[Federal Register Volume 80, Number 114 (Monday, June 15, 2015)]
[Notices]
[Pages 34155-34156]
[FR Doc No: 2015-14677]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2013-0677; FRL-9928-62]

Receipt of Test Data Under the Toxic Substances Control Act

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA is announcing its receipt of test data submitted pursuant
to a test rule issued by EPA under the Toxic Substances Control Act
(TSCA). As required by TSCA, this document identifies each chemical
substance and/or mixture for which test data have been received; the
uses or intended uses of such chemical substance and/or mixture; and
describes the nature of the test data received. Each chemical substance
and/or mixture related to this announcement is identified in Unit I.
under SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT:
    For technical information contact: Kathy Calvo, Chemical Control
Division (7405M), Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; email
address<EMAIL_ADDRESS>    For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Chemical Substances and/or Mixtures

    Information about the following chemical substances and/or mixtures
is provided in Unit IV.:

Benzene, 1-chloro-4-(trifluoromethyl)- (CAS RN 98-56-6).

II. Federal Register Publication Requirement

    Section 4(d) of TSCA (15 U.S.C. 2603(d)) requires EPA to publish a
notice in the Federal Register reporting the receipt of test data
submitted pursuant to test rules promulgated under TSCA section 4 (15
U.S.C. 2603).

III. Docket Information

    A docket, identified by the docket identification (ID) number EPA-
HQ-OPPT-2013-0677, has been established for this Federal Register
document that announces the receipt of data. Upon EPA's completion of
its quality assurance review, the test data received will be added to
the docket for the TSCA section 4 test rule that required the test
data. Use the docket ID number provided in Unit IV. to access the test
data in the docket for the related TSCA section 4 test rule.
    The docket for this Federal Register document and the docket for
each related TSCA section 4 test rule is available electronically at
http://www.regulations.gov or in person at the Office of Pollution
Prevention and Toxics Docket (OPPT Docket), Environmental Protection
Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg.,
Rm. 3334, 1301 Constitution Ave. NW., Washington, DC. The Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the OPPT
Docket is<PHONE_NUMBER>. Please review the visitor instructions and
additional information about the docket available at http://www.epa.gov/dockets.

IV. Test Data Received

    This unit contains the information required by TSCA section 4(d)
for the test data received by EPA.

Benzene, 1-chloro-4-(trifluoromethyl)- (CAS RN 98-56-6).

    1. Chemical Uses: Solvent for industrial cleaning, aerosols,
adhesives, coatings, inks, and electronic applications; 1,1, 1-
trichloroethane alternative; dye intermediate; dielectric fluid;
dinitroaniline herbicide intermediate; ingredient in home maintenance
products.
    2. Applicable Test Rule: Chemical testing requirements for third
group of high production volume chemicals (HPV3), 40 CFR 799.5089.
    3. Test Data Received: The following listing describes the nature
of the test data received. The test data will be added to the docket
for the applicable TSCA section 4 test rule and can be found by
referencing the docket ID number provided. EPA reviews of test data
will be added to the same docket upon completion.
    Aquatic Toxicity (Algal) (C6). The docket ID number assigned to
this data is EPA-HQ-OPPT-2009-0112.

    Authority: 15 U.S.C. 2601 et seq.

    Dated: June 8, 2015.
Maria J. Doa,
Director, Chemical Control Division, Office of Pollution Prevention and
Toxics.
[FR Doc. 2015-14677 Filed 6-12-15; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 81, Number 52 (Thursday, March 17, 2016)]
[Rules and Regulations]
[Pages 14393-14395]
[FR Doc No: 2016-06065]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 82

[EPA-HQ-OAR-2013-0369; FRL-9943-91-OAR]
RIN 2060-AS44

Protection of Stratospheric Ozone: The 2016 Critical Use
Exemption From the Phaseout of Methyl Bromide; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; technical correction.

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SUMMARY: The Environmental Protection Agency (EPA) published a final
rule in the Federal Register of October 15, 2015, issuing critical use
allowances for 2016 and making non-substantive corrections to the
quarantine and preshipment recordkeeping and reporting requirements.
This document restores provisions that were inadvertently removed by
that final rule.

DATES: This rule is effective March 17, 2016.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-HQ-OAR-2013-0369. All documents in the docket are listed on the
www.regulations.gov Web site. Although listed in the index, some
information is not publicly available, e.g., confidential business
information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the Internet and is publicly available only in hard copy
form. Publicly available docket materials are available either
electronically through www.regulations.gov or in hard copy at the Air
and Radiation Docket, EPA/DC, EPA West, Room 3334, 1301 Constitution
Ave. NW., Washington, DC. The Public Reading Room is open from 8:30
a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the Public Reading Room is<PHONE_NUMBER>, and the
telephone number for the Air and Radiation Docket is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Jeremy Arling, Stratospheric
Protection Division, Office of Atmospheric Programs, Mail Code 6205T,
1200 Pennsylvania Avenue NW., Washington, DC 20460; telephone number
(202) 343-9055; email address<EMAIL_ADDRESS>You may also visit
the methyl bromide section of the Ozone Depletion Web site of EPA's
Stratospheric Protection Division at www.epa.gov/ozone/mbr for further
information about the methyl bromide critical use exemption, other
Stratospheric Ozone Protection regulations, the science of ozone layer
depletion, and related topics.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    Entities and categories of entities potentially regulated by this
action include producers, importers, and exporters of methyl bromide;
applicators and distributors of methyl bromide; and users of methyl
bromide. This list is not intended to be exhaustive, but rather to
provide a guide for readers regarding entities likely to be regulated
by this action. To determine whether your facility, company, business,
or organization could be regulated by this action, you should carefully
examine the regulations promulgated at 40 CFR part 82, subpart A. If
you have questions regarding the applicability of this action to a
particular entity, consult the person listed in the preceding section.

II. What does this correction do?

    In a final rule EPA published in the Federal Register of October
15, 2015, (80 FR 61985) EPA made two technical corrections to the
quarantine and preshipment recordkeeping and reporting provisions in
section 82.13(y) and (z). As discussed in that final rule, section
82.13(y) contained a reference to paragraph (aa) where it should
reference paragraph (y). Similarly, section 82.13(z) contained a
reference to paragraph (bb) where it should reference paragraph (z).
That rule corrected the typographical error and was not intended to
substantively change the recordkeeping and reporting requirements or
the quarantine and preshipment exemption program. In making that edit,
that rule inadvertently removed subparagraphs (y)(1)-(4) and (z)(1)-
(2). This correction restores those subparagraphs under (y) and (z).
The corrections will become effective immediately (without further
rulemaking action) on March 17, 2016.

III. Why is this correction issued as a final rule?

    Section 553(b)(B) of the Admin is tra tive Procedure Act (APA), 5
U.S.C. 553(b)(B), provides that, when an agency for good cause finds
that notice and public procedure are impracticable, unnecessary, or
contrary to the public interest, the agency may issue a rule without
providing notice and an opportunity for public comment. We have
determined that there is good cause for making today's action final
without prior proposal and opportunity for comment because the changes
to the rule are minor technical corrections and do not impose new
requirements. Thus, notice and public procedure are unnecessary. We
find that this constitutes good cause under 5 U.S.C. 553(b)(B).
    This rule is subject to the rulemaking procedures in section 553 of
the APA. Section 553(d) of the APA generally provides that rules may
not take effect earlier than 30 days after they are published in the
Federal Register. Section 553(d)(3) allows an agency, upon a finding of
good cause, to make a rule effective less than 30 days after
publication. The purpose of the 30-day waiting period prescribed in
section 553(d) is to give affected parties a reasonable time to adjust
their behavior and prepare before the final rule takes effect. Because
today's changes restore pre-existing provisions that are already
familiar to affected parties, we find good cause to make these
technical corrections effective immediately.

IV. Statutory and Executive Order and Statutory Reviews

    This final rule implements a technical correction to the Code of
Federal Regulations, and it does not otherwise impose or amend any
requirements.

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.

B. Paperwork Reduction Act (PRA)

    This action does not impose any new information collection burden
under the PRA. OMB has previously approved the information collection
activities contained in the existing regulations and has assigned OMB
control number 2060-0482. The application, recordkeeping, and reporting
requirements have already been established under previous methyl
bromide rulemakings.

C. Regulatory Flexibility Act (RFA)

    This action is not subject to the RFA. The RFA applies only to
rules subject to notice and comment rulemaking requirements under the
Administrative Procedure Act (APA), 5 U.S.C. 553, or any other statute.
This rule is not subject to notice and comment requirements because the
Agency has invoked the APA ``good cause'' exemption under 5 U.S.C.
553(b).

