigation release requirements for the Harris Project.
    m. A copy of the application can be viewed on the Commission's
website at http://www.ferc.gov using the ``eLibrary'' link. Enter the
docket number excluding the last three digits in the docket number
field to access the document. For assistance, contact FERC Online
Support.
    All filings must (1) bear in all capital letters the title
``COMMENTS,'' ``REPLY COMMENTS,'' ``RECOMMENDATIONS,'' ``TERMS AND
CONDITIONS,'' or ``PRESCRIPTIONS;'' (2) set forth in the heading the
name of the applicant and the project number of the application to
which the filing responds; (3) furnish the name, address, and telephone
number of the person submitting the filing; and (4) otherwise comply
with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, recommendations, terms and conditions or prescriptions must
set forth their evidentiary basis and otherwise comply with the
requirements of 18 CFR 4.34(b). Agencies may obtain copies of the
application directly from the applicant. Each filing must be
accompanied by proof of service on all persons listed on the service
list prepared by the Commission in this proceeding, in accordance with
18 CFR 4.34(b) and 385.2010.
    You may also register online at https://ferconline.ferc.gov/FERCOnline.aspx to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    n. The applicant must file no later than 60 days following the date
of issuance of this notice: (1) a copy of the water quality
certification; (2) a copy of the request for certification, including
proof of the date on which the certifying agency received the request;
or (3) evidence of waiver of water quality certification. Please note
that the certification request must comply with 40 CFR 121.5(b),
including documentation that a pre-filing meeting request was submitted
to the certifying authority at least 30 days prior to submitting the
certification request. Please also note that the certification request
must be sent to the certifying authority and to the Commission
concurrently.
    o. Procedural Schedule: The application will be processed according
to the following schedule. Revisions to the schedule may be made as
appropriate.

------------------------------------------------------------------------
                 Milestone                               Date
------------------------------------------------------------------------
Deadline for Filing Comments,                March 18, 2023.
 Recommendations, and Agency Terms and
 Conditions/Prescriptions.
Licensee's Reply to REA Comments...........  May 2, 2023.
------------------------------------------------------------------------

    p. Final amendments to the application must be filed with the
Commission no later than 30 days from the issuance date of this notice.

    Dated: January 17, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-01252 Filed 1-23-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: December 4, 2009 (Volume 74, Number 232)]
[Rules and Regulations]
[Page 63610-63612]
[DOCID:fr04de09-22]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2009-0968]
RIN 1625-AA09

Drawbridge Operation Regulation; Automated and Remotely Operated
Bridges

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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

SUMMARY: The Commander, Ninth Coast Guard District, is identifying all
remotely operated or automated drawbridges in his area of
responsibility in subpart B of this part. This rule identifies all the
remotely operated or automated drawbridges in this district that
currently open on signal to navigation. This rule does not revise the
operating schedule or conditions for any of the identified drawbridges.

DATES: This rule is effective December 15, 2009.

ADDRESSES: Comments and material received from the public as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2009-0968 and are available online by going to
http://www.regulations.gov, inserting USCG-2009-0968 in the ``Keyword''
box, and

then clicking ``Search.'' This material is also available for
inspection or copying at the Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or e-mail Lee Soule, Bridge Management Specialist, Coast Guard
Ninth District; telephone<PHONE_NUMBER><EMAIL_ADDRESS>If
you have questions on viewing the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this final rule without prior notice and
opportunity to comment pursuant to authority under section 4(a) of the
Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B) the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because these identified drawbridges have
been previously authorized to operate under an automated on-signal
schedule, and this rule does not change how these drawbridges currently
operate, or their current operating schedule.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register because these identified
drawbridges have been previously authorized to operate under an
automated on-signal schedule, and this rule does not change how these
drawbridges currently operate, or their current operating schedule.

Background and Purpose

    In the past nine years, various bridge owners have requested that
the Coast Guard allow select drawbridges to operate utilizing an
automated or remotely operated system. The District Commander
determined that these requests to remove on-site drawtender and
automate (or allow these drawbridges to be remotely operated) met with
the reasonable needs of navigation for each of the respective waterways
over which these drawbridges reside. There were no changes to the
operating schedule or signaling requirements for any of the bridges
affected. This rule is necessary to comply with 33 CFR part 117.42.

