[Federal Register: March 23, 2006 (Volume 71, Number 56)]
[Notices]
[Page 14758-14760]
[DOCID:fr23mr06-82]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-53505; File No. SR-NASD-2006-032]

Self-Regulatory Organizations; National Association of Securities
Dealers, Inc.; Notice of Filing and Order Granting Accelerated Approval
of a Proposed Rule Change and Amendment No. 1 Thereto To Reduce Routing
Charges for Non-NASD Members

March 16, 2006.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on March 1, 2006, the National Association of Securities Dealers, Inc.
(``NASD''), through its subsidiary, The Nasdaq Stock Market, Inc.
(``Nasdaq''), filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by Nasdaq. On March 15, 2006,
Nasdaq submitted Amendment No. 1 to the proposed rule change.\3\ The
Commission is publishing this notice to solicit comments on the
proposed rule change, as amended, from interested persons, and at the
same time is granting accelerated approval of the proposed rule change,
as amended.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Amendment No. 1 adds a technical correction to the rule
text.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    Nasdaq proposes to reduce routing charges for non-NASD members that
use Nasdaq systems and to eliminate for those non-members a volume-
based port fee waiver for non-NASD members that use Nasdaq's INET
facility. The filing would apply to these non-members a pricing
schedule similar to the schedule that Nasdaq instituted for members.\4\
Nasdaq requests approval to implement these reduced non-member fees on
an accelerated basis with a retroactive effective date of March 1,
2006, the

same date these fee changes became applicable to members.
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    \4\ See File No. SR-NASD-2006-031 (March 1, 2006).
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    The text of the proposed rule change, as amended, is below.
Proposed new language is in italics. Proposed deletions are in
[brackets].
* * * * *

7010. System Services

    (a) through (h) No change.

(i) Nasdaq Market Center, Brut, and Inet Order Execution and Routing

    (1) through (6) No change.
    (7) The fees applicable to non-members using Nasdaq's Brut and Inet
Facilities shall be the fees established for members under Rule
7010(i), as amended by SR-NASD-2005-019, SR-NASD-2005-035, SR-NASD-
2005-048, SR-NASD-2005-071, SR-NASD-2005-125, SR-NASD-2005-137, SR-
NASD-2005-154, SR-NASD-2006-013, [and] SR-NASD-2006-023, and SR-NASD-
2006-031, and as applied to non-members by SR-NASD-2005-020, SR-NASD-
2005-038, SR-NASD-2005-049, SR-NASD-2005-072, SR-NASD-2005-126, SR-
NASD-2005-138, SR-NASD-2005-155, SR-NASD-2006-014, [and] SR-NASD-2006-
024, and SR-NASD-2006-032.
    (j) through (v) No change.
    (w) INET System Connectivity
    (1) No change.
    (2) The INET connectivity fees applicable to non-members shall be
the fees established for members under Rule 7010(w), as established by
SR-NASD-2005-128 and amended by SR-NASD-2005-147, [and] SR-NASD-2006-
013, and SR-NASD-2006-031, and as applied to non-members by SR-NASD-
2005-128, SR-NASD-2005-148, [and] SR-NASD-2006-014, and SR-NASD-2006-
032.
* * * * *

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

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

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

1. Purpose
    Nasdaq states that this filing would apply to non-members a pricing
schedule similar to that Nasdaq is instituting for members.\5\ Nasdaq
states that under that schedule, NASD members saw their routing charges
reduced as follows:
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    \5\ See footnote 4, supra.
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    (1) From $0.0015 to $0.001, the fee per share executed for routing
orders in New York Stock Exchange (``NYSE'') listed securities to
venues other than the NYSE;
    (2) From $0.0035 to $0.003, the fee per share executed for routing
orders in securities listed on a venue other than the NYSE and routed
to venues other than the American Stock Exchange (``AMEX'');
    (3) From $0.0035 to $0.003, the fee per share executed for routing
orders in Non-Nasdaq Exchange Traded Funds (``ETFs'') to venues other
than the NYSE or AMEX.
    Finally, Nasdaq states that NASD members had eliminated the port
fee waiver for Nasdaq's INET facility subscribers that for a calendar
month average daily execution of orders in the INET system of in excess
of 30 million shares of added liquidity.
    Nasdaq represents that this filing seeks to impose these exact
changes on non-NASD members that use Nasdaq systems and seeks to do so
on accelerated basis and retroactively to March 1, 2006, the same date
these fee changes became applicable to members.
2. Statutory Basis
    Nasdaq believes that the proposed rule change, as amended, is
consistent with the provisions of Section 15A of the Act,\6\ in
general, and with Section 15A(b)(5) of the Act,\7\ in particular, in
that the proposed rule change, as amended, provides for the equitable
allocation of reasonable dues, fees, and other charges among members
and issuers and other persons using any facility or system which the
NASD operates or controls.
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    \6\ 15 U.S.C. 78o-3.
    \7\ 15 U.S.C. 78o-3(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    Nasdaq does not believe that the proposed rule change, as amended,
will result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act.

