[Federal Register Volume 79, Number 196 (Thursday, October 9, 2014)]
[Notices]
[Pages 61074-61075]
[FR Doc No: 2014-24106]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER09-1224-007.
    Applicants: Entergy Operating Companies.
    Description: Entergy Operating Companies Errata to September 15,
2014 Service Schedule MSS-3 Bandwidth Formula Comprehensive
Recalculation.
    Filed Date: 9/30/14.
    Accession Number: 20140930-5355.
    Comments Due: 5 p.m. ET 10/21/14.

    Docket Numbers: ER10-3286-005; ER10-3299-004.
    Applicants: Millennium Power Partners, L.P., New Athens Generating
Company, LLC.
    Description: Supplement to June 25, 2014 Triennial Market Power
Report of Millennium Power Partners, L.P., et. al.
    Filed Date: 9/30/14.
    Accession Number: 20140930-5359.
    Comments Due: 5 p.m. ET 10/21/14.

    Docket Numbers: ER14-2321-001.
    Applicants: Duke Energy Progress, Inc.
    Description: Compliance filing per 35: Supplement to Southeast MBR
Filing to be effective 3/1/2014.
    Filed Date: 10/1/14.
    Accession Number: 20141001-5153.
    Comments Due: 5 p.m. ET 10/22/14.

    Docket Numbers: ER14-2657-000.
    Applicants: El Paso Electric Company.
    Description: Supplement to August 14, 2014 El Paso Electric Company
tariff filing.
    Filed Date: 9/30/14.
    Accession Number: 20140930-5345.
    Comments Due: 5 p.m. ET 10/21/14.

    Docket Numbers: ER14-2978-000.
    Applicants: Coolidge Power LLC.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii): Revised
Tariff Filing to be effective 10/1/2014.
    Filed Date: 9/30/14.
    Accession Number: 20140930-5322.
    Comments Due: 5 p.m. ET 10/21/14.

    Docket Numbers: ER14-2979-000.
    Applicants: NV Energy, Inc.
    Description: Compliance filing per 35: OATT Revisions to Schedules
5 and 6--Reserve Service to be effective 10/1/2014.
    Filed Date: 9/30/14.
    Accession Number: 20140930-5328.
    Comments Due: 5 p.m. ET 10/21/14.

    Docket Numbers: ER14-2980-000.
    Applicants: New England Power Pool Participants Committee.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii): October
2014 Membership Filing to be effective 9/1/2014.
    Filed Date: 9/30/14.
    Accession Number: 20140930-5335.
    Comments Due: 5 p.m. ET 10/21/14.

    Docket Numbers: ER14-2981-000.
    Applicants: El Paso Electric Company.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii): OATT
Updates to Schedules 5 and 6 to be effective 10/1/2014.
    Filed Date: 9/30/14.
    Accession Number: 20140930-5336.
    Comments Due: 5 p.m. ET 10/21/14.

    Docket Numbers: ER14-2982-000.
    Applicants: Millennium Power Partners, L.P.
    Description: Compliance filing per 35: Change in Status Filing to
be effective 10/1/2014.
    Filed Date: 9/30/14.
    Accession Number: 20140930-5337.
    Comments Due: 5 p.m. ET 10/21/14.

    Docket Numbers: ER14-2983-000.
    Applicants: Idaho Power Company.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii): First
Revised BPA PF and OTEC NITSAs to be effective 10/1/2014.
    Filed Date: 9/30/14.
    Accession Number: 20140930-5339.
    Comments Due: 5 p.m. ET 10/21/14.

    Docket Numbers: ER14-2984-000.
    Applicants: San Diego Gas & Electric Company.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii): SDGE
TO4 Formula Depreciation Rate Change to be effective 1/1/2015.
    Filed Date: 9/30/14.
    Accession Number: 20140930-5340.
    Comments Due: 5 p.m. ET 10/21/14.

    Docket Numbers: ER14-2985-000.
    Applicants: Transource, LLC.
    Description: Unopposed Request for Waiver of Part VI of the PJM
Open Access Transmission Tariff to Allow the Conversion of Attachment
SS Interconnection Requests to Attachment EE Upgrade Requests Without
Loss of Queue Priority of Transource, LLC.
    Filed Date: 9/30/14.
    Accession Number: 20140930-5368.
    Comments Due: 5 p.m. ET 10/21/14.

