[Federal Register Volume 81, Number 146 (Friday, July 29, 2016)]
[Notices]
[Pages 50054-50056]
[FR Doc No: 2016-17972]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA--2016-0080]

Notice of Buy America Waiver

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

ACTION: Notice of Buy America waiver.

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SUMMARY: This notice provides NHTSA's finding with respect to a request
to waive the requirements of Buy America from the New Hampshire Office
of Highway Safety (New Hampshire). NHTSA finds that a non-availability
waiver of the Buy America requirement is appropriate for the purchase
of five (5) Sokia SX Robotic total stations using Federal highway
traffic safety grant funds because there are no suitable products
produced in the United States.

DATES: The effective date of this waiver is August 15, 2016. Written
comments regarding this notice may be submitted to NHTSA and must be
received on or before: August 15, 2016.

ADDRESSES: Written comments may be submitted using any one of the
following methods:
     Mail: Docket Management Facility, M-30, U.S. Department of
Transportation, West Building, Ground Floor, Rm. W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Fax: Written comments may be faxed to<PHONE_NUMBER>.
     Internet: To submit comments electronically, go to the
Federal regulations Web site at http://www.regulations.gov. Follow the
online instructions for submitting comments.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m. Eastern Time,
Monday through Friday, except Federal holidays.
    Instructions: All comments submitted in relation to this waiver
must include the agency name and docket number. Please note that all
comments received will be posted without change to http://www.regulations.gov, including any personal information provided. You
may also call the Docket at<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: For program issues, contact Barbara
Sauers, Office of Regional Operations and Program Delivery, NHTSA
(phone:<PHONE_NUMBER>). For legal issues, contact Andrew DiMarsico,
Office of Chief Counsel, NHTSA (phone:<PHONE_NUMBER>). You may send mail
to these officials at the National Highway Traffic Safety
Administration, 1200 New Jersey Avenue SE., Washington, DC 20590.

SUPPLEMENTARY INFORMATION: This notice provides NHTSA's finding that a
waiver of the Buy America requirement, 23 U.S.C. 313, is appropriate
for New Hampshire to purchase five (5) Sokia SX Robotic total stations.
The cost for all five stations amount to $135,000 using grant funds
authorized under 23 U.S.C. 402 and 405(d). Section 402 funds are
available for use by state highway safety programs that, among other
things, reduce or prevent injuries and deaths resulting from speeding
motor vehicles,

