[Federal Register Volume 87, Number 202 (Thursday, October 20, 2022)]
[Notices]
[Pages 63774-63775]
[FR Doc No: 2022-22725]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-ORD-2014-0313; FRL-10128-01-ORD]

Availability of the Draft IRIS Toxicological Review of Hexavalent
Chromium

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of public comment period.

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

SUMMARY: The Environmental Protection Agency (EPA) is announcing a 60-
day public comment period associated with release of the draft
Integrated Risk Information System (IRIS) Toxicological Review of
Hexavalent Chromium. The draft document was prepared by the Center for
Public Health and Environmental Assessment (CPHEA) within EPA's Office
of Research and Development (ORD).
    EPA is releasing this draft IRIS assessment for public comment in
advance of a Science Advisory Board (SAB) led peer review. SAB will
convene a public meeting to discuss the draft report with the public
during Step 4 of the IRIS Process. The external peer reviewers will
consider public comments submitted to the EPA docket in response to
this notice and any others provided at the public meeting when
reviewing this document. EPA will consider all comments submitted to
the docket when revising the document post-peer review. This draft
assessment is not final as described in EPA's information quality
guidelines, and it does not represent, and should not be construed to
represent Agency policy or views.

DATES: The 60-day public comment period begins October 20, 2022 and
ends December 19, 2022. Comments must be received on or before December
19, 2022.

ADDRESSES: The IRIS Toxicological Review of Hexavalent Chromium will be
available via the internet on the IRIS website at https://www.epa.gov/iris/iris-recent-additions and in the public docket at http://www.regulations.gov,

Docket ID No. EPA-HQ-ORD-2014-0313.

FOR FURTHER INFORMATION CONTACT: For information on the public comment
period, contact the ORD Docket at the EPA Headquarters Docket Center;
telephone:<PHONE_NUMBER>; facsimile:<PHONE_NUMBER>; or email:
[email protected].
    For technical information on the IRIS Toxicological Review of
Hexavalent Chromium contact Dr. Andrew Kraft, CPHEA; telephone: 202-
564-0286; or email: [email protected]. The IRIS Program will provide
updates through the IRIS website (https://www.epa.gov/iris) and via
EPA's IRIS listserv. To register for the IRIS listserv, visit the IRIS
website (https://www.epa.gov/iris) or visit https://www.epa.gov/iris/forms/staying-connected-integrated-risk-information-system#connect.
    For information about the peer review, please visit the EPA SAB
website: https://sab.epa.gov/ords/sab/f?p=114:1::::::.

SUPPLEMENTARY INFORMATION: I. How to Submit Technical Comments to the
Docket at https://www.regulations.gov. Submit your comments, identified
by Docket ID No. EPA-HQ-ORD-2014-0313 for the Hexavalent Chromium IRIS
Assessment, by one of the following methods:
     www.regulations.gov: Follow the on-line instructions for
submitting comments.
     Email: [email protected].
     Fax:<PHONE_NUMBER>. Due to COVID-19, there may be a delay
in processing comments submitted by fax.
     Mail: U.S. Environmental Protection Agency, EPA Docket
Center (ORD Docket), Mail Code: 28221T, 1200 Pennsylvania Avenue NW,
Washington, DC 20460. The phone number is<PHONE_NUMBER>. Due to COVID-
19, there may be a delay in processing comments submitted by mail.
    For information on visiting the EPA Docket Center Public Reading
Room, visit https://www.epa.gov/dockets. Due to public health concerns
related to COVID-19, the EPA Docket Center and Reading Room may be
closed to the public with limited exceptions. The telephone number for
the Public Reading Room is<PHONE_NUMBER>. The public can submit comments
via www.regulations.gov or email.
    Instructions: Direct your comments to docket number EPA-HQ-ORD-
2014-0313 for IRIS Toxicological Review of Hexavalent Chromium. Please
ensure that your comments are submitted within the specified comment
period. It is EPA's policy to include all comments it receives in the
public docket within the specified comment period without change and to
make the comments available online at www.regulations.gov, including
any personal information provided, unless a comment includes
information claimed to be Confidential Business Information (CBI) or
other information for which disclosure is restricted by statute. Do not
submit information through www.regulations.gov or email that you
consider to be CBI or otherwise protected. The www.regulations.gov
website is an ``anonymous access'' system, which means EPA will not
know your identity or contact information unless you provide it in the
body of your comment. If you send an email comment directly to EPA
without going through www.regulations.gov, your email address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at www.epa.gov/epahome/dockets.htm.
    Docket: Documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other materials,
such as copyrighted material, are publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at the ORD Docket in the EPA
Headquarters Docket Center.