    Docket Numbers: ER15-1-000.
    Applicants: TransCanada Energy Sales Ltd.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii):
TransCanada Energy Sales--Revised Electric Tariff to be effective 10/2/
2014.
    Filed Date: 10/1/14.
    Accession Number: 20141001-5091.
    Comments Due: 5 p.m. ET 10/22/14.

    Docket Numbers: ER15-2-000.
    Applicants: Duke Energy Beckjord, LLC.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii):
Supplement to Southeast MBR Filing to be effective 3/1/2014.
    Filed Date: 10/1/14.
    Accession Number: 20141001-5165.
    Comments Due: 5 p.m. ET 10/22/14.

    Docket Numbers: ER15-3-000.
    Applicants: Commonwealth Edison Company, PJM Interconnection,
L.L.C.
    Description: Sec.  205(d) rate filing per 35.13(a)(2)(iii):
Modifications to Customers Identified to Attachment H-13 to be
effective 10/13/2014.
    Filed Date: 10/1/14.
    Accession Number: 20141001-5166.
    Comments Due: 5 p.m. ET 10/22/14.

    Docket Numbers: ER15-4-000.
    Applicants: Westar Energy, Inc.
    Description: Tariff Withdrawal per 35.15: Notice of Cancellation of
Rate Schedules to be effective 11/1/2013.
    Filed Date: 10/1/14.
    Accession Number: 20141001-5207.
    Comments Due: 5 p.m. ET 10/22/14.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211

and 214 of the Commission's Regulations (18 CFR 385.211 and 385.214) on
or before 5:00 p.m. Eastern time on the specified comment date.
Protests may be considered, but intervention is necessary to become a
party to the proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: October 1, 2014.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2014-24106 Filed 10-8-14; 8:45 am]
BILLING CODE 6717-01-P


[Hexazinone] Dietary Exposure Assessment DP Barcode: [D279898] PC Code: [107201] Page: 1 of 9 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D. C. 20460 OFFICE OF PREVENTION, PESTICIDES AND TOXIC SUBSTANCES MEMORANDUM DATE: 05/ 14/ 2002 revised 07/ 30/ 2002 SUBJECT: Hexazinone Acute and Chronic Dietary Exposure Assessments for the TRED.

PC Code: 107201 DP Barcode: D279898 REVIEWER: John S. Punzi, Ph. D., Chemist Reregistration Branch II Health Effects Division (7509C)

THROUGH: Richard Griffin, DESAC Reviewer Branch/ Health Effects Division (7509C)

Alan Nielsen, Branch Senior Scientist Branch/ Health Effects Division (7509C)

TO: Dirk Helder, Chemical Review Manager Reregistration Branch II Special Review and Reregistration Division (7509C)

and Carol Christensen, Risk Assessor Reregistration Branch II Health Effects Division (7509C)

Executive Summary The purpose of this memorandum is to report the revised results of a Tier 1 dietary exposure analysis for hexazinone. In this analysis the acute and chronic dietary exposure and risk estimates resulting from food intake were determined for the U. S. population and various population subgroups. [Hexazinone] Dietary Exposure Assessment DP Barcode: [D279898] PC Code: [107201] Page: 2 of 9 Acute and chronic dietary exposure assessments were performed in order to determine the exposure and risk estimates which result from the use of hexazinone on the crops included in the reregistration eligibility decision. The document has been revised to reflect a 07/ 30/ 02 HIARC revist.

Hexazinone residues of concern for plants are parent plus metabolites A, B, C, D, E (see D279897, S. Kinard, 02/ 05/ 2002, for structures and metabolite discussion). The tolerance values for hexazinone in/ on blueberry, pineapple, and sugarcane are based on the enforcement analytical method's limit of quantitation (LOQ) and all non detectable residues were found in residue studies (see D279899, J. Punzi, 05/ 15/ 2002). This analysis used a single residue estimate based on the reassessed tolerance for blueberry, pineapple, and sugarcane. Default processing factors and 100% crop treated were used for residue input into DEEM.

Hexazinone residues of concern in ruminant milk are hexazinone plus metabolites B, C, C 2, and F. Hexazinone residues of concern in ruminant tissue are hexazinone plus metabolites B and F. For purposes of risk assessment however, the residues of concern in livestock milk and tissue are hexazinone plus metabolites B, C, C 1, C 2, and F. The livestock feeding study indicates significant residues in milk at all feeding levels and quantifiable residues in kidney. When the residue levels are corrected for exaggerated rates the values are less than the sum of the LOQ's for the residues of concern. Based on the analytical method's LOQ the residue estimate for meats and milk are 0.24 ppm. Default processing factors and 100% crop treated were used for residue input into DEEM.

