[Federal Register: January 11, 2010 (Volume 75, Number 6)]
[Notices]
[Page 1438-1439]
[DOCID:fr11ja10-99]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-61275; File No. SR-NYSE-2009-112]

Self-Regulatory Organizations; New York Stock Exchange LLC; Order
Approving a Proposed Rule Change Rescinding Information Memoranda 04-27
and 07-66 and Issuing a New Information Memo Concerning the Exchange's
Gap Quote Policy

January 4, 2010.

I. Introduction

    On November 9, 2009, the New York Stock Exchange LLC (``NYSE'' or
the ``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to rescind NYSE Information Memoranda 04-27 and
07-66 and issue a new Information Memo that provides updated parameters
for, and guidance on the application of, the Exchange's Gap Quote
Policy (the ``Policy''). In order to ensure an orderly transition to
usage of the new parameters, the Exchange has proposed that these
changes be made operative ten business days after the date of this
order. The proposed rule change was published for comment in the
Federal Register on December 1, 2009.\3\ The Commission received no
comment letters on the proposal. This order approves the proposed rule
change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 61048 (November 23,
2009), 74 FR 62863 (``Notice'').
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II. Description of the Proposal \4\
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    \4\ For a full description of the proposal, including an
overview of the history of the Policy and a detailed description of
the current terms of the Policy, see id.
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    The purpose of the Policy is to provide public notice of order
imbalances for securities, facilitate price discovery, and minimize
short-term price dislocation, by allowing for the entry of offsetting
orders or the cancellation of orders on the side of an imbalance.
    An order imbalance may occur when the Exchange receives a sudden
influx of orders for a particular security on the same side of the
market within a short time interval, or when one or more large-size
orders for a security are entered, and there is insufficient offsetting
interest. When an imbalance exists that the Designated Market Maker
(``DMM'') determines would cause a significant price dislocation, the
Policy provides that the DMM should widen the spread between the bid
and offer--a process known as ``gapping the quote.'' The use of a gap
quote signals the existence of the imbalance to the market in order to
attract contra-side liquidity and mitigate volatility.
    The proposed Information Memo includes a summary of the options
available to a DMM when publishing a gap quote. In this situation, a
DMM may: (1) Trade out of the gap quote by executing contra side
interest against the imbalance (allowing for any cancellations); (2)
update the gap quote, in consultation with a senior-level Floor
Official; or (3) request an order imbalance trading halt in the
security at issue, in consultation with a senior-level Floor Official.
    Under the proposal, the volume requirement for implementing a gap
quote would be reduced from at least 10,000 shares to at least 5,000
shares, and the value requirement for implementing a gap quote would be
reduced from $200,000 or more to $100,000 or more. If either
requirement is met, the DMM may implement a gap quote if it determines
the imbalance would cause a significant price dislocation. In addition,
the Exchange has proposed to clarify the factors DMMs consider when
setting the price of the gap quote. Finally, the Exchange has proposed
to clarify certain aspects of the Policy and make other technical or
non-substantive changes.

A. Reduced Minimum Size and Value Requirements

    The Exchange has proposed to reduce the minimum size and value
requirements for the use of a gap quote under the Policy to at least
5,000 shares or a market value of $100,000 or more. The Exchange
believes that these lower thresholds better reflect current market
conditions. In addition to reducing the quantitative requirements for
implementing a gap quote, the Exchange has proposed to add language
clarifying that, notwithstanding meeting the minimum size or value
requirement, an imbalance must also be anticipated to cause a
significant price dislocation in the stock at issue in order to justify
a gap quote. The Exchange believes it is important to emphasize that
whether a gap quote is appropriate depends on the characteristics of a
security as much as on the Policy's minimum requirements.

B. Setting the Price of the Gap Quote

    The current Information Memo instructs DMMs to set the price of a
gap quote ``at the price at which the DMM believes the stock would
trade if no contra side interest developed or no cancellations
occurred[.]'' The Exchange has instead proposed that the DMM should
publish the gap quote at the price where the DMM ``reasonably
anticipates'' the stock would trade if no contra side interest
developed or no cancellations occurred, which the Exchange believes
helps clarify the guidance.
    The Exchange has also proposed to clarify that the Policy still
requires a DMM to take into account, ``to the extent known,''
executable orders, e-Quotes and verbal interest in the Crowd (on the
side of the market opposite the imbalance) at prices better than the
price set by the DMM as the side of the gap quote opposite the
imbalance when making his or her pricing determination. If the
imbalance is known to be limited as to price, the DMM should not set
the gap quote higher than that limit price.
    The Exchange also has proposed to add a provision reminding the
DMMs that, at the time they publish a gap quote, they should set the
price of the gap quote such that it is likely to result in a trade of
at least the minimum size of 5,000 shares or $100,000 in value, thus
clearing all, or a substantial portion of, the imbalance.

C. Other Clarifications and Technical or Non-Substantive Changes

    The Exchange has also proposed several additional changes. A
complete list of these changes is set forth in the Notice.\5\ Among
these changes are the following:
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    \5\ See id. at 62865-66.
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     The Exchange has proposed to add language to the
Information Memo clarifying the DMM's responsibilities when
implementing a gap quote. DMMs must balance the need for accurate price
discovery with the need to attract contra side interest and trade out
of the gap quote as soon as possible. In doing so, the DMM should, in
consultation with a senior-level Floor Official, consider updating the
gap quote after initial publication if doing so is necessary to attract
sufficient contra side interest.
     The Exchange has proposed to add language reminding
members and member organizations that the gap quote procedures may not
be initiated after

trading has closed. Instead, where there is a significant imbalance in
a security at the close of trading, members and member organizations
should use the procedures provided under Exchange Rule 123C(8) when
attempting to mitigate the imbalance.
     The Information Memo currently includes an example
illustrating implementation of a gap quote following an influx of
orders from the Floor. The Exchange has proposed to add an example to
the Information Memo which illustrates how the Policy works when the
imbalance results in a liquidity replenishment point being reached.\6\
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    \6\ See NYSE Rule 1000(a)(iv).
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     Finally, because DMMs no longer act as agent for orders on
the Display Book under the rules of NYSE's New Market Model,\7\ the
proposed Information Memo would clarify that a DMM who fails to follow
the Policy would not be in violation the Order Display rule \8\ and/or
the Firm Quote rule \9\ under Regulation NMS, but could be liable under
NYSE Rules for a failure to maintain a fair and orderly market or a
failure to observe high standards of commercial honor and just and
equitable principles of trade.\10\
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    \7\ In October 2008, the Commission approved NYSE's proposal to
eliminate specialists and introduce DMMs. See Securities Exchange
Act Release No. 58845 (October 24, 2008), 73 FR 64379 (October 29,
2008) (SR-NYSE-2008-46).
    \8\ See 17 CFR 242.604.
    \9\ See 17 CFR 242.602.
    \10\ See NYSE Rules 104(a), 104(f) and 2010.
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III. Discussion and Commission Findings

