[Federal Register: October 2, 2008 (Volume 73, Number 192)]
[Notices]
[Page 57390-57391]
[DOCID:fr02oc08-120]

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SECURITIES AND EXCHANGE COMMISSION

Release No. 34-58650; File No. SR-Amex-2008-65]

 Self-Regulatory Organizations; American Stock Exchange LLC;
Order Approving Proposed Rule Change To Allow Issuers of Exchange-
Traded Funds (``ETFs'') and Structured Products Who Are Voluntarily
Delisting the Securities From the Exchange and Re-Listing on Another
National Securities Exchange To Submit to the Exchange a Letter From an
Authorized Officer of the Issuer Rather Than a Certified Copy of Board
of Directors Resolutions

September 25, 2008.

I. Introduction

    On August 7, 2008, American Stock Exchange LLC (``Amex'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to amend Amex Rule 18 to allow issuers of
exchange-traded funds (``ETFs'') and structured products who are
voluntarily delisting the securities from the Exchange and re-listing
on another national securities exchange to submit a letter to the
Exchange from an authorized executive officer of the issuer, rather
than a certified copy of board resolutions. The proposed rule change
was published for comment in the Federal Register on August 21,
2008.\3\ The Commission received no comments regarding the proposal.
This order approves the proposed rule change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 58364 (August 14,
2008), 73 FR 49508.
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II. Description of the Proposal

    The Exchange seeks to amend Amex Rule 18, which governs the
procedure by which an issuer may voluntarily withdraw securities from
listing. Currently, Amex Rule 18 requires an issuer to provide the
Exchange with a certified copy of the resolution of its board of
directors approving the delisting. Under the proposed rule change, an
issuer of certain securities \4\ that proposes to delist and re-list
its securities on another national securities exchange may, in lieu of
providing the Exchange with a certified copy of the board resolution,
provide the Exchange with a letter signed by an authorized executive
officer of the issuer. That letter must set forth the reasons for the
delisting, and provide the basis of the officer's authority to take
such action. In addition, the proposed rule change would be effective
as of the date of closing of the acquisition of the Exchange by NYSE
Euronext, the ultimate parent company of the Exchange (``NYSE
Acquisition'').\5\ In the event the closing date does not occur on or
before December 31, 2008, the proposed rule change would not take
effect and the Exchange would rescind the rule by a separate rule
filing. In its filing, the Exchange stated that, as part of the NYSE
Acquisition, NYSE Euronext intends to cease the trading and listing of
ETF securities and structured products on the Exchange. Upon completion
of the merger, and to effectuate its business plan, NYSE Euronext will
request these issuers to voluntarily delist,\6\ and will encourage them
to re-list on NYSE Arca, Inc. (``NYSE Arca'') and/or New York Stock
Exchange LLC (``NYSE'').\7\
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    \4\ This proposal applies to securities listed pursuant to
listed pursuant to Amex Company Guide Sections 104 (Bonds and
Debentures), 106 (Currency and Index Warrants) or 107 (Other
Securities) and Exchange Rules 1000-AEMI and 1001 et seq. (Portfolio
Depositary Receipts), 1000A-AEMI and 1001A et seq. (Index Fund
Shares), 1000B et seq. (Managed Fund Shares), 1200-AEMI and 1201 et
seq. (Trading of Trust Issued Receipts), 1200A-AEMI and 1201A et
seq. (Commodity-Based Trust Shares), 1400 et seq. (Trading of Paired
Trust Shares), 1500-AEMI and 1501 et seq. (Trading of Partnership
Units), or 1600 et seq. (Trading of Trust Units).
    \5\ Pursuant to a merger agreement dated January 17, 2008 among
the Exchange, the Amex Membership Corporation, NYSE Euronext and
certain other entities, a successor to the Exchange will become an
indirect, wholly-owned subsidiary of NYSE Euronext. After the
closing of the merger, the Exchange will be renamed NYSE Alternext
U.S. LLC.
    \6\ See note 4, supra.
    \7\ See note 14, infra.
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    The Exchange also proposes to make minor clarifying changes to
Section 1010 of the Amex Company Guide, and to delete from that section
the restatement of Exchange Rule 18 and Rule 12d2-2 under the Act.

III. Discussion and Commission Findings

    The Commission has reviewed the proposed rule change and finds that
the proposed rule change is consistent with the requirements of the Act
and the rules and regulations thereunder applicable to a national
securities exchange, and in particular, with the requirements of
Section 6(b) of the Act.\8\ Specifically, the Commission finds that the
proposed rule change is consistent with Section 6(b)(5) of the Act,\9\
in that it is designed to promote just and equitable principles of
trade, to foster cooperation and coordination with persons engaged in
regulating, clearing, settling, processing information with respect to,
and facilitating transactions in securities, to remove impediments to
and perfect the mechanism of a free and open market and a national
market system and, in general, to protect investors and the public
interest.
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    \8\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. 15 U.S.C. 78c(f).
    \9\ 15 U.S.C. 78f(b)(5).
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    The Commission notes that permitting issuers of ETFs and structured
products who are voluntarily delisting to submit a letter to the
Exchange from an authorized executive officer instead of a certified
copy of the resolution adopted by the issuer's board of directors is
consistent with the requirements of the Act and Rule 12d2-2 thereunder,
and is similar to the voluntary withdrawal procedures for dually-listed
issuers on NYSE Arca,\10\ and index-linked securities on NYSE.\11\ The
proposal does not alter an issuer's obligation to meet the requirements
of the issuer's governing documents, the laws of its jurisdiction of
incorporation, or complying with Rule 12d2-2 under the Act.
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    \10\ See NYSE Arca Equities Rule 5.4(b); see also Securities
Exchange Act Release No. 54672 (October 30, 2006), 71 FR 65021
(November 6, 2006) (SR-NYSEAcra-2006-47).
    \11\ See Section 806.02 of the NYSE Listed Company Manual; see
also Securities Exchange Act Release No. 57041 (December 26, 2007),
73 FR 216 (January 2, 2008) (SR-NYSE-2007-99).
---------------------------------------------------------------------------

    In addition to requiring the letter from the authorized executive
officer to provide the reasons for the withdrawal, the new rule will
require the letter to set forth the basis for the officer's authority
to take such delisting action on behalf of the issuer. This latter
requirement should help to ensure that the issuer complies with the
applicable laws in effect in its jurisdiction of incorporation, and has
the authority to act on behalf of the issuer.\12\ At the same time, the
proposal may ease the burden on issuers who wish to voluntarily delist
and transfer the listing to another national securities exchange.\13\
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    \12\ The Commission notes that Rule 12d2-2 specifically
requires, among other things, that issuers comply with all
applicable laws in effect in the state in which they are
incorporated to delist from a national securities exchange. See 17
CFR 240.12d2-2(c)(2)(i).
    \13\ While NYSE Euronext is requesting that these issuers re-
list on NYSE Arca or the bond platform of NYSE, the Commission notes
that these issuers are free to choose the best market for their
securities for which they qualify and the proposed rule does not
limit the issuer's choice of markets.
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    The Commission also notes that the proposed delisting procedures
apply only to securities that would be listed

and traded on another national securities exchange. As such,
transparent last sale information will continue to be disseminated on
the securities on an uninterrupted basis. Further, this requirement
will ensure other protections for trading a security on a national
securities exchange will remain in place, such as the periodic
reporting obligations under the Act.
    Further, the Commission finds that the deletion of the restatements
of Rule 18 and Rule 12d2-2 in the Amex Company Guide is consistent with
the requirements of the Act. The rules of Amex and the Commission are
equally available on the Internet, and are updated when changed. As
such, the restatements in the Company Guide are no longer necessary.
The Exchange rules, however, will continue to reference Rule 12d2-2 to
ensure issuers know they must comply with that rule, as well as the
Exchange's requirements, to delist.
    Finally, as noted above, the new rule will only be implemented upon
the closing of the Exchange Acquisition. The Exchange has represented
that, upon closing of the merger, it will notify applicable issuers
that the rule has become effective.\14\
---------------------------------------------------------------------------

    \14\ Telephone conversation between Marija Willen, Vice
President and Associate General Counsel, Amex, and Steve Kuan,
Special Counsel, Commission, on September 25, 2008.
---------------------------------------------------------------------------

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the Act,
that the proposed rule change (SR-Amex-2008-65) be, and it hereby is,
approved.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
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    \15\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Acting Secretary.
 [FR Doc. E8-23194 Filed 10-1-08; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register: October 29, 2008 (Volume 73, Number 210)]
[Notices]
[Page 64327-64330]
[DOCID:fr29oc08-61]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2008-0761; FRL-8387-3]

Notice of Receipt of Requests for Amendments to Delete Uses in
Certain Pesticide Registrations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In accordance with section 6(f)(1) of the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA), as amended, EPA is issuing a
notice of receipt of request for amendments by registrants to delete
uses in certain pesticide registrations. Section 6(f)(1) of FIFRA
provides that a registrant of a pesticide product may at any time
request that any of its pesticide registrations be amended to delete
one or more uses. FIFRA further provides that, before acting on the
request, EPA must publish a notice of receipt of any request in the
Federal Register.

