[Federal Register Volume 86, Number 173 (Friday, September 10, 2021)]
[Rules and Regulations]
[Pages 50643-50645]
[FR Doc No: 2021-19435]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2021-0333; FRL-8609-02-R9]

Air Plan Limited Approval and Limited Disapproval, California;
Mojave Desert Air Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is finalizing a
limited approval and limited disapproval of a revision to the Mojave
Desert Air Quality Management District's (MDAQMD or District) portion
of the California State Implementation Plan (SIP). This revision
concerns oxides of nitrogen (NOX) emissions from stationary
internal combustion engines. Under the authority of the Clean Air Act
(CAA or the ``Act''), this action approves a local rule that regulates
these emission sources into the federally-enforceable SIP, thereby
strengthening the SIP, while identifying deficiencies with the rule
that must be corrected by the MDAQMD in order for the EPA to grant full
approval of the rule.

DATES: This rule will be effective on October 12, 2021.

ADDRESSES: The EPA has established a docket for this action under
Docket No. EPA-R09-OAR-2021-0333. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available through https://www.regulations.gov, or please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section for additional availability information. If you need assistance
in a language other than English or if you are a person with
disabilities who needs a reasonable accommodation at no cost to you,
please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section.

FOR FURTHER INFORMATION CONTACT: Kevin Gong, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone:<PHONE_NUMBER> or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.

Table of Contents

I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Proposed Action

    On June 1, 2021 (86 FR 29227), the EPA proposed a limited approval
and limited disapproval of the following rule that was submitted for
incorporation into the California SIP.

                                             Table 1--Submitted Rule
----------------------------------------------------------------------------------------------------------------
                   Rule #                                 Rule title                  Amended        Submitted
----------------------------------------------------------------------------------------------------------------
1160.......................................  Internal Combustion Engines........      01/22/2018      05/23/2018
----------------------------------------------------------------------------------------------------------------

    We proposed a limited approval because we determined that this rule
improves the SIP and is largely consistent with the relevant CAA
requirements. We simultaneously proposed a limited disapproval because
some rule provisions conflict with section 110 and part D of the Act.
The following provisions do not satisfy the requirements of section 110
and part D of title I of the Act and prevent full approval of the SIP
revision.
    1. MDAQMD Rule 1160 section (C)(2)(b) allows for engines to comply
with an alternative emission reduction provision instead of the
concentration-based emission limits for NOX. Specifically,
this alternative provision allows for owners or operators of applicable
equipment to submit a plan for alternative emissions reduction that
would achieve an 80% or 90% reduction of emissions from a baseline
emission rate. Because the rule does not clearly specify how to
calculate the baseline emission rate, the rule is not sufficiently
clear to constitute an enforceable emission limitation, control
measure, means or technique, as required under section 110(a)(2) of the
Act. Furthermore, the rule leaves the approval of the NOX
emission reduction alternative to the District without EPA review or
approval of the alternative into the SIP. Because the rule is not clear
with respect to how to calculate the baseline emission rate, and the
approval of an alternative limit lies solely with the District, this
provision allows for overbroad discretion on the part of the Director
to modify requirements of the SIP without the procedures required under
section 110 of the Act. In addition, the ambiguous alternative emission
reduction provision could allow many units to emit more than the
concentration limit in the rule by, in some cases, more than two times.
Additionally, the alternative limits have not been justified as meeting
the reasonably available control technology (RACT) requirement.
    2. Under section (C)(2)(b)(v), the alternative emission reduction
option also allows for units operating at the same facility to
aggregate their emissions in order to comply with the percentage
reduction. This type of provision (emissions aggregation) constitutes
an economic incentive program (EIP) under the EPA's 2001 EIP
guidance.\1\ As discussed in the proposed rule, the rule provisions do
not meet the criteria for EIP integrity because they fail to require
that any excess emission reductions credited through the provision be
surplus (i.e., not required by any other federally enforceable
provision). This omission could allow reductions that are otherwise
federally required to be aggregated and therefore allow greater
emissions at other units.
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    \1\ ``Improving Air Quality with Economic Incentive Programs''
(EPA-452/R-01-001, January 2001).
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    3. The compliance determination requirements described in section
(E)(1)(c) do not require adequate source testing for emission units
without emission control equipment. The requirements do not specify any

frequency for testing beyond the initial compliance test, and do not
specify what criteria must be met for certified manufacturer emission
rates to be evidence of compliance.

II. Public Comments and EPA Responses

    The EPA's proposed action provided a 30-day public comment period.
During this period, we received one comment from the MDAQMD expressing
concern regarding the EPA's communication with the District in advance
of the proposed action, indicating that these issues could have been
raised sooner to give the District an opportunity to address them in
the local rulemaking process. Although the comment expressed concern
about the EPA's communications with the District during the rule
development process, the comment did not criticize the substance of the
deficiencies identified by the EPA in the proposed rulemaking and
described the EPA's concerns as ``legitimate.'' The District also
stated they would be initiating a local rulemaking process in the near
future to resolve these issues. Accordingly, we acknowledge the
concerns raised by the District, but do not consider the comment to be
suggesting that the EPA take a different course of action in the
current rulemaking.

III. EPA Action

    No comments were submitted that change our assessment of the rule
as described in our proposed action. Therefore, as authorized by the
grant of authority to approve and disapprove SIP submissions contained
in sections 110(k)(3) and 301(a) of the Act, the EPA is finalizing a
limited approval and limited disapproval of the submitted rule. Our
limited approval incorporates the submitted rule into the California
SIP, including those provisions identified as deficient.
    As a result of the limited disapproval, the EPA must promulgate a
Federal implementation plan (FIP) under section 110(c) unless we
approve subsequent SIP revisions that correct the rule deficiencies
within 24 months.
    In addition, the offset sanction in CAA section 179(b)(2) will be
imposed 18 months after the effective date of this action, and the
highway funding sanction in CAA section 179(b)(1) six months after the
offset sanction is imposed. A sanction will not be imposed if the EPA
determines that a subsequent SIP submission corrects the identified
deficiencies before the applicable deadline.

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the
MDAQMD rule described in the amendments to 40 CFR part 52 set forth
below. The EPA has made, and will continue to make, these documents
available through www.regulations.gov and at the EPA Region IX Office
(please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section of this preamble for more information).

V. Statutory and Executive Order Reviews

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

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.

B. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under
the PRA because this action does not impose additional requirements
beyond those imposed by state law.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities beyond those
imposed by state law.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. This action does not impose additional requirements
beyond those imposed by state law. Accordingly, no additional costs to
State, local, or tribal governments, or to the private sector, will
result from this action.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the National Government and the states, or on the distribution of power
and responsibilities among the various levels of government.

F. Executive Order 13175: Coordination With Indian Tribal Governments

    This action does not have tribal implications, as specified in
Executive Order 13175, because the SIP is not approved to apply on any
Indian reservation land or in any other area where the EPA or an Indian
tribe has demonstrated that a tribe has jurisdiction, and will not
impose substantial direct costs on tribal governments or preempt tribal
law. Thus, Executive Order 13175 does not apply to this action.

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

    The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive order. This action is not subject to
Executive Order 13045 because it does not impose additional
requirements beyond those imposed by state law.

H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use

    This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    Section 12(d) of the NTTAA directs the EPA to use voluntary
consensus standards in its regulatory activities unless to do so would
be inconsistent with applicable law or otherwise impractical. The EPA
believes that this action is not subject to the requirements of section
12(d) of the NTTAA because application of those requirements would be
inconsistent with the CAA.

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

    The EPA lacks the discretionary authority to address environmental
justice in this rulemaking.

K. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the

Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).

L. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by November 9, 2021. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements (see section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: September 1, 2021.
Deborah Jordan,
Acting Regional Administrator, Region IX.
    For the reasons stated in the preamble, the Environmental
Protection Agency amends part 52, chapter I, title 40 of the Code of
Federal Regulations as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart F--California

0
2. Section 52.220 is amended by adding paragraphs (c)(207)(i)(D)(5) and
(c)(518)(i)(A)(7) to read as follows:

Sec.  52.220   Identification of plan-in part.

* * * * *
    (c) * * *
    (207) * * *
    (i) * * *
    (D) * * *
    (5) Previously approved on November 1, 1996 in paragraph
(c)(207)(i)(D)(3) of this section and now deleted with replacement in
paragraph (c)(518)(i)(A)(6) of this section, Rule 1160, adopted on
October 26, 1994.
* * * * *
    (518) * * *
    (i) * * *
    (A) * * *
    (7) Rule 1160, ``Internal Combustion Engines,'' amended on January
22, 2018.
* * * * *
[FR Doc. 2021-19435 Filed 9-9-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 113 (Monday, June 13, 2011)]
[Notices]
[Page 34245]
[FR Doc No: 2011-14488]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-1976-DR; Docket ID FEMA-2011-0001]

Kentucky; Amendment No. 9 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the Commonwealth of Kentucky (FEMA-1976-DR), dated May 4, 2011, and
related determinations.

DATES: Effective Date: June 1, 2011.

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

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the Commonwealth of Kentucky is hereby amended to include the
following areas among those areas determined to have been adversely
affected by the event declared a major disaster by the President in his
declaration of May 4, 2011.

    Christian, Hopkins, Menifee, Nelson, and Rowan Counties for
Public Assistance, including direct Federal assistance.
    McCracken County for Public Assistance, including direct Federal
assistance (already designated for emergency protective measures
[Category B], limited to 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. 2011-14488 Filed 6-10-11; 8:45 am]
BILLING CODE 9111-23-P


SN-17-0011 Sanitized Support Documents Index:
 SN-17-0011 Sanitized Determination Document (linked)
 SN-17-0011 Sanitized CHEM Report (attached)
 SN-17-0011 Sanitized ECO Report (attached)
 SN-17-0011 Sanitized ENG Report (attached)
 SN-17-0011 Sanitized EXP Report (attached)
 SN-17-0011 Sanitized Fate Report (attached)
 SN-17-0011 Sanitized HLTH Report_POST-FOCUS FINAL (attached)


[Federal Register Volume 87, Number 222 (Friday, November 18, 2022)]
[Notices]
[Pages 69278-69280]
[FR Doc No: 2022-25210]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2007-D-0369]

Product-Specific Guidances; Draft and Revised Draft Guidances for
Industry; Availability

AGENCY: Food and Drug Administration, Department of Health and Human
Services (HHS).

ACTION: Notice of availability.

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SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
the availability of additional draft and revised draft product-specific
guidances. The guidances provide product-specific recommendations on,
among other things, the design of bioequivalence (BE) studies to
support abbreviated new drug applications (ANDAs). In the Federal
Register of June 11, 2010, FDA announced the availability of a guidance
for industry entitled ``Bioequivalence Recommendations for Specific
Products'' that explained the process that would be used to make
product-specific guidances available to the public on FDA's website.
The guidances identified in this notice were developed using the
process described in that guidance.

DATES: Submit either electronic or written comments on the draft
guidance by January 17, 2023 to ensure that the Agency considers your
comment on this draft guidance before it begins work on the final
version of the guidance.

ADDRESSES: You may submit comments on any guidance at any time as
follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.

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

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2007-D-0369 for ``Product-Specific Guidances; Draft and Revised
Draft Guidances for Industry.'' Received comments will be placed in the
docket and, except for those submitted as ``Confidential Submissions,''
publicly viewable at https://www.regulations.gov or at the Dockets
Management Staff between 9 a.m. and 4 p.m., Monday through Friday, 240-
402-7500.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852,<PHONE_NUMBER>.
    You may submit comments on any guidance at any time (see 21 CFR
10.115(g)(5)).
    Submit written requests for single copies of the draft guidance to
the Division of Drug Information, Center for Drug Evaluation and
Research, Food and Drug Administration, 10001 New Hampshire Ave.,
Hillandale Building, 4th Floor, Silver Spring, MD 20993-0002. Send one
self-addressed adhesive label to assist that office in processing your
requests. See the SUPPLEMENTARY INFORMATION section for electronic
access to the draft guidance document.

FOR FURTHER INFORMATION CONTACT: Christine Le, Center for Drug
Evaluation and Research, Food and Drug Administration,<PHONE_NUMBER>,
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    In the Federal Register of June 11, 2010 (75 FR 33311), FDA
announced the availability of a guidance for industry entitled
``Bioequivalence Recommendations for Specific Products'' that explained
the process that would be used to make product-specific guidances
available to the public on FDA's website at https://www.fda.gov/drugs/guidance-compliance-regulatory-information/guidances-drugs.
    As described in that guidance, FDA adopted this process as a means
to develop and disseminate product-specific guidances and provide a
meaningful opportunity for the public to consider and comment on those
guidances. Under that process, draft guidances are posted on FDA's
website and announced periodically in the Federal Register. The public
is encouraged to submit comments on those recommendations within 60
days of their announcement in the Federal Register. FDA considers any
comments received and either publishes final guidances or publishes
revised draft guidances for comment. Guidances were last announced in
the Federal Register on August 3, 2022 (87 FR 47425). This notice
announces draft product-specific guidances, either new or revised, that
are posted on FDA's website.

II. Drug Products for Which New Draft Product-Specific Guidances Are
Available

    FDA is announcing the availability of new draft product-specific
guidances for industry for drug products containing the following
active ingredients:

     Table 1--New Draft Product-Specific Guidances for Drug Products
------------------------------------------------------------------------
                          Active ingredient(s)
-------------------------------------------------------------------------
Ammonium lactate (multiple reference listed drugs).
Budesonide.
Calcitonin salmon.
Clindamycin phosphate.
Deferiprone.
Drospirenone; Estetrol.
Eteplirsen.
Fidaxomicin.
Fosdenopterin hydrobromide.
Hydrocortisone.
Hydroxyurea.
Inotersen sodium.
Ketotifen fumarate.
Magnesium sulfate; Potassium chloride; Sodium sulfate.
Melphalan flufenamide hydrochloride.
Miconazole nitrate; White petrolatum; Zinc oxide.
Mometasone furoate.
Nicardipine hydrochloride.
Omeprazole magnesium.
Patisiran sodium.
Ponesimod.
Ranolazine.
Tepotinib hydrochloride.
Tivozanib hydrochloride.
Triamcinolone acetonide.
Trilaciclib dihydrochloride.
Varenicline tartrate.
Voclosporin.
------------------------------------------------------------------------

III. Drug Products for Which Revised Draft Product-Specific Guidances
Are Available

    FDA is announcing the availability of revised draft product-
specific guidances

for industry for drug products containing the following active
ingredients:

   Table 2--Revised Draft Product-Specific Guidances for Drug Products
------------------------------------------------------------------------
                          Active ingredient(s)
-------------------------------------------------------------------------
Acyclovir.
Baricitinib.
Calcium carbonate; Famotidine; Magnesium hydroxide.
Daunorubicin citrate.
Deferiprone.
Ethinyl estradiol; Norethindrone acetate.
Ferric oxyhydroxide (multiple reference listed drugs).
Goserelin acetate (multiple reference listed drugs).
Icosapent ethyl.
Lapatinib ditosylate.
Lidocaine.
Oxycodone.
Progesterone.
Ranolazine.
Rifaximin.
Sodium phosphate, dibasic, anhydrous; Sodium phosphate, monobasic,
 monohydrate.
Sumatriptan succinate (multiple product-specific guidances).
------------------------------------------------------------------------

    For a complete history of previously published Federal Register
notices related to product-specific guidances, go to https://www.regulations.gov and enter Docket No. FDA-2007-D-0369.
    These draft guidances are being issued consistent with FDA's good
guidance practices regulation (21 CFR 10.115). These draft guidances,
when finalized, will represent the current thinking of FDA on, among
other things, the product-specific design of BE studies to support
ANDAs. They do not establish any rights for any person and are not
binding on FDA or the public. You can use an alternative approach if it
satisfies the requirements of the applicable statutes and regulations.