driving while impaired by alcohol and or drugs, motorcycle accidents,
school bus accidents, unsafe driving behavior and improve law
enforcement services in motor vehicle accident prevention, traffic
supervision, and post-accident procedures. 23 U.S.C. 402(a). Section
402 funds are also available to states for accident investigations to
determine the probable causes of accidents, injuries and deaths. Id.
Section 405(d) funds are available for section 402 activities provided
that a State has adopted and is enforcing a mandatory alcohol-ignition
interlock law for all individuals convicted of driving under the
influence of alcohol or of driving while intoxicated. 23 U.S.C.
405(d)(6).
    Buy America provides that NHTSA ``shall not obligate any funds
authorized to be appropriated to carry out the Surface Transportation
Assistance Act of 1982 (96 Stat. 2097) or [Title 23] and administered
by the Department of Transportation, unless steel, iron, and
manufactured products used in such project are produced in the United
States.'' 23 U.S.C. 313. However, NHTSA may waive those requirements if
``(1) their application would be inconsistent with the public interest;
(2) such materials and products are not produced in the United States
in sufficient and reasonably available quantities and of a satisfactory
quality; or (3) the inclusion of domestic material will increase the
cost of the overall project contract by more than 25 percent.'' 23
U.S.C. 313(b).
    New Hampshire seeks a waiver to purchase five (5) Sokia SX Robotic
total stations for the New Hampshire State Police, Collision Analysis
and Reconstruction Division using Federal grant funds at a cost of
$135,000 for all five. A total station is an electronic/optical
instrument used in modern surveying and accident reconstruction.
Specifically, a total station is an electronic theodolite integrated
with an electronic distance meter to read slope distances from the
instrument to a particular point. According to New Hampshire, a total
station is an important piece of forensic mapping equipment that is
used as an on-scene reconstruction tool that assists in determining the
cause of a crash and can support crash investigations in a timely,
efficient manner, allowing for quicker highway clearance and traffic
flow. The total station is designed to gather evidence of events,
leading up to, during and following a crash.
    New Hampshire notes that there are three types of total stations:
Basic, Reflectorless and Robotic. A basic total station consists of a
control head, prism (reflector), data collector, and requires two
people to operate. A reflectorless total station contains the same
equipment, but, it can be used without the prism in a single person
operation that still requires manual operation. The robotic total
station contains some of the same equipment as the basic and
reflectorless total stations, however, the control head is robotic and
motorized allowing it to track the prism and focus automatically making
the robotic total station easy to use by one individual without having
to operate it manually.
    Based upon its experience, New Hampshire states that the Sokkia
Robotic Total Station is the most efficient piece of equipment to
complete investigations, clear highways, and continue the normal flow
of traffic. New Hampshire adds that the robotic total station is twice
as fast as the basic and reflectorless total stations.
    New Hampshire asserts that there are no total station models that
are manufactured or assembled in the United States. In support of its
waiver, New Hampshire states it conducted extensive due diligence and
found there are no robotic total station models that are manufactured
or assembled in the United States.
    On November 19, 2015, NHTSA published its decision to waive the
requirements of Buy America for the North Carolina Highway Safety
Office to purchase a Nikon Nivo 5M plus Reflectorless total station.
See 80 FR 72480. In that notice, the agency noted that both North
Carolina and NHTSA performed market analyses which revealed that all
total station equipment are foreign made.\1\ Id. at 72481. On March 10,
2016, NHTSA published its determination that it was appropriate to
grant a waiver from the Buy America requirements to the Maine Bureau of
Highway Safety in order to purchase a Leica reflectorless total
station. 81 FR 12780-81 (March 10, 2016). The agency did not receive
any comments in response to these two notices that would inform it that
there are domestic manufacturers of total stations. At this time, the
agency is unaware of any type of total station (Basic, Reflectorless
and Robotic) produced domestically.
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    \1\ In our November 19, 2015 notice, we noted that the combined
market research of North Carolina and NHTSA found that the following
manufacturers produced foreign made total stations: CT Berger
(China); Leica (Switzerland); Nikon (Japan); Spectra Precision
(Japan); Northwest Instruments (China); Topcon (Japan); Trimble
(Sweden); Hi-Target Instrument Surveying Co. Ltd. (China); geo-
Fennel GmbH (Germany); Hilti (Liechtenstein); North Surveying
(Spain); South Precision Instrument (China); Ruide Surveying
Instrument Co. (China); Pentex (Japan/China); and Topcon (Japan,
China and Thailand).
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    NHTSA agrees that the total stations advance the purpose of section
402 to improve law enforcement services in motor vehicle accident
prevention and post-accident reconstruction and enforcement. A total
station is an on-scene reconstruction tool that assists in the
determination of the cause of the crash and can support crash
investigations. It is an electronic/optical instrument that specializes
in surveying with tools to provide precise measurements for diagraming
crash scenes, including a laser range finder and a computer to assist
law enforcement to determine post-accident reconstruction. The total
station system is designed to gather evidence of the events leading up
to, during and following a crash. These tools are used to gather
evidence to determine such facts as minimum speed at the time of a
crash, the critical speed of a roadway curve, the distance a vehicle
may have traveled when out of control and other factors that involve a
crash investigation. In some instances, the facts collected through the
use of a total station are used to form a basis of a criminal charge or
evidence in a criminal prosecution.
    Based upon NHTSA's recent market analysis, and lack of comment in
response to our two prior notices on total stations, we are unaware of
any total station equipment (Basic, Reflectorless and Robotic) that is
manufactured domestically. Ibid. Since a total station is unavailable
from a domestic manufacturer and the equipment would assist in post-
accident reconstruction and enforcement to advance the purpose of 23
U.S.C. 402 and 405(d), a Buy America waiver is appropriate. NHTSA
invites public comment on this conclusion.
    In light of the above discussion, and pursuant to 23 U.S.C.
313(b)(2), NHTSA finds that it is appropriate to grant a waiver from
the Buy America requirements to New Hampshire in order to purchase the
robotic total station equipment. This waiver applies to New Hampshire
to purchase five (5) Sokia SX Robotic total stations for the purposes
mentioned herein, and all other states seeking to use sections 402 and
405(d) funds for these types of total stations. This waiver is
effective through fiscal year 2016 and expires at the conclusion of the
fiscal year (September 30, 2016). In accordance with the provisions of
Section 117 of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy of Users Technical Corrections Act
of 2008 (Pub. L. 110-244, 122 Stat. 1572), NHTSA is providing this
notice as its finding that a waiver of the Buy

America requirements is appropriate for the Sokia SX Robotic total
station.
    Written comments on this finding may be submitted through any of
the methods discussed above. NHTSA may reconsider this finding if,
through comment, it learns additional relevant information regarding
its decision to grant New Hampshire's waiver request.
    This finding should not be construed as an endorsement or approval
of any products by NHTSA or the U.S. Department of Transportation. The
United States Government does not endorse products or manufacturers.

    Authority: 23 U.S.C. 313; Pub. L. 110-161.