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

    Nasdaq states that written comments were neither solicited nor
received.

III. Solicitation of Comments

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

Electronic Comments

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

File Number SR-NASD-2006-032 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.
All submissions should refer to File Number SR-NASD-2006-032. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments, all

written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room. Copies of such
filing also will be available for inspection and copying at the
principal office of the NASD. 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-NASD-2006-032 and should be submitted on or before April
13, 2006.

IV. Commission's Findings and Order Granting Accelerated Approval of
Proposed Rule Change

    The Commission finds that the proposed rule change is consistent
with the requirements of the Act and the rules and regulations
thereunder applicable to a self-regulatory organization.\8\
Specifically, the Commission believes that the proposed rule change, as
amended, is consistent with Section 15A(b)(5) of the Act,\9\ which
requires that the rules of the self-regulatory organization provide for
the equitable allocation of reasonable dues, fees, and other charges
among members and issuers and other persons using any facilities or
system which it operates or controls.
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    \8\ The Commission has considered the proposed rule's impact on
efficiency, competition and capital formation. 15 U.S.C. 78c(f).
    \9\ 15 U.S.C. 78o-3(b)(5).
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    The Commission notes that this proposal would retroactively modify
pricing for non-NASD members using the Nasdaq Facilities that would
permit the schedule for non-NASD members to mirror the schedule
applicable to NASD members that became effective March 1, 2006,
pursuant to SR-NASD-2006-031.
    The Commission finds good cause for approving the proposed rule
change, as amended, prior to the 30th day of the date of publication of
the notice thereof in the Federal Register. The Commission notes that
the proposed fees for non-NASD members are identical to those in SR-
NASD-2006-031, which implemented those fees for NASD members and which
became effective as of March 1, 2006. The Commission notes that this
change will promote consistency in Nasdaq's fee schedule by applying
the same pricing schedule with the same date of effectiveness for both
NASD members and non-NASD members. Therefore, the Commission finds that
there is good cause, consistent with Section 19(b)(2) of the Act,\10\
to approve the proposed rule change, as amended, on an accelerated
basis.
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    \10\ 15 U.S.C. 78s(b)(2).
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V. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\11\ that the proposed rule change, as amended, (File No. SR-NASD-
2006-032), is approved on an accelerated basis.
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    \11\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\12\
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    \12\ 17 CFR 200.30-3(a)(12).
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Nancy M. Morris,
Secretary.
[FR Doc. E6-4175 Filed 3-22-06; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 87, Number 188 (Thursday, September 29, 2022)]
[Notices]
[Page 59079]
[FR Doc No: 2022-21120]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2022-0042; FRL-10257-01-OMS]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; NESHAP for Area Sources: Asphalt Processing
and Asphalt Roofing Manufacturing (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) has submitted an
information collection request (ICR), Asphalt Processing and Asphalt
Roofing Manufacturing (EPA ICR Number 2352.06, OMB Control Number 2060-
0634), to the Office of Management and Budget (OMB) for review and
approval in accordance with the Paperwork Reduction Act. This is a
proposed extension of the ICR, which is currently approved through
November 30, 2022. Public comments were previously requested, via the
Federal Register, on April 8, 2022 during a 60-day comment period. This
notice allows for an additional 30 days for public comments. A fuller
description of the ICR is given below, including its estimated burden
and cost to the public. An agency may neither conduct nor sponsor, and
a person is not required to respond to, a collection of information
unless it displays a currently valid OMB control number.

DATES: Additional comments may be submitted on or before October 31,
2022.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
OAR-2022-0042, online using https://www.regulations.gov/ (our preferred
method), or by email to [email protected], or by mail to: EPA Docket
Center, Environmental Protection Agency, Mail Code 28221T, 1200
Pennsylvania Ave. NW, Washington, DC 20460. The EPA's policy is that
all comments received will be included in the public docket without
change, including any personal information provided, unless the comment
includes profanity, threats, information claimed to be Confidential
Business Information (CBI), or other information whose disclosure is
restricted by statute.
    Submit written comments and recommendations to OMB for the proposed
information collection within 30 days of publication of this notice to
www.reginfo.gov/public/do/PRAMain. Find this particular information
collection by selecting ``Currently under 30-day Review--Open for
Public Comments'' or by using the search function.