IV. Paperwork Reduction Act of 1995

    FDA tentatively concludes that these draft guidances contain no
collection of information. Therefore, clearance by the Office of
Management and Budget under the Paperwork Reduction Act of 1995 is not
required.

V. Electronic Access

    Persons with access to the internet may obtain the draft guidance
at https://www.fda.gov/drugs/guidance-compliance-regulatory-information/guidances-drugs, https://www.fda.gov/regulatory-information/search-fda-guidance-documents, or https://www.regulations.gov.

    Dated: November 15, 2022.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2022-25210 Filed 11-17-22; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 82, Number 175 (Tuesday, September 12, 2017)]
[Notices]
[Page 42829]
[FR Doc No: 2017-19266]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4325-DR; Docket ID FEMA-2017-0001]

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

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Nebraska (FEMA-4325-DR), dated August 1, 2017, and
related determinations.

DATES: This amendment was issued August 21, 2017.

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

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of Nebraska is hereby amended to include the following
area among those areas determined to have been adversely affected by
the event declared a major disaster by the President in his declaration
of August 1, 2017.

    Platte County for Public Assistance.
    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050 Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

Brock Long,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2017-19266 Filed 9-11-17; 8:45 am]
 BILLING CODE 9111-23-P


[Federal Register: September 8, 2006 (Volume 71, Number 174)]
[Notices]
[Page 53141-53142]
[DOCID:fr08se06-82]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54396]

Self-Regulatory Organizations; Philadelphia Stock Exchange, Inc.;
Declaration of Effectiveness of the Philadelphia Stock Exchange
Fingerprinting Plan

August 31, 2006.
    On July 17, 2006, the Philadelphia Stock Exchange, Inc. (``Phlx'')
filed with the Securities and Exchange Commission (``Commission'') a
fingerprint plan (``Plan'') pursuant to Rule 17f-2(c) \1\ under the
Securities Exchange Act of 1934 (``Act'').\2\ A copy of the Plan is
attached as Exhibit A.
---------------------------------------------------------------------------

    \1\ 17 CFR 240.17f-2(c).
    \2\ 15 U.S.C. 78a et seq.
---------------------------------------------------------------------------

    The Phlx believes that the Plan will facilitate compliance by
Exchange members with Section 17(f)(2) of the Act and Rule 17f-2
thereunder by providing a facility for the fingerprints of directors,
partners, officers and employees of Exchange members to be submitted to
the Attorney General of the United States and processed electronically.
    Under the Plan, all persons who are seeking registration with the
Phlx or are currently registered with the Phlx submit fingerprint cards
or fingerprint results to the NASD, which then forwards the
fingerprints to the Federal Bureau of Investigation (``FBI'') (the
fingerprint processing arm of the Attorney General). The FBI identifies
submitted fingerprints, retrieves relevant criminal history
information, and returns fingerprint reports to the NASD. Phlx members
will be able to

view the status and results of fingerprints, including any relevant
criminal history information, through the NASD's Web Central
Registration Depository (Web CRD[supreg]) system after submission to
the Attorney General.
    The Commission has reviewed the procedures detailed in the Plan and
believes that the Plan is consistent with the public interest and the
protection of investors. Thus, the Commission declares the Plan
effective.
    The Commission notes that securities industry fingerprinting
procedures are in a state of flux due to rapidly advancing technology.
In the event that an industry-wide standard is adopted or becomes
prevalent and in the event that this Plan substantially differs
therefrom, the Commission would expect the Phlx to revise its
fingerprint plan to incorporate the industry-wide standard.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\3\
---------------------------------------------------------------------------

    \3\ 17 CFR 200.30-3(a)(17)(iii).
---------------------------------------------------------------------------

Nancy M. Morris,
Secretary.

Exhibit A--Philadelphia Stock Exchange Fingerprinting Plan

    The Philadelphia Stock Exchange, Inc. (``Phlx'' or ``Exchange'')
submits this amendment to its Fingerprinting Plan (``Amended
Fingerprinting Plan'') pursuant to Section 17(f)(2) of the Securities
Exchange Act of 1934 (``Act'') and Rule 17f-2(c) thereunder. This
Amended Fingerprinting Plan supersedes and replaces the Exchange's
current fingerprinting plan.\4\ The purpose of this Amended
Fingerprinting Plan is to facilitate compliance by Exchange Members
with Section 17(f)(2) of the Act and Rule 17f-2 thereunder by providing
a facility for the fingerprints of directors, partners, officers and
employees of Exchange members to be submitted to the Attorney General
of the United States and processed electronically.
---------------------------------------------------------------------------

    \4\ The Exchange's current fingerprinting plan was approved on a
permanent basis by the Securities and Exchange Commission
(``Commission'') on December 23, 1976. See Securities Exchange Act
Release No. 13105, 42 FR 753 (January 4, 1977).
---------------------------------------------------------------------------

    The Exchange has established an arrangement with the National
Association of Securities Dealers, Inc. (``NASD'') to permit all
individuals that must be registered or approved by the Exchange
(``registered persons'') to be electronically registered with the
Exchange through the NASD's Web Central Registration Depository (``Web
CRD''). Web CRD is a Web-based system that provides broker-dealers and
their associated persons with ``one-stop filing'' with the Commission,
the NASD and other self-regulatory organizations and regulators. Web
CRD is operated by the NASD and is used by participating regulators in
connection with registering and licensing broker-dealers and their
associated persons. Pursuant to its Memorandum of Understanding with
the NASD \5\, all members submit hard copy fingerprint cards or results
of processed cards to the NASD.
---------------------------------------------------------------------------

    \5\ The Exchange and NASD executed a Memorandum of Understanding
on September 22, 2005.
---------------------------------------------------------------------------

    In connection with the arrangement with the NASD, all persons who
are seeking registration with the Exchange or are currently registered
with the Exchange, submit fingerprint cards or fingerprint results to
the NASD for processing and/or submission to the Attorney General. The
Attorney General provides the NASD with fingerprint processing results
for persons seeking registration, and the results are provided to the
members. The NASD notifies the Exchange if the fingerprint results
received by the NASD contain information indicating that the person is
subject to a statutory disqualification. In such an instance, the
Exchange reviews the fingerprint results to determine the possible
existence of a statutory disqualification as defined in Section
3(a)(39) of the Act, and takes appropriate action, if necessary,
concerning eligibility or continued eligibility of the individual for
employment or association with an Exchange member. Any maintenance of
fingerprint records by the Exchange shall be for the Exchange's own
administrative purposes, and the Exchange is not undertaking to
maintain fingerprint records on behalf of Exchange members pursuant to
Rule 17f-2(d)(2). The Exchange advises its members and member
applicants of any fees charged in connection with processing of
fingerprints pursuant to the Amended Fingerprinting Plan. The Exchange
will file any such Exchange member fees with the Commission pursuant to
Section 19(b) of the Act.
    The Exchange shall not be liable for losses or damages of any kind
in connection with the fingerprint services, as a result of a failure
to properly follow the procedures described above, or as a result of
lost or delayed fingerprint cards, fingerprint records, or fingerprint
processing results, or as a result of any action by the Exchange or the
Exchange's failure to take action in connection with this Amended
Fingerprinting Plan.