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538. The action imposes no enforceable duty on any
state, local or tribal governments or the private sector.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government. This is a
technical correction to restore text that was inadvertently removed
from the Code of Federal Regulations. This rule does not impose any
duties or responsibilities on state governments.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action does not have tribal implications as specified in
Executive Order 13175. This rule does not significantly or uniquely
affect the communities of Indian tribal governments nor does it impose
any enforceable duties on communities of Indian tribal governments.
Thus, Executive Order 13175 does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks

    This action is not subject to Executive Order 13045 because it is
not economically significant as defined in Executive Order 12866, and
because the Agency does not believe the environmental health or safety
risks addressed by this action present a disproportionate risk to
children.

H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use

    This action is not a ``significant energy action'' because it is
not likely to have a significant adverse effect on the supply,
distribution or use of energy. This action does not pertain to any
segment of the energy production economy nor does it regulate any
manner of energy use.

I. National Technology Transfer and Advancement Act

    This rulemaking does not involve technical standards.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    EPA believes this action will not have disproportionately high and
adverse human health or environmental effects on minority or low-income
populations because it affects the level of environmental protection
equally for all affected populations. This is a technical correction to
restore text that was inadvertently removed from the Code of Federal
Regulations.

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States.
    Section 808 allows the issuing agency to make a rule effective
sooner than otherwise provided by the CRA if the agency makes a good
cause finding that notice and public procedure is impracticable,
unnecessary or contrary to the public interest. This determination must
be supported by a brief statement (5 U.S.C. 808(2)). As stated
previously, EPA has made such a good cause finding, including the
reasons therefore, and established an effective date of March 17, 2016.
    EPA will submit a report containing this rule and other required
information to the U.S. Senate, the U.S. House of Representatives, and
the Comptroller General of the United States prior to publication of
the rule in the Federal Register.

List of Subjects in 40 CFR Part 82

    Environmental protection, Chemicals, Exports, Imports, Ozone
depletion.

    Dated: March 10, 2014.
Janet McCabe,
Acting Administrator for the Office of Air and Radiation.

    For the reasons stated in the preamble, 40 CFR part 82 is amended
as follows:

PART 82--PROTECTION OF STRATOSPHERIC OZONE

0
1. The authority citation for part 82 continues to read as follows:

    Authority: 42 U.S.C. 7414, 7601, 7671-7671q.

0
2. In Sec.  82.13, revise paragraphs (y) and (z) to read as follows:

Sec.  82.13  Recordkeeping and reporting requirements for class I
controlled substances.

* * * * *
    (y) Every distributor of methyl bromide (class I, Group VI
controlled substances) who purchases or receives a quantity produced or
imported solely for quarantine or preshipment applications under the
exemptions in this subpart must comply with recordkeeping and reporting
requirements specified in this paragraph (y).
    (1) Every distributor of methyl bromide must certify to the
producer or importer that quantities received that were produced or
imported solely for quarantine and preshipment applications under the
exemptions in this subpart will be used only for quarantine
applications or preshipment applications in accordance with the
definitions in this subpart.
    (2) Every distributor of a quantity of methyl bromide that was
produced or imported solely for quarantine or preshipment applications
under the exemptions in this subpart must receive from an applicator a
certification of the quantity of class I, Group VI controlled
substances ordered, prior to delivery of the quantity, stating that the
quantity will be used solely for quarantine or preshipment applications
in accordance with definitions in this subpart.
    (3) Every distributor of methyl bromide who receives a
certification from an applicator that the quantity ordered and
delivered will be used solely for quarantine and preshipment
applications in accordance with definitions in this subpart must
maintain the certifications as records for 3 years.
    (4) Every distributor of methyl bromide who receives a
certification from an applicator that the quantity ordered and
delivered will be used solely for quarantine and preshipment
applications in accordance with definitions in this subpart must report
to the Administrator within 45 days after the end of each quarter, the
total quantity delivered for which certifications were received that
stated the class I, Group VI controlled substance would be used solely
for quarantine and preshipment applications in accordance with
definitions in this Subpart.
    (z) Every applicator of class I, Group VI controlled substances who
purchases or receives a quantity produced or imported solely for
quarantine and preshipment applications under the exemptions in this
subpart must comply with recordkeeping and reporting

requirements specified in this paragraph (z).
    (1) Recordkeeping--Applicators. Every applicator of class I, Group
VI controlled substances produced or imported solely for quarantine and
preshipment applications under the exemptions of this subpart must
maintain, for every application, a document from the commodity owner,
shipper or their agent requesting the use of class I, Group VI
controlled substances citing the regulatory requirement that justifies
its use in accordance with definitions in this subpart. These documents
shall be retained for 3 years.
    (2) Reporting--Applicators. Every applicator of class I, Group VI
controlled substances who purchases or receives a quantity of class I,
Group VI controlled substance that was produced or imported solely for
quarantine and preshipment applications under the exemptions in this
subpart shall provide the distributor of the methyl bromide, prior to
shipment of the class I, Group VI controlled substance, with a
certification that the quantity of controlled substances will be used
only for quarantine and preshipment applications as defined in this
subpart.
* * * * *
[FR Doc. 2016-06065 Filed 3-16-16; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: August 17, 2010 (Volume 75, Number 158)]
[Notices]
[Page 50799-50800]
[DOCID:fr17au10-97]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-1999-5748; FMCSA-1999-6156; FMCSA-1999-6480; FMCSA-
2001-11426; FMCSA-2002-12294; FMCSA-2005-22194; FMCSA-2006-24015; FMCA-
2008-0106; FMCSA-2008-0174]

Qualification of Drivers; Exemption Applications; Vision

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

ACTION: Notice of renewal of exemptions; request for comments.

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SUMMARY: FMCSA announces its decision to renew the exemptions from the
vision requirement in the Federal Motor Carrier Safety Regulations for
18 individuals. FMCSA has statutory authority to exempt individuals
from the vision requirement if the exemptions granted will not
compromise safety. The Agency has concluded that granting these
exemption renewals will provide a level of safety that is equivalent
to, or greater than, the level of safety maintained without the
exemptions for these commercial motor vehicle (CMV) drivers.

DATES: This decision is effective September 9, 2010. Comments must be
received on or before September 16, 2010.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-1999-5748; FMCSA-1999-6156;
FMCSA-1999-6480; FMCSA-2001-11426; FMCSA-2002-12294; FMCSA-2005-22194;
FMCSA-2006-24015; FMCA-2008-0106; FMCSA-2008-0174, using any of the
following methods.
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the on-line instructions for submitting
comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., West Building Ground
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the
docket number for this Notice. Note that DOT posts all comments
received without change to http://www.regulations.gov, including any
personal information included in a comment. Please see the Privacy Act
heading below.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The FDMS is available 24 hours each day, 365
days each year. If you want acknowledgment that we received your
comments, please include a self-addressed, stamped envelope or postcard
or print the acknowledgement page that appears after submitting
comments on-line.
    Privacy Act: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review DOT's Privacy Act Statement for the Federal Docket
Management System published in the Federal Register on January 17, 2008
(73 FR 3316), or you may visit http://edocket.access.gpo.gov/2008/pdf/
E8-785.pdf.

FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director, Medical
Programs,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA, Department of
Transportation, 1200 New Jersey Avenue, SE., Room W64-224, Washington,
DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m. Monday through
Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may renew an exemption
from the vision requirements in 49 CFR 391.41(b)(10), which applies to
drivers of CMVs in interstate commerce, for a two-year period if it
finds ``such exemption would likely achieve a level of safety that is
equivalent to, or greater than, the level that would be achieved absent
such exemption.'' The procedures for requesting an exemption (including
renewals) are set out in 49 CFR part 381.

Exemption Decision

    This Notice addresses 18 individuals who have requested renewal of
their exemptions in accordance with FMCSA procedures. FMCSA has
evaluated these 18 applications for renewal on their merits and decided
to extend each exemption for a renewable two-year period. They are:

Juan D. Adame
Frank R. Berritto
Daniel K. Davis, III
Timothy J. Droeger
Robert E. Engel
James H. Facemyre
James M. Fairman
Gregory L. Farrar
Jeffrey M. Hall
Victor B. Hawks
Oskia D. Johnson
Richard W. O'Neill
Larry A. Priewe
Robert J. Szeman
Patrick D. Talley
Loren R. Walker
Kris Wells
Timothy J. Wilson

    The exemptions are extended subject to the following conditions:
(1) That each individual has a physical examination every year (a) by
an ophthalmologist or optometrist who attests that the vision in the
better eye continues to meet the standard in 49 CFR 391.41(b)(10), and
(b) by a medical examiner who attests that the individual is otherwise
physically qualified under 49 CFR 391.41; (2) that each individual
provides a copy of the ophthalmologist's or optometrist's report to the
medical examiner at the time of the annual medical examination; and (3)
that each individual provide a copy of the annual medical certification
to the employer for retention in the driver's qualification file and
retains a copy of the certification on his/her person while

driving for presentation to a duly authorized Federal, State, or local
enforcement official. Each exemption will be valid for two years unless
rescinded earlier by FMCSA. The exemption will be rescinded if: (1) The
person fails to comply with the terms and conditions of the exemption;
(2) the exemption has resulted in a lower level of safety than was
maintained before it was granted; or (3) continuation of the exemption
would not be consistent with the goals and objectives of 49 U.S.C.
31136(e) and 31315.