    Issued in Washington, DC on July 25, 2016 under authority
delegated in 49 CFR part 1.95.
Paul A. Hemmersbaugh,
Chief Counsel.
[FR Doc. 2016-17972 Filed 7-28-16; 8:45 am]
 BILLING CODE 4910-59-P


[Federal Register: December 6, 2006 (Volume 71, Number 234)]
[Notices]
[Page 70818-70820]
[DOCID:fr06de06-113]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54825; File No. SR-NASDAQ-2006-047]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing of Proposed Rule Change To Clarify the Process
Surrounding a Reverse Merger

November 28, 2006.
    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 November 13, 2006, The NASDAQ Stock Market LLC (``Nasdaq'') 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 Nasdaq. The Commission is publishing this
notice to solicit comments on the proposed rule change from interested
persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    Nasdaq proposes to clarify the process an issuer must follow when
applying for initial listing in connection with a transaction that is a
reverse merger. Nasdaq would implement the proposed rule immediately
upon approval. The text of the proposed rule change is below. Proposed
new language is in italic; proposed deletions are in [brackets].\3\
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    \3\ Changes are marked to the rule text that appears in the
electronic manual of Nasdaq found at http: //http://www.complinet.com/nasdaq
.

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* * * * *
4340. Application for Re-Listing by Listed Issuers
    (a) Reverse Mergers. An issuer must apply for initial listing
[following] in

connection with a transaction whereby the issuer combines with a non-
Nasdaq entity, resulting in a change of control of the issuer and
potentially allowing the non-Nasdaq entity to obtain a Nasdaq Listing
(for purposes of this rule, such a transaction is referred to as a
``Reverse Merger''). In determining whether a Reverse Merger has
occurred, Nasdaq shall consider all relevant factors including, but not
limited to, changes in the management, board of directors, voting
power, ownership, and financial structure of the issuer. Nasdaq shall
also consider the nature of the businesses and the relative size of the
Nasdaq issuer and non-Nasdaq entity. The issuer must submit an
application for the post-transaction entity with sufficient time to
allow Nasdaq to complete its review before the transaction is
completed. If the issuer's application for initial listing has not been
approved prior to consummation of the transaction, Nasdaq will issue a
Staff Determination Letter as set forth in Rule 4804 and begin
delisting proceedings pursuant to the Rule 4800 Series.
    (b) No change.
* * * * *
IM-4350-1. Interpretive Material Regarding Future Priced Securities
Summary
    No change.
How the Rules Apply
Shareholder Approval
    No change.
Voting Rights
    No change.
The Bid Price Requirement
No change.
Listing of Additional Shares
    No change.
Public Interest Concerns
    No change.
Reverse Merger

    Rule 4340(a) provides:
    An issuer must apply for initial listing [following] in connection
with a transaction whereby the issuer combines with a non-Nasdaq
entity, resulting in a change of control of the issuer and potentially
allowing the non-Nasdaq entity to obtain a Nasdaq Listing (for purposes
of this rule, such a transaction is referred to as a ``Reverse
Merger''). In determining whether a Reverse Merger has occurred, Nasdaq
shall consider all relevant factors including, but not limited to,
changes in the management, board of directors, voting power, ownership,
and financial structure of the issuer. Nasdaq shall also consider the
nature of the businesses and the relative size of the Nasdaq issuer and
non-Nasdaq entity. The issuer must submit an application for the post-
transaction entity with sufficient time to allow Nasdaq to complete its
review before the transaction is completed. If the issuer's application
for initial listing has not been approved prior to consummation of the
transaction, Nasdaq will issue a Staff Determination Letter as set
forth in Rule 4804 and begin delisting proceedings pursuant to the Rule
4800 Series.
    This provision, which applies regardless of whether the issuer
obtains shareholder approval for the transaction, requires issuers to
qualify under the initial listing standards [following] in connection
with a Reverse Merger.\4\ It is important for issuers to realize that
in certain instances, the conversion of a Future Priced Security may
implicate this provision. For example, if there is no limit on the
number of common shares issuable upon conversion, or if the limit is
set high enough, the exercise of conversion rights under a Future
Priced Security could result in a Reverse Merger with the holders of
the Future Priced Securities. In such event, an issuer may be required
to re-apply for initial listing and satisfy all initial listing
requirements.
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    \4\ See Securities Exchange Act Release No. 32264 (May 4, 1993),
58 FR 27760 (May 11, 2006) (SR-NASD-93-7).
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    Footnotes to IM-4350-1: No change.
* * * * *