[FR Doc. E6-14876 Filed 9-7-06; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 82, Number 1 (Tuesday, January 3, 2017)]
[Notices]
[Page 118]
[FR Doc No: 2016-31832]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2011-0855; FRL-9955-72]

Paraquat Dichloride Human Health Mitigation Decision; Notice of
Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: This notice announces the availability of EPA's human health
mitigation decision for the pesticide paraquat dichloride, case 0262.
Registration review is EPA's periodic review of pesticide registrations
to ensure that each pesticide continues to satisfy the statutory
standard for registration, that is, that the pesticide can perform its
intended function without causing unreasonable adverse effects on human
health or the environment. Through this program, EPA is ensuring that
each pesticide's registration is based on current scientific and other
knowledge, including its effects on human health and the environment.
EPA may pursue mitigation at any time during the registration review
process if it finds that a pesticide poses unreasonable adverse effects
to human health or the environment. Based on the number and severity of
paraquat human health incidents, the EPA believes that the mitigation
measures outlined in this human health mitigation decision are
necessary to address identified human health risk concerns.

FOR FURTHER INFORMATION CONTACT: For pesticide specific information,
contact: Marianne Mannix, Pesticide Re-Evaluation Division (7508P),
Office of Pesticide Programs, Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number:
(703) 347-0275; email address<EMAIL_ADDRESS>    For general information on the registration review program,
contact: Richard Dumas, Pesticide Re-Evaluation Division (7508P),
Office of Pesticide Programs, Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number:
(703) 308-8015; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

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

B. How can I get copies of this document and other related information?

    The docket for this action, identified by docket identification
(ID) number EPA-HQ-OPP-2011-0855, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory
Public Docket (OPP Docket) in the Environmental Protection Agency
Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334,
1301 Constitution Ave. NW., Washington, DC 20460-0001. The Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the OPP
Docket is<PHONE_NUMBER>. Please review the visitor instructions and
additional information about the docket available at http://www.epa.gov/dockets.

II. What action is the agency taking?

    Pursuant to 40 CFR 155.58(c), this notice announces the
availability of EPA's human health mitigation decision for paraquat
dichloride, case 0262. Paraquat is a widely used broad spectrum
herbicide for the control of weeds in many agricultural and non-
agricultural settings. It is also used as a desiccant on crops, prior
to harvest. It is classified as restricted use due to high toxicity. An
estimated 1.5 teaspoons (tsp) can be lethal if ingested and there is no
known antidote. Paraquat dichloride is associated with a
disproportionately high number of incidents including accidental
ingestions typically leading to fatalities as well as occupational
spills, splashes, and leaks resulting in severe and often damaging
dermal or ocular contact. Paraquat is known to be corrosive to skin and
eyes. EPA recently reviewed all available incident information and
determined that mitigation measures to address these human health risk
concerns are necessary.
    In addition to the human health mitigation decision document, the
registration review docket for paraquat dichloride also includes other
relevant documents related to the registration review of this case. The
proposed human health mitigation decision was posted to the docket in
March 2016, and the public was invited to submit any comments or new
information.
    During the 60-day comment period, comments were received that
resulted in changes to the Agency's human health mitigation decision,
including that backpack and hand-held application methods will remain,
but will require the development of special containers as part of a
`closed system' that prevents spills, mixing, pouring or other actions
that could lead to paraquat exposure.
    Pursuant to 40 CFR 155.58(c), the registration review case docket
for paraquat dichloride will remain open until registration review has
been completed.
    Background on the registration review program is provided at:
http://www2.epa.gov/pesticide-reevaluation. Links to earlier documents
related to the registration review of this pesticide are provided at:
http://www.epa.gov/ingredients-used-pesticide-products/paraquat.

    Authority:  7 U.S.C. 136 et seq.

    Dated: December 7, 2016.
Yu-Ting Guilaran,
Director, Pesticide Re-Evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2016-31832 Filed 12-30-16; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 75, Number 219 (Monday, November 15, 2010)]
[Notices]
[Pages 69725-69726]
[FR Doc No: 2010-28608]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-63277; File No. SR-FINRA-2010-058]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing and Immediate Effectiveness of
Proposed Rule Change To Delay the Effective Date of the Changes to the
FINRA Trade Reporting and Order Audit Trail System Rules Approved in
SR-FINRA-2010-043

November 8, 2010.
    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 November 5, 2010, Financial Industry Regulatory Authority, Inc.
(``FINRA'') filed with the Securities and Exchange Commission (``SEC''
or ``Commission'') the proposed rule change as described in Items I and
II below, which Items have been substantially prepared by FINRA. FINRA
has designated the proposed rule change as ``constituting a stated
policy, practice, or interpretation with respect to the meaning,
administration, or enforcement of an existing rule'' under Section
19(b)(3)(A)(i) of the Act \3\ and Rule 19b-4(f)(1) thereunder,\4\ which
renders the proposal effective upon receipt of this filing by the
Commission. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(i).
    \4\ 17 CFR 240.19b-4(f)(1).
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    FINRA is proposing a rule change to delay the effective date of the
changes to the FINRA trade reporting and Order Audit Trail System
(``OATS'') rules as proposed in SR-FINRA-2010-043 and approved by the
SEC on October 4, 2010.\5\ The new effective date will be the new
compliance date of the amendments to SEC Regulation SHO.
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 63032 (October 4,
2010), 75 FR 62439 (October 8, 2010) (Order Approving File No. SR-
FINRA-2010-043).
---------------------------------------------------------------------------

    The proposed rule change would not make any changes to the text of
FINRA rules.

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

    In its filing with the Commission, FINRA included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. FINRA 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
    On February 26, 2010, the SEC adopted changes to SEC Regulation SHO
with a compliance date of November 10, 2010.\6\ On November 4, 2010,
the SEC delayed the compliance date of these amendments to SEC
Regulation SHO until February 28, 2011.\7\
---------------------------------------------------------------------------

    \6\ See Securities Exchange Act Release No. 61595 (February 26,
2010), 75 FR 11232 (March 10, 2010).
    \7\ See Securities Exchange Act Release No. 63247 (November 4,
2010).
---------------------------------------------------------------------------

    On August 6, 2010, FINRA filed a proposed rule change, including
amendments to FINRA's trade reporting and OATS rules consistent with
the amendments to SEC Regulation SHO (SR-FINRA-2010-043) (the ``Short
Exempt Filing''). The Short Exempt Filing was approved by the
Commission on October 4, 2010 with an effective date of November 10,
2010. In light of the delay of the compliance date for the amendments
to SEC Regulation SHO, FINRA is proposing to likewise delay the
effective date of the FINRA amendments proposed in the Short Exempt
Filing until the new compliance date of SEC Regulation SHO.
    FINRA has filed the proposed rule change for immediate
effectiveness. The implementation date will be the new compliance date
of SEC Regulation SHO.
2. Statutory Basis
    FINRA believes that the proposed rule change is consistent with the
provisions of Section 15A(b)(6) of the Act,\8\ which requires, among
other things, that FINRA rules must be designed to prevent fraudulent
and manipulative acts and practices, to promote just and equitable
principles of trade and, in general, to protect investors and the
public interest. FINRA believes that delaying the effective date of the

amendments proposed in the Short Exempt Filing is appropriate in light
of the delay of the compliance date of SEC Regulation SHO.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78o-3(b)(6).
---------------------------------------------------------------------------

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

    FINRA does not believe that the proposed rule change 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

    Written comments were neither solicited nor received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \9\ and paragraph (f)(1) of Rule 19b-4
thereunder.\10\ At any time within 60 days of the filing of the
proposed rule change, the Commission may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(1).
---------------------------------------------------------------------------

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 e-mail to<EMAIL_ADDRESS>Please include
File Number SR-FINRA-2010-058 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-FINRA-2010-058. 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 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 a.m. and 3 p.m. Copies of such filing also will be
available for inspection and copying at the principal office of FINRA.
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-FINRA-2010-058
and should be submitted on or before December 6, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-28608 Filed 11-12-10; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 246 (Friday, December 23, 2022)]
[Notices]
[Pages 79064-79065]
[FR Doc No: 2022-27906]

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

DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2022-0137]

Pipeline Safety: Random Drug Testing Rate; Management Information
System Reporting; and Obtaining Drug and Alcohol Management Information
System Sign-In Information

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.