DATES: The deletions are effective by April 27, 2009 or November 28,
2008 for registrations for which the registrant requested a waiver of
the 180-day comment period. The Agency will consider withdrawal
requests postmarked no later than April 27, 2009 or November 28, 2008,
whichever is applicable. Comments must be received on or before April
27, 2009 or November 28, 2008, for those registrations where the 180-
day comment period has been waived.
    Users of these products who desire continued use on crops or sites
being deleted should contact the applicable registrant on or before
April 27, 2009 or November 28, 2008 for registrations for which the
registrant requested a waiver of the 180-day comment period.

ADDRESSES: Submit your withdrawal request, identified by docket
identification (ID) number EPA-HQ-OPP-2008-0761, by one of the
following methods:
    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 Facility'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>.

FOR FURTHER INFORMATION CONTACT: John Jamula, Information Technology
and Resources Management Division (7502P), 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?

    This action is directed to the public in general. Although this
action may be of particular interest to persons who produce or use
pesticides, the Agency has not attempted to describe all the specific
entities that may be affected by this action. If you have any questions
regarding the information in this notice, consult the person listed
under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Copies of this Document and Other Related Information?

    1. Docket. EPA has established a docket for this action under
docket ID number EPA-HQ-OPP-2008-0761. 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 Office
of Pesticide Programs (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
Facility telephone number is<PHONE_NUMBER>.
    2. Electronic access. You may access this Federal Register document
electronically through the EPA Internet under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr.

II. What Action is the Agency Taking?

    This notice announces receipt by the Agency of applications from
registrants to delete uses in certain pesticide registrations. These
registrations are listed in Table 1 of this unit by registration
number, product name, active ingredient, and specific uses deleted:

             Table--Registrations With Requests for Amendments to Delete Uses in Certain Pesticides
----------------------------------------------------------------------------------------------------------------
             EPA Reg. No.                    Product Name          Active Ingredient        Delete From Label
----------------------------------------------------------------------------------------------------------------
000149-00016                           Sweeney's Poison         Zinc Phosphide           Golf Courses
                                        Peanuts Mole & Gopher
                                        Bait
----------------------------------------------------------------------------------------------------------------
000264-00452                           Iprodione Technical      Iprodione                Rice
----------------------------------------------------------------------------------------------------------------
000264-00469                           MOCAP 20% Granular Lock  Ethoprone                Corn and Potato
                                        n Load
----------------------------------------------------------------------------------------------------------------
000264-00482                           Rovral Brand 4 Flowable  Iprodione                Rice
                                        Fungicide
----------------------------------------------------------------------------------------------------------------

000264-00524                           Roval Brand WG           Iprodione                Rice
                                        Fungicide
----------------------------------------------------------------------------------------------------------------
000264-00532                           Roval Brand 50 SP        Iprodione                Rice
                                        Fungicide
----------------------------------------------------------------------------------------------------------------
000264-00689                           Roval Brand 75 WG        Iprodione                Rice
                                        Fungicide
----------------------------------------------------------------------------------------------------------------
000279-02712                           Furadan 10G Insecticide/ Carbofuran               Cucumbers, Melons,
                                        Nematicide                                        Squash
----------------------------------------------------------------------------------------------------------------
000279-02876                           Furadan 4F Insecticide/  Carbofuran               Alfalfa, Cotton (at
                                        Nematicide                                        plant use only),
                                                                                Ornamentals, Pine
                                                                                Seedlings (except SE
                                                                                U.S) Popcorn, Potatoes
                                                                                (except Pacific NW
                                                                                ID,OR,WA) Small
                                                                                Grains, Sugarcane,
                                                                                Sweet Corn, Tobacco
----------------------------------------------------------------------------------------------------------------
000279-03023                           Furadan 15G Insecticide/ Carbofuran               Cucumbers, Melons,
                                        Nematicide                                        Squash
----------------------------------------------------------------------------------------------------------------
000279-03310                           Furadan LFR Insecticide/ Carbofuran               Alfalfa, Cotton (at
                                        Nematicide                                        plant use only),
                                                                                Ornamentals, Pine
                                                                                Seedlings (except SE
                                                                                U.S) Popcorn, Potatoes
                                                                                (except Pacific NW
                                                                                ID,OR,WA) Small
                                                                                Grains, Sugarcane,
                                                                                Sweet Corn, Tobacco
----------------------------------------------------------------------------------------------------------------
000464-00670                           AMICAL 48                diiodmethyl p-tolyl      Metalworking,
                                                                 sulfone                  Nitrocellulose and
                                                                                Preservation of
                                                                                Drains, Grease Traps
                                                                                and Septic Systems
                                                                                Maintenance
----------------------------------------------------------------------------------------------------------------
000464-00672                           AMICAL WP Antimicrobial  diiodmethyl p-tolyl      Metalworking,
                                        Agent                    sulfone                  Nitrocellulose and
                                                                                Preservation of
                                                                                Drains, Grease Traps
                                                                                and Septic Systems
                                                                                Maintenance
----------------------------------------------------------------------------------------------------------------
000464-00672                           AMICAL WP Antimicrobial  diodomethyl p-tolyl      Textiles and Non-
                                        Agent                    sulfone                  Wovens, Wood, Rubber,
                                                                                and Plastic Uses
----------------------------------------------------------------------------------------------------------------
000464-00673                           AMICAL Flowable          diiodmethyl p-tolyl      Metalworking,
                                        Antimicrobial Agent      sulfone                  Nitrocellulose and
                                                                                Preservation of
                                                                                Drains, Grease Traps
                                                                                and Septic Systems
                                                                                Maintenance
----------------------------------------------------------------------------------------------------------------
002749-00521                           Phorate 20G              Phorate                  Sugarcane
----------------------------------------------------------------------------------------------------------------
005785-00008                           Bromo-O-Gas .50%         Methyl Bromide           Residential Structures,
                                                                                Other Non-Commodity
                                                                                Structures (i.e.
                                                                                Warehouses, Industrial
                                                                                Sites, Processing
                                                                                Plants) excluding
                                                                                Fumigation of Any
                                                                                Structurs Containing
                                                                                Post-Harvest Food, non-
                                                                                Food Materials
                                                                                Consisting of Bags,
                                                                                Boxes, etc.
----------------------------------------------------------------------------------------------------------------
005785-00055                           Bromo-O-Gas .25%         Methyl Bromide           Residential Structures,
                                                                                Other Non-Commodity
                                                                                Structures (i.e.
                                                                                Warehouses, Industrial
                                                                                Sites, Processing
                                                                                Plants) excluding
                                                                                Fumigation of Any
                                                                                Structurs Containing
                                                                                Post-Harvest Food, non-
                                                                                Food Materials
                                                                                Consisting of Bags,
                                                                                Boxes, etc.
----------------------------------------------------------------------------------------------------------------
008356-00002                           Chloropicrin 100         Chloropicrin             Fumigation of Enclosed
                                        Fumigant                                          Spaces, Treatment of
                                                                                Wood, Timbers, Poles,
                                                                                Piles and Glue-
                                                                                Laminated Beams for
                                                                                Control of Internal
                                                                                Wood Decay by Fungi
                                                                                and Insects
----------------------------------------------------------------------------------------------------------------
008622-00017                           Metrabrom 99             Methyl Bromide           Residential Structures,
                                                                                Other Non-Commodity
                                                                                Structures (i.e.
                                                                                Warehouses, Industrial
                                                                                Sites, Processing
                                                                                Plants) excluding
                                                                                Fumigation of Any
                                                                                Structurs Containing
                                                                                Post-Harvest Food, non-
                                                                                Food Materials
                                                                                Consisting of Bags,
                                                                                Boxes, etc.
----------------------------------------------------------------------------------------------------------------
008622-00055                           Metrabrom Q              Methyl Bromide           Residential Structures,
                                                                                Other Non-Commodity
                                                                                Structures (i.e.
                                                                                Warehouses, Industrial
                                                                                Sites, Processing
                                                                                Plants) excluding
                                                                                Fumigation of Any
                                                                                Structurs Containing
                                                                                Post-Harvest Food, non-
                                                                                Food Materials
                                                                                Consisting of Bags,
                                                                                Boxes, etc.
----------------------------------------------------------------------------------------------------------------