The chronic dietary risk estimates are provided for the U. S. population (total) and various population subgroups. This assessment concludes that the exposure is below HED's level of concern for all population subgroups examined. Exposures, as a percentage of the RfD, ranged from approximately 3% for females aged 13 through 50 years to 15% for children aged 1 through 6 years.

The acute dietary risk estimates are provided for the population subgroup consisting of females aged 13 through 50 years only. This assessment concludes that the exposure is below HED's level of concern for this subgroup. Exposures as a percentage of the RfD are calculated to be less than 1% at the 95 th percentile.

I. Introduction Dietary risk assessment incorporates both exposure and toxicity of a given pesticide. For acute and chronic assessments, the risk is expressed as a percentage of a maximum acceptable dose. This dose is the highest daily dose which HED has deemed will pose no unreasonable adverse health effects and is called the population adjusted dose (PAD). The PAD is equivalent to the Reference Dose (RfD) divided by the FQPA Safety Factor. Dietary risk is expressed as a percentage of the PAD. HED's level of concern is exceeded when the dietary risk exceeds 100% of the PAD. References which discuss the acute and chronic risk assessments in more detail are available on the EPA/ pesticides web site: "Available Information on Assessing Exposure from [Hexazinone] Dietary Exposure Assessment DP Barcode: [D279898] PC Code: [107201] Page: 3 of 9 Pesticides, A User's Guide", 6/ 21/ 2000, web link: http:// www. epa. gov/ fedrgstr/ EPA PEST/ 2000/ July/ Day 12/ 6061. pdf ; or see SOP 99.6 (8/ 20/ 99).

II. Residue Information Hexazinone tolerances are established under 40 CFR §180.396 (a) and (b). The tolerance for plant and animal commodities, is currently expressed in terms of the combined residues of hexazinone and its metabolites (calculated as hexazinone).

Tolerances are currently established for; alfalfa; alfalfa hay; blueberries; cattle, goat, hog, and horse fat, meat, and meat by products; range grasses, pasture grasses, milk, pineapple and sugarcane. Current tolerances range from 0.1 ppm in/ on meats and milk to 10 ppm on grasses.

Reassessed tolerances range from 0.1 ppm to 4 ppm. Tolerances are not currently needed for livestock fat, hog meat, and hog meat by products. HED is recommending that in order to reassess the established hexazinone tolerances for milk and the fat, meat, and meat byproducts of livestock and to compute a maximum theoretical dietary burden (MTDB) of hexazinone to livestock, uses on pasture and rangeland grasses must be revoked. A MTDB could not be calculated including grass and grass hay since additional residue data are required for use patterns in which significant residues are expected in/ on the RACs. HED recognizes that the estimated 100,000 acres of pasture and rangeland treated with hexazinone is relatively low. Since grass and grass hay are considered major dietary components of ruminants (up to 60% of the diet per current OPPTS GLN) a MTDB for livestock could not be developed when grasses are included in the registered uses. HED has determined that a MTDB could be constructed from other potential feed items for livestock and subsequently tolerances for meats and milk can be reassessed.

Hexazinone residues of concern for plants are parent plus metabolites A, B, C, D, E (see D279897, S. Kinard 02/ 05/ 2002, for structures and metabolite discussion). The tolerance values for hexazinone in/ on blueberry, pineapple, and sugarcane are based on the analytical method's limit of quantitation (LOQ) and all non detectable residues were found in residue studies (see D279899, J. Punzi, 05/ 05/ 2002). This analysis used a single residue estimate based on the reassessed tolerance for blueberry, pineapple, and sugarcane. Default processing factors and 100% crop treated were used for residue input into DEEM.