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

    In its filing with the Commission, Nasdaq 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. Nasdaq 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
    Nasdaq Rule 4340(a) requires that an issuer must apply for initial
listing following a transaction whereby the issuer combines with a non-
Nasdaq entity, resulting in a change of control of the issuer and
potentially allowing the non-Nasdaq entity to obtain a Nasdaq Listing
(for purposes of the rule, such a transaction is referred to as a
``Reverse Merger''). Nasdaq originally adopted this rule in 1993 to
address concerns associated with non-Nasdaq entities seeking a
``backdoor listing'' on Nasdaq through a business combination involving
a Nasdaq issuer.\4\ In these combinations, a non-Nasdaq entity
purchased a Nasdaq issuer in a transaction that resulted in the non-
Nasdaq entity obtaining a Nasdaq listing without qualifying for initial
listing or being subject to the background checks and scrutiny normally
applied to issuers seeking initial listing. The rule was amended in
2001 to define ``Reverse Merger'' and to provide clarification
regarding the factors used by Nasdaq staff to determine if a
transaction should be considered a Reverse Merger.\5\
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    \5\ See Securities Exchange Act Release No. 44067 (March 13,
2001), 66 FR 15515 (March 19, 2001) (SR-NASD-01-01).
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    Among other things, the Reverse Merger rule is intended to allow
Nasdaq staff to review the post-transaction entity before the Reverse
Merger transaction is consummated, thereby allowing staff to confirm
that the post-transaction entity will meet all initial criteria at the
time it begins trading. While Nasdaq has historically taken the
position that the rule requires companies to comply with the initial
listing requirements prior to the consummation of a Reverse Merger, the
rule is not clear in that regard. To avoid issuer confusion, simplify
compliance, and provide additional transparency, Nasdaq proposes to
amend Nasdaq Rule 4340(a) to state that an issuer must apply for
initial listing prior to consummating a Reverse Merger transaction.
Nasdaq also proposes to make conforming changes to Nasdaq IM-4350-1,
which discusses the Reverse Merger rules.
2. Statutory Basis
    Nasdaq believes that the proposed rule change is consistent with
the provisions of Section 6 of the Act \6\ in general and with Sections
6(b)(5) of the Act \7\ in particular in that it is designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to foster cooperation and coordination
with persons engaged in regulating, clearing, settling, processing
information with respect to, and facilitating transactions in
securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system, and, in general, to
protect investors and the public interest. The

proposed rule change would clarify Nasdaq's listing requirements
related to Reverse Mergers and thereby provide additional transparency
to the rules. This proposed clarification is designed to protect
investors and the public interest by allowing Nasdaq to confirm that
the post-transaction entity will meet all initial criteria at the time
it begins trading.
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    \6\ 15 U.S.C. 78f.
    \7\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

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

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

    Written comments were neither solicited nor received.

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

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number SR-NASDAQ-2006-047 on the subject line.
Paper Comments
     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, Station Place, 100 F
Street, NE., Washington, DC 20549-1090.

All submissions should refer to File Number SR-NASDAQ-2006-047. 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 such
filing also will be available for inspection and copying at the
principal office of Nasdaq. 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-NASDAQ-2006-047 and should be submitted on or before
December 27, 2006.
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    \8\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\8\
Nancy M. Morris,
Secretary.
[FR Doc. E6-20574 Filed 12-5-06; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register: May 19, 2010 (Volume 75, Number 96)]
[Notices]
[Page 28009-28012]
[DOCID:fr19my10-53]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2010-0012; FRL-8823-2]

Notice of Receipt of Several Pesticide Petitions Filed for
Residues of Pesticide Chemicals in or on Various Commodities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces the Agency's receipt of several initial
filings of pesticide petitions proposing the establishment or
modification of regulations for residues of pesticide chemicals in or
on various commodities.

DATES: Comments must be received on or before June 18, 2010.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number and the pesticide petition number (PP) of interest as shown
in the body of this document, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket Facility's normal hours of operation (8:30
a.m. to 4 p.m., Monday through

Friday, excluding legal holidays). Special arrangements should be made
for deliveries of boxed information. The Docket Facility telephone
number is<PHONE_NUMBER>.
    Instructions: Direct your comments to the docket ID number and the
pesticide petition number of interest as shown in the body of this
document. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The regulations.gov website is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through regulations.gov,
your e-mail address will be automatically captured and included as part
of the comment that is placed in the docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the docket index
available at http://www.regulations.gov. Although listed in the index,
some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either in the electronic
docket at http://www.regulations.gov, or, if only available in hard
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of
operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal holidays. The Docket Facility telephone
number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: A contact person, with telephone
number and e-mail address, is listed at the end of each pesticide
petition summary. You may also reach each contact person by mail at
Registration Division (7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

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

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

     1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
     2. Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.
    3. Environmental justice. EPA seeks to achieve environmental
justice, the fair treatment and meaningful involvement of any group,
including minority and/or low-income populations, in the development,
implementation, and enforcement of environmental laws, regulations, and
policies. To help address potential environmental justice issues, the
Agency seeks information on any groups or segments of the population
who, as a result of their location, cultural practices, or other
factors, may have atypical or disproportionately high and adverse human
health impacts or environmental effects from exposure to the pesticides
discussed in this document, compared to the general population.