Basis for Renewing Exemptions

    Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no
longer than two years from its approval date and may be renewed upon
application for additional two year periods. In accordance with 49
U.S.C. 31136(e) and 31315, each of the 18 applicants has satisfied the
entry conditions for obtaining an exemption from the vision
requirements (64 FR 40404; 64 FR 55962; 67 FR 17102; 69 FR 51346; 71 FR
50970; 73 FR 61927; 64 FR 54948; 65 FR 159; 67 FR 10475; 69 FR 8260; 71
FR 19604; 73 FR 48275; 64 FR 68195; 65 FR 20251; 67 FR 38311; 67 FR
10471; 67 FR 19798; 67 FR 46016; 67 FR 57267; 70 FR 57353; 70 FR 72689;
71 FR 14566; 71 FR 30227; 73 FR 43818; 73 FR 35194; 73 FR 48273; 73 FR
38497; 73 FR 48271) Each of these 18 applicants has requested renewal
of the exemption and has submitted evidence showing that the vision in
the better eye continues to meet the standard specified at 49 CFR
391.41(b)(10) and that the vision impairment is stable. In addition, a
review of each record of safety while driving with the respective
vision deficiencies over the past two years indicates each applicant
continues to meet the vision exemption standards. These factors provide
an adequate basis for predicting each driver's ability to continue to
drive safely in interstate commerce. Therefore, FMCSA concludes that
extending the exemption for each renewal applicant for a period of two
years is likely to achieve a level of safety equal to that existing
without the exemption.

Request for Comments

    FMCSA will review comments received at any time concerning a
particular driver's safety record and determine if the continuation of
the exemption is consistent with the requirements at 49 U.S.C. 31136(e)
and 31315. However, FMCSA requests that interested parties with
specific data concerning the safety records of these drivers submit
comments by September 16, 2010.
    FMCSA believes that the requirements for a renewal of an exemption
under 49 U.S.C. 31136(e) and 31315 can be satisfied by initially
granting the renewal and then requesting and evaluating, if needed,
subsequent comments submitted by interested parties. As indicated
above, the Agency previously published Notices of final disposition
announcing its decision to exempt these 18 individuals from the vision
requirement in 49 CFR 391.41(b)(10). The final decision to grant an
exemption to each of these individuals was made on the merits of each
case and made only after careful consideration of the comments received
to its Notices of applications. The Notices of applications stated in
detail the qualifications, experience, and medical condition of each
applicant for an exemption from the vision requirements. That
information is available by consulting the above cited Federal Register
publications.
    Interested parties or organizations possessing information that
would otherwise show that any, or all, of these drivers are not
currently achieving the statutory level of safety should immediately
notify FMCSA. The Agency will evaluate any adverse evidence submitted
and, if safety is being compromised or if continuation of the exemption
would not be consistent with the goals and objectives of 49 U.S.C.
31136(e) and 31315, FMCSA will take immediate steps to revoke the
exemption of a driver.

    Issued on: August 9, 2010.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. 2010-20226 Filed 8-16-10; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 77, Number 166 (Monday, August 27, 2012)]
[Rules and Regulations]
[Pages 51705-51706]
[FR Doc No: 2012-21021]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 369

[Docket No. FMCSA-2012-0020]
RIN-2126-AB48

Rescission of Quarterly Financial Reporting Requirements

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

ACTION: Withdrawal of direct final rule.

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SUMMARY: FMCSA withdraws its June 27, 2012, direct final rule
eliminating the quarterly financial reporting requirements for certain
for-hire motor carriers of property (Form QFR) and for-hire motor
carriers of passengers (Form MP-1). After reviewing the adverse comment
received from SJ Consulting Group in response to the direct final rule,
the agency has determined that it would be inappropriate to allow the
direct final rule to take effect. The FMCSA intends to publish a notice
of proposed rulemaking in the near future proposing the elimination of
the quarterly financial reporting requirements for Form QFR and Form
MP-1.

DATES: The direct final rule published at 77 FR 38211, June 27, 2012 is
withdrawn, effective August 27, 2012.

FOR FURTHER INFORMATION CONTACT: Ms. Vivian Oliver, Office of Research
and Information Technology, Federal Motor Carrier Safety
Administration, 1200 New Jersey Ave. SE., Washington, DC 20590;
Telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Public Participation and Comments

A. Viewing Comments and Documents

    To view comments, go to http://www.regulations.gov/#!docketDetail;D=FMCSA-2012-0020. If you do not have access to the
Internet, you may also view the docket online by visiting the Docket
Management Facility in Room W12-140 on the ground floor of the
Department of Transportation 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.

B. Privacy Act

    Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008 issue of the
Federal Register (73 FR 3316).

II. Background

    On June 27, 2012, FMCSA published a direct final rule proposing to
eliminate the quarterly financial reporting requirements for certain
for-hire motor carriers of property (Form QFR) and for-hire motor
carriers of passengers (Form MP-1), if no adverse comments were
received by July 27, 2012. After

reviewing the one set of adverse comments received from SJ Consulting
Group, the agency has determined that it would be inappropriate to
allow the direct final rule to take effect.
    SJ Consulting Group stated that it uses the quarterly financial
information to advise motor carriers, shippers, and persons interested
in buying motor carriers. It argued that the quarterly reports provide
useful insight into the U.S. trucking industry, such as operating
statistics that are not available from other public sources,
particularly for private carriers. Although SJ Consulting conceded that
says some data on general demand and pricing trends are available from
other sources, it argued that quarterly data on the profitability of
carriers are essential in providing safe and timely service to
shippers, estimating future growth rates, and assessing opportunities
for profitable investment in the trucking industry. SJ Consulting has
used Form QFR reports for these purposes for many years.
    FMCSA Response: SJ Consulting submitted an adverse comment with an
explanation of why it disagrees with the direct final rule. For this
reason, FMCSA withdraws the direct final rule of June 27, 2012, based
on the adverse comments of SJ Consulting Group.

    Issued on: August 15, 2012.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2012-21021 Filed 8-24-12; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 87, Number 129 (Thursday, July 7, 2022)]
[Notices]
[Pages 40585-40588]
[FR Doc No: 2022-14464]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2022-0057]

Czinger Vehicles--Receipt of Petition for Temporary Exemption

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

ACTION: Notice of receipt of petition for temporary exemption; request
for public comment.

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

SUMMARY: Czinger Vehicles (Czinger) has petitioned NHTSA for a
temporary exemption from windshield requirements in Federal motor
vehicle safety standard (FMVSS) No. 205, Glazing materials. Czinger is
a low volume start-up manufacturer and seeks the exemption on the basis
that compliance with the standard would cause substantial economic
hardship. NHTSA is publishing this document in accordance with
statutory and administrative provisions and requests comment on the
merits of Czinger's exemption petition. NHTSA has made no judgement at
this time on the merits of the petition.

DATES: Comments must be received on or before August 8, 2022.

FOR FURTHER INFORMATION CONTACT: Callie Roach, Office of the Chief
Counsel, National Highway Traffic Safety Administration, 1200 New
Jersey Avenue SE, Washington, DC 20590. Telephone:<PHONE_NUMBER>; Fax:
202-366-3820.
    Comments: NHTSA invites you to submit comments on the petition
described herein and the questions posed below. You may submit comments
identified by docket number in the heading of this notice by any of the
following methods:
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, Room W12-140, 1200 New Jersey Avenue, SE, Washington,
DC 20590.
     Hand Delivery: 1200 New Jersey Avenue, SE, West Building
Ground Floor, Room W12-140, Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal Holidays. To be sure someone is
there to help you, please call<PHONE_NUMBER> before coming.
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
    Instructions: All submissions must include the agency name and
docket number. Note that all comments received will be posted without
change to http://www.regulations.gov, including any personal
information provided. Please see the Privacy Act discussion below.
NHTSA will consider all comments received before the close of business
on the comment closing date indicated above. To the extent possible,
NHTSA will also consider comments filed after the closing date.
    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov at any time or to
1200 New Jersey Avenue, SE, West Building Ground Floor, Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays. To be sure someone is there to help you,
please call<PHONE_NUMBER> before coming.
    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, to www.regulations.gov, as
described in the system of records notice, DOT/ALL-14 FDMS, accessible
through www.dot.gov/privacy. In order to facilitate comment tracking
and response, we encourage commenters to provide their name, or the
name of their organization; however, submission of names is completely
optional. Whether or not commenters identify themselves, all timely
comments will be fully considered. If you wish to provide comments
containing proprietary or confidential information, please contact the
agency for alternate submission instructions.
    Confidential Business Information: If you wish to submit any
information under a claim of confidentiality, see the detailed
instructions given under the Public Participation heading of the
Supplementary Information section of this document.