009198-00196                           Fertilizer with TGR POA  Paclobutrazol            Residential, Home Lawn
                                        Annual Control                                    Uses
----------------------------------------------------------------------------------------------------------------
009198-00199                           TGR Winter Overseeding   Paclobutrazol            Residential, Home Lawn
                                        Enhancer                                          Uses
----------------------------------------------------------------------------------------------------------------
009198-00205                           TGR Turf Enhancer 2SC    Paclobutrazol            Residential, Home Lawn
                                                                                Uses
----------------------------------------------------------------------------------------------------------------
009198-00215                           The Andersons            Paclobutrazol            Residential, Home Lawn
                                        Fertilizer with 0.25%                             Uses
                                        Paclobutrazol
----------------------------------------------------------------------------------------------------------------
039967-00010                           Preventol A8 Technical   Tebuconazole             Paint
                                        Fungicide
----------------------------------------------------------------------------------------------------------------
039967-00013                           Preventol A8             Tebuconazole             Paint
                                        Preservative
----------------------------------------------------------------------------------------------------------------
043813-00002                           FUNGAFLOR Technical      Imazalil                 Formulating Use for
                                                                                Wheat and Barley Seed
                                                                                Treatment Products
----------------------------------------------------------------------------------------------------------------
043813-00006                           FUNGAFLOR 500 EC         Imazalil                 Seed Treatment Use for
                                                                                Wheat and Barley
----------------------------------------------------------------------------------------------------------------
058266-00002                           Tri-Clor Fumigant        Chloropicrin             Fumigation of Enclosed
                                                                                Spaces, Treatment of
                                                                                Wood, Timbers, Poles,
                                                                                Piles and Glue-
                                                                                Laminated Beams for
                                                                                Control of Internal
                                                                                Wood Decay by Fungi
                                                                                and Insects
----------------------------------------------------------------------------------------------------------------
062719-003911>                         KERB 50-W For            Propyzamide              Residential Use
                                        Manufacturing Use
----------------------------------------------------------------------------------------------------------------
062719-00397                           KERB 50-W Herbicide      Propyzamide              Residential Use
----------------------------------------------------------------------------------------------------------------
062719-00541                           Delegate WG              Spinetoram               Sorghum and Millet
----------------------------------------------------------------------------------------------------------------
062719-00545                           Radiant SC               Spinetoram               Sorghum and Millet
----------------------------------------------------------------------------------------------------------------
062719-00578                           KERB 3.3 SC Herbicide    Propyzamide              Residential Use
----------------------------------------------------------------------------------------------------------------
066222-00144                           Nevado 4F                Iprodione                Rice
----------------------------------------------------------------------------------------------------------------
066330-00356                           Acephate 90SP            Acephate                 Cotton Seed Hopper Box
                                                                                Treatment, Peanut
                                                                                Planter Box Seed
                                                                                Treatment, Tobacco
                                                                                Soil Treatment,
                                                                                Specialty Uses Non
                                                                                Crop Areas, Mound
                                                                                Treatment of Fire
                                                                                Ants, Outdoor and
                                                                                Perimeter Spray
----------------------------------------------------------------------------------------------------------------
067760-00034                           Fyfanon ULV Mosquito     Malathion                Agricultural Uses,
                                                                                Alfalfa, Clover,
                                                                                Beans, Blueberry,
                                                                                Cereal Crops,Grain
                                                                                Crops, Corn, Grain
                                                                                Sorghum, Cherries,
                                                                                Cotton, and Rice
----------------------------------------------------------------------------------------------------------------
067760-00040                           Fyfanon 57EC             Malathion                Anise, Beans (Dry and
                                                                                Succulent), Commercial/
                                                                                Institutional/
                                                                                Industrial Equipment
                                                                                (indoors), Dried
                                                                                Parsley, Greenhouse
                                                                                (Vegetables Grown in
                                                                                Commercial
                                                                                Greenhouses), Lentils,
                                                                                Peanuts, Safflower,
                                                                                Stored Products,
                                                                                Sunflower, Tobacco,
                                                                                fruit dump
----------------------------------------------------------------------------------------------------------------
083504-00001                           Technical Fosetyl-Al     Fosetyl-Al               Tobacco
----------------------------------------------------------------------------------------------------------------

    Users of these products who desire continued use on crops or sites
being deleted should contact the applicable registrant before April 27,
2009 or November 28, 2008 for registrations for which the registrant
requested a waiver of the 180-day comment period to discuss withdrawal
of the application for amendment. This time period will also permit
interested members of the public to intercede with registrants prior to
the Agency's approval of the deletion. A request to waive the 180-day
comment period has been received for the following registrations: 769-
574; 769-728; 769-971; 769-972; 769-976; 39967-10; 39967-13; 43813-2;
43813-6.
    Table 2 of this unit includes the names and addresses of record for
all registrants of the products listed in Table 1 of this unit, in
sequence by EPA company number.

  Table 2--Registrants Requesting Amendments to Delete Uses in Certain
                           Pesticide Products
------------------------------------------------------------------------
              EPA Company no.                 Company Name and Address
------------------------------------------------------------------------
000149                                      Delta Analytical Corp.,
                                            Agent For: Senoret Chemical
                                             Co., Inc.,
                                            12510 Prosperity Drive,
                                             Suite 160,
                                            Silver Spring, MD 20904.
------------------------------------------------------------------------
000264                                      Bayer Cropscience LP,
                                            2 T.W. Alexander Drive,
                                            Research Triangle Park, NC
                                             27709.
------------------------------------------------------------------------
000279                                      FMC Corp. Agricultural
                                             Products Group,
                                            1735 Market St.,
                                            Philadelphia, PA 19103.
------------------------------------------------------------------------
000464                                      The Dow Chemical Co.,
                                            Agent For: Dow Chemical Co.,
                                             The,
                                            1500 E. Lake Cook Rd.,
                                            Buffalo Grove, IL 60089.
------------------------------------------------------------------------
000769                                      Value Gardens Supply, Llc,
                                            d/b/a Value Garden Supply,
                                            PO Box 585,
                                            Saint Joseph, MO 64502.
------------------------------------------------------------------------
002749                                      Aceto Agriculture Chemicals
                                             Corp.,
                                            One Hollow Lane,
                                            Lake Success, NY 11042-1215.
------------------------------------------------------------------------
005785                                      Great Lakes Chem Corp.,
                                            Director of Regulatory
                                             Affairs,
                                            PO Box 2200,
                                            West Lafayette, IN 47996-
                                             2200.
------------------------------------------------------------------------
008622                                      ICL-IP America, Inc.,
                                            95 Maccorkle Ave. Southwest,
                                            South Charleston, WV 25303-
                                             1411.
------------------------------------------------------------------------
009198                                      The Andersons Lawn
                                             Fertilizer Division, Inc.,
                                            dba/ Free Flow Fertilizer,
                                            PO Box 119,
                                            Maumee, OH 43537.
------------------------------------------------------------------------
039967                                      Lanxess Corp.,
                                            111 Ridc Park W. Drive,
                                            Pittsburgh, PA 15275-1112.
------------------------------------------------------------------------
043813                                      Janssen PMP,
                                            Janssen Pharmaceutica NV,
                                            1125 Trenton-Harbourton Rd,
                                            Titusville, NJ 08560-0200.
------------------------------------------------------------------------
058266                                      Shadow Mountain Products
                                             Corp.,
                                            PO Box 1327,
                                            Hollister, CA 95024
------------------------------------------------------------------------
062719                                      Dow Agrosciences LlC,
                                            9330 Zionsville Rd 308/2e,
                                            Indianapolis, IN 46268-1054.
------------------------------------------------------------------------
066222                                      Makhteshim-Agan of North
                                             America Inc.,
                                            4515 Falls of Neuse Rd,
                                             Suite 300,
                                            Raleigh, NC 27609.
------------------------------------------------------------------------
067760                                      Cheminova, Inc.,
                                            1600 Wilson Blvd.,
                                            Suite 700, Arlington, VA
                                             22209.
------------------------------------------------------------------------
083504                                      Kerley Trading, Inc.,
                                            PO Box 15627,
                                            Phoenix, AZ 85060-5627.
------------------------------------------------------------------------

III. What is the Agency's Authority for Taking this Action?

    Section 6(f)(1) of FIFRA provides that a registrant of a pesticide
product may at any time request that any of its pesticide registrations
be amended to delete one or more uses. The FIFRA further provides that,
before acting on the request, EPA must publish a notice of receipt of
any such request in the Federal Register. Thereafter, the Administrator
may approve such a request.

