[Federal Register: February 7, 2007 (Volume 72, Number 25)]
[Notices]
[Page 5686]
[DOCID:fr07fe07-54]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP07-113-001]

Enbridge Pipelines (Midla) L.L.C.; Notice of Compliance Filing

February 1, 2007.
    Take notice that on January 22, 2007, Enbridge Pipelines (Midla)
L.L.C. (Midla) tendered for filing an explanation as to why certain
non-conforming agreements were not included as part of its filing dated
December 19, 2006.
    Any person desiring to protest this filing must file in accordance
with Rule 211 of the Commission's Rules of Practice and Procedure (18
CFR 385.211). Protests to this filing will be considered by the
Commission in determining the appropriate action to be taken, but will
not serve to make protestants parties to the proceeding. Such protests
must be filed on or before the date as indicated below. Anyone filing a
protest must serve a copy of that document on all the parties to the
proceeding.
    The Commission encourages electronic submission of protests in lieu
of paper using the ``eFiling'' link at http://www.ferc.gov. Persons

unable to file electronically should submit an original and 14 copies
of the protest to the Federal Energy Regulatory Commission, 888 First
Street, NE., Washington, DC 20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on February 8, 2007.

Magalie R. Salas,
Secretary.
[FR Doc. E7-2018 Filed 2-6-07; 8:45 am]

BILLING CODE 6717-01-P


MEMORANDUM

DATE:	October 30, 2008

SUBJECT:	Summary of October 20, 2008 Meeting with the National Paint and
Coatings Association Environmental Management Committee

FROM:	Melissa Payne, EPA/OAQPS/RDPAG

TO:	Docket # EPA-HQ-OAR-2008-0053

I.  Purpose of Meeting

My purpose for this meeting was to update the National Paint and
Coatings Association (NPCA) on the status of the Area Source NESHAP for
the Paints and Allied Products Manufacturing sector.

II.  Participants

Derrick Boom		 	   		Sherwin-Williams

H. Chuck Cooper		 		Ashland Distribution Company

Prokopis Christou		 		Benjamin Moore

John Kinast 		 			Henry Company

Deborah Moilanen		 		BASF

Marcella Nichols		 		True Value

Emily Taylor		 			DuPont

Ahmad Toullabi		 		Dap

Wayne Thome		 		 	Zinsser Company

David Darling		 			NPCA Director, Environmental Affairs

John Hopewell		 			NPCA Asst. Director, Environmental

						Affairs

Alison Keane		 			NPCA Counsel, Government Affairs

Barry Elman	 		 		EPA, OPEI

Melissa Payne		 			EPA, OAQPS

III. Summary of Meeting

I gave a presentation to the NPCA Environmental Management Committee,
that provided an update on the Paints and Allied Products Manufacturing
Area source proposal and the potential timeline.  After the
presentation, which is also included in the docket, the following
questions were asked:

Q: If your facility does not use any of the listed HAP, does a facility
manager still have to report?  What if the facility has been using HAP
and then phases it out?  Must the facility continue to report?

A: The rule is set up so that a facility is not subject to the rule if
it doesn't use any of the listed HAP.  If a facility discontinues use of
the listed HAP, the manager can file a one-time report noting the change
and then stop reporting.  This language must still be approved by the
EPA Office of General Counsel.   And of course, if any of the listed HAP
are once again used, the facility is again subject to the regulation.

Q: If a facility processes both resins and coatings, which rule should
be followed?

A: Resins are included under the chemical preparations area source rule
and paints are covered under the paints and allied products
manufacturing rule, so such a facility would be covered by both rules.

Q: What is the definition of "cover or lid?

A: We are not currently looking to define a lid or cover.

Q: There are several types of process tanks used in the production of
coatings, including high-speed dispersion, finishing, storage and
filling. Pigments that contain the metal HAP of concern are only added
to high-speed dispersion tanks. We therefore suggest that any baghouse
requirements be focused only on the high-dispersion process tanks since
in the rest of the process tanks, the pigment and associated metal HAP
is in solution.