    The Commission finds that the proposed rule change is consistent
with the requirements of the Act and the rules and regulations
thereunder applicable to a national securities exchange.\11\ In
particular, it is consistent with Section 6(b)(5) of the Act,\12\ which
requires, among other things, that the rules of a national securities
exchange be designed to promote just and equitable principles of trade,
to remove impediments to and perfect the mechanism of a free and open
market and a national market system and, in general, to protect
investors and the public interest. The proposed rule change also
supports the principles of Section 11A(a)(1) \13\ of the Act in that it
seeks to ensure the economically efficient execution of securities
transactions and fair competition among brokers and dealers and among
exchange markets.
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    \11\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
    \12\ 15 U.S.C. 78f(b)(5).
    \13\ 15 U.S.C. 78k-1(a)(1).
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    The Exchange stated in the proposal that it believes the current
volume and value requirements are too high in light of current market
conditions. Recent trends in market activity have driven down both
average trade sizes and average stock prices. As a result, the current
volume and value requirements are met less frequently than they once
were, and there are fewer occasions on which a DMM may use gap quotes
to facilitate price discovery and minimize short-term price
dislocation. The Exchange stated in its proposal that, based on its
analysis of historical market conditions, the proposal to lower the gap
quote volume and value requirements will permit an increased use of gap
quotes, which it believed would be appropriate for current market
conditions. In addition, the Exchange did not believe that lowering the
requirements would cause an increase in the use of gap quotes to such a
degree that would negatively impact the quality of the Exchange's
market. The revised volume and value requirements should provide
greater transparency and efficiency and additional reductions in
volatility, consistent with the purpose of the Policy.
    The Commission believes that the remaining aspects of the proposed
rule change set forth in the Notice are either technical or non-
substantive in nature, or are clarifications of the existing gap quote
policy, and therefore are consistent with the Act.
    The Commission notes that the Exchange represented in the Notice
that it has reasonable policies and procedures to surveil DMMs' use of
gap quotes and to detect the potential misuse of gap quotes in
violation of Exchange rules and Federal securities laws. Such
surveillance should provide the Exchange with information that will be
helpful in assessing the effects of an increased number of gap quotes
on the Exchange's market.
    In light of the foregoing, the Commission finds that the proposed
rule change is consistent with the Act and the rules and regulations
thereunder.

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\14\ that the proposed rule change (SR-NYSE-2009-112) be, and it
hereby is, approved.
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    \14\ 15 U.S.C. 78s(b)(2).
    \15\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-191 Filed 1-8-10; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: March 17, 2010 (Volume 75, Number 51)]
[Rules and Regulations]
[Page 12678-12679]
[DOCID:fr17mr10-12]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2009-1055; Airspace Docket No. 09-AAL-16]

Revision of Class E Airspace; Dillingham, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action revises Class E airspace at Dillingham, AK, to
accommodate amended Area Navigation (RNAV) Standard Instrument Approach
Procedures (SIAPs), conventional SIAPs, and an Obstacle Departure
Procedure (ODP) at Dillingham Airport. The FAA is taking this action to
enhance safety and management of Instrument Flight Rules (IFR)
operations at Dillingham Airport.

DATES: Effective 0901 UTC, June 3, 2010. The Director of the Federal
Register approves this incorporation by reference action under title 1,
Code of Federal Regulations, part 51, subject to the annual revision of
FAA Order 7400.9 and publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Gary Rolf, AAL-538G, Federal Aviation
Administration, 222 West 7th Avenue, Box 14, Anchorage, AK 99513-7587;
telephone number<PHONE_NUMBER>; fax:<PHONE_NUMBER>; e-mail:
<EMAIL_ADDRESS>Internet address: http://www.faa.gov/about/
office_org/headquarters_offices/ato/service_units/systemops/fs/
alaskan/rulemaking/.

SUPPLEMENTARY INFORMATION:

History

    On Wednesday, December 16, 2009, the FAA published a notice of
proposed rulemaking in the Federal Register to revise Class E airspace
at Dillingham, AK (74 FR 66595).
    Interested parties were invited to participate in this rulemaking
proceeding by submitting written comments on the proposal to the FAA.
No comments were received. The rule is adopted as proposed.
    The Class E airspace areas designated as surface areas are
published in paragraph 6002 of FAA Order 7400.9T, Airspace Designations
and Reporting Points, signed August 27, 2009, and effective September
15, 2009, which is incorporated by reference in 14 CFR 71.1. The Class
E airspace areas designated as 700/1,200 ft. transition areas are
published in paragraph 6005 of FAA Order 7400.9T, Airspace Designations
and Reporting Points, signed August 27, 2009, and effective September
15, 2009, which is incorporated by reference in 14 CFR 71.1. The Class
E airspace designations listed in this document will be published
subsequently in the Order.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR)
part 71 by revising Class E airspace at Dillingham Airport, AK, to
accommodate amended SIAPs, and an ODP at Dillingham Airport. This Class
E airspace will provide adequate controlled airspace upward from the
surface, and from 700 and 1,200 feet above the surface, for safety and
management of IFR operations at Dillingham Airport.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. Because this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this rule will not have a significant economic impact on
a substantial number of small entities under the criteria of the
Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle 1, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority.
    This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart 1, Section 40103, Sovereignty and use of
airspace. Under that section, the FAA is charged with prescribing
regulations to ensure the safe and efficient use of the navigable
airspace. This regulation is within the scope of that authority because
it creates Class E airspace sufficient in size to contain aircraft
executing instrument procedures for the Dillingham Airport and
represents the FAA's continuing effort to safely and efficiently use
the navigable airspace.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

0
In consideration of the foregoing, the Federal Aviation Administration
amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, CLASS B, CLASS C, CLASS D, AND
CLASS E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING
POINTS

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

    Authority:  49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854,
24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation
Administration Order 7400.9T, Airspace Designations and Reporting
Points, signed August 27, 2009, and effective September 15, 2009, is
amended as follows:

Paragraph 6002 Class E Airspace Designated as Surface Areas.

* * * * *

AAL AK E2 Dillingham, AK [Revised]

Dillingham Airport, AK
    (Lat. 59[deg]02'41'' N., long. 158[deg]30'20'' W.)
Dillingham VOR/DME
    (Lat. 58[deg]59'39'' N., long. 158[deg]33'08'' W.)

    Within a 4.4-mile radius of the Dillingham Airport, AK, and
within 3.1 miles each side of the 206[deg] radial of the Dillingham
VOR/DME, extending from the 4.4-mile radius to 10.4 miles southwest
of the Dillingham Airport, AK. This Class E airspace area is
effective during the specific dates and times established in advance
by a Notice to Airmen. The effective date and time will thereafter
be continuously published in the Airport/Facility Directory.
* * * * *

Paragraph 6005 Class E Airspace Extending Upward From 700 Feet or
More Above the Surface of the Earth.

* * * * *

AAL AK E5 Dillingham, AK [Revised]

Dillingham Airport, AK
    (Lat. 59[deg]02'41'' N., long. 158[deg]30'20'' W.)
Dillingham VOR/DME
    (Lat. 58[deg]59'39'' N., long. 158[deg]33'08'' W.)

    That airspace extending upward from 700 feet above the surface
within a 7-mile radius of the Dillingham Airport, AK, and within 3.1
miles either side of the 206[deg] radial of the Dillingham VOR/DME,
extending from the 7-mile radius to 14.1 miles southwest of the
Dillingham Airport, AK; and that airspace extending upward from
1,200 feet above the surface within a 22-mile radius of the
Dillingham Airport, AK.
* * * * *

    Issued in Anchorage, AK, on February 19, 2010.
Anthony M. Wylie,
Manager, Alaska Flight Services Information Area Group.
[FR Doc. 2010-5268 Filed 3-16-10; 8:45 am]
BILLING CODE 4910-13-P


Associate Administrator. The Large Packagings and testing methods must
be shown to have an equivalent level of safety.
* * * * *

PART 179--SPECIFICATIONS FOR TANK CARS

0
52. The authority citation for part 179 continues to read as follows:

    Authority:  49 U.S.C. 5101-5128; 49 CFR 1.81 and 1.97.

0
53. In Sec.  179.13, revise paragraph (b) to read as follows:

Sec.  179.13  Tank car capacity and gross weight limitation.

