[Federal Register Volume 88, Number 118 (Wednesday, June 21, 2023)]
[Proposed Rules]
[Pages 40122-40123]
[FR Doc No: 2023-13120]

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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 88, No. 118 / Wednesday, June 21, 2023 /
Proposed Rules

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 173

[Docket No. FDA-2023-F-2319]

PHM Brands; Filing of Food Additive Petition

AGENCY: Food and Drug Administration, HHS.

ACTION: Notification of petition.

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SUMMARY: The Food and Drug Administration (FDA or we) is announcing
that we have filed a petition, submitted by PHM Brands, proposing that
the food additive regulation for chlorine dioxide be amended to provide
for an additional method for producing the additive.

DATES: Either electronic or written comments on the petitioner's
environmental assessment must be submitted by July 21, 2023.

ADDRESSES: You may submit comments as follows. Please note that late,
untimely filed comments will not be considered. The https://www.regulations.gov electronic filing system will accept comments until
11:59 p.m. Eastern Time at the end of July 21, 2023. Comments received
by mail/hand delivery/courier (for written/paper submissions) will be
considered timely if they are received on or before that date.

Electronic Submissions

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

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2023-F-2319 for ``PHM Brands; Filing of Food Additive Petition.''
Received comments, those filed in a timely manner (see ADDRESSES), will
be placed in the docket and, except for those submitted as
``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m.
and 4 p.m., Monday through Friday,<PHONE_NUMBER>.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' FDA will review
this copy, including the claimed confidential information, in its
consideration of comments. The second copy, which will have the claimed
confidential information redacted/blacked out, will be available for
public viewing and posted on https://www.regulations.gov. Submit both
copies to the Dockets Management Staff. If you do not wish your name
and contact information to be made publicly available, you can provide
this information on the cover sheet and not in the body of your
comments and you must identify this information as ``confidential.''
Any information marked as ``confidential'' will not be disclosed except
in accordance with 21 CFR 10.20 and other applicable disclosure law.
For more information about FDA's posting of comments to public dockets,
see 80 FR 56469, September 18, 2015, or access the information at:
https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852,<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Karen Hall, Center for Food Safety and
Applied Nutrition, Food and Drug Administration, 5001 Campus Dr.,
College Park, MD 20740,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Under section 409(b)(5) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 348(b)(5)), we are giving notice that
we have filed a food additive petition (FAP 2A4832), submitted by
Burdock Group Consultants on behalf of PHM Brands, 730 17th Street,
Denver, Colorado 80202. The petition proposes to amend the food
additive regulations in Sec.  173.300 (21 CFR 173.300; Chlorine
dioxide) to provide for production of the additive via an electrolytic
method from a brine solution containing chloride salts.
    We are reviewing the potential environmental impact of this
petition. To encourage public participation consistent with regulations
issued under the National Environmental Policy Act (40 CFR 1501.4(b)),
we are placing the environmental assessment submitted with the petition
that is the subject of this notice on public display at the Dockets
Management Staff (see DATES and ADDRESSES) for public review and
comment.

    We will also place on public display, at the Dockets Management
Staff and at https://www.regulations.gov, any amendments to, or
comments on, the petitioner's environmental assessment without further
announcement in the Federal Register. If, based on our review, we find
that an environmental impact statement is not required, and this
petition results in a regulation, we will publish the notice of
availability of our finding of no significant impact and the evidence
supporting that finding with the regulation in the Federal Register in
accordance with 21 CFR 25.51(b).