Wayne Cascio,
Director, Center for Public Health & Environmental Assessment.
[FR Doc. 2022-22725 Filed 10-19-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 173 (Monday, September 8, 2014)]
[Notices]
[Page 53192]
[FR Doc No: 2014-21298]

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

ENVIRONMENTAL PROTECTION AGENCY

[FRL-9916-25-ORD]

EPA Board of Scientific Counselors Advisory Board; Notice of
Charter Renewal

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Charter Renewal.

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

    Notice is hereby given that the Environmental Protection Agency
(EPA) has determined that, in accordance with the provisions of the
Federal Advisory Committee Act (FACA), 5 U.S.C. App. 2, the EPA Board
of Scientific Counselors (BOSC) Advisory Board is a necessary committee
which is in the public interest. Accordingly, the BOSC will be renewed
for an additional two-year period. The purpose of the BOSC is to
provide advice and recommendations to the Administrator, through the
Assistant Administrator of the Office of Research and Development
(ORD), regarding ORD science and engineering research, programs and
plans, laboratories, and research management practices. Inquiries may
be directed to Tom Tracy, U.S. EPA, (Mail Code 8104R), 1200
Pennsylvania Avenue NW., Washington, DC 20460, telephone (202) 564-
6518, or<EMAIL_ADDRESS>
     Dated: April 24, 2014.
 Lek Kadeli,
Acting Assistant Administrator, Office of Research and Development.

    Editorial Note: This document was received for publication by
the Office of Federal Register on September 3, 2014.

[FR Doc. 2014-21298 Filed 9-5-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: September 24, 2008 (Volume 73, Number 186)]
[Notices]
[Page 55201-55202]
[DOCID:fr24se08-164]

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

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2008-0145, Notice 1]

NHTSA's Activities Under the United Nations Economic Commission
for Europe 1998 Global Agreement: Pedestrian Safety

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

ACTION: Notice of activities under the 1998 Global Agreement and
request for comments.

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

SUMMARY: NHTSA is publishing this notice to inform the public that
there is a vote scheduled to establish the Global Technical Regulation
on Pedestrian Safety at the November 2008 session of the World Forum
for Harmonization of Vehicle Regulations (WP.29). In anticipation of
the vote NHTSA is requesting comments to inform its decision for the
vote. Publication of this information is in accordance with NHTSA's
Statement of Policy regarding Agency Policy Goals and Public
Participation in the Implementation of the 1998 Global Agreement on
Global Technical Regulations.

DATES: Written comments may be submitted to this agency within 30 days
of publication of this notice.

ADDRESSES: You may submit comments [identified by DOT Docket No. NHTSA-
2008-0145, Notice 1] by any of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the online 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., between 9 a.m. and 5 p.m. ET,
Monday through Friday, except Federal holidays. Telephone: 1-800-647-
5527.
     Fax:<PHONE_NUMBER>.
    Instructions: All submissions must include the agency name and
docket number for this proposed collection of information. Note that
all comments received will be posted without change to http://
www.regulations.gov, including any personal information provided.
Please see the Privacy Act heading below.
    Privacy Act: Anyone is able to search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78) or you may visit http://
DocketInfo.dot.gov.
    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov or the street
address listed above. Follow the online instructions for accessing the
dockets.

FOR FURTHER INFORMATION CONTACT: Mr. Ezana Wondimneh, Division Chief,
International Policy and Harmonization (NVS-133), National Highway
Traffic Safety Administration, 1200 New Jersey Avenue, SE., Washington,
DC 20590; Phone<PHONE_NUMBER>, Fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Pedestrian safety is a key focus worldwide.
Data indicate that, annually: in the European Union about 8,000
pedestrians and cyclists are killed and about 300,000 injured; in North
America approximately 5,000 pedestrians are killed and 85,000 injured;
in Japan approximately 3,300 pedestrians and cyclists are killed and
27,000 seriously injured; and in South Korea around 3,600 pedestrians
are killed and 90,000 injured.\1\
---------------------------------------------------------------------------

    \1\ Further discussion of these statistics and data sources is
available in the text of the GTR.
---------------------------------------------------------------------------

    The U.S. participated in the International Harmonized Research
Activities (IHRA) Pedestrian Safety Working Group (IHRA-PS-WG) as it
began to investigate and analyze the latest pedestrian accident data
from IHRA member countries in 2001 and continued on to prepare
harmonized pedestrian-passenger vehicle test procedures. Following
this, separate adult and child head form tests were presented to the
World Forum for