* * * * *
    (b) Tank cars containing poisonous-by-inhalation material meeting
the applicable authorized tank car specifications listed in Sec.
173.244(a)(2) or (3) or Sec.  173.314(c) or (d) of this subchapter may
have a gross weight on rail of up to 286,000 pounds (129,727 kg). Tank
cars containing poisonous-by-inhalation material not meeting the
specifications listed in Sec.  173.244(a)(2) or (3) or Sec.  173.314(c)
or (d) may be loaded to a gross weight on rail of up to 286,000 pounds
(129,727 kg) only upon approval of the Associate Administrator for
Safety, Federal Railroad Administration (FRA). Any increase in weight
above 263,000 pounds may not be used to increase the quantity of the
contents of the tank car.

0
54. In Sec.  179.24, revise the paragraph (a)(2) introductory text to
read as follows:

Sec.  179.24  Stamping.

* * * * *
    (a) * * *
    (2) Each plate must be stamped, embossed, or otherwise marked by an
equally durable method in letters 3/16 inch high with the following
information (parenthetical abbreviations may be used, and the AAR form
reference is to the applicable provisions of the AAR Specifications for
Tank Cars (IBR, see Sec.  171.7 of this subchapter):
* * * * *

PART 180--CONTINUING QUALIFICATION AND MAINTENANCE OF PACKAGINGS

0
55. The authority citation for part 180 continues to read as follows:

    Authority:  49 U.S.C. 5101-5128; 49 CFR 1.81 and 1.97.

0
56. In Sec.  180.209, revise the paragraph (j) introductory text to
read as follows:

Sec.  180.209  Requirements for requalification of specification
cylinders.

* * * * *
    (j) Cylinder used as a fire extinguisher. Only a DOT specification
cylinder used as a fire extinguisher and meeting the requirements of
Sec.  173.309(a) of this subchapter may be requalified in accordance
with this paragraph (j).
* * * * *

0
57. In Sec.  180.407:
0
a. In the table in paragraph (c), revise the entries for ``Internal
Visual Inspection'' and ``Pressure Test'' and the notes to table;
0
b. Revise paragraphs (d)(3) and (g)(1)(ii) introductory text; and
0
c. Add paragraph (j).
    The revisions and addition read as follows:

Sec.  180.407  Requirements for test and inspection of specification
cargo tanks.

* * * * *
    (c) * * *

                         Compliance Dates--Inspections And Test Under Sec.   180.407(c)
----------------------------------------------------------------------------------------------------------------
                                                                                Interval
Test or inspection (cargo tank specification,   Date by which first test must be completed (see    period after
         configuration, and service)                                Note 1)                         first test
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Internal Visual Inspection:
    All insulated cargo tanks, except MC 330,  September 1, 1991................................               1
     MC 331, MC 338 (see Note 4).
    All cargo tanks transporting lading        September 1, 1991................................               1
     corrosive to the tank.
    MC 331 cargo tanks less than 3,500         September 1, 2016................................              10
     gallons water capacity in dedicated
     propane service constructed of
     nonquenched and tempered NQT SA-612
     steel (see Note 5).
    All other cargo tanks, except MC 338.....  September 1, 1995................................               5

                                                  * * * * * * *
Pressure Test (Hydrostatic or pneumatic) (See
 Notes 2 and 3):
    All cargo tanks which are insulated with   September 1, 1991................................               1
     no manhole or insulated and lined,
     except MC 338.
    All cargo tanks designed to be loaded by   September 1, 1992................................               2
     vacuum with full opening rear heads.
    MC 330 and MC 331 cargo tanks in chlorine  September 1, 1992................................               2
     service.
    MC 331 cargo tanks less than 3,500         September 1, 2017................................              10
     gallons water capacity in dedicated
     propane service constructed of
     nonquenched and tempered NQT steel (See
     Note 5).
    All other cargo tanks....................  September 1, 1995................................               5

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
Note 1: If a cargo tank is subject to an applicable inspection or test requirement under the regulations in
  effect on December 30, 1990, and the due date (as specified by a requirement in effect on December 30, 1990)
  for completing the required inspection or test occurs before the compliance date listed in table I, the
  earlier date applies.
Note 2: Pressure testing is not required for MC 330 or MC 331 cargo tanks in dedicated sodium metal service.

Note 3: Pressure testing is not required for uninsulated lined cargo tanks, with a design pressure MAWP 15 psig
  or less, which receive an external visual inspection and lining inspection at least once each year.
Note 4: Insulated cargo tanks equipped with manholes or inspection openings may perform either an internal
  visual inspection in conjunction with the external visual inspection or a hydrostatic or pneumatic pressure-
  test of the cargo tank.
Note 5: A 10-year inspection interval period also applies to cargo tanks constructed of NQT SA-202, NQT SA-455,
  or NQT SA-612 steels provided the materials have full-size equivalent (FSE) Charpy vee notch (CVN) energy test
  data that demonstrated 75% shear-area ductility at 32[emsp14][deg]F with an average of 3 or more samples >15
  ft-lb FSE with no sample <10 ft-lb FSE.

    (d) * * *
    (3) All reclosing pressure relief valves must be externally
inspected for any corrosion or damage which might prevent safe
operation. All reclosing pressure relief valves on cargo tanks carrying
lading corrosive to the valve must be removed from the cargo tank for
inspection and testing. Each reclosing pressure relief valve required
to be removed and tested must be tested according to the requirements
set forth in paragraph (j) of this section.
* * * * *
    (g) * * *
    (1) * * *
    (ii) All self-closing pressure relief valves, including emergency
relief vents and normal vents, must be removed from the cargo tank for
inspection and testing according to the requirements in paragraph (j)
of this section.
* * * * *
    (j) Pressure vent bench test. When required by this section,
pressure relief valves must be tested for proper function as follows:
    (1) Each self-closing pressure relief valve must open and reseat to
a leaktight condition at the pressures prescribed for the applicable
cargo tank specification or at the following pressures:
    (i) For MC 306 cargo tanks:
    (A) With MC 306 reclosing pressure relief valves, it must open at
not less than 3 psi and not more than 4.4 psi and must reseat to a leak
tight-condition at no less than 2.7 psi.
    (B) With reclosing pressure relief valves modified as provided in
Sec.  180.405(c) to conform with DOT 406 specifications, according to
the pressures set forth for a DOT 406 cargo tank in Sec.  178.346-3 of
this subchapter.
    (ii) For MC 307 cargo tanks:
    (A) With MC 307 reclosing pressure relief valves, it must open at
not less than the cargo tank MAWP and not more than 110% of the cargo
tank MAWP and must reseat to a leak tight-condition at no less than 90%
of the cargo tank MAWP.
    (B) With reclosing pressure relief valves modified as provided in
Sec.  180.405(c) to conform with DOT 407 specifications, according to
the pressures set forth for a DOT 407 cargo tank in Sec.  178.347-4 of
this subchapter.
    (iii) For MC 312 cargo tanks:
    (A) With MC 312 reclosing pressure relief valves, it must open at
not less than the cargo tank MAWP and not more than 110% of the cargo
tank MAWP and must reseat to a leak tight-condition at no less than 90%
of the cargo tank MAWP.
    (B) With reclosing pressure relief valves modified as provided in
Sec.  180.405(c) to conform with DOT 412 specifications, according to
the pressures set forth for a DOT 412 cargo tank in Sec.  178.348-4 of
this subchapter.
    (iv) For MC 330 or MC 331 cargo tanks, it must open at not less
than the required set pressure and not more than 110% of the required
set pressure and must reseat to a leak-tight condition at no less than
90% of the required set pressure.
    (v) For DOT 400-series cargo tanks, according to the pressures set
forth for the applicable cargo tank specification in Sec. Sec.
178.346-3, 178.347-4, and 178.348-4, respectively, of this subchapter.
    (vi) For cargo tanks not specified in this paragraph, it must open
at not less than the required set pressure and not more than 110% of
the required set pressure and must reseat to a leak-tight condition at
no less than 90% of the required set pressure or the pressure
prescribed for the applicable cargo tank specification.
    (2) Normal vents (1 psig vents) must be tested according to the
testing criteria established by the valve manufacturer.
    (3) Self-closing pressure relief devices not tested or failing the
tests in paragraph (j)(1) of this section must be repaired or replaced.