IV. Procedures for Withdrawal of Request

    Registrants who choose to withdraw a request for use deletion must
submit the withdrawal in writing to John Jamula using the methods in
ADDRESSES. Requests for withdrawal must be received on or before April
27, 2009 or November 28, 2008, for those registrations where the 180-
day comment period has been waived.

V. Provisions for Disposition of Existing Stocks

    The Agency has authorized the registrants to sell or distribute
product under the previously approved labeling for a period of 18
months after approval of the revision, unless other restrictions have
been imposed, as in special review actions.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: October 16, 2008.
Katryn Bouv[eacute],
Director, Information Technology and Resources Management Division.
[FR Doc. E8-25517 Filed 10-28-08; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 87, Number 96 (Wednesday, May 18, 2022)]
[Notices]
[Pages 30328-30330]
[FR Doc No: 2022-10629]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2022-0009]

Agency Information Collection Activities; Notice and Request for
Comment; National Survey of the Use of Booster Seats

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

ACTION: Notice and request for comments on a renewal of an existing
clearance.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995 (PRA),
this notice announces that the Information Collection Request (ICR)
summarized below will be submitted to the Office of Management and
Budget (OMB) for review and approval. The ICR describes the nature of
the information collection and its expected burden. This document
describes a collection of

information for which NHTSA intends to seek OMB approval on the
National Survey of the Use of Booster Seats (NSUBS). A Federal Register
Notice with a 60-day comment period soliciting comments on the
following information collection was published on February 16, 2022.
NHTSA received 3 comments. As explained in this document, none of the
comments necessitate NHTSA making any revisions to the information
collection or burden estimates.

DATES: Comments must be submitted on or before June 17, 2022.

ADDRESSES: Written comments and recommendations for the proposed
information collection, including suggestions for reducing burden,
should be submitted to the Office of Management and Budget at
www.reginfo.gov/public/do/PRAMain. To find this particular information
collection, select ``Currently under Review--Open for Public Comment''
or use the search function.

FOR FURTHER INFORMATION CONTACT: For additional information or access
to background documents, contact Lacey L. Boyle, Office of Traffic
Records and Analysis, Mathematical Analysis Division (NSA-210), 202-
366-7468, National Center for Statistics and Analysis, W55-207, U.S.
Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC
20590. Please identify the relevant collection of information by
referring to its OMB Control Number (2127-0644).

SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501 et seq.), a
Federal agency must receive approval from the Office of Management and
Budget (OMB) before it collects certain information from the public and
a person is not required to respond to a collection of information by a
Federal agency unless the collection displays a valid OMB control
number. In compliance with these requirements, this notice announces
that the following information collection request will be submitted
OMB.
    A Federal Register notice with a 60-day comment period soliciting
public comments on the following information was published on February
16, 2022 (87 FR 8929).
    Title: National Survey of the Use of Booster Seats.
    OMB Control Number: 2127-0644.
    Form Number(s): NHTSA Form 1010.
    Type of Request: Extension of a currently approved information
collection.
    Type of Review Requested: Regular.
    Requested Expiration Date of Approval: 3 years from date of
approval.
    Summary of the Collection of Information: The National Survey of
the Use of Booster Seats (NSUBS) is a voluntary collection of restraint
use information for children under 13. NSUBS is a biennial collection.
Data collectors observe restraint use for all passenger vehicle
occupants included in the survey and for those vehicles that
voluntarily participate, the data collectors conduct a brief interview
with the vehicle driver or other knowledgably adult to determine the
age, height, weight, race, and ethnicity of the child occupants and age
of driver. Data collectors collect the information at fast food
restaurants, gas stations, day care centers, and recreation centers
where vehicles are most likely to have child occupants. The survey
estimates restraint use for all children under 13. The collection
includes race and ethnicity breakouts of restraint use among all
occupants in a vehicle as well as age, height, and weight of children.
    Description of the Need for the Information and Proposed Use of the
Information: The NSUBS is conducted to respond to Section 14(i) of the
Transportation Recall Enhancement, Accountability, and Documentation
(TREAD) Act of 2000. The Act directs the Department of Transportation
to reduce deaths and injuries (among children in the 4- to 8-year old
age group that are caused by failure to use a booster seat) by twenty-
five percent. Conducting the National Survey of the Use of Booster
Seats provides the Department with invaluable information on use and
non-use of booster seats, helping the Department to improve its
outreach programs to ensure that children are protected to the greatest
extent possible when they ride in motor vehicles. The OMB approval for
this survey is scheduled to expire on June 30, 2022. NHTSA seeks an
extension to this approval to obtain this important survey data, save
more children, and help to comply with the TREAD Act requirement.
    60-day Notice: NHTSA published a 60-day notice on February 16, 2022
requesting comments on NHTSA's intention to request approval from the
Office of Management and Budget (OMB) for an extension of the currently
approved NSUBS information collection (87 FR 8929). NHTSA received 3
comments on the 60-day notice. Two of the commentors expressed support
to continue the NSUBS, while one commentor was against the continuation
of the NSUBS. None of the comments necessitate a revision of the scope
of the information collection or the estimates of the annual cost or
burden hours.
    One individual, Jean Publee, commented against the continuation of
the NSUBS. Publee states that NHTSA has collected the NSUBS for years
and believes that the data collection should not go on without an end
date. Publee states that the NSUBS is a waste of tax dollars. While
NHTSA understands Publee's comments, NHTSA believes that the
continuation of this data collection is necessary to support NHTSA's
mission. The NSUBS is the only probability-based nationwide child
restraint use survey in the United States that observes restraint use.
Without this survey, NHTSA cannot direct outreach programs where they
are most needed.
    NHTSA received two comments supporting the continuation of the
NSUBS. Safe Kids Worldwide state that it supports the continuation of
the NSUBS and uses the information collected from the NSUBS to develop
and advocate policy around child safety in cars. SafetyBeltSafe U.S.A.
(SBS USA) also shared its support for the continuation of the NSUBS,
but stated that in addition to what NSUBS already collects they would
like more detailed data reporting. SBS USA mentions that 16 States and
DC mandate rear-facing car seats until age 2. SBS USA wants to know if
these laws are working in States with these requirements vs. States
without these requirements. NHTSA does not collect data in every State
and applies sampling weights to produce nationally representative
estimates; however NHTSA will consider this suggestion and determine if
the current sample design will allow reporting of usage rate based on
child restraint laws. SBS USA is concerned about booster seat usages
vs. booster seat need especially for children 8- to 12-years old. SBS
USA suggests having parents conduct the 5-Step Test on children using
seatbelts and record the results. NHTSA appreciates the suggestion and
will consider it for the future. At this time, adding the 5-Step Test
is out of scope of the NSUBS. NHTSA's purpose in conducting the NSUBS
is to assess the extent to which children are prematurely transitioned
to restraint types that are inappropriate for their age, height, and
weight. The data collectors have a limited amount of time to visually
inspect restraint usage and interview drivers, adding the 5-Step Test
is time prohibitive. NHTSA does record the age of interviewed children
and will consider breaking out data based on the age range of 8-9 and
10-12 as it might give more insight into how older and younger kids in
the 8-12 age range are transitioned to different restraint types.