A: The proposed rule focuses on baghouse requirements for the grinding
and dispersion steps of the process.

Q: The Proposed Chemical Manufacturing Area source rule includes two
co-proposed baghouse control thresholds (100 lb/yr and 400 lb/yr of
collective metal HAP from process tanks). The cost effectiveness of the
100 lb/yr threshold is $70,000/ton of HAP metal compounds removed and
$40,000/ton of HAP metal compounds removed for the 400 lb/yr threshold.
EPA also estimated that baghouses in the proposed Chemical Manufacturing
Area source rule would remove approximately 40 tons of HAP metals per
year. EPA estimated that the entire Paints and Allied Products
Manufacturing industry had a total of only 2.6 tons of metal HAP
emissions. Clearly given the significantly lower "denominator" in the
cost effectiveness estimates - the cost per ton of HAP metals removed
will be much higher for our industry. NPCA therefore questions whether
baghouses are cost effective and if EPA does continue forward with a
baghouse requirement, based on cost, NPCA requests a baghouse control
threshold greater than the proposed 400 lb/yr Chemical Manufacturing
Area baghouse threshold.

A: The chemical manufacturing rule is subcategorizing to account for the
different types of emission points, and their emissions cutoff (100 or
400 lbs/year) is related to a corresponding manufacturing process.
Therefore, the chemical manufacturing proposed rule cannot be directly
compared to the paints and allied products proposed manufacturing area
source rule.

The proposed paints and allied products manufacturing rule does not
include subcategorization for several reasons.  Firstly, we do not have
adequate data on the amount of metal HAP the facilities are producing
each year because it differs on a daily, weekly, and yearly basis
depending on what kind of paint the facility is producing.  Therefore,
we are trying to keep GACT simple by not requiring this kind of
measurement.  Also, our data tell us that almost all facilities- if not
everyone- are already using some kind of particulate control device, so
we are not expecting this requirement to make a significant impact.  We
are requesting comment and corresponding data in the proposal about use
of particulate controls and material input to ensure that our
assumptions are correct.

Q:  Assuming that baghouses will be required and that many of the Paints
and Allied Products Manufacturing Facilities are small businesses –
NPCA recommends EPA grant these facilities three years in which to
comply with the rulemaking.

A: The EPA compliance date for bin 5 and 6 proposed rules is 2 years.

Q: To eliminate any applicability overlap issues with other area source
rules (mainly the Chemical Manufacturing area source rule) NPCA requests
that EPA make it clear in the Paints and Allied Products Manufacturing
Area source rule that all Paints and Allied Products manufacturing
equipment and related operations (whether regulated or not) are covered
by the Paints and Allied Products Manufacturing Area source rule.

A: The paints and allied products manufacturing, chemical manufacturing
and chemical preparation proposed rules are coordinated and defined so
that overlap should not be an issue.

Q:  NPCA recommends that EPA specify "hexavalent chrome" instead of
using the general term "chromium". We are concerned that the general
term "chromium" includes trivalent chrome, which is an important
material used in small quantities for achieving certain metallic,
protective and pearlescent finishes.  It has a relatively benign nature
as compared to hexavalent chrome and has replaced hexavalent chrome
where possible.  Thus, pollution prevention efforts to replace
hexavalent chrome could be slowed or curtailed if EPA does not limit the
rule to the HAP of concern, hexavalent chrome. As background it is
important to note that in the July 2000 Integrated Urban Strategy:
Report to Congress, EPA focused exclusively on hexavalent chromium as
the only chromium compound of concern.

A:  EPA's stance for area sources on chromium remains unchanged due to
the listing of “chromium compounds” and not specific types of
chromium, in Section 112(b)(1) of the Clean Air Act, which we are
obligated to uphold.  Thus, chromium will not be subcategorized by
molecular type.  Please refer to 73FR42991 for further explanation on
this issue.