Sec.  180.503  [Amended]

0
58. In Sec.  180.503, under the definition of ``Qualification'', ``AAR
Tank Car Manual'' is removed and ``AAR Specifications for Tank Cars''
is added in its place.

    Issued in Washington, DC, on May 17, 2016, under authority
delegated in 49 CFR part 1.97.
Marie Therese Dominguez,
Administrator, Pipeline and Hazardous Materials Safety Administration.
[FR Doc. 2016-12034 Filed 6-1-16; 8:45 am]
 BILLING CODE 4910-60-P


[Federal Register: December 19, 2007 (Volume 72, Number 243)]
[Notices]
[Page 71995-71996]
[DOCID:fr19de07-145]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-99-5748, FMCSA-99-6156, FMCSA-01-10578, FMCSA-05-
22194]

Qualification of Drivers; Exemption Applications; Vision

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of renewal of exemptions; request for comments.

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SUMMARY: FMCSA announces its decision to renew the exemptions from the
vision requirement in the Federal Motor Carrier Safety Regulations for
12 individuals. FMCSA has statutory authority to exempt individuals
from the vision requirement if the exemptions granted will not
compromise safety. The Agency has concluded that granting these
exemption renewals will provide a level of safety that is equivalent
to, or greater than, the level of safety maintained without the
exemptions for these commercial motor vehicle (CMV) drivers.

DATES: This decision is effective January 3, 2008. Comments must be
received on or before January 18, 2008.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-99-5748, FMCSA-99-6156, FMCSA-
01-10578, FMCSA-05-22194, using any of the following methods.
     Federal eRulemaking Portal: Go to http://www.regulations.gov.
 Follow the on-line instructions for submitting

comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., West Building Ground
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Each submission must include the Agency name and the docket number
for this Notice. Note that DOT posts all comments received without
change to http://www.regulations.gov, including any personal

information included in a comment. Please see the Privacy Act heading
below.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140

on the ground level of the West Building, 1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The FDMS is available 24 hours each day, 365
days each year. If you want acknowledgment that we received your
comments, please include a self-addressed, stamped envelope or postcard
or print the acknowledgement page that appears after submitting
comments on-line.
    Privacy Act: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review the DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (65 FR 19477-78; Apr. 11, 2000).
This information is also available at http://DocketInfo.dot.gov.

FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Chief, Physical
Qualifications Division,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA,
Department of Transportation, 1200 New Jersey Avenue, SE., Room W64-
224, Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5
p.m. Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may renew an exemption
from the vision requirements in 49 CFR 391.41(b)(10), which applies to
drivers of CMVs in interstate commerce, for a two-year period if it
finds ``such exemption would likely achieve a level of safety that is
equivalent to, or greater than, the level that would be achieved absent
such exemption.'' The procedures for requesting an exemption (including
renewals) are set out in 49 CFR part 381.

Exemption Decision

    This notice addresses 12 individuals who have requested a renewal
of their exemption in accordance with FMCSA procedures. FMCSA has
evaluated these 12 applications for renewal on their merits and decided
to extend each exemption for a renewable two-year period. They are:

Woodrow E. Bohley
Kenneth E. Bross
Russell W. Foster
Kevin Jacoby
Richard L. Loeffelholz
Herman C. Mash
Frank T. Miller
Martin Postma
Robert G. Rascicot
Stephen G. Sniffin
Jon H. Wurtele
Walter M. Yohn, Jr.

    These exemptions are extended subject to the following conditions:
(1) That each individual have a physical examination every year (a) by
an ophthalmologist or optometrist who attests that the vision in the
better eye continues to meet the standard in 49 CFR 391.41(b)(10), and
(b) by a medical examiner who attests that the individual is otherwise
physically qualified under 49 CFR 391.41; (2) that each individual
provide a copy of the ophthalmologist's or optometrist's report to the
medical examiner at the time of the annual medical examination; and (3)
that each individual provide a copy of the annual medical certification
to the employer for retention in the driver's qualification file and
retain a copy of the certification on his/her person while driving for
presentation to a duly authorized Federal, State, or local enforcement
official. Each exemption will be valid for two years unless rescinded
earlier by FMCSA. The exemption will be rescinded if: (1) The person
fails to comply with the terms and conditions of the exemption; (2) the
exemption has resulted in a lower level of safety than was maintained
before it was granted; or (3) continuation of the exemption would not
be consistent with the goals and objectives of 49 U.S.C. 31136(e) and
31315.

Basis for Renewing Exemptions

    Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no
longer than two years from its approval date and may be renewed upon
application for additional two year periods. In

accordance with 49 U.S.C. 31136(e) and 31315, each of the 12 applicants
has satisfied the entry conditions for obtaining an exemption from the
vision requirements (64 FR 40404; 64 FR 66962; 66 FR 66969; 68 FR
69432; 71 FR 644; 64 FR 54948; 65 FR 159; 66 FR 53826; 68 FR 69434; 71
FR 646; 70 FR 57353; 70 FR 72689). Each of these 12 applicants has
requested renewal of the exemption and has submitted evidence showing
that the vision in the better eye continues to meet the standard
specified at 49 CFR 391.41(b)(10) and that the vision impairment is
stable. In addition, a review of each record of safety while driving
with the respective vision deficiencies over the past two years
indicates each applicant continues to meet the vision exemption
standards. These factors provide an adequate basis for predicting each
driver's ability to continue to drive safely in interstate commerce.
Therefore, FMCSA concludes that extending the exemption for each
renewal applicant for a period of two years is likely to achieve a
level of safety equal to that existing without the exemption.

Request for Comments

    FMCSA will review comments received at any time concerning a
particular driver's safety record and determine if the continuation of
the exemption is consistent with the requirements at 49 U.S.C. 31136(e)
and 31315. However, FMCSA requests that interested parties with
specific data concerning the safety records of these drivers submit
comments by January 18, 2008.
    FMCSA believes that the requirements for a renewal of an exemption
under 49 U.S.C. 31136(e) and 31315 can be satisfied by initially
granting the renewal and then requesting and evaluating, if needed,
subsequent comments submitted by interested parties. As indicated
above, the Agency previously published notices of final disposition
announcing its decision to exempt these 12 individuals from the vision
requirement in 49 CFR 391.41(b)(10). The final decision to grant an
exemption to each of these individuals was based on the merits of each
case and only after careful consideration of the comments received to
its notices of applications. The notices of applications stated in
detail the qualifications, experience, and medical condition of each
applicant for an exemption from the vision requirements. That
information is available by consulting the above cited Federal Register
publications.
    Interested parties or organizations possessing information that
would otherwise show that any, or all of these drivers, are not
currently achieving the statutory level of safety should immediately
notify FMCSA. The Agency will evaluate any adverse evidence submitted
and, if safety is being compromised or if continuation of the exemption
would not be consistent with the goals and objectives of 49 U.S.C.
31136(e) and 31315,
    FMCSA will take immediate steps to revoke the exemption of a
driver.