ACTION: Notice.

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

SUMMARY: PHMSA has determined that the minimum random drug testing rate
for covered employees will be reduced to 25 percent during calendar
year 2023. Operators are reminded that drug and alcohol (D&A) testing
information must be submitted for contractors who are performing or are
ready to perform covered functions. For calendar year 2022 reporting,
the username and password for the Drug and Alcohol Management
Information System (DAMIS) will be available in the PHMSA Portal.

DATES: Applicable January 1, 2023, through December 31, 2023.

FOR FURTHER INFORMATION CONTACT: Wayne Lemoi, Drug & Alcohol Program
Manager, Office of Pipeline Safety, by phone at<PHONE_NUMBER> or by
email at [email protected].

SUPPLEMENTARY INFORMATION:

Notice of Calendar Year 2023 Minimum Annual Percentage Rate for Random
Drug Testing

    Operators of gas, hazardous liquid and carbon dioxide pipeline
facilities, liquefied natural gas (LNG) plants, and underground natural
gas storage facilities must randomly select and test a percentage of
all covered employees for prohibited drug use in accordance with 49
Code of Federal Regulations (CFR) part 199. The Administrator can
adjust this random drug testing rate based on the reported positive
rate in the industry's random drug tests, which is submitted in
operators' annual MIS reports as required by Sec.  199.119(a). In
accordance with Sec.  199.105(c)(3), if the reported positive drug test
rate is below 1.0 percent for 2 consecutive calendar years, the
Administrator can lower the random drug testing rate to 25 percent of
all covered employees.
    Pursuant to Sec.  199.105(c)(3), the Administrator is lowering the
PHMSA minimum annual random drug testing rate for all covered employees
to 25 percent in calendar year 2023 because the random drug test
positive rate for the pipeline industry was reported at less than 1.0
percent in the consecutive calendar years of 2020 and 2021.

Reminder for Operators To Report Contractor MIS Data

    In 2021, PHMSA released new PHMSA Supplemental Instructions for DOT
Drug & Alcohol Management Information System Reporting online. These
instructions provide operators with the appropriate process for
collecting and reporting annual D&A testing data for contractors. The
supplemental instructions help ensure that PHMSA can identify all the
contractors who performed D&A covered functions for a specific pipeline
operator; identify all the pipeline operators for whom a specific
contractor performed D&A covered functions; and has received a complete
and accurate MIS report for each contractor who performed D&A covered
functions on any PHMSA-regulated pipeline or facility in the applicable
calendar year.
    Pursuant to Sec. Sec.  199.119(a) and 199.229(a), an operator
having more than 50 covered employees is a large operator and an
operator having 50 or fewer covered employees is a small operator.
While contractor employees are covered employees per the regulations in
Sec.  199.3 and must be treated as such with regards to part 199,
contractor employees are not included in the calculation to determine
if an operator is a large or small operator.
    Large operators are always required to submit annual MIS reports
whereas small operators are only required to submit MIS reports upon
written request from PHMSA. If a small operator has submitted an MIS
report for calendar year 2020 or 2021, the PHMSA Portal message may
state that no MIS report is required for calendar year 2022. If a small
operator has grown to more than 50 covered employees during calendar
year 2022, the PHMSA Portal message will include instructions for how
to obtain a DAMIS username and password for the 2022 calendar year
reporting period.
    If an operator is required to submit an MIS report in accordance
with part 199, that report is not complete until PHMSA receives an MIS
data report for each contractor that performed covered functions as
defined in Sec.  199.3. Operators must submit operator and contractor
employee testing data in separate MIS reports to avoid duplicative
reporting and inaccurate data that could affect the positive rate for
the pipeline industry.

Reminder of Method for Operators To Obtain Username and Password for
Electronic Reporting

    By early January 2023, the username and password required for an
operator to access DAMIS and enter calendar year 2022 data will be
available to all operator staff with access to the PHMSA Portal.
Pipeline operators have been submitting reports required by 49 CFR
parts 191 and 195 through the PHMSA Portal (https://portal.phmsa.dot.gov/pipeline) since 2011. PHMSA determined that
distributing information via the PHMSA Portal would be more effective
than the previous mailing process.
    When the DAMIS username and password are available in the PHMSA
Portal, all registered users will receive an email to that effect. If
operator staff responsible for submitting MIS reports do not receive
the DAMIS information, they should coordinate with other registered
PHMSA Portal users within their company to obtain the DAMIS username
and password. Registered PHMSA Portal users for operators typically
include operator staff or consultants who submit annual and incident
reports through PHMSA F 7000- and 7100-series forms.
    Operators that have not previously registered staff in the PHMSA
Portal for the reporting purposes of parts 191 and 195 can register
users by following the instructions at: https://portal.phmsa.dot.gov/PHMSAPortal2/staticContentRedesign/howto/PortalAccountCreation.pdf.

    Issued in Washington, DC, on December 19, 2022, under authority
delegated in 49 CFR 1.97.
Alan K. Mayberry,
Associate Administrator for Pipeline Safety.
[FR Doc. 2022-27906 Filed 12-22-22; 8:45 am]
BILLING CODE 4910-60-P


[Federal Register: March 29, 2007 (Volume 72, Number 60)]
[Notices]
[Page 14788-14789]
[DOCID:fr29mr07-65]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP07-113-000]

SemGas Storage, L.L.C.; Notice of Petition for Exemption

March 23, 2007.
    Take notice that on March 22, 2007, SemGas Storage L.L.C. (SemGas),
6120 Yale Avenue, Tulsa, OK 74136, filed with the Commission in Docket
No. CP07-113-000 a petition for exemption from certificate requirements
for temporary acts and operations and request for expedited action,
pursuant to section 7(c)(1)(b) of the Natural Gas Act (NGA), as
amended, and Rule 207(a)(5) of the Commission's Rules of Practice and
Procedure. SemGas seeks approval of an exemption from the certificate
requirements in order to perform temporary activities related to the
determination of the feasibility of the Avoca Storage Project in
Steuben County, New York, as more fully set forth in the petition which
is open to the public for inspection. This filing may be also viewed on
the Web 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, please contact FERCOnline
Support at<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>,
or TTY, contact<PHONE_NUMBER>.
    Any questions regarding the petition should be directed to T.W.
Cook, Two Warren Place, 6120 Yale Avenue, Suite 700, Tulsa, OK 74136,
or via telephone at<PHONE_NUMBER>, facsimile number<PHONE_NUMBER>, or
e-mail<EMAIL_ADDRESS>    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below, file with the Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit 14 copies of filings made with the Commission and must mail a
copy to the applicant and to every other party in the proceeding. Only
parties to the proceeding can ask for court review of Commission orders
in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commenters will be

placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commenters will not be required to serve copies of filed
documents on all other parties. However, the non-party commenters will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    The Commission strongly encourages electronic filings of comments,
protests and interventions via the Internet in lieu of paper. See, 18
CFR 385.2001(a)(1)(iii) and the instructions on the Commission's Web
site (http://www.ferc.gov) under the ``e-Filing'' link.

    Comment Date: April 2, 2007.

Philis J. Posey,
Acting Secretary.
[FR Doc. E7-5758 Filed 3-28-07; 8:45 am]

BILLING CODE 6717-01-P


------

			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on July 22, 2005

NOTICE OF ACTION TAKEN -- DOCKETS OST-2002-130612003-15371

                                     OST-2002-13011

________________________________________________________________________
________________________________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Applications of      FRONTIER AIRLINES, INC. (FRONTIER)  filed
6/11/20045/18/05 for:

XX  Renewal of exemption authority for two years under 49 U.S.C. 40109
to provide the following service:

Docket OST-2002-13061:

Scheduled foreign air transportation of persons, property, and mail
between the terminal point Denver, Colorado, and the terminal point
Cancun,Puerto Vallarta, Mexico.