    Affected Public: Motorists in passenger vehicles with children
under 13 willing to participate at gas stations, fast food restaurants,
day care centers, and recreation centers frequented by children during
the time in which the survey is conducted.
    Estimated Number of Respondents: Based on the average number of
respondents from the last three survey years (2017, 2019, 2021), we
expect to have approximately 5,300 adult motorists in passenger
vehicles with children under 13 at gas stations, fast food restaurants,
day care centers, and recreation as respondents.
    Frequency: Biennial.
    Estimated Total Annual Burden Hours: NHTSA estimates that the data
collection will, on average, take approximately 4.25 minutes of each
respondent's time. Respondents are adult motorists supplying
information about children in their vehicle. Multiplying the 4.25
minutes of burden per respondent by the estimated 5,300 respondents
yields 376 (5,300 x 4.25/60) total burden hours for all respondents
collectively. Since NSUBS data are collected biennially, dividing the
376 total burden hours by two yields an annual burden of 188 hours.
    To represent the value of the respondents' time, NHTSA uses the
average hourly wage for the United States, which is estimated to be
$27.07.\1\ Using this estimate, NHTSA estimates the total opportunity
costs to respondents to be $10,178.32 (376 x $27.07) or $5,089.16
annually.
---------------------------------------------------------------------------

    \1\ U.S. Dept. of Labor, Bureau of Labor Statistics, June 2021,
from https://www.bls.gov/oes/current/oes_nat.htm#00-0000 for May
2020.
---------------------------------------------------------------------------

    Estimated Total Annual Burden Cost: $0.
    NHTSA estimates that there are no costs to respondents other than
opportunity costs associated with the burden hours.
    Public Comments Invited: You are asked to comment on any aspects of
this information collection, including (a) whether the proposed
collection of information is necessary for the proper performance of
the functions of the Department, including whether the information will
have practical utility; (b) the accuracy of the Department's estimate
of the burden of the proposed information collection; (c) ways to
enhance the quality, utility and clarity of the information to be
collected; and (d) ways to minimize the burden of the collection of
information on respondents, including the use of automated collection
techniques or other forms of information technology.
    Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. chapter
35, as amended; 49 CFR 1.49; and DOT Order 1351.29A.

Chou-Lin Chen,
Associate Administrator for the National Center for Statistics and
Analysis.
[FR Doc. 2022-10629 Filed 5-17-22; 8:45 am]
BILLING CODE 4910-59-P


[Federal Register Volume 74, Number 120 (Wednesday, June 24, 2009)]
[Notices]
[Pages 30198-30201]
[FR Doc No: E9-14802]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60135; File No. SR-FINRA-2009-014]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing of Proposed Rule Change To Adopt
FINRA Rule 2150 (Improper Use of Customers' Securities or Funds;
Prohibition Against Guarantees and Sharing in Accounts) in the
Consolidated FINRA Rulebook

June 18, 2009.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``SEA'' or ``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby
given that on March 24, 2009, Financial Industry Regulatory Authority,
Inc. (``FINRA'') (f/k/a National Association of Securities Dealers,
Inc. (``NASD'')) filed with the Securities and Exchange Commission
(``SEC'' or ``Commission'') the proposed rule change as described in
Items I, II, and III below, which Items substantially have been
prepared by FINRA. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    FINRA is proposing to adopt certain paragraphs, as specified below,
of NASD Rule 2330 (Customers' Securities or Funds) as FINRA Rule 2150
(Improper Use of Customers' Securities or Funds; Prohibition Against
Guarantees and Sharing in Accounts) in the consolidated FINRA rulebook
taking into account certain provisions of Incorporated NYSE Rule 352
(Guarantees, Sharing in Accounts, and Loan Arrangements) \3\ and to
delete NYSE Rule 352, with the exception of NYSE Rules 352(e)
(Limitations on Borrowing From or Lending to Customers), 352(f) (Loan
Procedures) and 352(g).
---------------------------------------------------------------------------

    \3\ For convenience, Incorporated NYSE Rule 352 is hereinafter
referred to as ``NYSE Rule 352.''
---------------------------------------------------------------------------

    The proposed rule change would renumber NASD Rule 2330(a) (Improper
Use) as FINRA Rule 2150(a) (Improper Use), NASD Rule 2330(e)
(Prohibition Against Guarantees) as FINRA Rule 2150(b) (Prohibition
Against Guarantees) and NASD Rule 2330(f) (Sharing in Accounts; Extent
Permissible) as FINRA Rule 2150(c) (Sharing in Accounts; Extent
Permissible) in the consolidated FINRA rulebook. The proposed rule
change also would add a ``Supplementary Material'' section to proposed
FINRA Rule 2150 that contains certain clarifications and codifications
of existing staff guidance. The text of the proposed rule change is set
forth below. Proposed new language is italicized; proposed deletions
are in brackets.
* * * * *

Text of Proposed New FINRA Rule (NASD Rules 2330(a), 2330(e) and
2330(f) and Incorporated NYSE Rules 352(a), 352(b), 352(c) and 352(d)
To Be Deleted in Their Entirety From the Transitional Rulebook)

* * * * *

2000. DUTIES AND CONFLICTS

* * * * *

2100. TRANSACTIONS WITH CUSTOMERS

* * * * *

2150. Improper Use of Customers' Securities or Funds; Prohibition
Against Guarantees and Sharing in Accounts

(a) Improper Use

    No member or person associated with a member shall make improper
use of a customer's securities or funds.

(b) Prohibition Against Guarantees

    No member or person associated with a member shall guarantee a
customer against loss in connection with any securities transaction or
in any securities account of such customer.

(c) Sharing in Accounts; Extent Permissible

    (1)(A) Except as provided in paragraph (c)(2), no member or person
associated with a member shall share directly or indirectly in the
profits or losses in any account of a customer carried by the member or
any other member; provided, however, that a member or person associated
with a member may share in the profits or losses in such an account if:
    (i) Such person associated with a member obtains prior written
authorization from the member employing the associated person;
    (ii) Such member or person associated with a member obtains prior
written authorization from the customer; and
    (iii) Such member or person associated with a member shares in the
profits or losses in any account of such customer only in direct
proportion to the financial contributions made to such account by
either the member or person associated with a member.
    (B) Exempt from the direct proportionate share limitation of
paragraph (c)(1)(A)(iii) are accounts of the immediate family of such
member or person associated with a member. For purposes of this Rule,
the term ``immediate family'' shall include parents, mother-in-law or
father-in-law, husband or wife, children or any relative to whose
support the member or person associated with a member otherwise
contributes directly or indirectly.
    (2) Notwithstanding the prohibition of paragraph (c)(1), a member
or person associated with a member that is acting as an investment
adviser may receive compensation based on a share in profits or gains
in an account if:
    (A) Such person associated with a member seeking such compensation
obtains prior written authorization from the member employing the
associated person;
    (B) Such member or person associated with a member seeking such
compensation obtains prior written authorization from the customer; and
    (C) All of the conditions in Rule 205-3 of the Investment Advisers
Act (as the same may be amended from time to time) are satisfied.

Supplementary Material

    .01 Inapplicability of Rule to Certain Guarantees. For purposes of
paragraph (b) of this Rule, a ``guarantee'' that is extended to all
holders of a particular security by an issuer as part of that security
generally would not be subject to the prohibition against guarantees.
    .02 Permissible Reimbursement by Member of Certain Losses. Nothing
in this Rule shall preclude a member, but not an associated person of
the member, from determining on an after-the-fact basis, to reimburse a
customer for transaction losses; provided, however, that the member
shall comply with all reporting requirements that may be applicable to
such payment. For example, if the payment can reasonably be construed
as a settlement, the member shall report the payment as a settlement
under the applicable reporting requirement(s). In addition, nothing in
this Rule shall preclude a member, but not an associated person of the
member, from correcting a bona fide error. This Supplementary Material
.02 does not apply to an associated person of a member because of the
concern that any such payment may conceal individual misconduct.
    .03 Record Retention. For purposes of paragraph (c) of this Rule,
members shall preserve the required written authorization(s) for at
least six years after the date the account is closed.
    .04 Applicability of Other Rules to Sharing Arrangements. Members
and

associated persons should be aware that participation in a sharing
arrangement permitted under paragraph (c) of this Rule does not affect
the applicability of other FINRA rules, including paragraph (b) of this
Rule and NASD Rules 3030, 3040 and 3050, to such sharing arrangement.
* * * * *

Text of NASD Rules and Incorporated NYSE Rules To Remain in the
Transitional Rulebook