    Issued on: December 12, 2007.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E7-24555 Filed 12-18-07; 8:45 am]

BILLING CODE 4910-EX-P


[Federal Register Volume 76, Number 205 (Monday, October 24, 2011)]
[Notices]
[Pages 65730-65732]
[FR Doc No: 2011-27389]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2011-N-0742]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Registration of Producers of Drugs and Listing of
Drugs in Commercial Distribution

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing an
opportunity for public comment on the proposed collection of certain
information by the Agency. Under the Paperwork Reduction Act of 1995
(the PRA), Federal Agencies are required to publish notice in the
Federal Register concerning each proposed collection of information,
including each proposed extension of an existing collection of
information, and to allow 60 days for public comment in response to the
notice. This notice solicits comments on requirements governing the
registration of producers of drugs and listing of drugs in commercial
distribution.

DATES: Submit either electronic or written comments on the collection
of information by December 23, 2011.

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

FOR FURTHER INFORMATION CONTACT: Juanmanuel Vilela, Office of
Information Management, Food and Drug Administration, 1350 Piccard Dr.,
PI50-400B, Rockville, MD 20850,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), Federal
Agencies must obtain approval from the Office of Management and Budget
(OMB) for each collection of information they conduct or sponsor.
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes Agency requests or requirements that members of
the public submit reports, keep records, or provide information to a
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A))
requires Federal Agencies to provide a 60-day notice in the Federal
Register concerning each proposed collection of information, including
each proposed extension of an existing collection of information,
before submitting the collection to OMB for approval. To comply with
this requirement, FDA is publishing notice of the proposed collection
of information set forth in this document.
    With respect to the following collection of information, FDA
invites comments on these topics: (1) Whether the proposed collection
of information is necessary for the proper performance of FDA's
functions, including whether the information will have practical
utility; (2) the accuracy of FDA's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility, and clarity of the information to be collected; and (4) ways
to minimize the burden of the collection of information on respondents,
including through the use of automated collection techniques, when
appropriate, and other forms of information technology.

Registration of Producers of Drugs and Listing of Drugs in Commercial
Distribution--21 CFR Part 207--(OMB Control Number 0910-0045)--
Extension

    Requirements for drug establishment registration and drug listing
are set forth in section 510 of the Federal Food, Drug, and Cosmetic
Act (the FD&C Act) (21 U.S.C. 360) and section 351 of the Public Health
Service Act, and part 207 (21 CFR part 207). Fundamental to FDA's
mission to protect the public health is the collection of this
information, which is used for important activities such as postmarket
surveillance for serious adverse drug reactions, inspection of drug
manufacturing and processing facilities, and monitoring of drug
products imported into the United States. Comprehensive, accurate, and
up-to-date information is critical to conducting these activities with
efficiency and effectiveness.
    Under section 510 of the FD&C Act, FDA is authorized to establish a
system for registration of producers of drugs and for listing of drugs
in commercial distribution. To implement section 510 of the FD&C Act,
FDA issued part 207.\1\ Under current Sec.  207.20, manufacturers,
repackers, and relabelers that engage in the manufacture, preparation,
propagation, compounding, or processing of human or veterinary drugs
and biological products, including bulk drug substances and bulk drug
substances for prescription compounding, and drug premixes as well as
finished dosage forms, whether prescription or over-the-counter, are
required to register their establishment. In addition, manufacturers,
repackers, and relabelers are required to submit a listing of every
drug or biological product in commercial distribution. Owners or
operators of establishments that distribute under their own label or
trade name a drug product manufactured by a registered establishment
are not required either to register or list. However, distributors may
elect to submit drug listing information in lieu of the registered
establishment that manufactures the drug product. Foreign drug
establishments must also comply with the establishment registration and
product listing requirements if they import or offer for import their
products into the United States.
---------------------------------------------------------------------------

    \1\ This document addresses the information collection in
current part 207. In the Federal Register of August 29, 2006 (71 FR
51276), FDA proposed to revise part 207. The proposed revisions
would reorganize, consolidate, clarify, and modify current
regulations concerning who must register establishments and list,
and describes when and how to register and list, and what
information must be submitted for registration and listing. In
addition, the proposal would make certain changes to the National
Drug Code (NDC) system and would require the appropriate NDC number
to appear on the labels for drugs subject to the listing
requirements. The proposed regulations generally also require the
electronic submission of all registration and most listing
information. The August 29, 2006, proposed rule requested comments
on the information collection for revised part 207. When the
proposal is finalized, the information collection for revised part
207 will replace the information collection in this document.
---------------------------------------------------------------------------

    Under current Sec.  207.21, establishments, both domestic and
foreign, must register with FDA within 5 days after beginning the
manufacture of drugs or biologicals, or within 5 days after the
submission of a drug application or biological license application. In
addition, establishments must register annually. Changes in individual
ownership, corporate or partnership structure, location, or drug-
handling activity must be submitted as amendments to registration under
current Sec.  207.26 within 5 days of such changes. Under Sec.
207.20(b), private label distributors may request their own labeler
code and elect to submit drug listing information to FDA. In such
instances, at the time of submitting or