II. What Action is the Agency Taking?

     EPA is announcing its receipt of several pesticide petitions filed
under section 408 of the Federal Food, Drug, and Cosmetic Act (FFDCA),
21 U.S.C. 346a, proposing the establishment or modification of
regulations in 40 CFR part 174 or part 180 for residues of pesticide
chemicals in or on various food commodities. EPA has determined that
the pesticide petitions described in this notice contain the data or
information prescribed in FFDCA section 408(d)(2); however, EPA has not
fully evaluated the sufficiency of the submitted data at this time or
whether the data support granting of the pesticide petitions.
Additional data may be needed before EPA can make a final determination
on these pesticide petitions.

     Pursuant to 40 CFR 180.7(f), a summary of each of the petitions
that are the subject of this notice, prepared by the petitioner, is
included in a docket EPA has created for each rulemaking. The docket
for each of the petitions is available on-line at http://
www.regulations.gov.
    As specified in FFDCA section 408(d)(3), (21 U.S.C. 346a(d)(3)),
EPA is publishing notice of the petition so that the public has an
opportunity to comment on this request for the establishment or
modification of regulations for residues of pesticides in or on food
commodities. Further information on the petition may be obtained
through the petition summary referenced in this unit.

New Tolerances

     1. PP 9E7650. (EPA-HQ-OPP-2010-0186). Nissan Chemical Industries,
Inc., 3-7-1, Kanda Nishiki-cho, Chiyoda-ku, Tokyo, Japan c/o Lewis &
Harrison, 122 C Street, NW., Suite 740, Washington, DC 20001, proposes
to establish import tolerances in 40 CFR part 180 for residues of
amisulbrom, 3-[3-bromo-6-fluoro-2-methyl-H-indol-1-yl)sulfonyl]-N,N-
dimethyl-1H - 1,2,4-triazole-1-sulfonamide, in or on grapes at 0.4
parts per million (ppm) and raisins at 1.0 ppm. The proposed tolerance
will be a tolerance on treated grapes and its processed products
treated in Western Europe and imported into the U.S. There will be no
U.S. registration. Liquid chromatography/tandem mass spectrographic
detection (LC/MS/MS) is used for determination and quantification of
amisulbrom from grape field and grape processing (raisin, juice, and
wine) data. The limit of quantitation is 0.01 ppm. A successful
independent laboratory method validation was conducted for the grape
data collection method. Contact: Olga Odiott,<PHONE_NUMBER>, e-mail
address<EMAIL_ADDRESS>     2. PP 9E7675. (EPA-HQ-OPP-2010-0063). Interregional Research
Project Number 4 (IR-4), IR-4 Project Headquarters, Rutgers, The State
University of New Jersey, 500 College Rd. East, Suite 201 W, Princeton,
NJ 08450, proposes to establish tolerances in 40 CFR part 180 for
residues of the miticide/ovicide etoxazole, 2-(2,6-difluorophenyl)-4-
[4-(1,1-dimethylethyl)-2-ethoxyphenyl]-4,5-dihydrooxazole, in or on
peppers, African eggplant, eggplant, martynia, okra, pea eggplant,
pepino, roselle, and scarlet eggplant at 0.20 ppm; Crop Group 9:
cucurbit vegetables at 0.20 ppm; Subgroup 13-07A: Caneberry at 1.1 ppm;
Subgroup 13-07F: Small fruit vine climbing subgroup except fuzzy kiwi
at 0.50 ppm; Subgroup 13-07G: Low-growing berry subgroup at 0.50 ppm
and avocado, papaya, star apple, black sapote, mango, sapodilla,
canistel, and mamey sapote at 0.20 ppm; and tea at 15 ppm. Practical
analytical methods for detecting and measuring levels of etoxazole have
been developed and validated in/on all appropriate agricultural
commodities and respective processing fractions. The limit of
quantitation (LOQ) of etoxazole in the methods is 0.02 ppm which will
allow monitoring of food with residues at the levels proposed for the
tolerances. The Cumulative and Aggregate Risk Evaluation System (CARES)
Version 2.0 was used to conduct these assessments. Contact: Andrew
Ertman,<PHONE_NUMBER>, e-mail address<EMAIL_ADDRESS>     3. PP 0F7689. (EPA-HQ-OPP-2010-0297). Arysta LifeScience North
America, LLC. 15401 Weston Parkway, Cary, NC 27513, proposes to