Docket OST-2002-13011:

Scheduled foreign air transportation of persons, property, and mail
between (1) the terminal point Denver, Colorado, and the terminal point
San Jose del Cabo, Mexico; and (2) the terminal point

Denver, Colorado, and the terminal point Mazatlan, Mexico..  Frontier
requested that the authority be

renewed through August 23, 2006.

Applicant rep:   Edward P. Faberman<PHONE_NUMBER>719-7402    DOT
Analyst:  Linda L. LundellThuy H. Cooper<PHONE_NUMBER>5423

D I S P O S I T I O N

XX  Granted renewal of exemption authority for two years (subject to
conditions, see below)

XX  Dismissed request for longer-term authority (see remarks, below)

The above action was effective when taken:   : July 22, 2005 through
through July 22, 2007.

Action taken by:   Paul L. Gretch, Director

		      Office of International Aviation

XX   The authority granted is consistent with the aviation agreement
between the United States and Mexico.

Except to the extent exempted or waived, this authority is subject to
the terms, conditions, and limitations indicated:     		XX  Holder’s
certificates of public convenience and necessity

		XX  Standard Exemption Conditions (attached)

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

Conditions:  The U.S.-Mexico exemption authority granted is subject to
the dormancy notice requirements set forth in condition 7 of Appendix A
of Order 88-10-2.

Remarks:  In its application, Frontier requested that the subject
authority be renewed through August 23, 2006.  Consistent with our
standard practice for this type of application, we renewed Frontier’s
authority for two years and dismissed its request for longer-term
authority.

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

On the basis of data officially noticeable under Rule 24(g) of the
Department’s regulations, we found the applicant qualified to provide
the services authorized.

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our action was consistent with Department
policy; (2) grant of the authority was consistent with the public
interest; and (3) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975.
To the extent not granted or dismissed, we denied all requests in the
referenced Dockets.  We may amend, modify, or revoke the authority
granted in this Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

http://dms.dot.gov//reports/reports_aviation.aspU.S. Carrier Exemption
Conditions

In the conduct of the operations authorized, the U.S. carrier
applicant(s) shall:

(1)  Hold at all times effective operating authority from the government
of each country served;

(2)  Comply with applicable requirements concerning oversales contained
in 14 CFR 250 (for scheduled operations, if authorized);

(3)  Comply with the requirements for reporting data contained in 14 CFR
241;

(4)  Comply with requirements for minimum insurance coverage, and for
certifying that coverage to the Department, contained in 14 CFR 205;

(5)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR 203, concerning
waiver of Warsaw Convention liability limits and defenses;

(6)  Comply with all applicable requirements of the Federal Aviation
Administration and with all applicable U.S. Government requirements
concerning security, including, but not limited to, 49 CFR Part 1544.
To assure compliance with all applicable U.S. Government requirements
concerning security, the holder shall, before commencing any new service
(including charter flights) to or from a foreign airport, contact its
International Principal Security Inspector (IPSI) to advise the IPSI of
its plans and to find out whether the Transportation Security
Administration has determined that security is adequate to allow such
airport(s) to be served; and

(7)  Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department of Transportation, with all applicable orders and regulations
of other U.S. agencies and courts, and with all applicable laws of the
United States.

The authority granted shall be effective only during the period when the
holder is in compliance with the conditions imposed above.

05/2004

   On _________,
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[Federal Register Volume 77, Number 147 (Tuesday, July 31, 2012)]
[Notices]
[Page 45350]
[FR Doc No: 2012-18543]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

Notice of Availability of Microbial Risk Assessment Guideline:
Pathogenic Microorganisms With Focus on Food and Water

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability.

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

SUMMARY: The U.S. Environmental Protection Agency (EPA) and the Food
Safety and Inspection Service (FSIS) of the U.S. Department of
Agriculture are announcing the availability of the Microbial Risk
Assessment Guideline: Pathogenic Microorganisms with Focus on Food and
Water (MRA Guideline). The MRA Guideline will improve transparency in
the way that the two federal agencies conduct microbial risk assessment
and also promote consistency in approaches and methods. The MRA
Guideline can be applied to similar scenarios involving microbial
contamination, and it will serve a resource for federal government risk
assessors, their agents, contractors, and for other members of the risk
assessment community. When appropriate, the EPA intends to use the
guidance prospectively when conducting risk assessments.

DATES: The document, Microbial Risk Assessment Guideline: Pathogenic
Microorganisms with Focus on Food and Water will be available on July
31, 2012.

ADDRESSES: A downloadable version and supporting materials are
available on-line at http://www.epa.gov/raf/microbial.htm.

FOR FURTHER INFORMATION CONTACT: Dr. Michael W. Broder, Risk Assessment
Forum, Office of the Science Advisor (8105R), U.S. Environmental
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460.
His telephone number is<PHONE_NUMBER>. His email address is
<EMAIL_ADDRESS>    Internet: The document can be downloaded on-line at http://www.epa.gov/raf/microbial.htm.

SUPPLEMENTARY INFORMATION: Risk assessment is used by federal agencies
and other entities as a systematic way to prepare, organize, and
analyze information to help make informed regulatory decisions,
establish programs, and prioritize research.
    In 1983, Risk Assessment in the Federal Government; Managing the
Process was published by the National Research Council (NRC) of the
National Academy of Science to formalize the risk assessment process
for chemicals in the environment and provide a basic framework that
federal agencies could apply when conducting risk assessments. As the
use of risk assessment as a tool to assist the federal government in
its decision-making process has grown, it became apparent that the 1983
NRC framework document, which was designed to address chemical
contaminants, was not as useful for microbial risk assessment. Agencies
conducting quantitative microbial risk assessment had to individually
modify the 1983 framework to meet their specific needs. As a result,
there existed no consistent approach to conducting microbial risk
assessment among federal agencies.
    The EPA initiated the process of developing a microbial risk
assessment guideline and engaged FSIS to co-lead the project. They were
joined by scientists from other federal agencies in establishing a
collaborative effort to develop this guideline. Clear and credible
microbial risk assessment methods will leverage limited resources,
promote efficiencies, improve transparency with stakeholders, and
encourage joint interaction among agencies.
    The MRA Guideline facilitates the systematic and transparent
consideration of all relevant factors that impact the risk assessment,
and also facilitates reproducible risk evaluation. Using this
guideline, agencies assessing a similar microbial medium or pathogen
are able to more readily compare and contrast the details and
assumptions of their assessment to another agency's assessment.
Although the focus of this guideline is microbial contamination of
water and food, it will also be useful for microbial risk assessment in
a wide range of media and scenarios. The MRA Guideline applies to
viruses, bacteria, protozoa, and fungi that are or maybe pathogenic to
humans.
    EPA released a draft of the document for public comment in July,
2011(76 FR 44586). EPA received two public comments--one from a member
of the public and another from a foreign government authority
responsible for the assessment of similar health risks in their
country. All comments received by the comment period closing date were
shared with an external peer review panel for their consideration and
considered when revising the document. The MRA Guideline is available
at: http://www.epa.gov/raf/microbial.htm; the peer review panel's
comments and EPA's response to comments can also be found at the same
link.