Harmonization of Vehicle Regulations (WP.29) at the end of 2002.
Initial leg form tests were proposed in 2004. Since then, the U.S. has
been working with representatives from WP.29 and IHRA to refine these
testing procedures for inclusion in the GTR.
    NHTSA has also participated in the pedestrian safety technical
working group established under the GRSP since 2002. In March 2004, a
formal proposal to develop a pedestrian safety GTR was adopted by the
Executive Committee for the 1998 Agreement (AC.3) under the sponsorship
of the European Commission. The working group is chaired by Japan.
    This GTR is expected to improve pedestrian safety by requiring
vehicle hoods and bumpers to absorb energy more efficiently when
impacted in a 40 kilometer per hour (km/h) vehicle-to-pedestrian
impact. These incidents account for more than 75 percent of the
pedestrian-injured accidents (AIS 1+) reported by IHRA/PS. Pedestrian
fatalities in countries that implement the GTR could be reduced by
between 1 and 5 percent depending on the contracting party's
transportation environment. The GTR consists of two sets of performance
criteria applying to: (a) The hood top and fenders; and (b) the front
bumper. Test procedures have been developed using sub-system impacts
for adult and child head protection and adult leg protection.
    The head impact requirements will ensure that hood tops and fenders
provide head protection when struck by a pedestrian. In testing, the
hood top and fenders would be impacted with a child headform and an
adult headform at 35 km/h. The Head Injury Criterion (HIC) must not
exceed 1,000 over one half of a child headform test area and must not
exceed 1,000 over two thirds of the combined child and adult headform
test areas. The HIC for the remaining areas must not exceed 1,700 for
both headforms.
    The leg protection requirements for the front bumper would require
bumpers to subject pedestrians to lower impact forces than result from
most current designs. The testing required by this GTR specifies that
the vehicle bumper is struck at 40 km/h with a legform that simulates
the impact response of an adult's leg. Vehicles with a lower bumper
height of less than 425 millimeters (mm) are tested with a lower
legform test device, while vehicles with a lower bumper height of more
than 500mm are tested with an upper legform test device. Vehicles with
a lower bumper height between 425mm and 500mm are tested with either
legform as chosen by the manufacturer. In the lower legform-to-bumper
test, vehicles must meet limits on lateral knee bending angle, knee
shearing displacement, and lateral tibia acceleration. In the upper
legform to bumper test, limits are placed on the instantaneous sum of
the impact forces with respect to time and the bending moment on the
test. More detailed information on these test procedures was provided
in previous notices and through the UN Web site as they were considered
by WP.29.
    This GTR is expected to be considered for establishment by vote at
the upcoming November 2008 session of WP.29/AC.3. Once a GTR is
established through consensus voting at WP.29, Contracting Parties,
while not obligated to automatically adopt the regulation, are
obligated to initiate the process of rulemaking in their respective
jurisdictions. If a GTR is established, it is the agency's policy to
initiate domestic rulemaking to adopt its requirements, including a
cost and benefit analysis specific to the U.S. This process provides
further opportunity for the public to comment on our proposed
regulation for consideration through the usual U.S. rulemaking process.
    In anticipation of the vote to establish a GTR for pedestrian
safety, NHTSA is requesting comment from all interested parties. The
draft regulation and associated documents can be found in the docket
for this notice and on the UNECE Web site.\2\
---------------------------------------------------------------------------

    \2\ ECE/TRANS/WP.29/2007/105

    Issued on: September 17, 2008.
Stephen R. Kratzke,
Associate Administrator for Rulemaking.
 [FR Doc. E8-22330 Filed 9-23-08; 8:45 am]

BILLING CODE 4910-59-P


[Federal Register Volume 77, Number 244 (Wednesday, December 19, 2012)]
[Notices]
[Pages 75239-75241]
[FR Doc No: 2012-30503]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-68430; File No. SR-NYSEArca-2012-111]

Self-Regulatory Organizations; NYSE Arca, Inc.; Order Approving a
Proposed Rule Change, as Modified by Amendment No. 1, To List and Trade
Units of the Sprott Physical Platinum and Palladium Trust Pursuant to
NYSE Arca Equities Rule 8.201

December 13, 2012.

I. Introduction

    On October 9, 2012, NYSE Arca, Inc. (``Exchange'' or ``NYSE Arca'')
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
list and trade units (``Units'') of the Sprott Physical Platinum and
Palladium Trust (``Trust'') pursuant to NYSE Arca Equities Rule 8.201.
On October 24, 2012, the Exchange submitted Amendment No. 1 to the
proposed rule change. The proposed rule change was published for
comment in the Federal Register on October 30, 2012.\3\ The Commission
received no comment letters regarding the proposed rule change. This
order approves the proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Securities Exchange Act Release No. 68101 (October 24,
2012), 77 FR 65732 (``Notice'') (noticing the filing of the proposed
rule change as modified by Amendment No. 1).
---------------------------------------------------------------------------