establish tolerances in 40 CFR part 180 for residues of kasugamycin, 3-
O-[2-amino-4-[(carboxyiminomethyl)amino]-2,3,4,6-tetradeoxy-[alpha]-D-
arabino-hexopyranosyl]-D-chiro-inositol, in or on fruiting vegetables
(crop group 8 -fruiting vegetables - except cucumber) at 0.15 ppm; pome
fruit (crop group 11- pome fruit) at 0.25 ppm; and walnuts at 0.04 ppm.
A practical analytical method for detecting and measuring levels of
kasugamycin has been developed and validated in all appropriate
agricultural commodities. This analytical method is suitable for
monitoring of food with residues at the levels proposed for the
tolerances. The LOQ for this method is 0.04 ppm. An independent
laboratory validation of the residue analytical method was successful.
Contact: Shaunta Hill,<PHONE_NUMBER>, e-mail address:
<EMAIL_ADDRESS>     4. PP 0F7690. (EPA-HQ-OPP-2010-0234). BASF Corporation, 26 Davis
Dr., P.O. Box 13528, Research Triangle Park, NC 27709-3528, proposes to
establish tolerances in 40 CFR part 180 for the combined residues of
the insecticide alpha-cypermethrin and cypermethrin (including zeta-
cypermethrin)((S)-[alpha]-cyano-3-phenoxybenzyl (1R,3R)-3-(2,2-
dichlorovinyl)-2,2-dimethylcyclopropanecarboxylate and (R)-[alpha]-
cyano-3-phenoxybenzyl (1S,3S)-3-(2,2-dichlorovinyl)-2,2-
dimethylcyclopropanecarboxylate), in or on tree nuts, Group 14; dried
shelled pea and bean, except soybean, subgroup 6C; corn, grain; pop
corn; sweet corn; soybeans; and sugar beet, roots at 0.05 ppm;
succulent shelled pea and bean, subgroup 6B; and root and tuber
vegetables, Group 1 at 0.1 ppm; cucurbit vegetables, Group 9; fruiting
vegetables, Group 8; sugar beet, tops; and wheat, grain at 0.2 ppm;
citrus fruit, Group 10 at 0.35 ppm; cottonseed; edible podded legume
vegetable, subgroup 6A; and sorghum, grain at 0.5 ppm; and rice, grain
at 1.5 ppm; citrus, dried pulp at 1.8 ppm; head and stem brassica,
subgroup 5A at 2.0 ppm; citrus, oil at 4.0 ppm; leafy vegetable, except
brassica, Group 4 at 10 ppm; and alfalfa, hay at 15 ppm. There is a
practical analytical method for detecting and measuring levels of
cypermethrin in or on food with a limit of detection (LOD) that allows
monitoring food with residues at or above the levels set in these
tolerances. Gas chromatography with electron capture detection (GC/ECD)
and LC/MS/MS methods are available. Contact: BeWanda Alexander, (703)
305-7460, e-mail address<EMAIL_ADDRESS>     5. PP 0F7695. (EPA-HQ-OPP-2010-0261). BASF Corporation, 26 Davis
Dr., P.O Box 13528, Research Triangle Park, NC, 27709, proposes to
establish tolerances in 40 CFR part 180 for residues of ametoctradin,
5-ethyl-6-octyl[1,2,4]triazolo[1,5-a]pyrimidin-7-amine, in or on
brassica, head and stem, subgroup at 12 ppm; brassica, leafy greens,
subgroup at 50 ppm; grape at 5 ppm; hop, dried cones at 9 ppm; onion,
bulb, subgroup at 1.2 ppm; onion, green, subgroup at 16 ppm; raisin at
8 ppm; vegetable, fruiting, group at 2 ppm; vegetable, leafy, except
brassica, group at 70 ppm; vegetable, cucurbit, group at 4.5 ppm; and
vegetable, tuberous and corm, subgroup at 0.05 ppm. The proposed
enforcement method for ametoctradin was fully validated. Ametoctradin
is extracted with a mixture of methanol/water. An aliquot of the
extract is centrifuged and partitioned against dichloromethane. The
final determination of ametoctradin is performed by high performance
liquid chromatography-mass spectrometry (HPLC-MS/MS). This method has
an LOQ of 0.01 milligrams/kilograms (mg/kg) and is suitable for
enforcement purposes. Contact: Shaunta Hill,<PHONE_NUMBER>, e-mail
address<EMAIL_ADDRESS>     6. PP 0F7703. (EPA-HQ-OPP-2010-0284). Monsanto Company, 1300 I
Street NW., Suite 450 East, Washington DC 2005, a member of the
Acetochlor Registration Partnership (ARP), proposes to establish a
tolerance in 40 CFR part 180 for indirect or inadvertent residues of
the herbicide acetochlor (2-chloro-2'-methyl-6'-ethyl-N-
ethoxymethylacetanilide) and its metabolites containing either the 2-
ethyl-6-methylaniline (EMA) or the 2-(1-hydroxyethyl)-6- methyl-aniline
(HEMA) moiety, to be expressed as