    Dated: June 14, 2023.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2023-13120 Filed 6-20-23; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 77, Number 43 (Monday, March 5, 2012)]
[Notices]
[Pages 13159-13162]
[FR Doc No: 2012-5205]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-66481; File No. SR-NYSEAmex-2012-10]

Self-Regulatory Organizations; NYSE Amex LLC; Notice of Filing of
Proposed Rule Change Amending NYSE Amex Rule 476A To Update Its ``List
of Equities Rule Violations and Fines Applicable Thereto''

February 28, 2012.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on February 16, 2012, NYSE Amex LLC (the ``Exchange'' or
``NYSE Amex'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend NYSE Amex Rule 476A to update its
``List of Equities Rule Violations and Fines Applicable Thereto.'' The
text of the proposed rule change is available at the Exchange, the
Commission's Public Reference Room, and www.nyse.com.

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

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below,

of the most significant parts of such statements.

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

1. Purpose
    The Exchange proposes to amend NYSE Amex Rule 476A to update its
``List of Equities Rule Violations and Fines Applicable Thereto''
(``Rule 476A List'') to (i) make technical, non-substantive changes to
conform the list to previously-approved changes in Exchange rules, (ii)
update the rules relating to conduct by Designated Market Makers
(``DMM''); and (iii) add rules relating to conduct by DMMs.
Background
    Under the Exchange's Minor Rule Violation Plan, NYSE Amex Rule 476A
(``Rule 476A''), the Exchange may impose a fine, not to exceed $5,000,
on any member, member organization, principal executive, approved
person or registered or non-registered employee of a member or member
organization for a minor violation of certain specified Exchange rules
(a ``summary fine''). Summary fines provide a meaningful sanction for
rule violations when the violation calls for stronger discipline than
an admonition or cautionary letter, but the facts and circumstances of
the violation do not warrant initiation of a formal disciplinary
proceeding under Rule 476.
Proposed Non-Substantive Changes to Rule 476A List
    The Exchange proposes the following non-substantive changes to
update the Rule 476A List, as follows:

 Update the title of NYSE Amex Equities Rule 105
 Update rule references that have been renumbered or harmonized
with a FINRA rule: NYSE Amex Equities Rules 72(b) to 72(d); 79A.30 to
79A.20; 103.12 to 103.11; and 346(b) to 3270
 Delete references to rules that have been deleted: NYSE Amex
Equities Rules 104.12 (DMM investment account rule); 123A.30
(percentage orders); 304(h)(2) (reporting rule violation); 346(c), (e),
and (f) (Limitations on member organization employment and failure to
obtain Exchange approval rule violations); 421 (reporting rule
violation); 440F (reporting rule violation); and 440G (reporting rule
violation) \4\
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    \4\ The Exchange also proposes to fix a typographical error in
the entry concerning Rule 343--NYSE Amex Equities and replace the
term ``officer'' with ``office.''
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 Further harmonize the list with the NYSE Minor Rule Violation
Plan (``NYSE MRVP''), upon which the Rule 476A List is based, by adding
a [sic] violations not currently included in the Exchange's list: Rule
123C--NYSE Amex Equities--Failure to adhere to entry and cancellation
procedures for limit-at-the-close and market-at-the-close orders; and
Rule 15--NYSE Amex Equities (Pre-Opening Indications)
 Update the description to rules that have been amended: NYSE
Amex Equities Rules 411(b) (replacing the description to reflect the
amended rule); and 345(a)--NYSE Amex Equities (deleting the reference
to Securities Trader Supervisor)
Proposed Updates to Rule 476A List for DMM Conduct Rules
    The current Rule 476A List includes rules that govern DMM conduct,
e.g., NYSE Amex Equities Rules 104(a)(1)(A) and 104.10. The Exchange
proposes to update the Rule 476A List with current rules governing DMM
conduct, and, in conformance with the existing NYSE MRVP, add NYSE Amex
Equities Rule 123D (``Rule 123D'') to the Rule 476A List. The Exchange
further proposes to expand the references to NYSE Amex Equities Rules
104 (``Rule 104'') and 123D to add new elements to the Rule 476A List.
    The Exchange believes that the updates proposed below will provide
the Exchange with sufficient flexibility to address DMM failure to meet
their obligations. The Exchange recognizes that DMMs may, for many
reasons, fail to meet their affirmative obligations as prescribed under
Rules [sic] 104 or duties under Rule 123D. In some circumstances,
formal disciplinary measures in accordance with Rule 476 are warranted.
However, in other instances, formal discipline may be unwarranted, and
the Exchange believes that the addition of these Rules to Rule 476A
List will provide a more flexible and appropriate tool to enforce
potential failure by DMMs to adhere to the requirements set forth in
those rules, while preserving the Exchange's discretion to seek formal
discipline under the appropriate circumstances. The Exchange believes
that the proposed updated rule references cover the same subject matter
as are already addressed in the Rule 476A List, albeit in outdated
references. In addition, the Exchange believes it is also appropriate
to add new elements relating to Rule [sic] 104 and 123D to the Rule
476A List.
Rule 104
    Rule 104 requires, inter alia, DMMs registered in one or more
securities traded on the Exchange to engage in a course of dealings for
their own account to assist in the maintenance of a fair and orderly
market, insofar as reasonably practicable, by contributing liquidity
when lack of price continuity and depth, or disparity between supply
and demand exists or is reasonably to be anticipated.\5\
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    \5\ Rule 104 currently operates on a pilot basis, set to end on
July 31, 2012. The Exchange believes that the Rule 476A List should
reference those rules that are currently operational, even if
operating on a pilot basis.
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    The Rule 476A List currently includes Rule 104(a)(1)(A), which
requires DMMs to maintain a bid or an offer at the National Best Bid
and National Best Offer (``inside'') at least 10% of the trading day
for securities in which the DMM unit is registered with a consolidated
average daily volume of less than one million shares, and at least 5%
for securities in which the DMM unit is registered with a consolidated
average daily volume equal to or greater than one million shares.
    The Rule 476A List also includes an outdated reference to Rule
104.10. When the Exchange adopted the New Market Model, it adopted
current Rule 104 (on a pilot basis), which does not include a rule
reference of 104.10 that is the same as the former Rule 104.10.\6\
However, the subject matter formerly covered in Rule 104.10 continues
in the current Rule 104. For example, the text of former Rules
104.10(5) and (6) has been moved in substantially similar form to
current Rules 104(g), (h), and (i).
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    \6\ See Exchange Act Release No. 59022 (Nov. 26, 2008), 73 FR
73683 (Dec. 3, 2008) (SR-NYSEALTR-2008-10) (adopting the NYSE New
Market Model rules at the Exchange).
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    More generally, although the Exchange has deleted former Rule
104.10(1)--(3), the subject matter of those rules has been carried
forward in various sections of current Rule 104. For example, former
Rule 104.10 specified the functions of DMMs, including the maintenance,
in so far as reasonably practicable, of a fair and orderly market. This
topic is now covered by Rules 104(a) and (f).
    More specifically, former Rule 104.10(1) stated that the
maintenance of a fair and orderly market implies the maintenance of
price continuity with reasonable depth and the minimizing of the
effects of temporary disparity between supply and demand. This subject
matter is now covered in Rule