Hexazinone residues of concern in ruminant milk are hexazinone plus metabolites B, C, C 2, and F. Hexazinone residues of concern in ruminant tissue are hexazinone plus metabolites B and F. For purposes of risk assessment however, the residues of concern in livestock milk and tissue are hexazinone plus metabolites B, C, C 1, C 2, and F. The livestock feeding study indicates significant residues in milk at all feeding levels and quantifiable residues in kidney. When the residue levels are corrected for exaggerated rates the values are less than the sum of the LOQ's for the residues of concern. Based on the analytical method's LOQ the reside estimate for meats and milk are 0.24 ppm. Default processing factors and 100% crop treated were used for residue input into DEEM. [Hexazinone] Dietary Exposure Assessment DP Barcode: [D279898] PC Code: [107201] Page: 4 of 9 Residue Data used for Acute and Chronic Assessments:

This TIER 1 analysis used a single residue estimate based on the reassessed tolerance for blueberry, pineapple, and sugarcane. Default processing factors and 100% crop treated were used for residue input into DEEM. For purposes of risk assessment however, the residues of concern in livestock milk and tissue are hexazinone plus metabolites B, C, C 1, C 2, and F. The same data are being used in both acute and chronic analysis.

III. DEEM™ Program and Consumption Information Hexazinone acute and chronic dietary exposure assessments were conducted using the Dietary Exposure Evaluation Model (DEEM™) software, Version [7.76], which incorporates consumption data from USDA's Continuing Surveys of Food Intake by Individuals (CSFII), 1989 1992. The 1989 92 data are based on the reported consumption of more than 10,000 individuals over three consecutive days, and therefore represent more than 30,000 unique "person days" of data. Foods "as consumed" (e. g., apple pie) are linked to raw agricultural commodities and their food forms (e. g., apples cooked/ canned or wheat flour) by recipe translation files internal to the DEEM software. Consumption data are averaged for the entire U. S. population and within population subgroups for chronic exposure assessment, but are retained as individual consumption events for acute exposure assessment.

For chronic exposure and risk assessment, an estimate of the residue level in each food or foodform (e. g., orange or orange juice) on the commodity residue list is multiplied by the average daily consumption estimate for that food/ food form. The resulting residue consumption estimate for each food/ food form is summed with the residue consumption estimates for all other food/ food forms on the commodity residue list to arrive at the total average estimated exposure. Exposure is expressed in mg/ kg body weight/ day and as a percent of the cPAD. This procedure is performed for each population subgroup.

For acute exposure assessments, individual one day food consumption data are used on an individual by individual basis. The reported consumption amounts of each food item can be multiplied by a residue point estimate and summed to obtain a total daily pesticide exposure for a deterministic (Tier 1 or Tier 2) exposure assessment, or "matched" in multiple random pairings with residue values and then summed in a probabilistic (Tier 3/ 4) assessment. The resulting distribution of exposures is expressed as a percentage of the aPAD on both a user (i. e., those who reported eating relevant commodities/ food forms) and a per capita (i. e., those who reported eating the relevant commodities as well as those who did not) basis. In accordance with HED policy, per capita exposure and risk are reported for all tiers of analysis. However, for tiers 1 and 2, significant differences in user vs. per capita exposure and risk are identified and noted in the risk assessment.

HED notes that there is a degree of uncertainty in extrapolating exposures for certain population subgroups which may not be sufficiently represented in the consumption surveys, (e. g., nursing and non nursing infants or Hispanic females). Therefore, risks estimated for these [Hexazinone] Dietary Exposure Assessment DP Barcode: [D279898] PC Code: [107201] Page: 5 of 9 subpopulations were included in representative populations having sufficient numbers of survey respondents (e. g., all infants, or females 13 50 years).

IV. Toxicological Information The toxicological endpoint summary table below reflects the HIARC document (01/ 16/ 2002, TXR# 0050371), the FQPA SF committee report (05/ 15/ 2002, TXR# 0050750) and an additional HIARC meeting on 07/ 30/ 02.

Table 1. Summary of Toxicological Doses and Endpoints for [CHEMICAL] for Use in Dietary Exposure Assessment Exposure Scenario Dose Used in Risk Assessment, UF FQPA SF* and Endpoint for Risk Assessment Study and Toxicological Effects Acute Dietary [Female 13 50] NOAEL = [400] mg/ kg/ day UF = [100] Acute RfD = [4.0] mg/ kg/ day FQPA SF = [1] aPAD =[ 4.0] mg/ kg/ day [Developmental Toxicity Rat] LOAEL = [ 900] mg/ kg/ day based on [decreased fetal weight, malformation of kidneys]