II. Description of the Proposal

    The Exchange proposes to list and trade the Units \4\ under NYSE
Arca Equities Rule 8.201. NYSE Arca represents that the Units satisfy
the requirements of NYSE Arca Equities Rule 8.201 and thereby qualify
for listing and trading on the Exchange.\5\
---------------------------------------------------------------------------

    \4\ Each Unit will represent an equal, fractional, undivided
interest in the net assets of the Trust attributable to the
particular class of Units. See Notice, supra note 3, 77 FR at 65735.
    \5\ With respect to application of Rule 10A-3 under the Act, the
Trust relies on the exemption contained in Rule 10A-3(c)(7). See
Notice, supra note 3, 77 FR at 65733 n.17.
---------------------------------------------------------------------------

    Sprott Asset Management LP is the sponsor and manager of the Trust
(``Sponsor'' or ``Manager'').\6\ RBC Investor Services (``RBC'') is the
trustee and valuation agent of the Trust (``Valuation Agent''), as well
as the custodian of the Trust's assets other than physical platinum and
palladium bullion.\7\ The Royal Canadian Mint is the custodian for the
physical platinum and palladium bullion owned by the Trust (``Platinum
and Palladium Custodian'').
---------------------------------------------------------------------------

    \6\ The Manager is a limited partnership existing under the laws
of Ontario, Canada, and acts as manager of the Trust pursuant to the
trust agreement and the management agreement. The Manager has
adopted a policy pursuant to which no entity or account that is (a)
managed or (b) for whom investment decisions are made, directly or
indirectly, by a person that is involved in the decision-making
process of, or has nonpublic information about, follow-on offerings
of the Trust (``Decision Maker'') is permitted to invest in the
Trust, and no Decision Maker is permitted to invest in the Trust for
the Decision Maker's account or benefit, directly or indirectly. See
Notice, supra note 3, 77 FR at 65732 n.11. Additional details
regarding the Trust are set forth the registration statement for the
Trust, most recently amended on September 4, 2012 (No. 333-179017)
(``Registration Statement'').
    \7\ RBC is affiliated with a broker-dealer. RBC has represented
to the Exchange that it has put in place and will maintain the
appropriate information barriers and controls between itself and the
broker-dealer affiliate so that the broker-dealer affiliate will not
have access to information concerning the composition and/or changes
to the Trust's holdings that are not available on the Trust's Web
site. See Notice, supra note 3, 77 FR at 65732 n.12.
---------------------------------------------------------------------------

    The Trust will issue the Units in an initial public offering.\8\
The Trust may not issue additional Units following the completion of
the initial public offering except under certain conditions. NYSE Arca
will require that a minimum of 1,000,000 Units be outstanding at the
start of trading.
---------------------------------------------------------------------------

    \8\ To purchase physical platinum and palladium bullion, the
Manager will create an order internally and send it for pre-trade
compliance review. Once the order has been approved, the order will
be placed by one of the Manager's traders. Orders generally will be
placed by phone and through electronic dealing systems. Lists of the
plates and ingots available to fill the buy order will be sent to
the Manager by a bullion broker with whom the Manager has an
established relationship. While the Manager will work with a bullion
broker with whom the Manager has an established relationship, the
Manager has represented that it will make all purchases of physical
platinum and palladium bullion on an arms-length basis and will not
make purchases from affiliated entities. See Notice, supra note 3,
77 FR at 65735.
---------------------------------------------------------------------------

    The Trust's investment objective is to invest and hold
substantially all of its assets in physical platinum and palladium
bullion. Except with respect to cash held by the Trust to pay expenses
and anticipated cash redemptions,\9\ the Trust expects to own only
physical platinum and palladium bullion that is certified as conforming
to the Good Delivery Standard (``Good Delivery'') of the London
Platinum and Palladium Market. The Trust will purchase approximately
equal dollar amounts of physical platinum and palladium. The Manager
expects to invest and hold approximately 97% of the total net assets of
the Trust in physical platinum and palladium bullion.
---------------------------------------------------------------------------

    \9\ The Trust can hold no more than ten percent of the assets in
cash or other specified investments. See Notice, supra note 3, 77 FR
at 65734-35 n.21.
---------------------------------------------------------------------------

    The Units will be redeemable monthly for physical platinum and
palladium bullion or for cash at the option of the Unitholder, subject
to certain conditions. Redemption requests for physical platinum and
palladium bullion must be for a minimum of 25,000 Units. A redemption
request for physical platinum and palladium bullion must be received by
the Trust's transfer agent no later than 4:00 p.m. E.T. on the 15th day
of the month in which such redemption notice will be processed, or if
such day is not a Business Day,\10\ then on the immediately following
day that is a Business Day.\11\ Generally, the Units redeemed for
physical platinum and palladium bullion will have a redemption value
equal to the aggregate value of the net asset value (``NAV'') per Unit
of the redeemed Units on the last day on which the Exchange is open for
trading in the month during which the redemption request is processed,
less applicable expenses (``Redemption Amount''). The Manager will
allocate the Redemption Amount to physical platinum and palladium
bullion in direct proportion to the value of physical platinum and
palladium bullion held by the Trust at the time of redemption
(``Bullion Redemption Amount'').\12\
---------------------------------------------------------------------------