Discussion of Rule

    On 4 December 2006 the Coast Guard published a final rule in the
Federal Register [71 FR 70305] that amended the regulatory language in
33 CFR part 117.42. This new language requires that ``* * * a
description of the full operation of the remotely operated or automated
drawbridges will be added to Subpart B of this part''. In order to
comply with our own regulations, the Coast Guard is amending the
appropriate sections in Subpart B that will identify and describe the
operation of all automated and remotely operated drawbridges under the
jurisdiction of the Ninth Coast Guard District.

Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
    This rule is not a significant regulatory action because the
affected drawbridges have been operating under automation or from a
remote location for a number of years and continue to open on signal
for vessel traffic.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities.
    This action will not have a significant economic impact on a
substantial number of small entities for the following reason; this
rule does not change the current operation or operating schedule of the
drawbridges. It merely identifies these drawbridges as operated
automatically or remotely in Subpart B of 33 CFR part 117.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.

Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health

Risks and Safety Risks. This rule is not an economically significant
rule and would not create an environmental risk to health or risk to
safety that might disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, 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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guides the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
that this action is one of a category of actions which do not
individually or cumulatively have a significant effect on the human
environment. This rule is categorically excluded, under figure 2-1,
paragraph (32)(e), of the Instruction.
    Under figure 2-1, paragraph (32)(e), of the Instruction, an
environmental analysis checklist and a categorical exclusion
determination are not required for this rule.

List of Subjects in 33 CFR Part 117

    Bridges.

0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
1. The authority citation for part 117 continues to read as follows:

    Authority: 33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 0170.1.

0
2. Revise Sec.  117.847(b) to read as follows:

Sec.  117.847  Ashtabula River

* * * * *
    (b) The draw of the Norfolk Southern Bridge, mile 1.5 at Ashtabula,
is remotely operated, is required to operate a radiotelephone, and
shall open on signal from April 1 through November 30 from 7 a.m. to 11
p.m. At all other times the draw shall open on signal if at least 24
hours notice is given.

0
3. Revise Sec.  117.851(d) to read as follows:

Sec.  117.851  Portage River.

* * * * *
    (d) The draw of the Norfolk Southern Bridge, Mile 1.5 at Port
Clinton, is remotely operated, is required to operate a radio
telephone, and shall open on signal. However, from December 1 through
April 30, the draw shall open on signal if at least 24 hours notice is
given.

0
4. Revise Sec.  117.853 to read as follows:

Sec.  117.853  Sandusky Bay

    The draw of the Norfolk Southern Bridge, Mile 3.5 at Sandusky, is
remotely operated, is required to operate a radiotelephone, and shall
open on signal from April 1 through October 31 and from November 1
through November 30 from 8 a.m. to 4 p.m. At all other times, the draw
shall open on signal if at least 24 hours notice is given.
0
5. Amend Sec.  117.1093 to add paragraphs (c)(4) and (d)(4), and to
revise paragraph (e)(3) to read as follows:

Sec.  117.1093  Milwaukee, Menomonee, and Kinnickinnic Rivers and South
Menomonee and Burnham Canals.

* * * * *
    (c) * * *
    (4) The following bridges are remotely operated, are required to
operate a radiotelephone, and shall open as noted in this section; St.
Paul Avenue, mile 1.21, Clybourn Street, mile 1.28, Highland Avenue,
mile 1.97, and Knapp Street, mile 2.14.
    (d) * * *
    (4) The following bridges are remotely operated, are required to
operate a radiotelephone, and shall open as noted in this section;
North Plankinton Avenue, mile 1.08, North Sixth Street, mile 1.37, and
North Emmber Lane, mile 1.95, all over Menomonee River, and South Sixth
Street, mile 1.51 over South Menomonee Canal.
    (e) * * *
    (3)(i)The draws of all other bridges across the Kinnickkinnick
River shall open on signal; except that, from 7:30 a.m. to 8:30 a.m.
and 4:30 p.m. to 5:30 p.m. Monday through Saturday except Federal
holidays, the draws need not be opened and, from 11 p.m. to 7 a.m., the
draws hall open on signal if at least two hours notice is given.
    (ii) The South First Street Bridge, mile 1.78, is remotely
operated, is required to operate a radiotelephone, and shall open as
noted in this section.
* * * * *

    Dated: November, 9, 2009.
Peter V. Neffenger,
Rear Admiral, U.S. Coast Guard,Commander, Ninth Coast Guard District.
[FR Doc. E9-28908 Filed 12-3-09; 8:45 am]

BILLING CODE 9110-04-P