Chronic Dietary all populations NOAEL= [5] mg/ kg/ day UF = [100] Chronic RfD = [0.05] mg/ kg/ day FQPA SF = [1] cPAD = [0.05] mg/ kg/ day [Chronic One Year Feeding Dog] LOAEL = [ ~40] mg/ kg/ day based on [hepatotoxicity]

V. Results/ Discussion As stated above, for acute and chronic assessments, HED's level of concern is exceeded when the dietary risk exceeds 100% of the PAD. The DEEM analyses can estimate the dietary exposure of the U. S. population and 26 population subgroups. The results reported in Table 2 are for the appropriate subpopulation, females aged 13 to 50 years. The results reported in Table 3 are for the U. S. Population (total), all infants (< 1 year old), children 1 6, children 7 12, females 13 50, males 13 19, males 20+, and seniors 55+. The results for the other population subgroups are included in the appendices. They are not included in the tables because the numbers of respondents in the other subgroups were not sufficient; and therefore, the exposure estimates for these subgroups contained higher levels of uncertainty. However, the respondents in these subgroups were also part of larger subgroups which are listed in the Tables. For example, nursing and non nursing infants are included in all infants. [Hexazinone] Dietary Exposure Assessment DP Barcode: [D279898] PC Code: [107201] Page: 6 of 9 Results of Acute Dietary Exposure Analysis Results are reported at the 95th percentile of exposure because the assessment incorporated 100% CT. The acute dietary risk estimates are provided for the population subgroup consisting of females aged 13 through 50 years only. This assessment concludes that the exposure is below HED's level of concern for this subgroup. Exposures as a percentage of the RfD are calculated to be less than 1% at the 95 th percentile.

Table 2. Results of Acute Dietary Exposure Analysis at the 95 th Percentile of Exposure Population Subgroup aPAD (mg/ kg/ day) Exposure (mg/ kg/ day) % aPAD Females 13 50 years old 4. 0 0.003611 <1 Results of Chronic Dietary Exposure Analysis Table 3. Results of Chronic Dietary Exposure Analysis Population Subgroup cPAD (mg/ kg/ day) Exposure (mg/ kg/ day) % cPAD U. S. Population (total) 0. 05 0. 002167 4 All Infants (< 1 year) 0. 05 0. 003752 7 Children 1 6 years 0. 05 0. 007449 15 Children 7 12 years 0. 05 0. 003964 8 Females 13 50 0.05 0.001308 3 Males 13 19 0.05 0.002334 5 Males 20+ years 0. 05 0. 001208 2 Seniors 55+ 0.05 0.001159 2 The chronic dietary risk estimates are provided for the U. S. population (total) and various population subgroups. This assessment concludes that the exposure is below HED's level of concern for all population subgroups examined. Exposures, as a percentage of the RfD, ranged from approximately 3% for females aged 13 through 50 years to 15% for children aged 1 through 6 years. [Hexazinone] Dietary Exposure Assessment DP Barcode: [D279898] PC Code: [107201] Page: 7 of 9 VII. Conclusions The Tier 1 acute and chronic dietary risk assessments were conducted for all supported hexazinone food uses. Dietary risk estimates are provided for the U. S. population (total) and various population subgroups. This assessment concludes that for all supported registered commodities, the acute risk estimates are below the Agency's level of concern at the 95 th exposure percentile for the population subgroup consisting of females aged 13 to 50 years. The acute dietary exposure estimate for this group is <1% of the aPAD. This assessment also concludes that for all commodities, the chronic risk estimates are below the Agency's level of concern for the U. S. population (total) (4% of the cPAD) and all population subgroups. The most highly exposed population subgroup is children aged 1 to 6 years. The chronic dietary exposure estimate for the highest exposed population subgroup is 15% of the cPAD. [Hexazinone] Dietary Exposure Assessment DP Barcode: [D279898] PC Code: [107201] Page: 8 of 9 Appendix U. S. Environmental Protection Agency Ver. 7.76 DEEM Chronic analysis for HEXAZINONE (1989 92 data) Residue file name: C:\ WINDOWS\ Desktop\ hexazinone\ 107201accr. RS7 Adjustment factor #2 NOT used. Analysis Date 07 31 2002/ 14: 53: 38 Residue file dated: 07 31 2002/ 14: 52: 49/ 8 Reference dose (RfD, Chronic) = .05 mg/ kg bw/ day =============================================================================== Total exposure by population subgroup