* * * * *

NASD Rules

* * * * *

2330. Customers' Securities or Funds

    (a) Reserved. [Improper Use]
    [No member or person associated with a member shall make improper
use of a customer's securities or funds.]
    (b) No Change.
    (c) No Change.
    (d) No Change.
    (e) Reserved. [Prohibition Against Guarantees]
    [No member or person associated with a member shall guarantee a
customer against loss in connection with any securities transaction or
in any securities account of such customer.]
    (f) Reserved. [Sharing in Accounts; Extent Permissible]
    [(1)(A) Except as provided in paragraph (f)(2) no member or person
associated with a member shall share directly or indirectly in the
profits or losses in any account of a customer carried by the member or
any other member; provided, however, that a member or person associated
with a member may share in the profits or losses in such an account if
(i) such person associated with a member obtains prior written
authorization from the member employing the associated person; (ii)
such member or person associated with a member obtains prior written
authorization from the customer; and (iii) such member or person
associated with a member shares in the profits or losses in any account
of such customer only in direct proportion to the financial
contributions made to such account by either the member or person
associated with a member.]
    [(B) Exempt from the direct proportionate share limitation of
paragraph (f)(1)(A)(iii) are accounts of the immediate family of such
member or person associated with a member. For purposes of this Rule,
the term ``immediate family'' shall include parents, mother-in-law or
father-in-law, husband or wife, children or any relative to whose
support the member or person associated with a member otherwise
contributes directly or indirectly.]
    [(2) Notwithstanding the prohibition of paragraph (f)(1), a member
or person associated with a member that is acting as an investment
adviser (whether or not registered as such) may receive compensation
based on a share in profits or gains in an account if (i) such person
associated with a member seeking such compensation obtains prior
written authorization from the member employing the associated person;
(ii) such member or person associated with a member seeking such
compensation obtains prior written authorization from the customer; and
(iii) all of the conditions in Rule 205-3 of the Investment Advisers
Act of 1940 (as the same may be amended from time to time) are
satisfied.]
* * * * *

Incorporated NYSE Rules

* * * * *

Rule 352. Guarantees, Sharing in Accounts, and Loan Arrangements

[Prohibitions Against Guarantees]

    (a) Reserved. [No member organization shall guarantee or in any way
represent that it will guarantee any customer against loss in any
account or on any transaction; and no member, principal executive,
registered representative or officer shall guarantee or in any way
represent that either he or she, or his or her employer, will guarantee
any customer against loss in any customer account or on any customer
transaction. The prohibitions in this paragraph extend to the payment,
in whole or in part, of a debit balance.]

[Prohibition Against Sharing in Profits and Losses]

    (b) Reserved. [Except as otherwise provided by this Rule, no
member, member organization, principal executive, officer, or any other
person acting in the capacity of a registered representative shall,
directly or indirectly, (i) take or receive or agree to take or receive
a share in the profits, or (ii) share or agree to share in any losses,
in any customer's account or of any transaction effected therein.]

[Joint Accounts and Order Errors]

    (c) Reserved. [Subject to compliance with paragraph (a), paragraph
(b) of this Rule shall not preclude a member not associated with a
member organization, or a member organization or, with the prior
written authorization of the member organization, a member associated
with such member organization, a principal executive or other person
acting in the capacity of a registered representative, from
participating with a customer in a joint account and sharing in the
profits or losses therein in direct proportion to financial
contributions made to such account. Accounts of immediate family
members of such persons are exempt from the direct proportionate share
limitation. (See Rule 93 for reporting and approval requirements
concerning participation in joint accounts by members and member
organizations.) Nor shall it preclude a member not associated with a
member organization or a member organization from sharing or agreeing
to share any losses in a customer account if it has been established
that the loss was caused in whole or in part by an error resulting from
the action or inaction of such member, member organization, or person
associated therewith (See also Rule 134).]
    [For purposes of this section (c), the term ``immediate family''
shall include parents, mother-in-law or father-in-law, husband or wife,
children or any relative to whose support the principal executive or
persons acting in the capacity of a registered representative otherwise
contributes directly or indirectly.]

[Certain Investment Advisory Arrangements]

    (d) Reserved. [Notwithstanding the prohibition of paragraph (b), a
person acting as an investment adviser (whether or not registered as
such) may receive compensation based on a share of profits or gains in
an account if all the of the conditions in Rule 205-3 of the Investment
Advisers act of 1940 (as may be amended from time to time) are
satisfied. All advisory compensation arrangements should be reviewed by
member organizations and their counsel in light of applicable State and
Federal law (e.g., ERISA).]

Limitations on Borrowing From or Lending to Customers

    (e) No Change.

Loan Procedures

    (f) No Change.
    (g) No Change.
* * * * *

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

    In its filing with the Commission, FINRA included statements
concerning the purpose of and basis for the proposed rule change and
discussed any

comments it received on the proposed rule change. The text of these
statements may be examined at the places specified in Item IV below.
FINRA has prepared summaries, set forth in sections A, B, and C below,
of the most significant aspects of such statements.

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

1. Purpose

Background

    As part of the process of developing a new consolidated rulebook
(the ``Consolidated FINRA Rulebook''),\4\ FINRA is proposing to adopt
NASD Rules 2330(a), 2330(e) and 2330(f) as FINRA Rules 2150(a), 2150(b)
and 2150(c), respectively, in the Consolidated FINRA Rulebook, with
certain changes as described below.\5\ Proposed FINRA Rule 2150 also
would take into account certain provisions of NYSe Rule 352. In
addition, proposed FINRA Rule 2150 includes a ``Supplementary
Material'' section that contains certain clarifications and
codifications of existing staff guidance. The proposed rule change
would delete NYSe Rule 352 (with the exception of paragraphs (e), (f)
and (g)) \6\ from the Transitional Rulebook.
---------------------------------------------------------------------------

    \4\ The current FINRA rulebook consists of (1) FINRA Rules; (2)
NASD Rules; and (3) rules incorporated from NYSE (``Incorporated
NYSE Rules'') (together, the NASD Rules and Incorporated NYSE Rules
are referred to as the ``Transitional Rulebook''). While the NASD
Rules generally apply to all FINRA members, the Incorporated NYSE
Rules apply only to those members of FINRA that are also members of
the NYSE (``Dual Members''). The FINRA Rules apply to all FINRA
members, unless such rules have a more limited application by their
terms. For more information about the rulebook consolidation
process, see FINRA Information Notice, March 12, 2008 (Rulebook
Consolidation Process).
    \5\ NASD Rules 2330(b) (General Provisions), 2330(c)
(Authorization to Lend), 2330(d) (Segregation and Identification of
Securities) and Interpretive Material 2330 (Segregation of
Customers' Securities) set forth certain financial and operational
requirements. These provisions would remain in the Transitional
Rulebook to be addressed as part of a later phase of the rulebook
consolidation process.
    \6\ NYSE Rules 352(e), 352(f) and 352(g) govern borrowing from
or lending to customers. These provisions generally are equivalent
to the provisions of NASD Rule 2370 (Borrowing From or Lending to
Customers). NASD Rule 2370 and the corresponding NYSE provisions
would remain in the Transitional Rulebook to be addressed as part of
a later phase of the rulebook consolidation process.
---------------------------------------------------------------------------

Proposed Amendments

    FINRA is proposing the following amendments.

a. Improper Use of Customers' Securities or Funds (proposed FINRA Rule
2150(a))

    NASD Rule 2330(a) prohibits members and associated persons from
making improper use of a customer's securities or funds. The improper
use of customer securities or funds threatens the fundamental
relationship between a broker and a customer and undermines the
integrity of the securities industry. NASD Rule 2330(a) has proven
effective through nearly 70 years of regulatory experience. There is no
Incorporated NYSE Rule equivalent to NASD Rule 2330(a). FINRA is
proposing to adopt NASD Rule 2330(a) as FINRA Rule 2150(a) in the
Consolidated FINRA Rulebook without changes.

b. Prohibition Against Guarantees (proposed FINRA Rule 2150(b))