SUPPLEMENTARY INFORMATION:

I. Statutory and Regulatory Requirements

    NHTSA is responsible for promulgating and enforcing FMVSS designed
to improve motor vehicle safety. Generally, a manufacturer may not
manufacture for sale, sell, offer for sale, or introduce or deliver for
introduction into interstate commerce a vehicle that does not comply
with all applicable FMVSS.\1\ There are limited exceptions to this
general prohibition.\2\ One path permits manufacturers to petition
NHTSA for an exemption for noncompliant vehicles under specified set of
statutory bases.\3\
---------------------------------------------------------------------------

    \1\ 49 U.S.C. 30112(a)(1).
    \2\ 49 U.S.C. 30112(b); 49 U.S.C. 30113; 49 U.S.C. 30114.
    \3\ 49 U.S.C. 30113.
---------------------------------------------------------------------------

    The National Traffic and Motor Vehicle Safety Act (Safety Act),
codified at 49 U.S.C. Chapter 301, authorizes the Secretary of
Transportation to exempt, on a temporary basis and under specified
circumstances, and on terms the Secretary considers appropriate, motor
vehicles from a FMVSS or bumper standard. This authority is set forth
at 49 U.S.C. 30113. The Secretary has delegated the authority for
implementing this section to NHTSA.\4\
---------------------------------------------------------------------------

    \4\ 49 CFR 1.94.
---------------------------------------------------------------------------

    The Safety Act authorizes NHTSA (by delegation) to grant, in whole
or in part, a temporary exemption to a vehicle manufacturer if certain
specified findings are made.\5\ The agency must find that the exemption
is consistent with the public interest and the objectives of the Safety
Act.\6\ In addition, exemptions under Sec.  30113 must meet one of the
following bases:
---------------------------------------------------------------------------

    \5\ 49 U.S.C. 30113(b)(3).
    \6\ 49 U.S.C. 30113(b)(3)(A).
---------------------------------------------------------------------------

    (i) Compliance with the standard[s] [from which exemption is
sought] would cause substantial economic hardship to a manufacturer
that has tried to comply with the standard[s] in good faith;
    (ii) the exemption would make easier the development or field
evaluation of a new motor vehicle safety feature providing a safety
level at least equal to the safety level of the standard;
    (iii) the exemption would make the development or field evaluation
of a low-emission motor vehicle easier and would not unreasonably lower
the safety level of that vehicle; or
    (iv) compliance with the standard would prevent the manufacturer
from

selling a motor vehicle with an overall safety level at least equal to
the overall safety level of nonexempt vehicles.\7\
---------------------------------------------------------------------------

    \7\ 49 U.S.C. 30113(b)(3)(B).
---------------------------------------------------------------------------

    Czinger submitted its petition under the first of these bases,
asserting that compliance with the standard would cause it substantial
economic hardship and it has tried in good faith to comply with the
standard.
    NHTSA established 49 CFR part 555, Temporary Exemption from Motor
Vehicle Safety and Bumper Standards, to implement the statutory
provisions concerning temporary exemptions. The requirements in 49 CFR
555.5 state that the petitioner must set forth the basis of the
petition by providing the information required under 49 CFR 555.6, and
the reasons why the exemption would be in the public interest and
consistent with the objectives of the Safety Act. A petition submitted
under the substantial economic hardship basis must include the
following information, as specified in 49 CFR 555.6(a):
    (1) Engineering and financial information demonstrating in detail
how compliance or failure to obtain an exemption would cause
substantial economic hardship, including--
    (i) A list or description of each item of motor vehicle equipment
that would have to be modified in order to achieve compliance;
    (ii) The itemized estimated cost to modify each such item of motor
vehicle equipment if compliance were to be achieved--
    (A) As soon as possible,
    (B) At the end of a 1-year exemption period (if the petition is for
1 year or more),
    (C) At the end of a 2-year exemption period (if the petition is for
2 years or more),
    (D) At the end of a 3-year exemption period (if the petition is for
3 years),
    (iii) The estimated price increase per vehicle to balance the total
costs incurred pursuant to paragraph (a)(1)(ii) of this section and a
statement of the anticipated effect of each such price increase;
    (iv) Corporate balance sheets and income statements for the three
fiscal years immediately preceding the filing of the application;
    (v) Projected balance sheet and income statement for the fiscal
year following a denial of the application; and
    (vi) A discussion of any other hardships (e.g., loss of market,
difficulty of obtaining goods and services for compliance) that the
petitioner desires the agency to consider.
    (2) A description of its efforts to comply with the standards,
including--
    (i) A chronological analysis of such efforts showing its
relationship to the rulemaking history of the standard from which
exemption is sought;
    (ii) A discussion of alternate means of compliance considered and
the reasons for rejection of each;
    (iii) A discussion of any other factors (e.g., the resources
available to the petitioner, inability to procure goods and services
necessary for compliance following a timely request) that the
petitioner desires the NHTSA to consider in deciding whether the
petitioner tried in good faith to comply with the standard;
    (iv) A description of the steps to be taken, while the exemption is
in effect, and the estimated date by which full compliance will be
achieved either by design changes or termination of production of
nonconforming vehicles; and
    (v) The total number of motor vehicles produced by or on behalf of
the petitioner in the 12-month period prior to filing the petition, and
the inclusive dates of the period. (49 U.S.C. 30113(d) limits
eligibility for exemption on the basis of economic hardship to
manufacturers whose total motor vehicle production in the year
preceding the filing of their applications does not exceed 10,000.)

II. Czinger's Petition

    The following discussion provides: An overview of Czinger's
petition; a brief summary of the information Czinger submitted to
demonstrate that compliance would cause it substantial economic
hardship, the efforts Czinger has made to comply with the standard, and
Czinger's arguments that granting the petition would be in the public
interest. Because Czinger has sought confidential treatment of some
aspects of its petition, a redacted version of its petition is included
in the docket referenced at the beginning of this notice. NHTSA notes
that any of the descriptions provided in this section were provided by
Czinger in its petition and do not necessarily reflect the views of
NHTSA.

A. Overview of the Czinger's Petition

    On December 12, 2021, Czinger submitted a petition for exemption
under 49 CFR part 555 for a temporary exemption from parts of FMVSS No.
205, Glazing materials. Specifically, Czinger is requesting an
exemption from requirements for glazing to be used in windshields of
Czinger's 21C model on the basis that compliance with the standard
would cause substantial economic hardship.\8\ Czinger is seeking a
temporary exemption for three years to allow Czinger to produce 55
noncompliant vehicles. Czinger states that all glazing on the 21C will
be compliant with FMVSS No. 205 with the exception of the
windshield.\9\ Czinger states that it believes that the only
requirements with which the windshield will not comply are those
regarding abrasion resistance.\10\ As described in Czinger's petition,
the windshield for the 21C is made from polycarbonate to accommodate
the windshield's unique shape.\11\
---------------------------------------------------------------------------

    \8\ Czinger petition at page 4.
    \9\ Id.
    \10\ Id. Czinger notes in their petition that the abrasion
requirements may still be met as development is ongoing.
    \11\ Id. at page 9.
---------------------------------------------------------------------------

    Czinger states that it is a very small volume start-up producer of
innovative sports cars and has not yet started manufacturing.\12\ Once
production starts in 2023, Czinger states that it will produce
approximately 50 cars per year worldwide.\13\ The forecasted production
and US sales estimates provided by Czinger indicate that, for the three
years for which Czinger is requesting a temporary exemption, Czinger
expects to sell a total of 55 vehicles to the U.S. market.\14\ Czinger
states that its 21C model vehicle is presently under development and
describes it as a Hypercar comprised of lightweight materials and a
power-dense production internal combustion engine.\15\ Czinger further
explains that the vehicle is produced using Additive Manufacturing (AM)
technology (the industrial production name for 3D printing), which
Czinger asserts requires less material, less energy, and less
infrastructure than current, widely used, production techniques.\16\
---------------------------------------------------------------------------

    \12\ Id. at page 3.
    \13\ Id.
    \14\ Id. at page 6. Czinger's forecasted production for Model
Years 2023, 2024, and 2025 is 20 vehicles, 50 vehicles, and 10
vehicles respectively, with an estimated 10 vehicles, 35 vehicles,
and 10 vehicles sold in the U.S. in those years.
    \15\ Id. at page 3.
    \16\ Id.
---------------------------------------------------------------------------

B. Substantial Economic Hardship

    To be eligible for a temporary exemption under the substantial
economic hardship basis, the petitioner's total motor vehicle
production in the most recent year of production must be not more than
10,000 vehicles.\17\ To demonstrate compliance with this requirement,
and pursuant to 49 CFR 555.6(a)(2)(v),

Czinger stated that it has not produced any motor vehicles to date.\18\
---------------------------------------------------------------------------

    \17\ 49 U.S.C. 30113(d).
    \18\ Czinger petition at page 4.
---------------------------------------------------------------------------