Total Exposure

Population mg/ kg Percent of Subgroup body wt/ day Rfd

U. S. Population (total) 0.002167 4.3%

U. S. Population (spring season) 0.002199 4.4% U. S. Population (summer season) 0.002113 4.2% U. S. Population (autumn season) 0.002263 4.5% U. S. Population (winter season) 0.002095 4.2%

Northeast region 0.002137 4.3% Midwest region 0.002400 4.8% Southern region 0.001990 4.0% Western region 0.002215 4.4%

Hispanics 0.002339 4.7% Non hispanic whites 0.002172 4.3% Non hispanic blacks 0.001975 4.0% Non hisp/ non white/ non black 0.002334 4.7%

All infants (< 1 year) 0.003752 7.5% Nursing infants 0.001188 2.4% Non nursing infants 0.004830 9.7% Children 1 6 yrs 0.007449 14.9% Children 7 12 yrs 0.003964 7.9%

Females 13 19 (not preg or nursing) 0.001829 3.7% Females 20+ (not preg or nursing) 0.001143 2.3% Females 13 50 yrs 0.001308 2.6% Females 13+ (preg/ not nursing) 0.001968 3.9% Females 13+ (nursing) 0.002252 4.5%

Males 13 19 yrs 0.002335 4.7% Males 20+ yrs 0.001208 2.4% Seniors 55+ 0.001160 2.3% Pacific Region 0.002206 4.4%

 [Hexazinone] Dietary Exposure Assessment DP Barcode: [D279898] PC Code: [107201] Page: 9 of 9 Attachment (electronic file id 107201accr. rs7).

cc: JSPunzi (RRB2), Hexazinone Reg. Std. File, Hexazinone SF, RF, LAN. 7509C: RRB2: John S. Punzi: CM2: Rm 712M: 703 305 7727: 05/ 15/ 2002. (Revised 07/ 31/ 02).


[Federal Register: December 9, 2009 (Volume 74, Number 235)]
[Notices]
[Page 65190-65191]
[DOCID:fr09de09-115]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-61087; File No. SR-FINRA-2009-078]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing and Immediate Effectiveness of
Proposed Rule Change To Update Certain Cross-References Within Certain
FINRA Rules

December 1, 2009.
    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 13, 2009, Financial Industry Regulatory Authority, Inc.
(``FINRA'') (f/k/a National Association of Securities Dealers, Inc.
(``NASD'')) filed with the Securities and Exchange Commission (``SEC''
or ``Commission'') the proposed rule change as described in Items I, II
and III below, which Items have been prepared by FINRA. FINRA has
designated the proposed rule change as constituting a ``non-
controversial'' rule change under paragraph (f)(6) of Rule 19b-4 under
the Act,\3\ 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.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    FINRA is proposing to update cross-references within certain FINRA
rules to reflect changes adopted in the consolidated FINRA rulebook and
to make non-substantive technical changes to certain FINRA and NASD
rules.
    The text of the proposed rule change is available on FINRA's Web
site at http://www.finra.org, at the principal office of FINRA 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, 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
    FINRA is in the process of developing a new consolidated rulebook
(``Consolidated FINRA Rulebook'').\4\ That process involves FINRA
submitting to the Commission for approval a series of proposed rule
changes over time to adopt rules in the Consolidated FINRA Rulebook.
The phased adoption and implementation of those rules necessitates
periodic amendments to update rule cross-references and other non-
substantive technical changes in the Consolidated FINRA Rulebook.
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    \4\ The current FINRA rulebook consists of (1) FINRA Rules; (2)
NASD Rules; and (3) rules incorporated from NYSE (``Incorporated
NYSE Rules'') (together, the NASD Rules and Incorporated NYSE Rules
are referred to as the ``Transitional Rulebook''). While the NASD
Rules generally apply to all FINRA members, the Incorporated NYSE
Rules apply only to those members of FINRA that are also members of
the NYSE (``Dual Members''). The FINRA Rules apply to all FINRA
members, unless such rules have a more limited application by their
terms. For more information about the rulebook consolidation
process, see Information Notice, March 12, 2008 (Rulebook
Consolidation Process).
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    The proposed rule change would update rule cross-references to
reflect changes adopted in the Consolidated FINRA Rulebook.
Specifically, the proposed rule change would update FINRA Rule 0150 to
reflect the incorporation into the Consolidated FINRA Rulebook of NASD
Rule 3330 (Payment Designed to Influence Market Prices, Other than Paid
Advertising) as FINRA Rule 5230 (Payments Involving Publications that
Influence the Market Price of a Security),\5\ NASD Rule 2250 as FINRA
Rule 2269 (Disclosure of Participation or Interest in Primary or
Secondary Distribution) \6\ and certain paragraphs of NASD Rule 2330
(Customers' Securities or Funds) as FINRA Rule 2150 (Improper Use of
Customers' Securities or Funds; Prohibition Against Guarantees and
Sharing in Accounts).\7\
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    \5\ See Securities Exchange Act Release No. 60648 (September 10,
2009), 74 FR 47837 (September 17, 2009) (Order Approving File No.
SR-FINRA-2008-048).
    \6\ See Securities Exchange Act Release No. 60659 (September 11,
2009), 74 FR 48117 (September 21, 2009) (Order Approving File No.
SR-FINRA-2009-044).
    \7\ See Securities Exchange Act Release No. 60701 (September 21,
2009); 74 FR 49425 (September 28, 2009) (Order Approving File No.
SR-FINRA-2009-014).
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    Similarly, rule cross-references in FINRA Rule 6635 (FINRA Rules)
would be updated to reflect the adoption of NASD Rule 2240 as FINRA
Rule 2262 (Disclosure of Control Relationship with Issuer),\8\ NASD
Rule 2250 as FINRA 2269 (Disclosure of Participation or Interest in
Primary or Secondary Distribution),\9\ certain paragraphs of NASD Rule
2330 (Customers' Securities or Funds) as FINRA Rule 2150 (Improper Use
of Customers' Securities or Funds; Prohibition Against Guarantees and
Sharing in Accounts) \10\ and NASD Rule 3340 as FINRA Rule 5260
(Prohibition on Transactions, Publication of Quotations, or Publication
of Indications of Interest During Trading Halts).\11\
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    \8\ See note 6.
    \9\ See note 6.
    \10\ See note 7.
    \11\ See note 6.
---------------------------------------------------------------------------