    Dated: July 13, 2012.
Glenn Paulson,
Science Advisor.
[FR Doc. 2012-18543 Filed 7-30-12; 8:45 am]
BILLING CODE 6560-50-P


UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation on February 11, 2005

NOTICE OF ACTION TAKEN -- DOCKET OST 2005-20368

________________________________________________________________________
________________________________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Applicant:  VOLGA-DNEPR AIRLINES (Volga-Dnepr)				Date Filed:  February
9, 2005

Relief requested:

1)  Exemption from the foreign air carrier permit and exemption
conditions of Order 98-2-5 (Suspension of Cargo Air Operations between
the United States and Sudan); and

2)  Statement of authorization under 14 C.F.R. Part 212 of the
Department’s rules to the extent necessary to permit Volga-Dnepr to
operate one one-way fifth-freedom cargo charter flight with AN-124
aircraft from Huntsville, Alabama, to Khartoum, Sudan, on behalf of the
Department of State contractor ASB-AIR, Inc.  The purpose of the flight
is to transport machinery, cargo trucks, and wreckers, including
outsized pieces, to Sudan for delivery to the African Union Cease Fire
Commission Liaison Office within the framework of the State
Department’s program for Humanitarian Assistance and Reconstruction.
The flight is to operate on or about February 11, 2005 – February 14,
2005.

Order 98-2-5, issued by the Department pursuant to Executive Order 13067
(published at Fed. Reg. 59987-59990, November 5, 1997), strictly
prohibits virtually all transactions involving transportation of cargo
to/from Sudan, and does not address exceptions set forth in the
Executive Order.  Executive Order 13067 § 3(a), however, specifically
provides an exception for transactions for the conduct of the official
business of the Federal Government.  Volga-Dnepr asserts that it
understands that the subject shipment qualifies as “official business
of the Federal Government,” and requests an exemption from the
provisions of Order 98-2-5 in order to permit this flight to Sudan.
In support of its application, Volga-Dnepr submitted a copy of the
authority issued to the Department of State, African Affairs Bureau, by
the Department of Treasury, permitting it to conduct humanitarian or
economic support activities, such as the type at issue here, in Sudan.
In addition, by letter dated February 10, 2005, and filed as a
supplement to Volga-Dnepr’s exemption application, the Department of
State has represented to the Sudanese Civil Aviation Authority that the
shipment of vehicles and trailers constitutes a relief flight, and is
not intended for military use or purposes.

Applicant representative: Glenn P. Wicks,<PHONE_NUMBER>        			DOT
analyst: Brian J. Hedberg,<PHONE_NUMBER>

Responsive pleadings:  None filed.

        DISPOSITION

Action: Approved
                                          		Action date:  January 26,
2005

(We acted on this application without awaiting expiration of the 15-day
answer period with the consent of all parties served).

Effective dates of authority granted:  January 26, 2005 through January
30, 2005

Basis for approval: Based on the record before us, we found that the
exemption from Order 98-2-5 requested by the applicant, and the
statement of authorization under 14 C.F.R. Part 212, are in the public
interest.  We also found that reciprocity with the Russian Federation
warranted approval of Volga-Dnepr’s request to operate the subject
flight.

Except to the extent exempted/waived, this authority is subject to our
standard exemption conditions (attached) and to the condition that
Volga-Dnepr comply with an FAA-approved flight routing for the
authorized operation.

Action taken by:	Paul L. Gretch, Director

		      Office of International Aviation

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our action was consistent with Department
policy; (2) the applicant was qualified to perform its proposed
operations; (3) grant of the authority was consistent with the public
interest; and (4) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975.
To the extent not granted/deferred/dismissed, we denied all requests in
the referenced Docket.  We may amend, modify, or revoke the authority
granted in this Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations,

14 CFR § 385.30, may file their petitions within seven (7) days after
the date of issuance of this Notice.  This action was effective when
taken, and the filing of a petition for review will not alter such
effectiveness.

An electronic version of this document is available on the World Wide
Web at:

  HYPERLINK "http://dms.dot.gov//reports/reports_aviation.asp"
http://dms.dot.gov//reports/reports_aviation.asp

FOREIGN CARRIER EXEMPTION CONDITIONS
                              ATTACHMENT

In the conduct of the operations authorized, the foreign carrier
applicant(s) shall:

1) Not conduct any operations unless it holds a currently effective
authorization from its homeland for such operations, and it has filed a
copy of such authorization with the Department;

2) Comply with all applicable requirements of the Federal Aviation
Administration, including, but not limited to, 14 CFR Parts 129, 91, and
36, and with all applicable U.S. Government requirements concerning
security, including, but not limited to, 49 CFR Part 1546 or 1550, as
applicable.  To assure compliance with all applicable U.S. Government
requirements concerning security, the holder shall, before commencing
any new service (including charter flights) from a foreign airport that
would be the holder’s last point of departure for the United States,
contact its International Principal Security Inspector (IPSI) to advise
the IPSI of its plans and to find out whether the Transportation
Security Administration has determined that security is adequate to
allow such airport(s) to be served;

3) Comply with the requirements for minimum insurance coverage contained
in 14 CFR Part 205, and, prior to the commencement of any operations
under this authority, file evidence of such coverage, in the form of a
completed OST Form 6411, with the Federal Aviation Administration’s
Program Management Branch (AFS-260), Flight Standards Service (any
changes to, or termination of, insurance also shall be filed with that
office);

4) Not operate aircraft under this authority unless it complies with
operational safety requirements at least equivalent to Annex 6 of the
Chicago Convention;

5) Conform to the airworthiness and airman competency requirements of
its Government for international air services;

6) Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR Part 203,
concerning waiver of Warsaw Convention liability limits and defenses;

7) Agree that operations under this authority constitute a waiver of
sovereign immunity, for the purposes of 28 U.S.C. 1605(a), but only with
respect to those actions or proceedings instituted against it in any
court or other tribunal in the United States that are: a) based on its
operations in international air transportation that, according to the
contract of carriage, include a point in the United States as a point of
origin, point of destination, or agreed stopping place, or for which the
contract of carriage was purchased in the United States; or b) based on
a claim under any international agreement or treaty cognizable in any
court or other tribunal of the United States.  In this condition, the
term “international air transportation” means “international
transportation” as defined by the Warsaw Convention, except that all
States shall be considered to be High Contracting Parties for the
purpose of this definition;

8) Except as specifically authorized by the Department, originate or
terminate all flights to/from the United States in its homeland;

9) Comply with the requirements of 14 CFR Part 217, concerning the
reporting of scheduled, nonscheduled, and charter data;

10) If charter operations are authorized, except as otherwise provided
in the applicable aviation agreement, comply with the Department’s
rules governing charters (including 14 CFR Parts 212 and 380); and

11) Comply with such other reasonable terms, conditions, and limitations
required by the public interest as may be prescribed by the Department,
with all applicable orders or regulations of other U.S. agencies and
courts, and with all applicable laws of the United States.

This authority shall not be effective during any period when the holder
is not in compliance with the conditions imposed above.  Moreover, this
authority cannot be sold or otherwise transferred without explicit
Department approval under Title 49 of the U.S. Code.

 05/2004


[Federal Register: August 9, 2010 (Volume 75, Number 152)]
[Notices]
[Page 47869-47871]
[DOCID:fr09au10-89]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62632; File No. SR-BX-2010-049]

Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Amend the
Fee Schedule of the Boston Options Exchange Facility

August 3, 2010.
    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 July 16, 2010, NASDAQ OMX BX, Inc. (the ``Exchange'') filed with the
Securities and Exchange Commission (``Commission'') the proposed rule
change as described in Items I, II, and III below, which Items have
been prepared by the self-regulatory organization. The Exchange filed
the proposed rule change pursuant to Section 19(b)(3)(A)(ii) of the
Act,\3\ and Rule 19b-4(f)(2) thereunder,\4\ which renders the proposal
effective upon filing with the Commission. The Commission is publishing
this notice to solicit comments on the proposed rule from interested
persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend the Fee Schedule of the Boston
Options Exchange Group, LLC (``BOX''). The text of the proposed rule
change is available from the principal office of the Exchange, at the
Commission's Public Reference Room and also on the Exchange's Internet
Web site at http://nasdaqomxbx.cchwallstreet.com/NASDAQOMXBX/Filings/.