    In support of its claim that compliance with the windshield
requirements would cause substantial economic hardship, Czinger states
that it is experiencing substantial economic hardship, which would be
exacerbated by the denial of its exemption petition.\19\ Czinger states
that it has 35 employees and has been operating since 2021 without any
sales.\20\ Czinger states that, in a best-case scenario, the company
will have two additional years with high expenses and no sales while
product development for the 21C is completed.\21\
---------------------------------------------------------------------------

    \19\ Id. at page 6.
    \20\ Id.
    \21\ Id.
---------------------------------------------------------------------------

    Czinger states that compliance with the standard will result in an
extra loss of $38 million.\22\ Czinger explains that the additional
loss would result from an additional $3.7 million in research in
development costs, a 6-month delay bringing their product to market,
and a 15% loss of 21C sales due to the car's modified aesthetics
(necessitated by a laminated windshield).\23\
---------------------------------------------------------------------------

    \22\ Id. at page 7.
    \23\ Id.
---------------------------------------------------------------------------

    In further support of its petition, Czinger notes that it has been
enduring the pandemic and supply chain issues which, Czinger states,
are straining even established OEMs.\24\ As a startup, Czinger states
that it needs flexibility to endure these challenges.\25\
---------------------------------------------------------------------------

    \24\ Id. at page 8.
    \25\ Id.
---------------------------------------------------------------------------

C. Good Faith Efforts To Comply

    Pursuant to 49 CFR 555.6(a)(2), a petition for a temporary
exemption made under the substantial economic hardship basis must
include a description of the petitioner's efforts to comply with the
standard for which the exemption is sought. In support of its petition,
Czinger asserts that it has put considerable good faith efforts into
FMVSS compliance.\26\
---------------------------------------------------------------------------

    \26\ Id.
---------------------------------------------------------------------------

    Czinger states that the 21C has been designed with in-line seating
for two occupants.\27\ The central seating position, Czinger explains,
allows for an extremely streamlined frontal profile, reducing drag and
improving fuel economy, as well as improving performance.\28\ Czinger
states that this ``fighter jet'' design has been highly regarded by
media, and more significantly, prospective clients.\29\
---------------------------------------------------------------------------

    \27\ Id.
    \28\ Id.
    \29\ Id.
---------------------------------------------------------------------------

    Czinger states that the wrap-around cockpit is realized by a unique
double curvature windscreen, which during prototype stage, was produced
in polycarbonate by a supplier in Europe, Iscolima.\30\ Czinger states
that the hard polycarbonate material passes European requirements in
accordance with ECE R43, including impact performance and abrasion haze
resistance.\31\ Czinger states that because of the extreme size and
shape of the 21C windshield, its supplier, Iscolima, has informed
Czinger that the windshield must be produced in polycarbonate.\32\
---------------------------------------------------------------------------

    \30\ Id.
    \31\ Id.
    \32\ Id. at page 9.
---------------------------------------------------------------------------

    Czinger also states that at an early stage in the development of
the 21C, their supplier Isoclima indicated that it believed the
polycarbonate windshield would meet regulatory requirements for the USA
market.\33\ Czinger states that, based on this information, Czinger
proceeded with the polycarbonate windshield development.\34\
---------------------------------------------------------------------------

    \33\ Id.
    \34\ Id.
---------------------------------------------------------------------------

    Czinger also states that, despite Iscolima's opinion that the shape
of the 21C windshield could not be produced in laminated glass, Czinger
invested time and money trying to develop, with the help of multiple
suppliers, the planned windshield shape in laminated glass.\35\ These
efforts, Czinger states, have not been successful.\36\
---------------------------------------------------------------------------

    \35\ Id.
    \36\ Id.
---------------------------------------------------------------------------

D. Czinger's Public Interest Argument

    Czinger asserts that granting their petitions is consistent with
the public interest and the Safety Act for the following reasons:
    1. The 21C model range will comply with all FMVSS other than the
windshield requirements in FMVSS 205.\37\
---------------------------------------------------------------------------

    \37\ Id. at page 10.
---------------------------------------------------------------------------

    2. The exempted cars will have a windshield that meets all EU
requirements.\38\
---------------------------------------------------------------------------

    \38\ Id.
---------------------------------------------------------------------------

    3. The exempted cars will not present an unacceptable safety
risk.\39\
---------------------------------------------------------------------------

    \39\ Id. at pages 10-11.
---------------------------------------------------------------------------

    4. The 21C will be produced in the US in very low numbers and will
not be used daily due to its unconventional design.\40\
---------------------------------------------------------------------------

    \40\ Id. at page 11.
---------------------------------------------------------------------------

    5. The denial of the exemption request could have a negative effect
on US employment.\41\
---------------------------------------------------------------------------

    \41\ Id.
---------------------------------------------------------------------------

    6. The 21C's innovative technology is a benefit to the public.\42\
---------------------------------------------------------------------------

    \42\ Id at page 12.
---------------------------------------------------------------------------

III. Agency's Review of Czinger's Petition

    NHTSA has not yet made any judgment on the merits of Czinger's
petition nor on the adequacy of the information submitted. NHTSA will
assess the merits of the petition and consider public comments on the
petition, as well as any additional information that the agency
receives from Czinger. NHTSA is placing a non-confidential copy of the
petition in the docket in accordance with statutory and administrative
provisions.

IV. Public Participation

A. Request for Comment and Comment Period

    The agency seeks comment from the public on the merits of Czinger's
petition for a temporary exemption from portions of FMVSS No. 205.
    NHTSA is providing a 30-day comment period. After conducting a
review of the adequacy for the justification for the petition and
considering public comments, NHTSA will publish a decision notice
regarding the petition in the Federal Register.

B. Instructions for Submitting Comments

How long do I have to submit comments?
    Please see DATES section at the beginning of this document.
How do I prepare and submit comments?
     Your comments must be written in English.
     To ensure that your comments are correctly filed in the
Docket, please include the Docket Number shown at the beginning of this
document in your comments.
     If you are submitting comments electronically as a PDF
(Adobe) File, NHTSA asks that the documents be submitted using the
Optical Character Recognition (OCR) process, thus allowing NHTSA to
search and copy certain portions of your submissions. Comments may be
submitted to the docket electronically by logging onto the Docket
Management System website at http://www.regulations.gov. Follow the
online instructions for submitting comments.
     You may also submit two copies of your comments, including
the attachments, to Docket Management at the address given above under
ADDRESSES.
    Please note that pursuant to the Data Quality Act, in order for
substantive data to be relied upon and used by the agency, it must meet
the information

quality standards set forth in the OMB and DOT Data Quality Act
guidelines. Accordingly, we encourage you to consult the guidelines in
preparing your comments. OMB's guidelines may be accessed at http://www.whitehouse.gov/omb/fedreg/reproducible.html. DOT's guidelines may
be accessed at http://www.bts.gov/programs/statistical_policy_and_research/data_quality_guidelines.
How do I submit confidential business information?
    If you wish to submit any information under a claim of
confidentiality, you should submit three copies of your complete
submission, including the information you claim to be confidential
business information, to the Chief Counsel, NHTSA, at the address given
above under FOR FURTHER INFORMATION CONTACT. In addition, you should
submit two copies, from which you have deleted the claimed confidential
business information, to Docket Management at the address given above
under ADDRESSES. When you send a comment containing information claimed
to be confidential business information, you should include a cover
letter setting forth the information specified in our confidential
business information regulation. (49 CFR part 512). To facilitate
social distancing during COVID-19, NHTSA is temporarily accepting
confidential business information electronically. Please see https://www.nhtsa.gov/coronavirus/submission-confidential-business-information
for details.
Will the Agency consider late comments?
    We will consider all comments that Docket Management receives
before the close of business on the comment closing date indicated
above under DATES. To the extent possible, we will also consider
comments that Docket Management receives after that date.
How can I read the comments submitted by other people?
    You may see the comments on the internet. To read the comments on
the internet, go to http://www.regulations.gov. Follow the online
instructions for accessing the dockets.
    Please note that, even after the comment closing date, we will
continue to file relevant information in the Docket as it becomes
available. Further, some people may submit late comments. Accordingly,
we recommend that you periodically check the Docket for new material.

    Authority: 49 U.S.C. 30113 and 49 U.S.C. 30166; delegations of
authority at 49 CFR 1.95 and 49 CFR 501.5.

    Issued in Washington, DC, under authority delegated in 49 CFR
1.95 and 501.8.
Steven S. Cliff,
Administrator.
[FR Doc. 2022-14464 Filed 7-6-22; 8:45 am]
BILLING CODE 4910-59-P


[Federal Register: May 7, 2008 (Volume 73, Number 89)]
[Notices]
[Page 25752-25753]
[DOCID:fr07my08-86]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2008-D-0228] (formerly Docket No. 00D-1401)

Guidance for Industry and Food and Drug Administration Staff;
Administrative Procedures for CLIA Categorization; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION:  Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing the
availability of the guidance entitled ``Administrative Procedures for
CLIA Categorization.'' The guidance describes FDA's current practices
concerning the administrative aspects of categorizing commercially
available in vitro diagnostic tests under the Clinical Laboratory
Improvement Amendments of 1988 (CLIA). The guidance discusses what
manufacturers should submit to help expedite CLIA categorization by
FDA.