    NASD Rule 2330(e) prohibits members and their associated persons
from guaranteeing a customer against loss in connection with any
securities transaction or in any securities account of the customer.
The reason for the prohibition is that such guarantees create the
expectation that the customer is insulated from market risk intrinsic
in securities ownership and may induce the customer to engage in a
securities transaction that is not otherwise appropriate for the
customer.
    FINRA is proposing to adopt NASD Rule 2330(e) as FINRA Rule 2150(b)
in the Consolidated FINRA Rulebook without changes. FINRA is proposing
to delete NYSE Rule 352(a) (Prohibitions Against Guarantees) because
its provisions are substantially similar to proposed FINRA Rule
2150(b).

c. Sharing in Accounts (proposed FINRA Rule 2150(c))

    NASD Rule 2330(f) prohibits members and associated persons from
sharing in the profits or losses in a customer's account except under
certain limited conditions. NASD Rule 2330(f)(1) permits a member or
associated person to share in the profits or losses in a customer's
account if: (1) The associated person obtains the prior written
authorization of his or her employing member; (2) the member or
associated person obtains the prior written authorization of the
customer; and (3) the member or associated person shares in the profits
or losses in the account only in direct proportion to the member's or
associated person's financial contributions to the account. The rule
exempts from the proportionality requirement accounts of the immediate
family of the member or associated person. NASD Rule 2330(f)(2) permits
a member or associated person that is acting as an investment adviser,
whether or not registered as such under the Investment Advisers Act of
1940 (``Advisers Act''), to receive compensation based on a share in
the profits or gains in a customer's account if: (1) The associated
person obtains the prior written authorization of his or her employing
member; (2) the member or associated person obtains the prior written
authorization of the customer; and (3) all of the conditions specified
in Rule 205-3 of the Advisers Act are satisfied.
    Similar to NASD Rule 2330(f)(1), NYSE Rules 352(b) (Prohibition
Against Sharing in Profits and Losses) and 352(c) (Joint Accounts and
Order Errors) provide that sharing profits or losses in a joint account
with a customer is permitted if it is in direct proportion to financial
contributions made to the account, and the member provides prior
written authorization. However, NYSE Rules 352(b) and (c) do not
require the prior written authorization of the customer as required
under NASD Rule 2330(f)(1). In addition, NYSE Rule 352(c) expressly
permits sharing in customer losses resulting from an error transaction.
Similar to NASD Rule 2330(f)(2), NYSE Rule 352(d) (Certain Investment
Advisory Arrangements) permits sharing arrangements that comply with
Section 205 of the Advisers Act and the associated rules. However, NYSE
Rule 352(d) does not require members to obtain the customer's prior
written authorization as required under NASD Rule 2330(f)(2).
    FINRA is proposing to adopt NASD Rule 2330(f) as FINRA Rule 2150(c)
in the Consolidated FINRA Rulebook, with only minor changes.
Specifically, FINRA is proposing to delete the provision in NASD Rule
2330(f)(2) regarding the registration status under the Advisers Act of
members and associated persons acting as investment advisers. This
provision was intended to clarify the application of the rule to
broker-dealers that were deemed not to be subject to the Advisers Act
under Rule 202(a)(11)-1 of the Advisers Act.\7\ Since Rule 202(a)(11)-1
has been vacated, the provision is no longer necessary.
---------------------------------------------------------------------------

    \7\ In 2005, the SEC adopted Advisers Act Rule 202(a)(11)-1, a
principal purpose of which was to deem broker-dealers offering
``fee-based brokerage accounts'' as not subject to the Advisers Act.
In March 2007, Rule 202(a)(11)-1 was vacated. See Financial Planning
Association v. SEC, 482 F.3d 481 (D.C. Cir. 2007).
---------------------------------------------------------------------------

    FINRA is proposing to delete NYSE Rules 352(b), (c) and (d) because
these provisions are substantially similar to proposed FINRA Rule
2150(c) or are

otherwise incorporated as part of the supplementary material to
proposed FINRA Rule 2150, as noted below.

d. Proposed Supplementary Material

    In addition, FINRA is proposing to add a ``Supplementary Material''
section to proposed FINRA Rule 2150 that would:
     Codify existing staff guidance clarifying that a
``guarantee'' extended to all holders of a particular security by an
issuer as part of that security generally would not be subject to the
prohibition against guarantees \8\ and that a permissible sharing
arrangement remains subject to other applicable FINRA rules; \9\
---------------------------------------------------------------------------

    \8\ See SR-NASD-2002-180; Notice to Members 03-21 (April 2003).
FINRA is proposing to make this clarification even though such
arrangements do not implicate the express language of the rule, in
light of member inquiries regarding such securities and existing
staff guidance. See Securities Exchange Act Release No. 47354
(February 12, 2003), 68 FR 8053 (February 19, 2003) (Order Approving
File No. SR-NASD-2002-180).
    \9\ See id.
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     Clarify that the rule does not preclude a member from
determining on an after-the-fact basis, to reimburse a customer for
transaction losses, provided however that the member shall comply with
all reporting requirements that may be applicable to such payment; \10\
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    \10\ Associated persons would not similarly be permitted to
reimburse their customers for losses under the rule given the
concern that such payments may conceal individual misconduct.
---------------------------------------------------------------------------

     Consistent with NYSE Rule 352(c), clarify that the rule
does not preclude a member from correcting a bona fide error; and,
     Clarify that the required written authorization(s) shall
be preserved for a period of at least six years after the date the
account is closed, which is consistent with the retention period under
the SEA for similar records.
    FINRA intends to announce the implementation date of the proposed
rule change in a Regulatory Notice to be published no later than 90
days following Commission approval.
2. Statutory Basis
    FINRA believes that the proposed rule change is consistent with the
provisions of Section 15A(b)(6) of the Act,\11\ which requires, among
other things, that FINRA rules must be designed to prevent fraudulent
and manipulative acts and practices, to promote just and equitable
principles of trade, and, in general, to protect investors and the
public interest. FINRA believes that the proposed rule change will
further the purposes of the Act by protecting investors against
potential misconduct.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78o-3(b)(6).
---------------------------------------------------------------------------

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

    FINRA does not believe that the proposed rule change will result in
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act.

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

    Written comments were neither solicited nor received.

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

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    (A) By order approve such proposed rule change, or
    (B) institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments:

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-FINRA-2009-014 on the subject line.

Paper Comments:

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.
All submissions should refer to File Number SR-FINRA-2009-014. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room, 100 F Street,
NE., Washington, DC 20549, on official business days between the hours
of 10 a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of FINRA. All comments
received will be posted without change; the Commission does not edit
personal identifying information from submissions. You should submit
only information that you wish to make available publicly. All
submissions should refer to File Number SR-FINRA-2009-014 and should be
submitted on or before July 15, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
---------------------------------------------------------------------------

    \12\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-14802 Filed 6-23-09; 8:45 am]
BILLING CODE P


[Federal Register Volume 82, Number 224 (Wednesday, November 22, 2017)]
[Rules and Regulations]
[Pages 55511-55512]
[FR Doc No: 2017-25193]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2009-0226; FRL-9971-12-Region 4]

Air Plan Approval; GA: Emission Reduction Credits

AGENCY: Environmental Protection Agency (EPA).

ACTION: Withdrawal of direct final rule.

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SUMMARY: Due to the receipt of an adverse comment, the Environmental
Protection Agency (EPA) is withdrawing the September 25, 2017, direct
final rule that would have approved changes to the Georgia State
Implementation Plan (SIP) to revise the Emission Reduction Credits
(ERC) regulation. EPA will address the comment in a separate final
action based upon the proposed rulemaking action, also published on
September 25, 2017. EPA will not institute a second comment period on
this action.

DATES: The direct final rule published at 82 FR 44519, on September 25,
2017, is withdrawn, effective November 22, 2017.