updating drug listing information, private label distributors must
certify to the registered establishment that manufactured, prepared,
propagated, compounded, or processed (which includes, among other
things, repackaging and relabeling) the listed drug that the drug
listing submission was made. Establishments must, within 5 days of
beginning the manufacture of drugs or biologicals, submit to FDA a
listing for every drug or biological product in commercial distribution
at that time. Private label distributors may elect to submit to FDA a
listing of every drug product they place in commercial distribution.
Registered establishments must submit to FDA drug product listing for
those private label distributors who do not elect to submit listing
information.
    Under Sec.  207.25, product listing information submitted to FDA by
domestic and foreign manufacturers must, depending on the type of
product being listed, include any new drug application number or
biological establishment license number, copies of current labeling and
a sampling of advertisements, a quantitative listing of the active
ingredient for each drug or biological product not subject to an
approved application or license, the NDC number, and any drug
imprinting information.
    In addition to the product listing information required, FDA may
also require, under Sec.  207.31, a copy of all advertisements and a
quantitative listing of all ingredients for each listed drug or
biological product not subject to an approved application or license;
the basis for a determination, by the establishment, that a listed drug
or biological product is not subject to marketing or licensing approval
requirements; and a list of certain drugs or biological products
containing a particular ingredient. FDA may also request, but not
require, the submission of a qualitative listing of the inactive
ingredients for all listed drugs or biological products, and a
quantitative listing of the active ingredients for all listed drugs or
biological products subject to an approved application or license.
    Under Sec.  207.30, establishments must update their product
listing information every June and December or, at the discretion of
the establishment, when any change occurs. These updates must include
the following information: (1) A listing of all drug or biological
products introduced for commercial distribution that have not been
included in any previously submitted list; (2) all drug or biological
products formerly listed for which commercial distribution has been
discontinued; (3) all drug or biological products for which a notice of
discontinuance was submitted and for which commercial distribution has
been resumed; and (4) any material change in any information previously
submitted. No update is required if no changes have occurred since the
previously submitted list.
    Historically, drug establishment registration and drug listing
information have been submitted in paper form using FDA Form 2656
(Registration of Drug Establishment/Labeler Code Assignment), FDA Form
2657 (Drug Product Listing), and FDA Form 2658 (Registered
Establishments' Report of Private Label Distributors) (collectively
referred to as FDA Forms).
    Changes in the FD&C Act resulting from enactment of the Food and
Drug Administration Amendments Act of 2007 (Pub. L. 110-85) (FDAAA)
require that drug establishment registration and drug listing
information be submitted electronically unless a waiver is granted.
Before the enactment of FDAAA, section 510(p) of the FD&C Act expressly
provided for electronic submission of drug establishment registration
information upon a finding that electronic receipt was feasible, and
section 510(j) of the FD&C Act provided that drug listing information
be submitted in the form and manner prescribed by FDA. Section 224 of
FDAAA, which amends section 510(p) of the FD&C Act, now expressly
requires electronic drug listing in addition to drug establishment
registration.
    In certain cases, if it is unreasonable to expect a person to
submit registration and listing information electronically, FDA may
grant a waiver from the electronic format requirement.
    In the Federal Register of June 1, 2009 (74 FR 26248), FDA
announced the availability of a guidance for industry entitled
``Providing Regulatory Submissions in Electronic Format--Drug
Establishment Registration and Drug Listing.'' The document provides
guidance to industry on the statutory requirement to submit
electronically drug establishment registration and drug listing
information. The guidance describes the types of information to include
for purposes of drug establishment registration and drug listing and
how to prepare and submit the information in an electronic format
(Structured Product Labeling (SPL) files) that FDA can process, review,
and archive.
    In addition to the information that previously was collected by the
FDA Forms, the guidance addresses electronic submission of other
required information as follows:
     For registered foreign drug establishments, the name,
address, and telephone number of its U.S. agent (Sec.  207.40(c));
     The name of each importer that is known to the
establishment (the U.S. company or individual in the United States that
is an owner, consignee, or recipient of the foreign establishment's
drug that is imported into the United States. An importer does not
include the consumer or patient who ultimately purchases, receives, or
is administered the drug, unless the foreign establishment ships the
drug directly to the consumer or the patient) (section 510(i)(1)(A) of
the FD&C Act); and
     The name of each person who imports or offers for import
(the name of each agent, broker, or other entity, other than a carrier,
that the foreign drug establishment uses to facilitate the import of
their drug into the United States) (section 510(i)(1)(A) of the FD&C
Act).
    FDA also recommends the voluntary submission of the following
additional information, when applicable:
     To facilitate correspondence between foreign
establishments and FDA, the email address for the U.S. agent, and the
telephone number(s) and email address for the importer and person who
imports or offers for import their drug;
     A site-specific Data Universal Numbering System number for
each entity (e.g., the registrant, establishments, U.S. agent,
importer);
     The NDC product code for the source drug that is repacked
or relabeled;
     Distinctive characteristics of certain listed drugs, i.e.,
the flavor, the color, and image of the actual solid dosage form; and
     Registrants may indicate that they view as confidential
the registrant's business relationship with an establishment, or an
inactive ingredient.
    In addition to the collection of information, there is additional
burden for the following activities:
     Preparing a standard operating procedure (SOP) for the
electronic submission of drug establishment registration and drug
listing information;
     Creating the SPL file, including accessing and reviewing
the technical specifications and instructional documents provided by
FDA (accessible at http://www.fda.gov/ForIndustry/DataStandards/StructuredProductLabeling/default.htm);
     Reviewing and selecting appropriate terms and codes used
to create the SPL file (accessible at http://

www.fda.gov/ForIndustry/DataStandards/StructuredProductLabeling/
default.htm);
     Obtaining the digital certificate used with FDA's
electronic submission gateway and uploading the SPL file for submission
(accessible at http://www.fda.gov/ForIndustry/ElectronicSubmissionsGateway/default.htm); and
     Requests for waivers from the electronic submission
process as described in the draft guidance.
    When FDA published the 2009 guidance on submitting establishment
registration and drug listing information in electronic format, the
Agency also amended its burden estimates for OMB control number 0910-
0045 to include the additional burden for collection of information
that had not been submitted using the FDA Forms, and to create and
upload the SPL file. The amended burden estimates included the one-time
preparation of an SOP for creating and uploading the SPL file. Although
most firms will already have prepared an SOP for the electronic
submission of drug establishment registration and drug listing
information, each year additional firms will need to create an SOP. As
provided in table 2 of this document, FDA estimates that approximately
1,000 firms will have to expend a one-time burden to prepare, review,
and approve an SOP, and the Agency estimates that it will take 40 hours
per recordkeeper to create 1,000 new SOPs for a total of 40,000 hours.
    The information collection requirements of the drug listing and
establishment registration regulations have been grouped according to
the information collection areas of the regulations.
    FDA estimates the burden of this collection of information as
follows:

                                  Table 1--Estimated Annual Reporting Burden\1\
----------------------------------------------------------------------------------------------------------------
                                                     Number of
            Activity                 Number of     responses per   Total annual   Average burden    Total hours
                                    respondents     respondent       responses     per response
----------------------------------------------------------------------------------------------------------------
New registrations, including new              39           14.72             574             4.5           2,583
 labeler codes requests.........
Annual updates of registration             3,256            2.99           9,735             4.5          43,808
 information....................
New drug listings...............           1,567            6.57          10,295             4.5          46,328
New listings for private label               146           10.06           1,469             4.5           6,611
 distributor....................
June and December updates of all           1,677           11.21          18,799             4.5          84,596
 drug listing information.......
Waiver requests.................               1               1               1               1               1
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............         183,927
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

                                Table 2--Estimated Annual Recordkeeping Burden\1\
----------------------------------------------------------------------------------------------------------------
    Activity resulting from                          Number of                    Average burden
section 510(p) of the FD&C act      Number of       records per    Total annual         per         Total hours
      as amended by FDAAA         recordkeepers    recordkeeper       records      recordkeeping
----------------------------------------------------------------------------------------------------------------
One-time preparation of SOP...             1,000               1           1,000              40          40,000
SOP maintenance...............             3,295               1           3,295               1           3,295
                               ---------------------------------------------------------------------------------
    Total.....................  ................  ..............  ..............  ..............          43,295
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    Dated: October 18, 2011.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2011-27389 Filed 10-21-11; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 76, Number 54 (Monday, March 21, 2011)]
[Notices]
[Pages 15364-15365]
[FR Doc No: 2011-6478]

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

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

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

AGENCY: National Highway Traffic Safety Administration, U.S. Department
of Transportation.

ACTION: Notice.

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

SUMMARY: In compliance with the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.), this notice announces that the Information
Collection Request (ICR) abstracted below has been forwarded to the
Office of Management and Budget (OMB) for review and comment. The ICR
describes the nature of the information collections and their expected
burden. The Federal Register Notice with a 60-day comment period was
published on January 3, 2011 (76 FR 210).
    This document describes a collection of labeling information on
five Federal motor vehicle safety standards for which the National
Highway Traffic Safety Administration (NHTSA) seeks OMB approval. The
labeling requirements include brake fluid warning, glazing labeling,
safety belt

labeling, and vehicle certification labeling.

DATES: Comments must be submitted on or before April 20, 2011.

FOR FURTHER INFORMATION CONTACT: Mrs. Lori Summers, U.S. Department of
Transportation, NHTSA, Room W43-320, 1200 New Jersey Avenue, SE.,
Washington, DC 20590. Mrs. Summer's telephone number is<PHONE_NUMBER>
and fax number is<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