FOR FURTHER INFORMATION CONTACT: Muntasir Ali, Sector Policies and
Program Division (D243-05), Office of Air Quality Planning and
Standards, U.S. Environmental Protection Agency, Research Triangle
Park, North Carolina, 27711; telephone number:<PHONE_NUMBER>; email
address: [email protected].

SUPPLEMENTARY INFORMATION: Supporting documents, which explain in
detail the information that the EPA will be collecting, are available
in the public docket for this ICR. The docket can be viewed online at
https://www.regulations.gov, or in person at the EPA Docket Center, WJC
West Building, Room 3334, 1301 Constitution Ave. NW, Washington, DC.
The telephone number for the Docket Center is<PHONE_NUMBER>. For
additional information about EPA's public docket, visit: http://www.epa.gov/dockets.
    Abstract: The National Emission Standards for Hazardous Air
Pollutants (NESHAP) for Area Sources: Asphalt Processing and Asphalt
Roofing Manufacturing (40 CFR part 63, subpart AAAAAAA) were proposed
on July 9, 2009, promulgated on December 2, 2009, and amended on March
18, 2010. These regulations apply to existing facilities and new
facilities that are Area Sources and that either process asphalt or
manufacture asphalt roofing products. New facilities include those that
commenced either construction, modification or reconstruction after the
date of proposal. This information is being collected to assure
compliance with 40 CFR part 63, subpart AAAAAAA.
    In general, all NESHAP standards require initial notifications,
performance tests, and periodic reports by the owners/operators of the
affected facilities. They are also required to maintain records of the
occurrence and duration of any startup, shutdown, or malfunction in the
operation of an affected facility, or any period during which the
monitoring system is inoperative. These notifications, reports, and
records are essential in determining compliance, and are required of
all affected facilities subject to the NESHAP.
    Form Numbers: None.
    Respondents/affected entities: Existing and new facilities that are
area sources and that process asphalt or manufacture asphalt roofing
products.
    Respondent's obligation to respond: Mandatory (40 CFR part 63,
subpart AAAAAAA).
    Estimated number of respondents: 59 (total).
    Frequency of response: Semiannually.
    Total estimated burden: 2,370 hours (per year). Burden is defined
at 5 CFR 1320.3(b).
    Total estimated cost: $286,000 (per year), which includes $885 in
annualized capital/startup and/or operation & maintenance costs.
    Changes in the Estimates: The increase in burden from the most
recently approved ICR is due to an adjustment. The adjustment increase
is due to an increase in the number of respondents based on review of
the results of a Section 114 request from 2017, EPA's ECHO database,
and facility permits. There is an increase in the operation and
maintenance (O&M) costs due to the increased number of respondents.

Courtney Kerwin,
Director, Regulatory Support Division.
[FR Doc. 2022-21120 Filed 9-28-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: July 14, 2010 (Volume 75, Number 134)]
[Notices]
[Page 40839-40840]
[DOCID:fr14jy10-89]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2010-N-0357]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Hazard Analysis and Critical Control Point Procedures
for the Safe and Sanitary Processing and Importing of Juice

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing an
opportunity for public comment on the proposed collection of certain
information by the agency. Under the Paperwork Reduction Act of 1995
(the PRA), Federal agencies are required to publish notice in the
Federal Register concerning each proposed collection of information,
including each proposed extension of an existing collection of
information, and to allow 60 days for public comment in response to the
notice. This notice solicits comments on recordkeeping requirements for
applying hazard analysis and critical control point (HAACP) procedures
for safe and sanitary processing for processors of fruit and vegetable
juice.

DATES: Submit either electronic or written comments on the collection
of information by September 13, 2010.

ADDRESSES: Submit electronic comments on the collection of information
to http://www.regulations.gov. Submit written comments on the
collection of information to the Division of Dockets Management (HFA-
305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061,
Rockville, MD 20852. All comments should be identified with the docket
number found in brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT: Denver Presley, Jr., Office of
Information Management, Food and Drug Administration, 1350 Piccard Dr.,
PI50-400B, Rockville, MD 20850,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), Federal
agencies must obtain approval from the Office of Management and Budget
(OMB) for each collection of information they conduct or sponsor.
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes agency requests or requirements that members of
the public submit reports, keep records, or provide information to a
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A))
requires Federal agencies to provide a 60-day notice in the Federal
Register concerning each proposed collection of information, including
each proposed extension of an existing collection of information,
before submitting the collection to OMB for approval. To comply with
this requirement, FDA is publishing notice of the proposed collection
of information set forth in this document.
    With respect to the following collection of information, FDA
invites comments on these topics: (1) Whether the proposed collection
of information is necessary for the proper performance of FDA's
functions, including whether the information will have practical
utility; (2) the accuracy of FDA's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility, and clarity of the information to be collected; and (4) ways
to minimize the burden of the collection of information on respondents,
including through the use of automated collection techniques, when
appropriate, and other forms of information technology.