[Federal Register Volume 80, Number 242 (Thursday, December 17, 2015)]
[Notices]
[Pages 78806-78808]
[FR Doc No: 2015-31686]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76627; File No. SR-NYSEArca-2015-118]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Amending the NYSE
Arca Options Fee Schedule

December 11, 2015.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on December 1, 2015, NYSE Arca, Inc. (the ``Exchange'' or
``NYSE Arca'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the self-regulatory
organization. The 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\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend the NYSE Arca Options Fee Schedule
(``Fee Schedule''). The Exchange proposes to implement the fee changes
effective December 1, 2015. The proposed rule change is available on
the Exchange's Web site at www.nyse.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 those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

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

1. Purpose
    The purpose of this filing is to amend the Fee Schedule in a number
of different ways, effective December 1, 2015. Specifically, the
Exchange proposes (i) to increase certain Take Liquidity Fees charged;
(ii) to introduce an alternative qualification for Market Maker Monthly
Posting Credit Tiers and Qualifications For Executions in Penny Pilot
Issues and SPY; and (iii) to modify the Take Fee Discount
Qualification, as described below.
Transaction Fees for Taking Liquidity
    The Exchange proposes to modify the fees paid by Market Makers,
Lead Market Makers, Firms and Broker Dealers, and Professional
Customers (collectively, ``Non-Customers'') for Taking Liquidity in
non-Penny Pilot Issues (``Take Fees''). Currently, Non-Customers pay
Take Fees ranging from $0.92 to $0.94 per contract for electronic
executions, depending on account type. The Exchange proposes to charge
the same rate to all Non-Customers, and to raise that fee to $0.99 per
contract, which is within the range of fees charged by competing option
exchanges.\4\
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    \4\ For example, BOX assesses fees greater than $1.00 to non-
Customers for executions against Public Customer interest in non-
penny pilot options. See BOX Options fee schedule, available here,
http://boxexchange.com/assets/BOX_Fee_Schedule.pdf.
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    The Exchange also proposes to increase the Take Liquidity Fee for
Customers in Penny Pilot issues from $0.47 to $0.49, which is within
the range of fees charged by competing option exchanges.\5\
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    \5\ See, e.g., NASDAQ Options Market (``NOM'') price list,
available here, http://www.nasdaqtrader.com/Micro.aspx?id=optionsPricing (charging customers a $0.50 take
liquidity fee in Penny Pilot issues).
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Take Liquidity Discount for Certain Market Participants
    The Exchange proposes modifications to the Discount in Take
Liquidity Fees for Professional Customer, Market Maker, Firm and Broker
Dealer Liquidity Removing Orders (the ``Take Fee Discount'') for OTPs.
Currently, the Take Fee Discount is applied if the OTP achieves one of
two alternative qualifications, either: At least 1.00% of Total
Industry Customer equity and exchange traded fund (``ETF'') option
average daily volume (``ADV'') from Customer and Professional Customer
Posted Orders in all Issues; or at least 2.00% of Total Industry
Customer equity and ETF option ADV from Professional Customer, Market
Maker, Firm, and Broker Dealer Liquidity Removing Orders in all Issues.
The Take Fee Discount applied to orders meeting either qualification is
$0.04 in Penny Pilot issues only. The Exchange proposes to reduce the
Take Fee Discount in Penny Pilot issues to $0.02 and to institute a