acetochlor equivalents, in or on the following raw agricultural
commodity when present therein as a result of the application of
acetochlor to the growing crops in paragraph (a) of 40 CFR 180.470;
peanut at 0.03 ppm. An adequate enforcement method for residues of
acetochlor in crops has been approved. Acetochlor and its metabolites
are hydrolyzed to either EMA or HEMA, which are determined by HPLC-OCED
and expressed as acetochlor equivalents. Contact: Susan Stanton, (703)
305-5218, e-mail address<EMAIL_ADDRESS>determined by
measuring residues of pyrasulfotole (AE0317309) (5-hydroxy-1,3-
dimethyl-1H-pyrazol-4-yl)-[2-(methylsulfonyl)-4-
(trifluoromethyl)phenyl]methanone and its metabolite (5-Hydroxy-3-
methyl-1H-pyrazol-4-yl)-[2-(methylsulfonyl)-4-(trifluoromethyl)phenyl]
methanone, calculated as the stoichiometric equivalent of pyrasulfotole
in or on cattle, goat, hog, sheep, and horse meat at 0.04 ppm; cattle,
goat, hog, sheep, and horse fat at 0.04 ppm; cattle, goat, hog, sheep,
and horse, meat byproducts except liver at 2 ppm and cattle, goat, hog,
sheep, and horse, liver at 8 ppm. The analytical method is an LC/MS/MS
method which quantifies pyrasulfotole and its metabolite (5-Hydroxy-3-
methyl-1H-pyrazol-4-yl)[2-(methylsulfonyl)-4-
(trifluoromethyl)phenyl]methanone with an LOQ of 0.01 mg/kg. Contact:
Bethany Benbow,<PHONE_NUMBER>, e-mail address<EMAIL_ADDRESS>     7. PP 0G7682. (EPA-HQ-OPP-2010-0217). Valent U.S.A. Corporation,
P.O. Box 8025, Walnut Creek, CA 94596 (as Agent for Sumitomo Chemical
Co., Ltd), proposes to establish a time-limited tolerance in 40 CFR
part 180 for residues of the insecticide clothianidin, (E)-1-(2-chloro-
1,3-thiazol-5-ylmethyl)-3-methyl-2-nitroguanidine, in or on rice, grain
at 0.01 ppm. Adequate enforcement methodology LC/MS/MS analysis is
available to enforce the tolerance expression. Contact: Marianne Lewis,
(703) 308-8043, e-mail address<EMAIL_ADDRESS>
Amended Tolerances

     PP 9E7675. (EPA-HQ-OPP-2010-0063). IR-4, IR-4 Project
Headquarters, Rutgers, The State University of New Jersey, 500 College
Rd. East, Suite 201 W, Princeton, NJ 08450, proposes to delete the
established tolerances in 40 CFR 180.593 for residues of the miticide/
ovicide etoxazole, 2-(2,6-difluorophenyl)-4-[4-(1,1-dimethylethyl)-2-
ethoxyphenyl]-4,5-dihydrooxazole, in or on strawberry, grape, cucumber,
and vegetable, cucurbit subgroup 9A since they will be covered by the
proposed new tolerances in 2. under ``New Tolerances'' of this Unit.
Contact: Andrew Ertman,<PHONE_NUMBER>, e-mail address:
<EMAIL_ADDRESS>
New Tolerance Exemptions