    The proposed rule change also would amend FINRA Rules 2357
(Communications with the Public and Customers Concerning Index
Warrants, Currency Index Warrants and Currency Warrants) and 9551
(Failure to Comply with Public Communication Standards) to reflect the
adoption of NASD Rule 2220 as FINRA Rule 2220 (Options Communications)
in the Consolidated FINRA Rulebook.\12\ Moreover, the proposed rule
change would update FINRA Rule 2357 (Communications with the Public and
Customers Concerning Index Warrants, Currency Index Warrants and
Currency Warrants) to delete references to NASD Rule 2220(c)(5) and
(d)(2)(C)(v) as these subparagraphs will not be transferred into the
Consolidated FINRA Rulebook as part of FINRA Rule 2220. These
subparagraphs were deleted by SR-FINRA-2008-013, which became effective
on March 4, 2009.\13\
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    \12\ See Securities Exchange Act Release No. 60534 (August 19,
2009), 74 FR 44410 (August 28, 2009) (Order Approving File No. SR-
FINRA-2009-036).
    \13\ See Securities Exchange Act Release No. 58738 (October 6,
2008); 73 FR 60371 (October 10, 2008) (Order Approving File No. SR-
FINRA-2008-013).
---------------------------------------------------------------------------

    Additionally, the proposed rule change would make non-substantive
technical changes to paragraphs (e) and (f) of NASD Rule 2320 (Best
Execution and Interpositioning) to reflect changes approved by the
Commission in SR-FINRA-2007-024, which became effective on September 8,
2009,\14\ and to

FINRA Rule 5122 (Private Placements of Securities Issued by Members).
All of the proposed rule changes noted above will become effective on
December 14, 2009.
---------------------------------------------------------------------------

    \14\ See Securities Exchange Act Release No. 60635 (September 8,
2009); 74 FR 47302 (September 15, 2009) (Order Approving File No.
SR-FINRA-2007-024).
---------------------------------------------------------------------------