$0.05 Take Fee Discount in non-Penny Pilot issues.
Market Maker Monthly Posting Credit and Qualifications for Executions
in Penny Pilot Issues and SPY (``Posting Tiers'')
    Finally, the Exchange proposes to add an alternative qualification
basis to achieve Super Tier II of the Posting Tiers.
    Currently, a Market Maker may qualify for Super Tier II if it
achieves at least 1.60% of Total Industry Customer equity and ETF
option ADV from Market Maker orders in all issues, with at least 0.90%
of Total Industry Customer equity and ETF option ADV from Market Maker
Posted Orders in Penny Pilot and Non-Penny Pilot Issues.\6\ The
Exchange proposes that a Market Maker may also qualify for Super Tier
II it is [sic] achieves at least 1.60% of Total Industry Customer
equity and ETF option ADV from Customer and Professional Customer
orders in all issues, with at least 1.20% of Total Industry Customer
equity and ETF option ADV from Customer and Professional Customer
Posted Orders in all issues. If a Market Maker achieves either
qualification basis, it would receive the $0.42 posting credit for
executions in penny issues or SPY.
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    \6\ The volume thresholds are based on Market Makers' volume
transacted electronically as a percentage of total industry Customer
equity and ETF options volumes as reported by the Options Clearing
Corporation (the ``OCC''). Total industry customer equity and ETF
option volume is comprised of those equity and ETF contracts that
clear in the Customer account type at OCC and does not include
contracts that clear in either the Firm or Market Maker account type
at OCC or contracts overlying a security other than an equity or ETF
security. See OCC Monthly Statistics Reports, available here, http://www.theocc.com/webapps/monthly-volume-reports.
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\7\ in general, and furthers the
objectives of Sections 6(b)(4) and (5) of the Act,\8\ in particular,
because it provides for the equitable allocation of reasonable dues,
fees, and other charges among its members, issuers and other persons
using its facilities and does not unfairly discriminate between
customers, issuers, brokers or dealers.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(4) and (5).
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    The Exchange believes the proposed Take Fees for Non-Customers are
reasonable, equitable and not unfairly discriminatory because they are
competitive with fees charged by other exchanges and are designed to
attract (and compete for) order flow to the Exchange, which provides a
greater opportunity for trading by all market participants.\9\ In
addition, the increased Take Fees are reasonable because the fees would
generate revenue that would help to support the credits offered for
posting liquidity, which are available to all market participants.
Moreover, the Exchange believes the proposed change would not unfairly
discriminate because it applies equally to all Non-Customers who are
removing liquidity. The increased Take Fees for Customers in Penny
Pilot issues are reasonable because the proposed fees would generate
revenue that would help to support the credits and other incentives
offered for posting liquidity, and they are not unfairly discriminatory
because the fees for Customers are still at a rate lower than that
charged to non-Customers. In addition, the Exchange believes the
proposed Take Fees for Customers are reasonable, equitable and not
unfairly discriminatory because they are competitive with fees charged
by other exchanges and are designed to attract (and compete for) order
flow to the Exchange, which provides a greater opportunity for trading
by all market participants.\10\
---------------------------------------------------------------------------