104(f)(ii). Former Rule 104.10(2) concerned a DMM trading for his or
her own account when there is [sic] lack of price continuity, lack of
depth, or disparity between supply and demand exists or is reasonably
to be anticipated. This subject matter is similarly covered in Rule
104(f)(ii). Finally, former Rule 104.10(3) provided that DMM dealings
for his own account must constitute a course of dealings reasonably
calculated to contribute to the maintenance of price continuity with
reasonable depth, and to minimizing the effects of temporary disparity
between supply and demand. This is similarly covered in Rule
104(f)(ii). The Exchange further believes that Rule 104(f)(iii), which
provides more details about Depth Guidelines, is also related to former
Rule 104.10(3). In particular, the Exchange was publishing Depth
Guidelines when Rule 104.10 was in effect and the only change in the
New Market Model's version of the rule is to codify this aspect of DMM
obligations.
    The Exchange also believes that the subject matter of former Rules
104.10(1)-(3) is now covered in current Rules 104(a)(2)-(5). Current
Rules 104(a)(2)-(5) describe with specificity how a DMM can meet his or
her responsibilities and duties to maintain a fair and orderly market,
including facilitating openings and re-openings, the close of trading,
trading when a liquidity replenishment point is reached, and trading
when a ``gap'' quote procedure is being used. These rule provisions
simply provide detail of how a DMM is to meet its fair and orderly
obligation. These were functions that specialists formerly performed
when they were subject to former Rule 104.10(1)-(3), the difference now
being that these functions have been codified in the rule text.
    The Exchange further proposes to add to the Rule 476A List Rules
104(b), (c), (d), and (e). The Exchange believes that, similar to Rule
104(a), (f), (g), (h), and (i), the requirements applicable to DMMs in
Rules 104(b), (c), (d), and (e) relate to the functions of the DMMs.
Because these are DMM obligations for which potential violations can
range in severity, including these elements of Rule 104 in the Rule
476A List is consistent with the current inclusion of other aspects of
Rule 104.
    In addition, the Exchange believes it is appropriate to add Rule
104(a)(1)(B) to the Rule 476A List. Rule 104(a)(1)(B) governs the DMM's
new pricing obligations, which were implemented by all equities markets
on December 6, 2010.\7\ Accordingly, this provision was not previously
included in the Minor Rule Violation Plan. The Exchange believes it is
appropriate to add this element of Rule 104 to the Minor Rule Violation
Plan to provide greater flexibility with respect to the type of
disciplinary measures that may be invoked if there were a violation of
this rule. For example, a potential situation that may warrant a
summary fine rather than formal disciplinary action could be if a DMM
fails to maintain a quote consistent with Rule 104(a)(1)(B), but which
does not result in any harm to the market.
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    \7\ See Exchange Act Release No. 63255 (Nov. 5, 2010), 75 FR
69484 (Nov. 12, 2010) (SR-NYSEAmex-2010-96).
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    As noted above, summary fines provide the Exchange with flexibility
to impose an appropriate level of discipline for violations that are
more serious than an admonition letter, but for which the facts and
circumstances do not warrant formal discipline. The Exchange believes
that providing flexibility for violations related to the DMM's new
pricing obligations and Rules 104(b), (c), (d), and (e) is in keeping
with the spirit of the existing Rule 476A List, which already includes
DMM conduct rules.
    To reflect these changes, the Exchange proposes to include a single
reference to ``Rule 104-NYSE Amex Equities requirements for the
dealings and responsibilities of DMMs'' to the Rule 476A List, which
would include all of the subsections of Rule 104 as described above.\8\
The Exchange further notes that these summary fines may be imposed, as
applicable, on either an individual DMM, or the DMM unit, as specified
in the subsections to Rule 104.
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    \8\ The Exchange notes that it has separately proposed to delete
NYSE Amex Equities Rule 104(a)(6). See Securities Exchange Act
Release No. 65735 (Nov. 10, 2011) (SR-NYSEAmex-2011-86). The
Exchange further notes that other elements of Rule 104, i.e., Rule
104(j) and supplementary material .05, are not related to DMM
obligations, but rather reflect operational aspects of the Exchange.
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Rule 123D
    The Exchange also proposes to include a reference relating to
delayed openings in the Rule 476A list, which is consistent with the
existing NYSE MRVP. The Exchange further proposes to expand the
reference to Rule 123D and include other elements of that rule as being
eligible under the Exchange's Minor Rule Violation Plan.
    The NYSE MRVP currently provides that ``violations of Exchange
policies regarding procedures to be followed in delayed opening
situations'' are eligible for summary fines under the Minor Rule
Violation Plan. Such policies are codified in both NYSE Rule 123D and
NYSE Amex Equities Rule 123D. The Exchange proposes to add the
requirements of DMMs that are set forth in Rule 123D relating not only
to delayed openings, but also to openings, re-openings, trading halts,
and tape indications to the Rule 476A List. The Exchange believes that
the additional flexibility of determining the appropriate level of
discipline for DMM violations of Rule 123D conforms to the purpose of
the existing Rule 476A List. In particular, the Exchange notes that
adding Rule 123D in its entirety as it relates to DMM conduct is
consistent both with the NYSE's proposed rules and with the inclusion
of NYSE Rule 15 in the NYSE MRVP, which similarly governs DMM's conduct
with respect to pre-opening indications and which, as discussed above,
is being proposed to be added to the Rule 476A List.
2. Statutory Basis
    The Exchange believes that the proposed rule changes are consistent
with, and further the objectives of, Section 6(b)(5) of the Securities
Exchange Act of 1934, as amended,\9\ (the ``Act''), in that they are
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to remove impediments
to and perfect the mechanism of a free and open market and a national
market system and, in general, to protect investors and the public
interest. The proposed rule changes also further the objectives of
Section 6(b)(6),\10\ in that they provide for appropriate discipline
for violations of provisions of the Act, the rules and regulations
thereunder, and Exchange rules and regulations.
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    \9\ 15 U.S.C. 78f(b)(5).
    \10\ 15 U.S.C. 78f(b)(6).
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    The Exchange believes that the proposed rule changes are designed
to prevent fraudulent and manipulative acts and practices because they
will provide the Exchange with greater regulatory flexibility to
enforce the DMM requirements set forth in NYSE Amex Equities Rules 104
and 123D in a more informal manner while also preserving the Exchange's
discretion to seek formal discipline for more serious transgressions as
warranted. In addition, the proposed rule change removes impediments to
and perfects the mechanism of a free and open market by updating the
Minor Rule Violation Plan by updating rule cite references, deleting
references to obsolete rules, and for DMM-related rules, both updating
the rule references to reflect