    Finally, the proposed rule change would update rule cross-
references in FINRA Rule 9217 (Violations Appropriate for Disposition
Under Plan Pursuant to SEA Rule 19d-1(c)(2)) to reflect the
incorporation of NASD Rule 2220 into the Consolidated FINRA Rulebook as
FINRA Rule 2220 (Options Communications) \15\ and the deletion of NYSE
Rule 445 (Anti-Money Laundering Compliance Program) \16\ and certain
paragraphs of NYSE Rule 352 (Guarantees, Sharing in Accounts, and Loan
Arrangements) \17\ from the FINRA rulebook.
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    \15\ See note 12.
    \16\ See Securities Exchange Act Release No. 60645 (September
10, 2009), 74 FR 47630 (September 16, 2009) (Order Approving File
No. SR-FINRA-2009-039).
    \17\ See note 7.
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    FINRA has filed the proposed rule change for immediate
effectiveness. The implementation date for the proposed rule changes to
NASD Rule 2320 and FINRA Rules 0150, 2357, 5122, 6635 and 9551 will be
December 14, 2009.\18\ The implementation date for the proposed rule
changes to FINRA Rule 9217 will be December 14, 2009, except the
proposed change that would eliminate the reference to NYSE Rule 445
from FINRA Rule 9217, which will be implemented on January 1, 2010.\19\
---------------------------------------------------------------------------

    \18\ See Regulatory Notice 09-60 (October 2009).
    \19\ See note 18.
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2. Statutory Basis
    FINRA believes that the proposed rule change is consistent with the
provisions of Section 15A(b)(6) of the Act,\20\ 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 the proposed rule change will provide
greater clarity to members and the public regarding FINRA's rules.
---------------------------------------------------------------------------

    \20\ 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

    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 \21\ and Rule 19b-
4(f)(6) thereunder.\22\
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    \21\ 15 U.S.C. 78s(b)(3)(A).
    \22\ 17 CFR 240.19b-4(f)(6).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate 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.

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-2009-078 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-2009-078. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/
rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room, 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 publicly available. All
submissions should refer to File Number SR-FINRA-2009-078 and should be
submitted on or before December 30, 2009.
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    \23\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\23\
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-29389 Filed 12-8-09; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 19 (Monday, January 30, 2012)]
[Rules and Regulations]
[Pages 4459-4460]
[FR Doc No: 2012-1791]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2011-0846; Airspace Docket No. 11-ACE-18]

Amendment of Class E Airspace; Greenfield, IA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends Class E airspace for Greenfield, IA.
Decommissioning of the Greenfield non-directional beacon (NDB) at
Greenfield Municipal Airport, has made this action necessary to enhance
the safety and management of Instrument Flight Rule (IFR) operations at
the airport.

DATES: Effective date: 0901 UTC, April 5, 2012. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and
publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Scott Enander, Central Service Center,
Operations Support Group, Federal Aviation Administration, Southwest
Region, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone (817) 321-
7716.

SUPPLEMENTARY INFORMATION:

History

    On August 26, 2011, the FAA published in the Federal Register a
notice of proposed rulemaking to amend Class E airspace for Greenfield,
IA, reconfiguring controlled airspace at Greenfield Municipal Airport
(76 FR 53356) Docket No. FAA-2011-0846. Interested parties were invited
to participate in this rulemaking effort by submitting written comments
on the proposal to the FAA. No comments were received. Class E airspace
designations are published in paragraph 6005 of FAA Order 7400.9V dated
August 9, 2011, and effective September 15, 2011, 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 amending Class E airspace extending upward from 700 feet
above the surface for the Greenfield, IA area. Decommissioning of the
Greenfield NDB and cancellation of the NDB approach at Greenfield
Municipal Airport has made reconfiguration of the airspace necessary
for the safety and management of IFR operations at the 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.
Therefore, this regulation: (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. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, 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 U.S. 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 I, section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it amends controlled airspace at Greenfield Municipal Airport,
Greenfield, IA.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

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

PART 71--DESIGNATION OF CLASS A, B, C, D, AND 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 the Federal
Aviation Administration Order 7400.9V, Airspace Designations and
Reporting Points, dated August 9, 2011, and effective September 15,
2011 is amended as follows:
* * * * *

Paragraph 6005 Class E airspace areas extending upward from 700
feet or more above the surface.

* * * * *

ACE IA E5 Greenfield, IA [Amended]

    Greenfield Municipal Airport, IA
    (Lat. 41[deg]19'38'' N., long. 94[deg]26'43'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.4-mile radius of Greenfield Municipal Airport.

    Issued in Fort Worth, Texas, on January 13, 2012.
Walter L. Tweedy,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2012-1791 Filed 1-27-12; 8:45 am]
BILLING CODE 4910-13-P