National Highway Traffic Safety Administration

    Title: Consolidated Labeling Requirements for Motor Vehicles
(except the VIN).
    OMB Control Number: 2127-0512.
    Type of Request: Extension of a currently approved collection.
    Abstract: In order to ensure that manufacturers are complying with
the FMVSS and regulations, NHTSA requires a number of information
collections in FMVSS Nos. 105, 135, 205, 209 and part 567.
    FMVSS No. 105, ``Hydraulic and electric brake systems'' and FMVSS
No. 135, ``Light vehicle brake systems,'' require that each vehicle
shall have a brake fluid warning statement in letters at least one-
eighth of an inch high on the master cylinder reservoirs and located so
as to be visible by direct view.
    FMVSS No. 205, ``Glazing materials,'' provides labeling
requirements for glazing and motor vehicle manufacturers. In accordance
with the standard, NHTSA requires each new motor vehicle glazing
manufacturer to request and be assigned a unique mark or number. This
number is then used by the manufacturer as their unique company
identification on their self-certification label on each piece of motor
vehicle glazing. As part of that certification label, the company must
identify with the simple two or three digit number assigned by the
agency and the model of the glazing. In addition to these requirements,
which apply to all glazing, certain specialty glazing items, such as
standee windows in buses, roof openings, and interior partitions made
of plastic require that the manufacturer affix a removable label to
each item. The label specifies cleaning instructions, which will
minimize the loss of transparency. Other information may be provided by
the manufacturer but is not required.
    FMVSS No. 209, ``Seat belt assemblies,'' requires safety belts to
be labeled with the year of manufacture, the model, and the name or
trademark of the manufacturer (S4.1(j)). Additionally replacement
safety belts that are for use only in specifically stated motor
vehicles must have labels or accompanying instruction sheets to specify
the applicable vehicle models and seating positions (S4.1(k)). All
other replacement belts are required to be accompanied by an
installation instruction sheet (S4.1(k)).
    Seat belt assemblies installed as original equipment in new motor
vehicles need not be required to be labeled with position/model
information. This information is only useful if the assembly is removed
with the intention of using the assembly as a replacement in another
vehicle; this is not a common practice.
    Part 567, ``Certification,'' requires each manufacturer or
distributor of motor vehicles to furnish to the dealer, or distributor
of the vehicle, a certification that the vehicle meets all applicable
FMVSS. This certification is required by that provision to be in the
form of a label permanently affixed to the vehicle. Under 49 U.S.C.
32504, vehicle manufacturers are directed to make a similar
certification with regard to bumper standards. To implement this
requirement, NHTSA issued 49 CFR part 567. The agency's regulations
establish form and content requirements for the certification labels.
    Affected Public: Businesses.
    Estimated Total Annual Burden: 74,096 hours.
ADDRESSES: Send comments, within 30 days, to the Office of Information
and Regulatory Affairs, Office of Management and Budget, 725 17th
Street, NW., Washington, DC 20503, Attention NHTSA Desk Officer.
    Comments are invited on: Whether the proposed collection of
information is necessary for the proper performance of the functions of
the Department, including whether the information will have practical
utility; the accuracy of the Department's estimate of the burden of the
proposed information collection; ways to enhance the quality, utility
and clarity of the information to be collected; and ways to minimize
the burden of the collection of information on respondents, including
the use of automated collection techniques or other forms of
information technology. A Comment to OMB is most effective if OMB
receives it within 30 days of publication.

    Authority:  44 U.S.C. 350(c); delegation of Authority at 49 CFR
1.50.

    Issued on: March 11, 2011.
Lori K. Summers,
Acting Associate Administrator for Rulemaking.
[FR Doc. 2011-6478 Filed 3-18-11; 8:45 am]
BILLING CODE 4910-59-P


"Johansson, Robert"<EMAIL_ADDRESS> 06/12/2007 04:56 PM

To

Lydia Wegman/RTP/USEPA/US@EPA

cc

Subject

passback pages 101 - 184

Hi Lydia,

Here are our passbacks on pages 101-184.

Cheers,

Rob

________________________________________________

Robert Johansson, Ph.D.

OMB/OIRA/NREA

725 17th St. NW, Room 10202

Washington, DC 20503

(P)<PHONE_NUMBER>

(F)<PHONE_NUMBER>

(E<EMAIL_ADDRESS>


[Federal Register Volume 84, Number 78 (Tuesday, April 23, 2019)]
[Rules and Regulations]
[Pages 16781-16782]
[FR Doc No: 2019-08127]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2019-0241]

Safety Zones; Fireworks Displays in the Fifth Coast Guard
District

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce the Penn's Landing, Delaware
River, Philadelphia, PA, safety zone from 8:30 p.m. through 9:00 p.m.
on April 26, 2019. This action is necessary to ensure safety of life on
the navigable waters of the United States immediately prior to, during,
and immediately after the fireworks displays. Our regulation for safety
zones of fireworks displays in the Fifth Coast Guard District
identifies the regulated area for this event at Penn's Landing in
Philadelphia, PA. During the enforcement periods, vessels may not
enter, remain in, or transit through the safety zones during these
enforcement periods unless authorized by the

Captain of the Port or designated Coast Guard patrol personnel on
scene.

DATES: The regulations in the table to 33 CFR 165.506 at (a)(16) will
be enforced from 8:30 p.m. through 9 p.m. on April 26, 2019.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
notice of enforcement, you may call or email Petty Officer Thomas
Welker, U.S. Coast Guard, Sector Delaware Bay, Waterways Management
Division, telephone<PHONE_NUMBER>, email [email protected].

SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety zone
in the Table to 33 CFR 165.506, entry (a)(16) for the Delaware River
Waterfront Corporation Fireworks display from 8:30 p.m. through 9 p.m.
on April 26, 2019. This action is necessary to ensure safety of life on
the navigable waters of the United States immediately prior to, during,
and immediately after the fireworks displays. Our regulation for safety
zones of fireworks displays within the Fifth Coast Guard District,
table to Sec.  165.506, entry (a)(16) specifies the location of the
regulated area as all waters of Delaware River, adjacent to Penn's
Landing, Philadelphia, PA, within 500 yards of a fireworks launch site
at approximate position latitude 39[deg]56'49'' N, longitude
075[deg]08'11'' W. During the enforcement period, as reflected in Sec.
165.506(d), vessels may not enter, remain in, or transit through the
safety zone during the enforcement period unless authorized by the
Captain of the Port or designated Coast Guard patrol personnel on
scene.
    In addition to this notice of enforcement in the Federal Register,
the Coast Guard will provide notification of this enforcement period
via broadcast notice to mariners.

    Dated: April 18, 2019.
Scott E. Anderson,
Captain, U.S. Coast Guard, Captain of the Port, Delaware Bay.
[FR Doc. 2019-08127 Filed 4-22-19; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 78, Number 14 (Tuesday, January 22, 2013)]
[Proposed Rules]
[Pages 4365-4366]
[FR Doc No: 2013-01053]

=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

17 CFR Part 240

[Release No. 34-68660; File No. S7-08-12]
RIN 3235-AL12

Capital, Margin, and Segregation Requirements for Security-Based
Swap Dealers and Major Security-Based Swap Participants and Capital
Requirements for Broker-Dealers

AGENCY: Securities and Exchange Commission.

ACTION: Proposed rule; extension of comment period.

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SUMMARY: On November 23, 2012, the Securities and Exchange Commission
(``Commission'') published in the Federal Register a proposed rule for
public comment to establish capital, margin, and segregation
requirements for security-based swap dealers and major security-based
swap participants under the Securities Exchange Act of 1934 (``Exchange
Act'') and amend capital requirements for broker-dealers. The
Commission is extending the time period in which to provide the
Commission with comments.

DATES: Comments should be received on or before February 22, 2013.

ADDRESSES: Comments may be submitted by any of the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/proposed.shtml);
     Send an email to<EMAIL_ADDRESS>Please include
File Number S7-08-12 on the subject line; or
     Use the Federal eRulemaking Portal (http://www.regulations.gov). Follow the instructions for submitting comments.

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 S7-08-12. This file number
should be included on the subject line if email is used. To help us
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/proposed). Comments will
also be available for Web site viewing and printing in the Commission's
Public Reference Room, 100 F Street NE., Washington, DC 20549 on
official business days between the hours of 10:00 a.m. and 3:00 p.m.
All comments received will be posted without change; we do not edit
personal identifying information from submissions. You should submit
only information you wish to make available publicly.