the current rules that govern the topics currently identified in
outdated rule references in the Minor Rule Violation Plan as well as
adding additional elements of the rules governing DMM conduct.

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

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

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

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

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

    Within 45 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 or disapprove 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 email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEAmex-2012-10 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-NYSEAmex-2012-10. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference 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 the filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSEAmex-2012-10 and should
be submitted on or before March 26, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
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    \11\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-5205 Filed 3-2-12; 8:45 am]
BILLING CODE 8011-01-P


MEMORANDUM

SUBJECT: 	3-22-12 Meeting with Industry Coalition on December 2011 NHSM
Proposal

FROM:	Tab Tesnau

Office of Resource Conservation and Recovery

TO:		Docket ID No. EPA-HQ-RCRA-2008-0329

On March 22, 2012, EPA met with various members of an industry coalition
(including the forest product industry) to discuss their issues and
concerns with proposed revisions to the Non-Hazardous Secondary
Materials (NHSM), published in the Federal Register on December 23, 2011
(76 FR 80452).

During that meeting, industry members expressed concerns with the
overall structure of the NHSM rule, as well as provided information as
to why various NHSMs should be listed as categorical non-waste fuels,
including resinated wood, tire-derived fuel, wastewater treatment
residuals (i.e., pulp and paper sludges), paper recycling residuals/OCC
rejects, processed construction and demolition (C&D) wood, and
non-hazardous treated wood.  EPA asked clarifying questions.  Both the
agenda for the meeting as well as a list of attendees are attached.