    \10\ A ``Business Day'' is a day on which the Exchange or the
Toronto Stock Exchange (``TSX'') is open for trading. The Exchange
states that the Units will trade on both the Exchange and the TSX.
See Notice, supra note 3, 77 FR at 65735.
    \11\ Any bullion redemption notice received after such time will
be processed in the next month.
    \12\ Any Bullion Redemption Amount in excess of the value of the
Good Delivery plates or ingots, as the case may be, of the
particular metal to be delivered to the redeeming Unitholder will be
paid in cash, as such excess amount will not be combined with any
excess amounts in respect of the other metal for the purpose of
delivering additional physical platinum and palladium bullion. See
Notice, supra note 3, 77 FR at 65736.
---------------------------------------------------------------------------

    The Units redeemed for cash will receive a redemption price equal
to 95% of the lesser of: (i) the volume-weighted average trading price
of the Units traded on NYSE Arca or, if trading has been suspended on
NYSE Arca, the volume-weighted average trading price of the Units
traded on the TSX, for the last five days on which the respective
exchange is open for trading during the month in which the redemption
request is processed; or (ii) the NAV per Unit of the redeemed Units on
the last day of such month on which NYSE Arca is open for trading.
    Additional information can be found in the Notice and in the
Registration Statement regarding: the Trust; the Units; the Trust's
investment objectives,

strategies, policies, and restrictions; fees and expenses; creation and
redemption of Units; the physical platinum and palladium markets;
availability of information; trading rules and halts; and surveillance
procedures.\13\
---------------------------------------------------------------------------

    \13\ See Notice and the Registration Statement, supra notes 3
and 6, respectively.
---------------------------------------------------------------------------

III. Discussion and Commission's Findings

    After careful review, the Commission finds that the proposed rule
change is consistent with the requirements of Section 6 of the Act \14\
and the rules and regulations thereunder applicable to a national
securities exchange.\15\ In particular, the Commission finds that the
proposed rule change is consistent with Section 6(b)(5) of the Act,\16\
which requires, among other things, that the rules of a national
securities exchange be designed to promote just and equitable
principles of trade, to foster cooperation and coordination with
persons engaged in facilitating transactions in securities, and 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.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78f.
    \15\ 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).
    \16\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    In addition, the Commission finds that the proposal to list and
trade Units on NYSE Arca is consistent with Section 11(a)(1)(C)(iii) of
the Act,\17\ which sets forth Congress's finding that it is in the
public interest and appropriate for the protection of investors to
assure the availability to brokers, dealers, and investors of
information with respect to quotations for and transactions in
securities. Quotation and last-sale information for the Units will be
available via the Consolidated Tape Association. The Trust's Web site
will provide an intraday indicative value (``IIV'') per unit for the
Units, as calculated by a third-party financial data provider during
NYSE Arca's Core Trading Session (9:30 a.m. to 4:00 p.m. E.T.).\18\ In
addition, the Trust's Web site will contain the following information,
on a per-Unit basis, for the Trust: (a) the midpoint of the bid-ask
price at the close of trading in relation to the NAV as of the time the
NAV is calculated (``Bid/Ask Price''), and a calculation of the premium
or discount of such price against such NAV; and (b) data in chart
format displaying the frequency distribution of discounts and premiums
of the Bid/Ask Price against the NAV, within appropriate ranges, for
each of the four previous calendar quarters. The Trust's Web site will
also provide the Trust's prospectus, the two most recent reports to
Unitholders, the last sale price of the Units as traded in the U.S.
market, and a breakdown, calculated on a daily basis, of the holdings
of the Trust by metal type. In addition, NYSE Arca will make available
over the Consolidated Tape quotation information, trading volume,
closing prices, and NAV per Unit from the previous day.
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78k-1(a)(1)(C)(iii).
    \18\ The IIV will be calculated by: (1) Multiplying the total
number of ounces of physical platinum bullion held by the Trust as
of the close of business on the previous day with the mid-price of
spot platinum per ounce (``Platinum IIV''); (2) multiplying the
total number of ounces of physical palladium bullion held by the
Trust as of the close of business on the previous day with the mid-
price of spot palladium per ounce (``Palladium IIV''); (3) adding
the Platinum IIV to the Palladium IIV and the fair market value of
the assets of the Trust that are not physical platinum or palladium
bullion as of the close of business on the previous day (such sum,
``IIV Assets''); (4) subtracting the fair market value of the
Trust's total liabilities (excluding all liabilities represented by
the outstanding Units, if any) as of the close of business on the
previous day from the IIV Assets; and (5) dividing the result by the
number of Units outstanding as of the close of business on the
previous day.
---------------------------------------------------------------------------