    \9\ See supra n. 4.
    \10\ See supra n. 5.
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    The Exchange believes the changes to the Take Fee Discount for Non-
Customers are reasonable, equitable and non-discriminatory because it
would apply to both Penny Pilot and non-Penny Pilot issues, which would
incent OTPs to execute large volumes of orders on the Exchange, which
benefits all market participants through increased liquidity and
enhanced price discovery. The Exchange believes the Take Fee Discount
is reasonable, equitable, and not unfairly discriminatory because it
continues to apply to all participants other than Customers, who pay a
much lower Take Liquidity Fee, and because it is available to all firms
that provide Customer and Professional Customer orders. The Exchange
also notes that the proposed Take Fee Discount is consistent with those
offered on competing options exchanges.\11\
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    \11\ See, e.g., BATS Options Exchange fee schedule (Non-Customer
Penny Pilot Take Volume Tiers), available here, http://www.batsoptions.com/support/fee_schedule/.

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    The Exchange believes that the proposed change to the Posting
Tiers, specifically adding an alternative basis to achieve Super Tier
II, is reasonable, equitable and not unfairly discriminatory because it
would impact all similarly situated OTPs that post electronic Customer
(and Professional Customer) executions on the Exchange equally, and
provides a reasonable alternative to qualify for Super Tier II posting
credit.
    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,\12\ the Exchange
does not believe that the proposed rule change will impose any burden
on competition that is not necessary or appropriate in furtherance of
the purposes of the Act. Instead, the Exchange believes that the
proposed incentive would continue to encourage competition, including
by attracting additional liquidity and a wider variety of business to
the Exchange, which would continue to make the Exchange a more
competitive venue for, among other things, order execution and price
discovery. The Exchange also believes the proposed fee modifications
would not impose an undue burden on competition because the changes
offset an increase in fees for some transactions with a variety of
means to achieve credits and discounts. The Exchange does not believe
that the proposed changes would impair the ability of any market
participants or competing order execution venues to maintain their
competitive standing in the financial markets.
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

    The increases in Take Liquidity fees would impact all affected
order types (i.e., Professional Customers, Firm, Broker Dealers) in
issues at the same rate. The proposed change to Super Tier II is
designed to attract additional volume, in particular posted electronic
Customer (and Professional Customer) executions, to the Exchange, which
would promote price discovery and transparency in the securities
markets thereby benefitting competition in the industry. As stated
above, the Exchange believes that the proposed change would impact all
similarly situated OTPs that post electronic Customer (and Professional
Customer) executions on the Exchange equally, and as such, the proposed
change would not impose a disparate burden on competition either among
or between classes of market participants.
    The Exchange notes that it operates in a highly competitive market
in which market participants can readily favor competing venues. In
such an environment, the Exchange must continually review, and consider
adjusting, its fees and credits to remain competitive with other
exchanges. For the reasons described above, the Exchange believes that
the proposed rule change reflects this competitive environment.

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \13\ of the Act and subparagraph (f)(2) of Rule
19b-4 \14\ thereunder, because it establishes a due, fee, or other
charge imposed by the Exchange.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    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 under
Section 19(b)(2)(B) \15\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

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

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_ADDRESS>Please include
File Number SR-NYSEArca-2015-118 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2015-118. 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 Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Section, 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 the filing will also be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSEArca-2015-118 and should
be submitted on or before January 7, 2016.

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

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

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-31686 Filed 12-16-15; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: June 30, 2008 (Volume 73, Number 126)]
[Notices]
[Page 36954-36956]
[DOCID:fr30jn08-144]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-99-6156, FMCSA-99-6480, FMCSA-00-7006, FMCSA-01-
10578, FMCSA-02-11714, FMCSA-02-13411, FMCSA-03-16241, FMCSA-03-16564,
FMCSA-04-17195, FMCSA-05-21711, FMCSA-05-22194, FMCSA-05-23099, FMCSA-
05-23238, FMCSA-06-23773, FMCSA-06-24015, FMCSA-06-24783]

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
58 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 July 20, 2008. Comments must be
received on or before July 30, 2008.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-99-6156, FMCSA-99-6480, FMCSA-
00-7006, FMCSA-01-10578, FMCSA-02-11714, FMCSA-02-13411, FMCSA-03-
16241, FMCSA-03-16564, FMCSA-04-17195, FMCSA-05-21711, FMCSA-05-22194,
FMCSA-05-23099, FMCSA-05-23238, FMCSA-06-23773, FMCSA-06-24015, FMCSA-
06-24783, 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 19476). This information is
also available at http://DocketsInfo.dot.gov.

FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director, Medical
Programs,<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 58 individuals who have requested a renewal
of their exemption in accordance with FMCSA procedures. FMCSA has
evaluated these 58 applications for renewal on their merits and decided
to extend each exemption for a renewable two-year period. They are:

Jawad K. Al-Shaibani
Harold J. Bartley, Jr.
Kenneth J. Bernard
Allen G. Bors
Brad T. Braegger
Michael C. Branham
John E. Breslin
Trixie L. Brown
Raymond L. Brush
Marcus S. Burkholder
Scott F. Chalfant
Leroy A. Chambers
Harvis P. Cosby
Rodney D. Curtis
Norman J. Day
Michael D. DeBerry
Francisco Espinal
William L. Foote
Spencer N. Haugen
Victor B. Hawks
Edward J. Hess, Jr.
William G. Hix
Ralph Holmes
Bruce A. Homan
Timothy B. Hummel
Fredrick C. Ingles
Larry L. Jarvis
Michael S. Johannsen
Charles Johnston
Harry L. Jones
Mearl C. Kennedy
Patrick E. Martin
Bennet G. Maruska
Leland K. McAlhaney
Bobby G. Minton
William C. Mohr, Sr.
Charles J. Morman
Charles R. Murphy
Larry A. Nienhuis
Corey L. Paraf
Kenneth R. Piechnik
John J. Pribanic
Ronald M. Price
John P. Raftis
Bruce G. Robinson
Scott D. Russell
Alton M. Rutherford
Richard A. Schneider
Charles L. Schnell
Andrew W. Schollett
Joseph B. Shaw, Jr.
Wolfgang V. Spekis
Sandra J. Sperling
Ryan K. Steelman
Robert L. Swartz, Jr.
Charles V. Tracey
Duane L. Tysseling
Leonard R. Wilson

    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 58 applicants has satisfied the
entry conditions for obtaining an exemption from the vision
requirements (64 FR 54948; 65 FR 159; 67 FR 10475; 69 FR 8260; 71 FR
19604; 71 FR 6824; 64 FR 68195; 65 FR 20251; 67 FR 38311; 69 FR 26921;
71 FR 27033; 66 FR 53826; 66 FR 66966; 68 FR 69434; 70 FR 74102; 65 FR
20245; 67 FR 15662; 67 FR 37907; 69 FR 26206; 71 FR 26601; 67 FR 76439;
68 FR 10298; 71 FR 16410; 68 FR 61857; 68 FR 75715; 71 FR 646; 68 FR
74699; 69 FR 10503; 71 FR 6829; 69 FR 17263; 69 FR 31447; 70 FR 48797;
70 FR 61493; 70 FR 57353; 70 FR 72689; 71 FR 4194; 71 FR 13450; 71 FR
5105; 71 FR 19600; 71 FR 6826; 71 FR 19602; 71 FR 14566; 71 FR 30227;
71 FR 32183; 71 FR 41310). Each of these 58 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 July 30, 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 58 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: June 19, 2008.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E8-14763 Filed 6-27-08; 8:45 am]

BILLING CODE 4910-EX-P


[Federal Register: August 13, 2008 (Volume 73, Number 157)]
[Notices]
[Page 47166-47167]
[DOCID:fr13au08-71]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2008-0565; FRL-8376-3]

Pesticide Products; Registration Applications

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces receipt of an application to register a
pesticide product containing a new active ingredient not included in
any currently registered products pursuant to the provisions of section
3(c)(4) of the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA), as amended.

DATES: Comments must be received on or before October 14, 2008.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2008-0565, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket's normal hours of operation (8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays). Special
arrangements should be made for deliveries of boxed information. The
Docket Facility telephone number is<PHONE_NUMBER>.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2008-0565. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The 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 e-
mail comment directly to EPA without going through regulations.gov,
your e-mail address will be automatically captured and included as part
of the comment that is placed in the 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.
    Docket: All documents in the docket are listed in the docket index
available in regulations.gov. To access the electronic docket, go to
http://www.regulations.gov, select ``Advanced Search,'' then ``Docket
Search.'' Insert the docket ID number where indicated and select the
``Submit'' button. Follow the instructions on the regulations.gov
website to view the docket index or access available documents.
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 material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either in the electronic docket at http://
www.regulations.gov, or, if only available in hard copy, at the OPP
Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South Bldg.),
2777 S. Crystal Dr., Arlington, VA. The hours of operation of this
Docket Facility are from 8:30 a.m. to 4 p.m., Monday through Friday,
excluding legal holidays. The Docket telephone number is (703) 305-
5805.