Attachments

Industry Coalition meeting with EPA on NHSM

March 22 from 1 to 2:30

Logistics:

Location: ORCR, Two Potomac Yard (North Building); 2733 Crystal Drive;

Arlington/Crystal City, VA; Room 6100

Attending: Tim Hunt (AF&PA/AWC), Paul Noe (AF&PA), Jeff Shumaker (IP),
Mike Curtis (GP), Corey Brandt (RockTenn), Steve Woock (Weyerhaeuser),
Rob Kaufmann (Koch), Vipin Varma (NCASI), Susan Bodine, Tracey Norberg
(RMA), Sarah Amick (RMA), Bill Turley (CRMA), Gary Melow (BPA)

Draft Agenda

Introductions

Legal issues (5 minutes)

Program Structure (35 minutes)

Contained gas

Contaminant comparisons

Definitions

Petition process

Homogeneous material

Comfort letters

Non-waste fuel listing (45 minutes)

Resinated wood

TDF

Wastewater Treatment Residuals

Paper recycling residuals/OCC rejects

Processed C&D

Non-hazardous treated wood

Other materials

Wrap Up (5 minutes):

Summarize key outstanding questions

Other issues – rule schedule


[Federal Register Volume 81, Number 23 (Thursday, February 4, 2016)]
[Rules and Regulations]
[Page 5916]
[FR Doc No: 2016-02098]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2016-0076]

Drawbridge Operation Regulation; Columbia River, Vancouver, WA

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulations.

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SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the Burlington Northern Santa Fe (BNSF)
Railway Bridge across the Columbia River, mile 105.6, at Vancouver, WA.
This deviation is necessary to accommodate maintenance to replace
movable rail joints. This deviation allows the bridge to remain in the
closed position during maintenance activities.

DATES: This deviation is effective from 7 a.m. on March 8, 2016, to 7
p.m. on March 17, 2016.

ADDRESSES: The docket for this deviation, [USCG-2016-0076] is available
at http://www.regulations.gov. Type the docket number in the ``SEARCH''
box and click ``SEARCH.'' Click on Open Docket Folder on the line
associated with this deviation.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email Mr. Steven Fischer, Bridge
Administrator, Thirteenth Coast Guard District; telephone<PHONE_NUMBER>,
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: BNSF requested that the BNSF Swing Bridge
across the Columbia River, mile 105.6, remain closed to vessel traffic
to remove and replace rail joints. During this installation period, the
swing span of the bridge will be in the closed-to-navigation position;
however, the span may be opened for maritime emergencies, but any
emergency opening will necessitate a time extension to the approved
dates. The BNSF Swing Bridge, mile 105.6, provides 39 feet of vertical
clearance above Columbia River Datum 0.0 while in the closed position.
The current operations for the swing bridge is in 33 CFR 117.5. This
deviation allows the swing span of the BNSF Railway Bridge across the
Columbia River, mile 105.6, to remain in the closed-to-navigation
position, and need not open for maritime traffic from 7 a.m. to 7 p.m.
on March 8, March 10, March 15, March 16 and March 17, 2016. These
dates coincide with the Columbia River Bonneville lock and the Dalles
lock. The bridge shall operate in accordance to 33 CFR 117.5 at all
other times. Waterway usage on this part of the Columbia River includes
vessels ranging from commercial tug and tow vessels to recreational
pleasure craft including cabin cruisers and sailing vessels.
    Vessels able to pass through the bridge in the closed positions may
do so at anytime. For the duration of the repair work, vessels will not
be allowed to pass through the bridge. The bridge will be able to open
for emergencies and there is no immediate alternate route for vessels
to pass. The bridge can be opened for emergency vessels in response to
a call, however, if an opening for emergencies is needed, an extension
of this deviation will be required to complete the work. No immediate
alternate route for vessels to pass is available on this part of the
river.
    The Coast Guard will also inform the users of the waterways through
our Local and Broadcast Notices to Mariners of the change in operating
schedule for the bridge so that vessels can arrange their transits to
minimize any impact caused by the temporary deviation.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the designated
time period. This deviation from the operating regulations is
authorized under 33 CFR 117.35.

    Dated: January 29, 2016.
Steven M. Fischer,
Bridge Administrator, Thirteenth Coast Guard District.
[FR Doc. 2016-02098 Filed 2-3-16; 8:45 am]
 BILLING CODE 9110-04-P