DATES:  Submit written or electronic comments on this guidance at any
time. General comments on agency guidance documents are welcome at any
time.

ADDRESSES:  Submit written requests for single copies of the guidance
document entitled ``Administrative Procedures for CLIA Categorization''
to the Division of Small Manufacturers, International, and Consumer
Assistance (HFZ-220), Center for Devices and Radiological Health, Food
and Drug Administration, 1350 Piccard Dr., Rockville, MD 20850. Send
one self-addressed adhesive label to assist the office in processing
your request, or fax your request to<PHONE_NUMBER>. See the
SUPPLEMENTARY INFORMATION section for information on electronic access
to the guidance.
    Submit written comments concerning this guidance to the Division of
Dockets Management (HFA-305), Food and Drug Administration, 5630
Fishers Lane, rm. 1061, Rockville, MD 20852. Submit electronic comments
to http://www.regulations.gov. Identify comments with the docket number
found in brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT:  Carol Benson, Center for Devices and
Radiological Health (HFZ-440), Food and Drug Administration, 2098
Gaither Rd., Rockville, MD 20850,<PHONE_NUMBER>, ext. 117.

SUPPLEMENTARY INFORMATION:

I. Background

    On February 28, 1992, the Department of Health and Human Services
published the final laboratory standards regulations (57 FR 7002)
implementing CLIA (42 U.S.C. 263a). The implementing regulations are
codified at 42 CFR part 493. CLIA regulates laboratory testing and
requires that clinical laboratories obtain a certificate

before accepting materials derived from the human body for the purpose
of providing information for the diagnosis, prevention, or treatment of
any disease or the impairment of, or assessment of the health of human
beings. The type of CLIA certificate a laboratory obtains depends upon
the complexity of the tests it performs. CLIA regulations describe
three levels of test complexity: Waived tests, moderate complexity
tests, and high complexity tests.
    On January 31, 2000, the responsibility for categorization of
commercially marketed in vitro diagnostic (IVD) tests was transferred
from the Centers for Disease Control and Prevention to FDA (64 FR
73561, December 30, 1999). This allows IVD test manufacturers to submit
premarket (510(k)) notifications or applications and requests for
complexity categorization under CLIA to one agency. This notice
announces the availability of a guidance document that describes the
general administrative procedures FDA uses to assign a device's
complexity category under CLIA.
    The draft of this guidance was issued August 14, 2000, and the
comment period closed on November 13, 2000. FDA did not receive any
comments concerning the ``Draft Guidance on Administrative Procedures
for CLIA Categorization.'' In preparing the final guidance, however,
FDA needed to obtain an approval for a new collection of information
from the Office of Management and Budget (OMB). We obtained this
approval (see section IV. Paperwork Reduction Act of 1995) and are now
issuing the final guidance. Updates added to the guidance include a
revised background section and procedures for CLIA categorization for
510(k) submissions submitted electronically. The guidance also notes
that manufacturers who wish to request CLIA waiver for a device (other
than those devices already waived under 42 CFR 493.15), should refer to
the guidance entitled ``Guidance for Industry and FDA Staff:
Recommendations for Clinical Laboratory Improvement Amendments of 1988
(CLIA) Waiver Applications for Manufacturers of In Vitro Diagnostic
Devices,'' issued in January 2008.

II. Significance of Guidance

    This guidance is being issued consistent with FDA's good guidance
practices regulation (21 CFR 10.115). The guidance represents the
agency's current thinking on administrative procedures for CLIA
categorization. It does not create or confer any rights for or on any
person and does not operate to bind FDA or the public. An alternative
approach may be used if such approach satisfies the requirements of the
applicable statute and regulations.

III. Electronic Access

    Persons interested in obtaining a copy of the guidance may do so by
using the Internet. To receive ``Administrative Procedures for CLIA
Categorization,'' you may either send an e-mail request to
<EMAIL_ADDRESS>to receive an electronic copy of the document or
send a fax request to<PHONE_NUMBER> to receive a hard copy. Please use
the document number 1143 to identify the guidance you are requesting.
    CDRH maintains an entry on the Internet for easy access to
information including text, graphics, and files that may be downloaded
to a personal computer with Internet access. Updated on a regular
basis, the CDRH home page includes device safety alerts, Federal
Register reprints, information on premarket submissions (including
lists of approved applications and manufacturers' addresses), small
manufacturer's assistance, information on video conferencing and
electronic submissions, Mammography Matters, and other device-oriented
information. The CDRH web site may be accessed at http://www.fda.gov/
cdrh. A search capability for all CDRH guidance documents is available
at http://www.fda.gov/cdrh/guidance.html. Guidance documents are also
available at http://www.regulations.gov.

IV. Paperwork Reduction Act of 1995

    This guidance contains information collection provisions that are
subject to review by OMB under the Paperwork Reduction Act of 1995 (44
U.S.C. 3501-3520). The collections of information in this guidance were
approved under OMB control number 0910-0607.

V. Comments

    Interested persons may submit to the Division of Dockets Management
(see ADDRESSES) written or electronic comments regarding this document.
Submit a single copy of electronic comments or two paper copies of any
mailed comments, except that individuals may submit one paper copy.
Comments are to be identified with the docket number found in brackets
in the heading of this document. Received comments may be seen in the
Division of Dockets Management between 9 a.m. and 4 p.m., Monday
through Friday.
    Please note that on January 15, 2008, the FDA Division of Dockets
Management Web site transitioned to the Federal Dockets Management
System (FDMS). FDMS is a Government-wide, electronic docket management
system. Electronic comments or submissions will be accepted by FDA only
through FDMS at http://www.regulations.gov.

    Dated: April 30, 2008.
Jeffrey Shuren,
Associate Commissioner for Policy and Planning.
[FR Doc. E8-10178 Filed 5-6-08; 8:45 am]

BILLING CODE 4160-01-S


[Federal Register: February 2, 2007 (Volume 72, Number 22)]
[Rules and Regulations]
[Page 4963]
[DOCID:fr02fe07-12]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2006-0175; FRL-8111-3]

Withdrawal of Direct Final Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: Because EPA has received adverse comments, the Agency is
withdrawing the direct final rule excepting from the definitions of
``pesticide chemical'' and ``pesticide chemical residue'' under section
201(q) of the Federal Food, Drug and Cosmetic Act (FFDCA) food
packaging (e.g., paper and paperboard, coatings, adhesives, and
polymers) that is treated with a pesticide. The rule was published on
December 6, 2006 (71 FR 70667) (FRL-8084-2). We stated in that direct
final rule that if EPA received adverse comment by January 5, 2007, the
Agency would publish a timely withdrawal in the Federal Register. We
subsequently received adverse comment on that direct final rule and are
therefore withdrawing the rule. EPA may issue a notice of proposed
rulemaking in a future edition of the Federal Register to initiate
action to repromulgate the rule provisions that are being withdrawn
today. In any such action, EPA would address the adverse comments it
received on the direct final rule.

DATES: The direct final rule published at 71 FR 70667, December 6,
2006, is withdrawn, effective January 25, 2007.

FOR FURTHER INFORMATION CONTACT: Mari L. Duggard, Biopesticides and
Pollution Prevention Division (7511P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave.,
N.W.,Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: EPA issued a direct final rule in the
Federal Register of December 6, 2006 excepting from the definitions of
``pesticide chemical'' and ``pesticide chemical residue'' under section
201(q) of the FFDCA, food packaging (e.g., paper and paperboard,
coatings, adhesives, and polymers) that is treated with a pesticide. We
received adverse comment on that direct final rule and are therefore
withdrawing the rule. EPA may issue a notice of proposed rulemaking in
a future edition of the Federal Register to initiate action to
repromulgate the rule provisions that are being withdrawn today. In any
such action, EPA would address the adverse comments it received on the
direct final rule.
    Accordingly, the amendment to 40 CFR 180.4 published in the Federal
Register on December 6, 2006 (71 FR 70667) is withdrawn effective
January 25, 2007.
    The Adverse comment is publicly available available either in the
electronic docket at http://www.regulations.gov, or, if only available

in hard copy, at the OPP Regulatory Public Docket in Rm. S-4400, One
Potomac Yard (South Building), 2777 S. Crystal Drive, Arlington, VA.
The hours of operation of this Docket Facility are from 8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays. The Docket
telephone number is<PHONE_NUMBER>.

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and record-
keeping requirements.