Hazard Analysis and Critical Control Point (HACCP) Procedures for the
Safe and Sanitary Processing and Importing of Juice--21 CFR Part 120
(OMB Control Number 0910-0466)--Extension

    FDA's regulations in part 120 (21 CFR part 120) mandate the
application of HACCP procedures to fruit and vegetable juice
processing. HACCP is a preventative system of hazard control that can
be used by all food processors to ensure the safety of their products
to consumers. A HACCP system of preventive controls is the most
effective and efficient way to ensure that these food products are
safe. FDA's mandate to ensure the safety of the Nation's food supply is
derived principally from the Federal Food, Drug, and Cosmetic Act (the
act) (21 U.S.C. 321 et seq.). Under the act, FDA has authority to
ensure that all foods in interstate commerce, or that have been shipped
in interstate commerce, are not contaminated or otherwise adulterated,
are produced and held under sanitary conditions, and are not misbranded
or deceptively packaged; under section 701 (21 U.S.C. 371), the act
authorizes the agency to issue regulations for its efficient
enforcement. The agency also has authority under section 361 of the
Public Health Service Act (42 U.S.C. 264) to issue and enforce
regulations to prevent the introduction, transmission, or spread of
communicable diseases from one State to another other State.
Information development and recordkeeping are essential parts of any
HACCP system. The information collection requirements are narrowly
tailored to focus on the development of appropriate controls and
document those aspects of processing that are critical to food safety.
Through these regulations, FDA is implementing its authority under
section 402(a)(4) of the act (21 U.S.C. 342(a)(4)).
    FDA estimates the burden of this collection of information as
follows:

                                                     Table 1.--Estimated Annual Reporting Burden\1\
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                                                       No of         Annual Frequency per      Total Annual
                 21 CFR Section                    Recordkeepers         Recordkeeping           Records         Hours Per  Record       Total Hours
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120.6(c) and 120.12(a)(1) and (b)                            1,875                   365              684,375                  0.1              68,437.5
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120.7; 120.10(a); and 120.12(a)(2), (b), and                 2,300                     1.1              2,530                 20                50,600
 (c)
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120.8(b)(7) and 120.12(a)(4)(i) and (b)                      1,450                14,600           21,170,000                  0.01            211,700
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120.10(c) and 120.12(a)(4)(ii) and (b)                       1,840                    12               22,080                  0.1               2,208
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120.11(a)(1)(iv) and (a)(2) and 120.12(a)(5)                 1,840                    52               95,680                  0.1               9,568
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120.11(b) and 120.12(a)(5) and (b)                           1,840                     1                1,840                  4                 7,360
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120.11(c) and 120.12(a)(5) and (b)                           1,840                     1                1,840                  4                 7,360
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120.14(a)(2), (c), and (d)                                     308                     1                  308                  4                 1,232
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Total                                                                                358,466
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\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

    Table 1 of this document provides a breakdown of the total
estimated annual recordkeeping burden. FDA bases this hour burden
estimate on its experience with the application of HACCP principles in
food processing.
    The burden estimates in table 1 of this document are based on an
estimate of the total number of juice manufacturing plants (i.e.,
2,300) affected by the regulations. Included in this total are 850
plants currently identified in FDA's official establishment inventory
plus 1,220 very small apple juice manufacturers and 230 very small
orange juice manufacturers. The total burden hours are derived by
estimating the number of plants affected by each portion of this final
rule and multiplying the corresponding number by the number of records
required annually and the hours needed to complete the record. These
numbers were obtained from the agency's final regulatory impact
analysis prepared for these regulations.
    Moreover, these estimates assume that every processor will prepare
sanitary standard operating procedures and a HACCP plan and maintain
the associated monitoring records and that every importer will require
product safety specifications. In fact, there are likely to be some
small number of juice processors that, based upon their hazard
analysis, determine that they are not required to have a HACCP plan
under these regulations.

    Dated: July 9, 2010.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2010-17150 Filed 7-13-10; 8:45 am]
BILLING CODE 4160-01-S