FOR FURTHER INFORMATION CONTACT: Michael A. Macchiaroli, Associate
Director, at<PHONE_NUMBER>; Thomas K. McGowan, Deputy Associate
Director, at<PHONE_NUMBER>; Randall W. Roy, Assistant Director, at
(202) 551-5522; Mark M. Attar, Branch Chief, at<PHONE_NUMBER>; Sheila
Dombal Swartz, Special Counsel, at<PHONE_NUMBER>; Valentina M. Deng,
Attorney, at<PHONE_NUMBER>; or Teen I. Sheng, Attorney, at 202-551-
5511, Division of Trading and Markets, Securities and Exchange
Commission, 100 F Street NE., Washington, DC 20549-7010.

SUPPLEMENTARY INFORMATION: On November 23, 2012, the Commission issued
Release No. 34-68071 soliciting comment on proposed rules and rule
amendments establishing capital, margin, and segregation requirements
for persons who register with the Commission as security-based swap
dealers or major security-based swap participants and amending capital
requirements for broker-dealers.\1\ The Commission originally requested
that comments on this proposal be received by January 22, 2013. The
Commission has recently been requested to extend the comment period and
believes that extending the comment period is appropriate in order to
give the public additional time to comment on the matters addressed by
the release.\2\ This extension will allow for 91 days of comment which
the Commission believes should provide the public with sufficient
additional time to consider thoroughly the matters addressed by the
release and to submit comprehensive responses to the release which
would benefit the Commission in its consideration of the final rules.
Therefore, the Commission is extending the public comment period for 31
days until Friday, February 22, 2013.
---------------------------------------------------------------------------

    \1\ See Exchange Act Release No. 68071 (Oct. 18, 2012), 77 FR
70213 (Nov. 23, 2012).
    \2\ See Letter from Kenneth E. Bentson, Jr., Public Policy and
Advocacy Executive Vice President, SIFMA, to Elizabeth M. Murphy,
Secretary, Commission, dated Jan. 3, 2013; see also Letter from
Richard M. Whiting, Executive Director and General Counsel,
Financial Services Roundtable, to Elizabeth M. Murphy, Secretary,
Commission, dated Jan. 2, 2013.

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    Dated: January 15, 2013.

    By the Commission.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2013-01053 Filed 1-18-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 232 (Tuesday, December 7, 2021)]
[Notices]
[Pages 69311-69313]
[FR Doc No: 2021-26455]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-93702; File No. SR-LTSE-2021-07]

Self-Regulatory Organizations; Long-Term Stock Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
To Make Juneteenth National Independence Day a Holiday of the Exchange
in Rule 11.110 (Hours of Trading and Trading Days)

December 1, 2021.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on November 18, 2021, Long-Term Stock Exchange, Inc. (``LTSE'' or
the ``Exchange'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I
and II below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    LTSE proposes to amend LTSE Rule 11.110 (Hours of Trading and
Trading Days) to make Juneteenth National Independence Day a holiday of
the Exchange. Juneteenth National Independence Day was designated a
legal public holiday in June 2021.
    The text of the proposed rule change is available at the Exchange's
website at https://longtermstockexchange.com/, at the principal office
of the Exchange, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of 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
    The Exchange proposes to amend LTSE Rule 11.110(b) (Hours of
Trading and Trading Days) to make Juneteenth National Independence Day
a holiday of the Exchange.
    On June 17, 2021, Juneteenth National Independence Day was
designated a legal public holiday.\3\ As noted in the related
Presidential Proclamation: \4\
---------------------------------------------------------------------------

    \3\ Public Law 117-17.
    \4\ See https://www.whitehouse.gov/briefing-room/presidential-actions/2021/06/18/a-proclamation-on-juneteenth-day-of-observance-2021/.

    Juneteenth is a day of profound weight and power.
    A day in which we remember the moral stain and terrible toll of
slavery on our country . . . A long legacy of systemic racism,
inequality, and inhumanity.
    But it is a day that also reminds us of our incredible capacity
to heal, hope, and emerge from our darkest moments with purpose and
resolve.

    On this day, in solidarity with Black Americans, LTSE urges its
employees,

member firms and listed companies to pause, reflect and recommit to the
work of bringing forth equity, equality, and justice. Thus, the
Exchange proposes to add ``Juneteenth National Independence Day'' to
the existing list of holidays in LTSE Rule 11.110(b).
    As a result of this change, the Exchange will not be open for
business on Juneteenth National Independence Day, which falls on June
19 of each year. As with other designated holidays, when a holiday
falls on a Saturday, the Exchange will not be open for business on the
preceding Friday, and when it falls on a Sunday, the Exchange will not
be open for business on the succeeding Monday.
    The first two sentences in paragraph (b) of the revised rule would
read as follows (proposed additions are italicized):

    The Exchange will be open for the transaction of business on
business days. The Exchange will not be open for business on New
Year's Day, Martin Luther King Jr. Day, Presidents' Day, Good
Friday, Memorial Day, Juneteenth National Independence Day,
Independence Day, Labor Day, Thanksgiving Day and Christmas Day.
2. Statutory Basis
    The Exchange believes that the proposal is consistent with Section
6(b) of the Act,\5\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\6\ in particular, because it is designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to foster cooperation and coordination
with persons engaged in regulating, clearing, settling, processing
information with respect to, and facilitating transactions in
securities, to remove impediments to, and perfect the mechanisms of, a
free and open market and a national market system and, in general, to
protect investors and the public interest and because it is not
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that the proposed change would remove
impediments to and perfect the mechanism of a free and open market and
a national market system and, in general, protect investors and the
public interest because the proposed amended rule would clearly state
that the Exchange will not be open for business on Juneteenth National
Independence Day, which is a federal holiday, and would address what
day would be taken off if June 19 fell on a Saturday or Sunday. The
change would thereby promote clarity and transparency in the Exchange
rules by updating the list of holidays of the Exchange.
    The proposed change does not raise any new or novel issues. For
these reasons, the Exchange believes that the proposal is consistent
with the Act.

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

    In accordance with Section 6(b)(8) of the Act,\7\ the Exchange
believes that the proposed rule change will not impose any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Act. The proposed change is not designed to address any
competitive issue but rather to amend the Exchange rule regarding
holidays.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

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 written comments on
the proposed rule change.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \8\ and Rule 19b-
4(f)(6)(iii) thereunder.\9\
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \10\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\11\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has
requested that the Commission waive the 30-day operative delay so that
the proposal may become operative prior to 30 days after the date of
the filing. The Exchange states that waiver of the operative delay
would be consistent with the protection of investors and the public
interest because the requested waiver would ensure that the rules of
the Exchange would more immediately evidence the updated list of
holidays. The Commission believes that waiver of the 30-day operative
delay is consistent with the protection of investors and the public
interest because the proposed rule change does not raise any new or
novel issues. Accordingly, the Commission hereby waives the operative
delay and designates the proposed rule change operative upon
filing.\12\
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    \10\ 17 CFR 240.19b-4(f)(6).
    \11\ 17 CFR 240.19b-4(f)(6)(iii).
    \12\ For purposes only of waiving the 30-day operative delay,
the Commission also has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily 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. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-LTSE-2021-07 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-LTSE-2021-07. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (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 website viewing and printing in the Commission's Public
Reference Room, 100 F Street NE, Washington, DC 20549 on official
business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of
such filing also will be available for inspection and copying at the
principal office of the Exchange. All comments received will be posted
without change. Persons submitting comments are cautioned that we do
not redact or edit personal identifying information from comment
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-
LTSE-2021-07, and should be submitted on or before December 28, 2021.
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    \13\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-26455 Filed 12-6-21; 8:45 am]
BILLING CODE 8011-01-P