    Dated: January 17, 2007.
Janet L. Andersen,
Division Director, Biopesticides and Pollution Prevention Division,
Office of Pesticide Programs.
[FR Doc. 07-485 Filed 1-31-07; 12:19 pm]

BILLING CODE 6560-50-S


[Federal Register Volume 76, Number 170 (Thursday, September 1, 2011)]
[Notices]
[Page 54520]
[FR Doc No: 2011-22534]

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SECURITIES AND EXCHANGE COMMISSION

[File No. 500-1]

Somerset International Group, Inc.; Order of Suspension of
Trading

August 30, 2011.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Somerset International Group, Inc.
    The Commission is of the opinion that the public interest and the
protection of investors require a suspension of trading in the
securities of the above-listed company.
    Therefore, it is ordered, pursuant to Section 12(k) of the
Securities Exchange Act of 1934, that trading in the securities of the
above-listed company is suspended for the period from 9:30 a.m. EDT on
August 30, 2011, through 11:59 p.m. EDT on September 13, 2011.

    By the Commission.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2011-22534 Filed 8-30-11; 4:15 pm]
BILLING CODE 8011-01-P


[Federal Register: March 11, 2008 (Volume 73, Number 48)]
[Notices]
[Page 12971-12972]
[DOCID:fr11mr08-46]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings  1

March 3, 2008.
    Take notice that the Commission received the following electric
rate filings:
     Docket Numbers: ER01-642-010; ER07-312-002; ER01-1335-012; ER01-
1011-014.
     Applicants: CottonWood Energy Company LP; Dogwood Energy LLC;
Magnolia Energy LP; Redbud Energy LP.
     Description: Cottonwood Energy Co, LP et al. submits notice of
change in status under ER01-642 et al.
     Filed Date: 02/12/2008
     Accession Number: 20080214-0047.
     Comment Date: 5 p.m. Eastern Time on Tuesday, March 11, 2008.

     Docket Numbers: ER06-758-004; ER08-201-002; ER06-635-003; ER02-
237-010; ER08-202-002; ER95-1007-022; ER01-2741-007; ER07-34-004; ER03-
1151-006; ER00-2235-004; ER99-3320-007; ER06-759-003; ER03-922-007;
ER06-634-003.
     Applicants: Chambers Cogeneration, Limited Partnership; Cogentrix
Virginia Leasing Corporation; Edgecombe Genco, LLC; J. Aron & Company;
James River Cogeneration Company, LLC; Logan Generating Company, LP;
Plains End, LLC; Plains End II, LLC; Power Receivable Finance, LLC;
Quachita Power, LLC; Rathdrum Power, LLC; Selkirk Cogen Partners, L.P.;
Southaven Power, LLC; Spruance Genco, LLC.
     Description: Chambers Cogenerations, Limted Partnership submits a
notice of non-material change in status.
     Filed Date: 02/28/2008.
     Accession Number: 20080229-0090.
     Comment Date: 5 p.m. Eastern Time on Thursday, March 20, 2008.

     Docket Numbers: ER02-1695-005; ER01-2742-007; ER02-2309-004.
     Applicants: Cabazon Wind Partners, LLC; Rock River I, LLC;
Whitewater Hill Wind Partners LLC.
     Description: Cabazon Wind Partners et al. submits a notice of non-
material change in status.
     Filed Date: 02/28/2008.
     Accession Number: 20080229-0091.
     Comment Date: 5 p.m. Eastern Time on Thursday, March 20, 2008.

     Docket Numbers: ER04-708-005.
     Applicants: Horsehead Corp.
     Description: Horsehead Corp. submits revisions to its market-based
rate schedule and notice of non-material change in status in connection
with the transaction approved by the Commission in Docket EC08-29.
     Filed Date: 02/28/2008
     Accession Number: 20080229-0092.
     Comment Date: 5 p.m. Eastern Time on Thursday, March 20, 2008.

     Docket Numbers: ER08-149-001.
     Applicants: Northeast Utilities Service Company.
     Description: Compliance Filing of Northeast Utilities Service
Company containing supplemental information regarding deferred Regional
Transmission Organization formation costs.
     Filed Date: 02/12/2008.
     Accession Number: 20080212-5039.
     Comment Date: 5 p.m. Eastern Time on Friday, March 14, 2008.

     Docket Numbers: ER08-364-001.
     Applicants: APX, Inc.
     Description: APX Inc. submits a non-material change status.
     Filed Date: 02/28/2008.
     Accession Number: 20080229-0093.
     Comment Date: 5 p.m. Eastern Time on Thursday, March 20, 2008.

     Docket Numbers: ER08-514-001.
     Applicants: Arizona Public Service Company.
     Description: Withdrawal of Application of Arizona Public Service
Company.
     Filed Date: 02/28/2008
     Accession Number: 20080228-5068.
     Comment Date: 5 p.m. Eastern Time on Thursday, March 20, 2008.

     Docket Numbers: ER08-558-001.
     Applicants: WSPP Inc.
     Description: Entergy Texas Inc. requests that the Commission
accept an amendment to the WSPP Agreement and include ETI as a
participant.
     Filed Date: 02/28/2008.
     Accession Number: 20080229-0094.
     Comment Date: 5 p.m. Eastern Time on Thursday, March 20, 2008.

     Docket Numbers: ER08-611-000.
     Applicants: Niagara Mohawk Power Corporation.
     Description: Niagara Mohawk Power Corp. submits an executed
Agreement for Substation Services with Nine Mile Point Nuclear Station,
LLC.
     Filed Date: 02/28/2008.
     Accession Number: 20080229-0084.
     Comment Date: 5 p.m. Eastern Time on Thursday, March 20, 2008.

     Docket Numbers: ER08-612-000.
     Applicants: Arizona Public Service Company.
     Description: Arizona Public Service Company submits a Notice of
Cancellation of a Lease Power Agreement dated 3/1/02 with Electrical
District 1 of Pinal County, AZ etc.
     Filed Date: 02/28/2008.
     Accession Number: 20080229-0085.
     Comment Date: 5 p.m. Eastern Time on Thursday, March 20, 2008.

     Docket Numbers: ER08-613-000.
     Applicants: Niagara Mohawk Power Corporation.
     Description: Niagara Mohawk Power Corp. submits executed
Facilities Agreement with Power Authority of the State of New York
dated 7/23/01.
     Filed Date: 02/28/2008.
     Accession Number: 20080229-0086.
     Comment Date: 5 p.m. Eastern Time on Thursday, March 20, 2008.

     Docket Numbers: ER08-614-000.
     Applicants: PJM Interconnection, LLC.
     Description: PJM Interconnection, LLC submits an executed
interconnection service agreement with North Allegheny Wind, LLC et al.
     Filed Date: 02/28/2008.
     Accession Number: 20080229-0087.
     Comment Date: 5 p.m. Eastern Time on Thursday, March 20, 2008.

    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,

interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://
www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed dockets(s). For assistance
with any FERC Online service, please e-mail<EMAIL_ADDRESS>
or call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
 [FR Doc. E8-4746 Filed 3-10-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: September 26, 2005 (Volume 70, Number 185)]
[Notices]
[Page 56194-56196]
[DOCID:fr26se05-73]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-52470; File No. SR-Amex-2005-090]

Self-Regulatory Organizations; American Stock Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change to
Adopt Options Licensing Fees for Spade Defense Index Option

September 19, 2005.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on September 9, 2005, the American Stock Exchange, Inc. (``Amex'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II
and III below, which Items have been prepared by Amex. Amex submitted
the proposed rule change under Section 19(b)(3)(A) of the Act \3\ and
Rule 19b-4(f)(2) thereunder,\4\ which renders the proposal effective
upon filing with the Commission. 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.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

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

    The Exchange proposes to modify its options fee schedule by
adopting a per-contract side licensing fee for the orders of
specialists, registered options traders (``ROTs''), firms, non-member
market makers, and broker-dealers in connection with transactions in
Spade Defense Index options (symbol: DXS).
    The text of the proposed rule change is available on Amex's Web
site http://www.amex.com, at Amex's principal office, and at the

Commission's Public Reference Room.