FOR FURTHER INFORMATION CONTACT: Sean Lakeman, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303-8960. Mr. Lakeman can be reached via telephone at<PHONE_NUMBER>
or via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: On September 25, 2017 (82 FR 44519), EPA
published a direct final rule approving a SIP revision submitted by the
State of Georgia to revise the State's ERCs regulation. EPA took direct
final action to approve portions of the September 15, 2008, submission
that expands the eligibility for sources in Barrow County that can
participate in the ERC Program, adds a provision for reevaluation of
the Certificates of ERC, changes the administrative fees, and
eliminates an exemption for certain types of ERCs.
    In the direct final rule, EPA explained that the Agency was
publishing the rule without prior proposal because the Agency viewed
the submittal as a non-controversial SIP amendment and anticipated no
adverse comments. Further, EPA explained that the Agency was publishing
a separate document in the proposed rules section of the Federal
Register to serve as the proposal to approve the SIP revision should an
adverse comment be filed. EPA also noted that the rule would be
effective generally 30 days after the close of the public comment
period, without further notice unless the Agency received adverse
comment by the close of the public comment period. EPA explained that
if the Agency received such comments, then EPA would publish a document
withdrawing the final rule and informing the public that the rule would
not take effect. It was also explained that all public comments
received would then be addressed in a subsequent final rule based on
the proposed rule, and that EPA would not institute a second comment
period on this action.
    EPA received adverse comments from a single Commenter on the direct
final rule concerning how revisions are recorded in the CFR. EPA will
address the comments in a separate final action based on the proposed
action also published on September 25, 2017 (82 FR 44543). EPA will not
open a second comment period for this action.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Lead, Nitrogen dioxide, Ozone, Particulate
matter, Sulfur oxides, Volatile organic compounds.

    Dated: November 9, 2017.
Onis ``Trey'' Glenn, III,
Regional Administrator, Region 4.
    Accordingly, the amendment to 40 CFR 52.570(c) published on
September 25, 2017 (82 FR 44519), are withdrawn effective November 22,
2017.

[FR Doc. 2017-25193 Filed 11-21-17; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 83, Number 183 (Thursday, September 20, 2018)]
[Proposed Rules]
[Pages 47589-47591]
[FR Doc No: 2018-20427]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 395

[Docket No. FMCSA-2018-0248]
RIN 2126-AC19

Hours of Service

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

ACTION: Announcement of public listening session.

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SUMMARY: The FMCSA announces that it will hold a public listening
session concerning potential changes to its hours-of-service (HOS)
rules for truck drivers. On August 23, 2018, FMCSA published an Advance
Notice of Proposed Rulemaking (ANPRM) seeking public comment on four
specific aspects of the HOS rules for which the Agency is considering
changes: the short-haul HOS limit; the HOS exception for adverse
driving conditions; the 30-minute rest break provision; and the sleeper
berth rule to allow drivers to split their required time in the sleeper
berth. In addition, the Agency requested public comment on petitions
for rulemaking from the Owner-Operator Independent Drivers Association
(OOIDA) and TruckerNation.org (TruckerNation). The Agency encourages
vendors of electronic logging devices (ELDs) to participate to address
potential implementation issues should changes to the HOS rules be
made. The listening session is the third in a series and will be held
at the National Automobile Museum in Reno, NV. The listening session
will be webcast for the benefit of those not able to attend in person.
The listening session will allow interested persons to present
comments, views, and relevant research on topics mentioned above. All
comments will be transcribed and placed in the rulemaking docket for
the FMCSA's consideration.

DATES: The listening session will be Saturday, September 22, 2018, in
Reno, NV.

ADDRESSES: The September 22, 2018, meeting will be held at the National
Automobile Museum, 10 S. Lake Street, Reno, NV 89501. The listening
session will begin at 10 a.m. (PDT) and end at 12 noon, or earlier, if
all participants wishing to express their views have done so.
    You may submit comments identified by Docket Number FMCSA-2018-0248
using any of the following methods:
     Federal eRulemaking Portal: 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, Washington, DC, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays.
     Fax:<PHONE_NUMBER>.
     Submissions Containing Confidential Business Information
(CBI): Mr. Brian Dahlin, Chief, Regulatory Analysis Division, 1200 New
Jersey Avenue SE, Washington, DC 20590.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section for instructions on submitting
comments, including collection of information comments for the Office
of Information and Regulatory Affairs, OMB.

FOR FURTHER INFORMATION CONTACT: For special accommodations for the HOS
listening session, such as sign language interpretation, contact Mr.
William Cunnane, Program Specialist, at<PHONE_NUMBER> or
[email protected].gov, by Monday, September 17, 2018, to allow us to
arrange for such services. There is no guarantee that interpreter
services requested on short notice can be provided. For information
concerning the HOS rules, contact Mr. Tom Yager, Chief, Driver and
Carrier Operations Division,<PHONE_NUMBER>, [email protected].

SUPPLEMENTARY INFORMATION:

I. Public Participation and Request for Comments

A. Submitting Comments

    If you submit a comment, please include the docket number for this
ANPRM (Docket No. FMCSA-2018-0248), indicate the specific section of
this document to which each section applies, and provide a reason for
each suggestion or recommendation. You may submit your comments and
material online or by fax, mail, or hand delivery, but please use only
one of these means. FMCSA recommends that you include your name and a
mailing address, an email address, or a phone number in the body of
your document so that FMCSA can contact you if there are questions
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
put the docket number, FMCSA-2018-0248, in the keyword box, and click
``Search.'' When the new screen appears, click on the ``Comment Now!''
button and type your comment into the text box on the following screen.
Choose whether you are submitting your comment as an individual or on
behalf of a third party and then submit.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the facility, please enclose a stamped,
self-addressed postcard or envelope.
    FMCSA will consider all comments and material received during the
comment period for the ANPRM. Late comments will be considered to the
extent practicable.
Confidential Business Information
    Confidential Business Information (CBI) is commercial or financial
information that is customarily not made available to the public by the
submitter. Under the Freedom of Information Act, CBI is eligible for
protection from public disclosure. If you have CBI that is relevant or
responsive to the ANPRM and this listening session, it is important
that you clearly designate the submitted comments as CBI. Accordingly,
please mark each page of your submission as ``confidential'' or
``CBI.'' Submissions designated as CBI and meeting the definition noted
above will not be placed in the public docket for the ANPRM and this
listening session. Submissions containing CBI should be sent to Mr.
Brian Dahlin, Chief, Regulatory Analysis Division, 1200 New Jersey
Avenue SE, Washington, DC 20590 or [email protected]. Any commentary
that FMCSA receives which is not specifically designated as CBI will be
placed in the public docket for this rulemaking.
    FMCSA will consider all comments and material received during the
comment period for the ANPRM.

B. Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this
preamble as being available in the docket, go to http://www.regulations.gov. Insert the docket number, FMCSA-2018-0248, in the
keyword box, and click ``Search.'' Next, click the ``Open Docket
Folder'' button and choose the document to review. If you do not have
access to the internet, you may view the docket online by visiting the
Docket Management Facility in Room W12-140 on the ground floor of the
DOT West Building, 1200 New Jersey Avenue SE, Washington, DC 20590,
between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal
holidays.

C. Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its rulemaking process. DOT posts these
comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

II. Background

    On August 23, 2018 (83 FR 42631), FMCSA published an ANPRM
concerning potential changes to its hours-of-service rules. The ANPRM
indicated the Agency is considering changes in four areas of the HOS
rules: The short-haul HOS limit [49 CFR 395.1(e)(1)(ii)(A)]; the HOS
exception for adverse driving conditions [Sec.  395.1(b)(1)]; the 30-
minute rest break provision [Sec.  395.3(a)(3)(ii)]; and the sleeper
berth rule to allow drivers to split their required time in the sleeper
berth [Sec.  395.1(g)(1)(i)(A) and (ii)(A)]. In addition, the Agency
requested public comment on petitions for rulemaking from the Owner-
Operator Independent Drivers Association (OOIDA) and TruckerNation.org
(TruckerNation). The ANPRM provides an opportunity for additional
discussion of each of these topics. The listening session will provide
interested persons to share their views on these topics with
representatives of the Agency. The Agency encourages ELD vendors to
participate to address potential implementation issues should changes
to the HOS rules be made.

III. Meeting Participation

    The listening session is open to the public. Speakers' remarks will
be limited to 2 minutes each. The public may submit material to the
FMCSA staff at the session for inclusion in the public docket, FMCSA-
2018-0248. The

session will be webcast in its entirety, providing the opportunity for
remote participation via the internet. For information on participating
in the live webcast, please go to www.fmcsa.dot.gov.

IV. Questions for Discussion During the Listening Session

    In preparing their comments, meeting participants should consider
the questions posed in the ANPRM about the current HOS requirements.
Answers to these questions should be based upon the experience of the
participants and any data or information they can share with FMCSA.

    Issued on: September 14, 2018.
Cathy F. Gautreaux,
Deputy Administrator.
[FR Doc. 2018-20427 Filed 9-19-18; 8:45 am]
BILLING CODE 4910-EX-P