    The Commission believes that the proposal to list and trade the
Units is reasonably designed to promote fair disclosure of information
that may be necessary to price the Units appropriately and to prevent
trading when a reasonable degree of transparency cannot be assured. As
discussed above, the Trust will publish on its Web site: a breakdown of
the holdings of the Trust by metal type; the NAV of the Trust; the IIV
per Unit; the Trust's prospectus; and the last sale price of the Units
as traded in the U.S. market. The Commission notes that the Exchange
will obtain a representation from the Trust prior to the commencement
of trading of the Units that the NAV per Unit will be calculated daily
and made available to all market participants at the same time.
    Under NYSE Arca Equities Rule 7.34(a)(5), if the Exchange becomes
aware that the NAV is not being disseminated to all market participants
at the same time, it must halt trading on the NYSE Marketplace until
such time as the NAV is available to all market participants.
Additionally, if the IIV is not being disseminated as required, the
Exchange may halt trading during the day in which the disruption
occurs. If the interruption persists past the day in which it occurred,
the Exchange will halt trading no later than the beginning of the
trading day following the interruption. Further, the Exchange will
consider suspension of trading pursuant to NYSE Arca Rule 8.201(e)(2)
if, after the initial 12-month period following commencement of
trading: (1) the value of platinum or palladium is no longer calculated
or available on at least a 15-second delayed basis from a source
unaffiliated with the Sponsor, Trust, or Platinum and Palladium
Custodian, or the Exchange stops providing a hyperlink on its Web site
to any such unaffiliated commodity value; or (2) if the IIV is no
longer made available on at least a 15-second delayed basis.\19\ NYSE
Arca will halt trading in the Units on the Exchange in the event the
Trust directs the Trust's Valuation Agent to suspend the calculation of
the value of the net assets of the Trust and the NAV.\20\ NYSE Arca
Equities Rule 8.201(e)(2) also provides that NYSE Arca may seek to
delist the Units in the event the value of the underlying commodity or
the IIV is no longer calculated or available as required.
---------------------------------------------------------------------------

    \19\ More generally, NYSE Arca may halt trading on the Exchange
in the Units because of market conditions or for reasons that, in
the Exchange's view, make trading in the Units inadvisable,
including: (1) the extent to which conditions in the underlying
platinum or palladium market have caused disruptions and/or lack of
trading; (2) whether other unusual conditions or circumstances
detrimental to the maintenance of a fair and orderly market are
present; or (3) if trading in the Units is halted on TSX. See
Notice, supra note 3, 77 FR at 65738. Additionally, trading in the
Units will be subject to trading halts caused by extraordinary
market volatility pursuant to NYSE Arca's ``circuit breaker'' rule.
See NYSE Arca Equities Rule 7.12.
    \20\ See Notice, supra note 3, 77 FR at 65739.
---------------------------------------------------------------------------

    In support of this proposal, NYSE Arca has made representations,
including:
    (1) The Units will be subject to the initial and continued listing
criteria under NYSE Arca Equities Rule 8.201.
    (2) NYSE Arca's surveillance procedures are adequate to properly
monitor Exchange trading of the Units in all trading sessions and to
deter and detect violations of NYSE Arca rules and applicable federal
securities laws.\21\
---------------------------------------------------------------------------

    \21\ To support this, NYSE Arca states that, pursuant to NYSE
Arca Equities Rule 8.201(g), it is able to obtain information
regarding trading in the Units; physical platinum and palladium;
platinum or palladium futures contracts; options on platinum or
palladium futures; or any other platinum or palladium derivative
from ETP Holders acting as registered Market Makers, in connection
with their proprietary or customer trades. More generally, NYSE Arca
states that it has regulatory jurisdiction over its ETP Holders and
their associated persons, which includes any person or entity
controlling an ETP Holder. With respect to a subsidiary or affiliate
of an ETP Holder that does business only in commodities or futures
contracts, the Exchange states that it could obtain information
regarding the activities of such subsidiary or affiliate through
surveillance sharing agreements with regulatory organizations of
which such subsidiary or affiliate is a member. Further, NYSE Arca
states that it may obtain trading information via the Intermarket
Surveillance Group (``ISG'') from other exchanges that are members
of the ISG, including the Commodity Exchange, Inc. (``COMEX''). The
Exchange also states that The Investment Industry Regulatory
Organization of Canada and the New York Mercantile Exchange, of
which COMEX is a division, are ISG members. The Investment Industry
Regulatory Organization of Canada oversees Canadian broker-dealers
and trading activity on the TSX. See Securities Exchange Act Release
No. 63043 (October 5, 2010), 75 FR 62615, 62619 n.26 (October 12,
2010).