FOR FURTHER INFORMATION CONTACT: Jeannine Kausch, Biopesticides and
Pollution Prevention Division (7511P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; e-mail
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed under FOR FURTHER INFORMATION
CONTACT.

B. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.

    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.

II. Registration Applications

    EPA received an application as follows to register the pesticide
product containing an active ingredient not included in any previously
registered products pursuant to the provision of section 3(c)(4) of
FIFRA. Notice of receipt of this application does not imply a decision
by the Agency on the application.

Product Containing a New Active Ingredient not Included in any
Previously registered Product

    File Symbol: 85004-R. Applicant: Pasteuria Bioscience,
Incorporated, 12085 Research Dr., Suite 185, Alachua, FL 32615,
submitted by MacIntosh & Associates, Incorporated, 1203 Hartford
Avenue, Saint Paul, MN 55116-1622. Product name: Pasteuria usgae spores
- Liquid Suspension. Nematicide. Active ingredient: Pasteuria usgae at
0.01%. Proposal classification/Use: Manufacturing-use product.

List of Subjects

    Environmental protection, Pesticides and pest.

    Dated: July 31, 2008.
Janet L. Andersen,
Director, Biopesticides and Pollution Prevention Division, Office of
Pesticide Programs.
[FR Doc. E8-18190 Filed 8-12-08; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 86, Number 29 (Tuesday, February 16, 2021)]
[Notices]
[Pages 9506-9508]
[FR Doc No: 2021-03014]

=======================================================================
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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2021-N-0089]

Vaccines and Related Biological Products Advisory Committee;
Notice of Meeting; Establishment of a Public Docket; Request for
Comments

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice; establishment of a public docket; request for comments.

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SUMMARY: The Food and Drug Administration (FDA) announces a forthcoming
public advisory committee meeting of the Vaccines and Related
Biological Products Advisory Committee. The general function of the
committee is to provide advice and recommendations to FDA on regulatory
issues. The meeting will be open to the public. FDA is establishing a
docket for public comment on this document.

DATES: The meeting will be held on March 5, 2021, from 9 a.m. Eastern
Time to 3:30 p.m. Eastern Time.

ADDRESSES: Please note that due to the impact of this COVID-19
pandemic, all meeting participants will be joining this advisory
committee meeting via an online teleconferencing platform. The online
web conference meeting will be available at the following link on the
day of the meeting: https://youtu.be/dG_NjxSYBkA.
    FDA is establishing a docket for public comment on this meeting.
The docket number is FDA-2021-N-0089. The docket will close on March 4,
2021. Submit either electronic or written comments on this public
meeting by March 4, 2021. Please note that late, untimely filed
comments will not be considered. Electronic comments must be submitted
on or before February 24, 2021, to be provided to the committee. The
https://www.regulations.gov electronic filing system will accept
comments until 11:59 p.m. Eastern Time at the end of March 4, 2021.
Comments received by mail/hand delivery/courier (for written/paper
submissions) will be considered timely if they are postmarked or the
delivery service acceptance receipt is on or before that date.
    Comments received on or before February 24, 2021, will be provided
to the committee. Comments received after that date will be taken into
consideration by FDA. In the event that the meeting is cancelled, FDA
will continue to evaluate any relevant applications or information, and
consider any comments submitted to the docket, as appropriate.
    You may submit comments as follows:

Electronic Submissions

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

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2021-N-0089 for ``Vaccines and Related Biological Products; Notice
of Meeting; Establishment of a Public Docket; Request for Comments.''
Received comments, those filed in a timely manner (see ADDRESSES), will
be placed in the docket and, except for those submitted as
``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m.
and 4 p.m., Monday through Friday,<PHONE_NUMBER>.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' FDA will review
this copy, including the claimed confidential information, in its
consideration of comments. The second copy, which will have the claimed
confidential information redacted/blacked out, will be available for
public viewing and posted on https://www.regulations.gov. Submit both
copies to the Dockets Management Staff. If you do not wish your name
and contact information be made publicly available, you can provide
this information on the cover sheet and not in the body of your
comments and you must identify the information as ``confidential.'' Any
information marked as ``confidential'' will not be disclosed except in
accordance with 21 CFR 10.20 and other applicable disclosure law. For
more information about FDA's posting of comments to public dockets, see
80 FR 56469, September 18, 2015, or access the information at: https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852,<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Kathleen Hayes or Monique Hill, Center
for Biologics Evaluation and Research, Food and Drug Administration,
10903 New Hampshire Ave., Bldg. 71, Rm. 6306, Silver Spring, MD 20993-
0002,<PHONE_NUMBER> or<PHONE_NUMBER>, respectively;
<EMAIL_ADDRESS>or FDA Advisory Committee Information Line, 1-
800-741-8138<PHONE_NUMBER> in the Washington, DC area). A notice in the
Federal Register about last minute modifications that impact a
previously announced advisory committee meeting cannot always be
published quickly enough to provide timely notice. Therefore, you
should always check the FDA's website at https://www.fda.gov/advisory-committees and scroll down to the appropriate advisory committee
meeting link, or call the advisory committee information line to learn
about possible modifications before coming to the meeting.

SUPPLEMENTARY INFORMATION:
    Agenda: The meeting presentations will be heard, viewed, captioned,
and recorded through an online teleconferencing platform. The Committee
will meet in open session to discuss and make recommendations on the
selection of strains to be included in the influenza virus vaccines for
the 2021 to 2022 influenza season.
    FDA intends to make background material available to the public no
later

than 2 business days before the meeting. If FDA is unable to post the
background material on its website prior to the meeting, the background
material will be made publicly available at the location of the
advisory committee meeting, and the background material will be posted
on FDA's website after the meeting. Background material is available at
https://www.fda.gov/advisory-committees/advisory-committee-calendar.
Scroll down to the appropriate advisory committee meeting link. The
meeting will include slide presentations with audio components to allow
the presentation of materials in a manner that most closely resembles
an in-person advisory committee meeting.
    Procedure: Interested persons may present data, information, or
views, orally or in writing, on issues pending before the committee.
Written submissions made to the Docket (see ADDRESSES) on or before
February 24, 2021, will be provided to the committee. Comments received
after February 24, 2021, and by March 4, 2021, will be taken into
consideration by FDA. Oral presentations from the public will be
scheduled between approximately 1:30 p.m. Eastern Time and 2:30 p.m.
Eastern Time. Those individuals interested in making formal oral
presentations should notify the contact person and submit a brief
statement of the general nature of the evidence or arguments they wish
to present, the names and addresses of proposed participants, and an
indication of the approximate time requested to make their presentation
on or before February 18, 2021. Time allotted for each presentation may
be limited. If the number of registrants requesting to speak is greater
than can be reasonably accommodated during the scheduled open public
hearing session, FDA may conduct a lottery to determine the speakers
for the scheduled open public hearing session. The contact person will
notify interested persons regarding their request to speak by February
19, 2021.
    For press inquiries, please contact the Office of Media Affairs at
<EMAIL_ADDRESS>or<PHONE_NUMBER>.
    FDA welcomes the attendance of the public at its advisory committee
meetings and will make every effort to accommodate persons with
disabilities. If you require accommodations due to a disability, please
contact Kathleen Hayes<EMAIL_ADDRESS>at least 7 days in
advance of the meeting.
    FDA is committed to the orderly conduct of its advisory committee
meetings. Please visit our website at https://www.fda.gov/advisory-committees/about-advisory-committees/public-conduct-during-fda-advisory-committee-meetings for procedures on public conduct during
advisory committee meetings.
    Notice of this meeting is given under the Federal Advisory
Committee Act (5 U.S.C. app. 2).

    Dated: February 8, 2021.
Lauren K. Roth,
Acting Principal Associate Commissioner for Policy.
[FR Doc. 2021-03014 Filed 2-12-21; 8:45 am]
BILLING CODE 4164-01-P