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 these statements may be examined at
the places specified in Item IV below. The self-regulatory organization
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
    (a) Changes to Trading Fees:
    The BOX Fee Schedule currently lists certain execution fees as
`standard' trading fees, meaning that these execution fees are not
dependent upon whether the transaction added or removed liquidity on
BOX.\5\ These standard fees, specifically within Sections 1-3 of the
BOX Fee Schedule, are applicable to certain Public Customer PIP
Improvement Orders,\6\ Broker Dealer proprietary accounts and Market
Maker accounts, respectively. The standard fees are currently set at
$0.20 per contract executed for Broker Dealer proprietary accounts and
Market Maker accounts. The Exchange proposes to make the following
adjustments to trading fees effective Monday, July 19, 2010; with the
exception of the Public Customer Trading Fees, which will be effective
August 1, 2010:
---------------------------------------------------------------------------

    \5\ See Section 7 of the BOX Fee Schedule which sets forth any
applicable `liquidity fees and credits'.
    \6\ According to Section 1 of the BOX Fee Schedule a Public
Customer is charged $0.15 per executed contract of an Improvement
Order on its behalf in the PIP where that order is not submitted as
a Customer PIP Order (``CPO'') whereby it is labeled as a ``non-
CPO''.
---------------------------------------------------------------------------

Public Customer Trading Fees
    The Exchange proposes to amend Section 1 of the BOX Fee Schedule
relating to standard transaction fees applicable to Public Customers.
Currently, except for non-CPO, there are no standard trading fees for
any Public Customer Orders which may be executed on BOX, including CPOs
and Public Customer Orders on the Book.\7\ The Exchange proposes to add
to the standard transaction fees for Public Customer accounts a $0.25
per executed contract charge for a Primary Improvement Order for a
Public Customer and, effective August 1, 2010, for all non-PIP
transactions, a $0.10 charge per executed contract.\8\
---------------------------------------------------------------------------

    \7\ Applicable charges and credits described in Section 7 of the
BOX Fee Schedule also apply to Public Customer Orders.
    \8\ The above fees are in addition to any applicable charges and
credits described in Section 7 of the BOX Fee Schedule.
---------------------------------------------------------------------------

Fees and Charges to SPY, QQQQ, and IWM
    Currently, the standard fee for transactions in the Exchange Traded
Fund Shares (``ETFs'') Standard & Poor's Depositary Receipts[reg]
(``SPY''), Powershares[reg] QQQ Trust Series 1 (``QQQQ'') and iShares
Russell 2000[reg]

Index Fund (``IWM'') are set at $0.10 per contract for Broker Dealers
and at $0.05 per contract for BOX Market Makers. In addition, the
credits and fees of Section 7 of the BOX Fee Schedule currently apply
equally for these three classes at $0.05 for both the fees and credits.
The Exchange proposes to remove the different fees for transactions in
SPY, QQQQ, and IWM throughout the BOX Fee Schedule so that transactions
in these three classes will no longer be treated separately from other
classes.
Transactions in the PIP
    Currently, the standard fee for transactions within the PIP,
including transactions in SPY, QQQQ and IWM, is set at $0.20 per
contract, both for Broker Dealers and for BOX Market Makers. The
Exchange proposes to amend Sections 2 and 3 to raise the standard
transaction fee for PIP executions from $0.20 to $0.25 both for Broker
Dealers and for BOX Market Makers.
Fees and Credits in Section 7
    Currently, the existing credits and fees within Section 7 for
transactions in the PIP are $0.15. These credits and fees apply equally
to all account types, whether Public Customer, Broker Dealer or Market
Maker and are in addition to any applicable trading fees, as described
in Sections 1 through 3 of the BOX Fee Schedule. The Exchange proposes
to increase the existing credits and fees within Section 7 for
transactions in the PIP, from $0.15 to $0.25.
    Currently, the volume discount for the fees charged to Initiating
Participants only applies to executions in PIP auctions initiated by
the particular Initiating Participant which occur at a price at least
better than the NBBO and after a threshold average daily volume
(``ADV'') of 50,000 contracts per month is reached. Any PIP executions
of the Initiating Participant above this threshold receive a $0.05
discount. The Exchange proposes to replace the volume discount with a
per contract execution fee based upon a tiered fee schedule to apply to
executions in PIP auctions initiated by the particular Initiating
Participant.\9\ Each Initiating Participant's ADV for executions in PIP
auctions will be calculated. All PIP executions by the Initiating
Participant for that month will be charged the same per contract fee
according to the respective PIP auction ADV pursuant to the following
table:
---------------------------------------------------------------------------

    \9\ This tiered fee schedule shall apply to the standard
transaction fee for PIP trades charged to Public Customers pursuant
to Section 1(b), Broker-Dealers pursuant to Section 2(a) or Market
Makers pursuant to Section 3(a) of the Fee Schedule. For example, a
Broker-Dealer Primary Improvement Order submitted by an Initiating
Participant who has reached the highest ADV tier of over 150,001
contracts executed in PIP auctions for the month will be charged a
$0.10 standard transaction fee plus a provide liquidity fee of
$0.25, for a total fee of $0.35 on his Primary Improvement Order.

------------------------------------------------------------------------
   Average daily volume for initiating participant      Fee per contract
------------------------------------------------------------------------
ADV of 150,001 contracts and greater.................              $0.10
ADV of 100,001 contracts to 150,000 contracts........               0.12
ADV of 50,001 contracts to 100,000 contracts.........               0.15
ADV of 20,001 contracts to 50,000 contracts..........               0.17
ADV of 0 contracts to 20,000 contracts...............               0.25
------------------------------------------------------------------------

    This proposed tiered fee schedule is designed to incent BOX
Participants to submit their Public Customer Orders into the PIP for
the possibility of price improvement. As a BOX Participant's monthly
PIP initiated trading volume increases, the per-contract fee that an
Initiating Participant is charged for such executions is decreased.
2. Basis
    The Exchange believes that the proposal is consistent with the
requirements of Section 6(b) of the Act,\10\ in general, and Section
6(b)(5) of the Act,\11\ in particular, as well as Section 6(b) of the
Act,\12\ in general, and Section 6(b)(4) of the Act,\13\ in particular,
in that it provides for the equitable allocation of reasonable dues,
fees, and other charges among its members and issuers and other persons
using its facilities. In particular, the proposed change will allow the
fees charged on BOX to remain competitive with other exchanges as well
as apply such fees in a manner which is equitable based upon the
particular account type, e.g. Public Customer, Market Maker or Broker
Dealer, for which such transactions are executed. The obligations of
Public Customers, Market Makers on BOX and Brokers Dealers that execute
transactions on BOX are different. For example, BOX Market Makers must
maintain active two-sided markets in options classes to which they are
assigned and also have certain restrictions regarding trading activity
in classes outside of their assignment, both of which do not apply to
Public Customers or Broker Dealers on BOX.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(5).
    \12\ 15 U.S.C. 78f(b).
    \13\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

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

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

    The Exchange has neither solicited nor received comments on the
proposed rule change.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Exchange Act \14\ and Rule 19b-4(f)(2)
thereunder,\15\ because it establishes or changes a due, fee, or other
charge applicable only to a member.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \15\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may abrogate the rule change if it
appears to the Commission that the action is necessary or appropriate
in the public interest, for the protection of investors, or would
otherwise further the purposes of the Act.

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 Comment

     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-BX-2010-049 on the subject line.

Paper Comment

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

All submissions should refer to File Number SR-BX-2010-049. 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 Web site viewing and
printing in the Commission's Public Reference Room, located at 100 F
Street, NE., Washington, DC 20549, on official business days between
the hours of 10 a.m. and 3 p.m. Copies of such filing also will be
available for inspection and copying at the principal office of the
Exchange. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-BX-
2010-049 and should be submitted on or before August 30, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
---------------------------------------------------------------------------

    \16\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-19607 Filed 8-6-10; 8:45 am]
BILLING CODE 8010-01-P