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

    (3) Prior to the commencement of trading, the Exchange will inform
its ETP Holders in an Information Bulletin of the special
characteristics and risks associated with trading the Units.
Specifically, the Information Bulletin will discuss the following: (a)
The procedures for purchases and redemptions of Units; (b) NYSE Arca
Equities Rule 9.2(a), which imposes a duty of due diligence on its ETP
Holders to learn the essential facts relating to every customer prior
to trading the Units; (c) the requirement that ETP Holders deliver a
prospectus to investors purchasing newly issued Units prior to or
concurrently with the confirmation of a transaction; (d) the
possibility that trading spreads and the resulting premium or discount
on the Units may widen as a result of reduced liquidity of platinum and
palladium trading during the Core and Late Trading Sessions after the
close of the major world platinum and palladium markets; and (e)
---------------------------------------------------------------------------
trading information.

This approval order is based on the Exchange's representations.

    For the foregoing reasons, the Commission finds that the proposed
rule change, as modified by Amendment No. 1, is consistent with Section
6(b)(5) of the Act \22\ and the rules and regulations thereunder
applicable to a national securities exchange.
---------------------------------------------------------------------------

    \22\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\23\ that the proposed rule change (SR-NYSEArca-2012-111), as
modified by Amendment No. 1, is approved.
---------------------------------------------------------------------------

    \23\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\24\
---------------------------------------------------------------------------

    \24\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-30503 Filed 12-18-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 199 (Monday, October 15, 2012)]
[Notices]
[Pages 62500-62501]
[FR Doc No: 2012-25203]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14446-000]

Peabody Trout Creek Reservoir LLC; Notice of Intent To File
License Application, Filing of Pre-Application Document (Pad),
Commencement of Pre-Filing Process, and Scoping; Request for Comments
on the Pad and Scoping Document, and Identification of Issues and
Associated Study Requests

    a. Type of Filing: Notice of Intent To File License Application for
a New License and Commencing Pre-Filing Process.
    b. Project No.: 14446-000.
    c. Dated Filed: August 9, 2012.
    d. Submitted By: Peabody Trout Creek Reservoir LLC.
    e. Name of Project: Trout Creek Reservoir Hydroelectric Project.
    f. Location: On Trout Creek, 15 miles southwest of Steamboat
Springs, Colorado. The project occupies 4.3 acres of lands administered
by the Bureau of Land Management.
    g. Filed Pursuant to: 18 CFR part 5 of the Commission's
Regulations.
    h. Potential Applicant Contact: David Merritt, URS Corporation, 713
Cooper Avenue, 100, Glenwood Springs, Colorado 81601.
    i. FERC Contact: Shana Murray at<PHONE_NUMBER> or email at
<EMAIL_ADDRESS>    j. Cooperating Agencies: Federal, state, local, and tribal agencies
with jurisdiction and/or special expertise with respect to
environmental issues that wish to cooperate in the preparation of the
environmental document should follow the instructions for filing such
requests described in item o below. Cooperating agencies should note
the Commission's policy that agencies that cooperate in the preparation
of the environmental document cannot also intervene. See 94 FERC ]
61,076 (2001).
    k. With this notice, we are initiating informal consultation with:
(a) The U.S. Fish and Wildlife Service and/or NOAA Fisheries under
section 7 of the Endangered Species Act and the joint agency
regulations thereunder at 50 CFR, Part 402 and (b) the State Historic
Preservation Officer, as required by section 106, National Historical
Preservation Act, and the implementing regulations of the Advisory
Council on Historic Preservation at 36 CFR 800.2.
    l. With this notice, we are designating Peabody Trout Creek
Reservoir LLC as the Commission's non-federal representative for
carrying out informal consultation, pursuant to section 7 of the
Endangered Species Act and section 106 of the National Historic
Preservation Act.
    m. Peabody Trout Creek Reservoir LLC filed with the Commission a
Pre-Application Document (PAD; including a proposed process plan and
schedule), pursuant to 18 CFR 5.6 of the Commission's regulations.
    n. A copy of the PAD is available for review at the Commission in
the Public Reference Room or may be viewed on the Commission's Web site
(http://www.ferc.gov), using the ``eLibrary'' link. Enter the docket
number, excluding the last three digits in the docket number field to
access the document. For assistance, contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at 1-866-208-3676, or for TTY,
(202) 502-8659. A copy is also available for inspection and
reproduction at the address in paragraph h.
    Register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filing and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    o. With this notice, we are soliciting comments on the PAD and
Commission's staff Scoping Document 1 (SD1), as well as study requests.
All comments on the PAD and SD1, and study requests should be sent to
the address above in paragraph h. In addition, all comments on the PAD
and SD1, study requests, requests for cooperating agency status, and
all communications to and from Commission staff related to the merits
of