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

    In its filing with the Commission, Amex 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. Amex 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
    The Exchange has entered into numerous license agreements with
issuers and owners of indexes for the purpose of trading options on
certain exchange-traded funds (``ETFs'') and securities indexes. The
requirement to pay an index licensing fee to third parties is a
condition to the listing and trading of these ETF and index options. In
many cases, the Exchange is required to pay a significant licensing fee
to issuers or index owners that may not be reimbursed. In an effort to
recoup the costs associated with certain index licenses, the Exchange
has established a per-contract side licensing fee for the orders of
specialists, ROTs, firms, non-member market makers, and broker-dealers
collected on every transaction in certain designated products in which
such market participant is a party.\5\
---------------------------------------------------------------------------

    \5\ See File No. SR-Amex-2005-087 (filed on August 31, 2004, and
pending before the Commission).
---------------------------------------------------------------------------

    The purpose of the proposal is to charge a per-contract side
licensing fee in connection with transactions in the Spade Defense
Index options. Specifically, Amex seeks to charge an options licensing
fee of $0.09 per contract side for specialist, ROT, firm, non-member
market maker, and broker-dealer orders executed on the Exchange in
connection with the Spade Defense Index options. In all cases, the fees
set forth in the Options Fee Schedule are charged only to Exchange
members through whom the orders are placed.
    The proposed options licensing fee will allow the Exchange to
recoup its costs in connection with index licensing fees for the
trading of the Spade Defense Index options. The fee will be collected
on every Spade Defense Index option order of a specialist, ROT, firm,
non-member market maker, and broker-dealer executed on the Exchange.
The Exchange believes that collection of a per-contract side licensing
fee in connection with Spade Defense Index options orders placed by
those market participants that are the beneficiaries of the Exchange's
index license agreements is justified and consistent with the rules of
the Exchange.
    The Exchange notes that Amex in recent years has revised a number
of fees to better align Exchange fees with the actual cost of
delivering services and to reduce Exchange subsidies of such
services.\6\ Implementation of this proposal is consistent with the
reduction and/or elimination of these subsidies. Amex believes that
this fee will help to allocate to those market participants offering
Spade Defense Index options a fair share of the related costs of
offering such options. In connection with the adoption of an options
licensing fee for the Spade Defense Index options, the Exchange notes
that the proposal will better align its licensing fees with its
competitors. The Exchange also maintains that charging an options
licensing fee, where applicable, for all market participant orders
executed on the Exchange except for customer orders is reasonable given
the competitive pressures in the industry. Accordingly, the Exchange
seeks, through this proposal, to better align its charges with the cost
of providing these products and maintaining the trading floor and
systems.
---------------------------------------------------------------------------

    \6\ See Securities Exchange Act Release Nos. 45360 (January 29,
2002), 67 FR 5626 (February 6, 2002) and 44286 (May 9, 2001), 66 FR
27187 (May 16, 2001).
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that its proposed rule change is consistent
with Section 6(b) of the Act,\7\ in general, and furthers the
objectives of Section 6(b)(4) of the Act,\8\ in particular, regarding
the equitable allocation of reasonable dues, fees, and other charges
among exchange members and other persons using exchange facilities.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

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 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

    The Exchange has neither solicited nor received comments on the
proposed rule change.

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

    The proposed rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act \9\ and subparagraph (f)(2) of Rule 19b-4
thereunder,\10\ because it establishes or changes a due, fee, or other
charge imposed by Amex. At any time within 60 days of the filing of the
proposed rule change, the Commission may summarily abrogate such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(a)(ii).
    \10\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

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-Amex-2005-090 on the subject line.

Paper Comments

     Send paper comments in triplicate to Jonathan G. Katz,
Secretary, Securities and Exchange Commission, Station Place, 100 F
Street, NE., Washington, DC 20549-9303.
    All submissions should refer to File Number SR-Amex-2005-090. 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. Copies of the filing also will be available for
inspection and copying at the principal offices of Amex. 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-Amex-2005-090 and should be
submitted on or before October 17, 2005.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Jonathan G. Katz,
Secretary.
 [FR Doc. E5-5170 Filed 9-23-05; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 86, Number 31 (Thursday, February 18, 2021)]
[Notices]
[Pages 10072-10073]
[FR Doc No: 2021-03226]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2009-0308; FRL-10020-18]

Tetrachlorvinphos (TCVP); Order To Voluntarily Terminate a
Certain Use

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: This notice announces EPA's final order for the amendment to
terminate uses, voluntarily requested by the registrant and accepted by
the Agency, of the uses listed in Table 1 of Unit II., pursuant to the
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). This
termination order follows an August 6, 2020 Federal Register Notice of
Receipt of Request from the registrant listed in Table 2 of Unit II. to
voluntarily amend Chem-Tech, Ltd (Chem-Tech) dust formulations to
terminate TCVP use on dogs, cats and in kennels and dog houses. In the
August 6, 2020 notice, EPA indicated that it would issue an order
implementing the use deletions, unless the Agency received substantive
comments within the 30-day comment period that would merit its further
review of these requests, or unless the registrant withdrew their
request. The Agency did not receive any comments on the notice nor did
the registrant withdraw their request. Accordingly, EPA hereby issues
in this notice a termination order granting the requested amendments to
terminate TCVP use on dogs, cats and in kennels and dog houses. Any
distribution, sale, or use of the products subject to this use deletion
order is permitted only in accordance with the terms of this order,
including any existing stocks provisions.

DATES: The amendments are effective February 18, 2021.

FOR FURTHER INFORMATION CONTACT: Patricia Biggio, Pesticide Re-
Evaluation Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
DC 20460-0001; telephone number:<PHONE_NUMBER>; email address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general, and may be of
interest to a wide range of stakeholders including environmental, human
health, and agricultural advocates; the chemical industry; pesticide
users; and members of the public interested in the sale, distribution,
or use of pesticides. Since others also may be interested, the Agency
has not attempted to describe all the specific entities that may be
affected by this action.

B. How can I get copies of this document and other related information?

    The docket for this action, identified by docket identification
(ID) number EPA-HQ-OPP-2009-0308, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory
Public Docket (OPP Docket) in the Environmental Protection Agency
Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334,
1301 Constitution Ave. NW, Washington, DC 20460-0001.
    Due to public health concerns related to COVID-19, the EPA Docket
Center (EPA/DC) and Reading Room is closed to visitors with limited
exceptions. The staff continues to provide remote customer service via
email, phone, and webform. For the latest status information on EPA/DC
services and docket access, visit http://www.epa.gov/dockets.

II. What action is the Agency taking?

    This notice announces the amendments to delete the uses, as
requested by the registrant, for products registered under FIFRA
section 3 (7 U.S.C. 136a). The registration is listed in Table 1 of
this unit.

     Table 1--Product Registration Amendments To Delete Certain Uses
------------------------------------------------------------------------
    EPA registration No.          Product name          Uses deleted
------------------------------------------------------------------------
47000-123...................  Clean Crop Livestock  On dogs and cats and
                               1% Rabon Dust.        in kennels and dog
                                                     houses.
------------------------------------------------------------------------

    Table 2 of this unit includes the name and address of record for
the registrant of the product in Table 1 of this unit. The EPA company
number corresponds to the first part of the EPA registration number of
the product listed above.

                 Table 2--Registrant of Amended Products
------------------------------------------------------------------------
          EPA company No.                 Company name and address
------------------------------------------------------------------------
47000.............................  Chem-Tech, Ltd., 620 Lesher Place,
                                     Lansing, MI 48912.
------------------------------------------------------------------------

III. Summary of Public Comments Received and Agency Response to
Comments

    During the 30-day public comment period provided, EPA received no
comments in response to the August 6, 2020 Federal Register notice
announcing the Agency's receipt of the request for voluntary deletion
of uses for the products listed in Table 1 of Unit II.

IV. Termination Order

    Pursuant to FIFRA section 6(f) (7 U.S.C. 136d(f)), EPA hereby
approves the requested amendments to terminate uses of TCVP for the
registration identified in Table 1 of Unit II. Accordingly, the Agency
hereby orders that the product registrations identified in Table 1 of
Unit II. are amended to terminate uses on dogs, cats and in kennels and
dog houses. The effective date of the amendments to terminate affected
uses that are the subject of this notice is February 18, 2021. Any
distribution, sale, or use of existing stocks of the products
identified in Table 1 of Unit II. in a manner inconsistent with any of
the provisions for disposition of existing stocks set forth in Unit VI.
will be a violation of FIFRA.

V. What is the Agency's authority for taking this action?

    Section 6(f)(1) of FIFRA (7 U.S.C. 136d(f)(1)) provides that a
registrant of a pesticide product may at any time request that any of
its pesticide registrations be canceled or amended to terminate one or
more uses. 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, following the public comment period, the EPA
Administrator may approve such a request. The notice of receipt for
this action was published for comment in the Federal Register of August
6, 2020 [(volume 85 number 152) (FRL-10012-80)]. The comment period
closed on September 8, 2020.

VI. Provisions for Disposition of Existing Stocks

    Existing stocks are those stocks of registered pesticide products
that are currently in the United States and that were packaged,
labeled, and released for shipment prior to the effective date of the
cancellation action. The existing stocks provisions for the products
subject to this order are as follows.
    Chem-Tech may not ``release for shipment,'' as that term is defined
by 40 CFR 152.3, any product under EPA Reg. No. 47000-123 as of
February 18, 2021 and may not sell or distribute existing stocks except
for export consistent with FIFRA section 17 (7 U.S.C. 136o) or for
proper disposal. Chem-Tech may sell or distribute existing stocks of
EPA Reg. No. 47000-123 until exhausted.
    Persons other than the registrants may sell, distribute, or use
existing stocks of canceled products until supplies are exhausted,
provided that such sale, distribution, or use is consistent with the
terms of the previously approved labeling on, or that accompanied, the
canceled products.

    Authority: 7 U.S.C. 136 et seq.

    Dated: February 3, 2021.
Mary Reaves,
Director, Pesticide Re-Evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2021-03226 Filed 2-17-21; 8:45 am]
BILLING CODE 6560-50-P