the potential application must be filed with the Commission. Documents
may be filed electronically via the Internet. See 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit
brief comments up to 6,000 characters, without prior registration,
using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information at the
end of your comments. For assistance, please contact FERC Online
Support. Although the Commission strongly encourages electronic filing,
documents may also be paper-filed. To paper-file, mail an original and
seven copies to: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 888 First Street NE., Washington, DC 20426.
    All filings with the Commission must include on the first page,
Trout Creek Reservoir Hydroelectric Project and project number (P-
14446), and bear the appropriate heading: ``Comments on Pre-Application
Document,'' ``Study Requests,'' ``Comments on Scoping Document 1,''
``Request for Cooperating Agency Status,'' or ``Communications to and
from Commission Staff.'' Any individual or entity interested in
submitting study requests, commenting on the PAD or SD1, and any agency
requesting cooperating status must do so by December 4, 2012.
    p. Although our current intent is to prepare an environmental
assessment (EA), there is the possibility that an Environmental Impact
Statement (EIS) will be required. Nevertheless, this meeting will
satisfy the NEPA scoping requirements, irrespective of whether an EA or
EIS is issued by the Commission.

Scoping Meetings

    Commission staff will hold two scoping meetings in the vicinity of
the project at the time and place noted below. The daytime meeting will
focus on resource agency, Indian tribes, and non-governmental
organization concerns, while the evening meeting is primarily for
receiving input from the public. We invite all interested individuals,
organizations, and agencies to attend one or both of the meetings, and
to assist staff in identifying particular study needs, as well as the
scope of environmental issues to be addressed in the environmental
document. The times and locations of these meetings are as follows:

Evening Scoping Meeting

    Date and Time: Wednesday, October 24, 2012, 7:00 p.m.
    Location: Steamboat Springs Community Center, 1605 Lincoln Avenue,
Steamboat Springs, CO 80487.
    Phone Number:<PHONE_NUMBER>.

Daytime Scoping Meeting

    Date and Time: Thursday, October 25, 2012, 10:00 a.m.
    Location: Steamboat Springs Community Center, 1605 Lincoln Avenue,
Steamboat Springs, CO 80487.
    Phone Number:<PHONE_NUMBER>.
    Scoping Document 1 (SD1), which outlines the subject areas to be
addressed in the environmental document, was mailed to the individuals
and entities on the Commission's mailing list. Copies of SD1 will be
available at the scoping meetings, or may be viewed on the Web at
http://www.ferc.gov, using the ``eLibrary'' link. Follow the directions
for accessing information in paragraph n. Based on all oral and written
comments, a Scoping Document 2 (SD2) may be issued. SD2 may include a
revised process plan and schedule, as well as a list of issues,
identified through the scoping process.

Environmental Site Review

    The potential applicant and Commission staff will conduct an
Environmental Site Review of the project on Wednesday, October 24,
2012, starting at 11:00 a.m. All participants should meet at the
Steamboat Springs Community Center, located at 1605 Lincoln Avenue,
Steamboat Springs, Colorado 80487. All participants are responsible for
their own transportation. Anyone with questions about the site visit
should contact Mr. Dave Merritt of URS Corporation at<PHONE_NUMBER>7
on or before October 19, 2012.

Meeting Objectives

    At the scoping meetings, staff will: (1) Initiate scoping of the
issues; (2) review and discuss existing conditions and resource
management objectives; (3) review and discuss existing information and
identify preliminary information and study needs; (4) review and
discuss the process plan and schedule for pre-filing activity that
incorporates the time frames provided for in Part 5 of the Commission's
regulations and, to the extent possible, maximizes coordination of
federal, state, and tribal permitting and certification processes; and
(5) discuss the appropriateness of any federal or state agency or
Indian tribe acting as a cooperating agency for development of an
environmental document.
    Meeting participants should come prepared to discuss their issues
and/or concerns. Please review the PAD in preparation for the scoping
meetings. Directions on how to obtain a copy of the PAD and SD1 are
included in item n. of this document.

Meeting Procedures

    The meetings will be recorded by a stenographer and will be placed
in the public records of the project.

    Dated: October 5, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-25203 Filed 10-12-12; 8:45 am]
BILLING CODE 6717-01-P