     1. PP 0E7686. (EPA-HQ-OPP-2010-0233). Dow Agrosciences, LLC, 9330
Zionsville Rd., Indianapolis, IN 46268, proposes to establish an
exemption from the requirement of a tolerance for residues of choline
hydroxide (CAS No. 123-41-1) under 40 CFR 180.920 when used as a
pesticide inert ingredient in pesticide formulations. A limitation for
use as a neutralizing agent in herbicide-only products is proposed.
Based on the proposed use, the choline cation is the species of
interest for end-use products. The petitioner believes no analytical
method is needed because it is not required for an exemption from the
requirement of a tolerance. Contact: Deirdre Sunderland, (703) 603-
0851, e-mail address<EMAIL_ADDRESS>     2. PP 0E7692. (EPA-HQ-OPP-2010-0231). Rhodia, Inc. c/o SciReg,
Inc., 12733 Director's Loop, Woodbridge, VA 22192, proposes to
establish an exemption from the requirement of a tolerance for residues
of castor oil, ethoxylated, oleate (CAS No. 220037-02-5) with a minimum
number average molecular weight (in amu) of 1,200 under 40 CFR 180.960
when used as an emulsifier and surfactant pesticide inert ingredient in
pesticide formulations. Rhodia is requesting that castor oil,
ethoxylated, oleate, with a minimum number average molecular weight (in
amu) of 1,200 be exempt from the requirement of a tolerance based upon
the definition of a low-risk polymer under 40 CFR 723.250. Therefore,
Rhodia believes that an analytical method to determine residues in
treated crops is not relevant. Contact: Karen Samek,<PHONE_NUMBER>, e-
mail address<EMAIL_ADDRESS>     3. PP 9E7648. (EPA-HQ-OPP-2010-0232). Exponent Inc., 1150
Connecticut Ave., NW., Suite 1100, Washington, DC 20036, on behalf of
Plant Impact plc, 12 S. Preston Office Village, Cuerdan Way, Bamber
Bridge, Preston, PR5 6BL, United Kingdom, proposes to establish a low
risk polymer exemption from the requirement of a tolerance for residues
of Castor oil, ethoxylated, dioleate (CAS No. 110531-96-9) under 40 CFR
180.960 when used as a pesticide inert ingredient with a surfactant
function in pesticide formulations. The petitioner believes no
analytical method is needed because it is not required for an exemption
from the requirement of a tolerance. Contact: Deirdre Sunderland, (703)
603-0851, e-mail address<EMAIL_ADDRESS>     4. PP 0F7695. (EPA-HQ-OPP-2010-0261). BASF Corporation, P.O. Box
13528, Research Triangle Park, NC, 27709, proposes to establish an
exemption from the requirement of a tolerance for the metabolites of
ametoctradin, M650F03, (7-amino-5-ethyl[1,2,4]triazolo[1,5-
a]pyrimidine-6-y-l)acetic acid, and M650F04, 7-amino-5-
ethyl[1,2,4]triazolo[1,5-a]pyrimidine-6-carboxylic acid in or on all
food crops. The proposed enforcement method for ametoctradin was fully
validated. Ametoctradin is extracted with a mixture of methanol/water.
An aliquot of the extract is centrifuged and partitioned against
dichloromethane. The final determination of ametoctradin is performed
by high performance liquid chromatography-mass spectrometry (HPLC-MS/
MS). This method has an LOQ of 0.01 mg/kg and is suitable for
enforcement purposes. Contact: Shaunta Hill,<PHONE_NUMBER>, e-mail
address<EMAIL_ADDRESS>
List of Subjects

    Environmental protection, Agricultural commodities, Feed additives,
Food additives, Pesticides and pests, Reporting and recordkeeping
requirements.

    Dated: May 6, 2010.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2010-11978 Filed 5-18-10; 8:45 am]
BILLING CODE 6560-50-S


[Federal Register Volume 77, Number 45 (Wednesday, March 7, 2012)]
[Notices]
[Pages 13663-13668]
[FR Doc No: 2012-5453]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-66495/March 1, 2012]

Order Making Fiscal Year 2012 Mid-Year Adjustments to Transaction
Fee Rates

I. Background

    Section 31 of the Securities Exchange Act of 1934 (``Exchange
Act'') requires each national securities exchange and national
securities association to pay transaction fees to the Commission.\1\
Specifically, Section 31(b) requires each national securities exchange
to pay to the Commission fees based on the aggregate dollar amount of
sales of certain securities transacted on the exchange.\2\ Section
31(c) requires each national securities association to pay to the
Commission fees based on the aggregate dollar amount of sales of
certain securities transacted by or through any member of the
association other than on an exchange.\3\
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78ee.
    \2\ 15 U.S.C. 78ee(b).
    \3\ 15 U.S.C. 78ee(c).
---------------------------------------------------------------------------

    Section 31 of the Exchange Act requires the Commission to annually
adjust the fee rates applicable under Sections 31(b) and (c) to a
uniform adjusted rate, and in some circumstances, to also make a mid-
year adjustment. The Dodd-Frank Act amendments to Section 31 of the
Exchange Act establish a new method for annually adjusting the fee
rates applicable under Sections 31(b) and (c) of the Exchange Act.
Specifically, the Commission must now adjust the fee rates to a uniform
adjusted rate that is reasonably likely to produce aggregate fee
collections (including assessments on security futures transactions)
equal to the regular appropriation to the Commission for the applicable
fiscal year.\4\ For fiscal year 2012, the regular

appropriation to the Commission is $1,321,000,000.\5\ On January 20,
2012 the Commission issued an order under Section 31(j)(1) of the
Exchange Act setting the fee rates applicable under Sections 31(b) and
(c) for fiscal year 2012.\6\
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    \4\ See 15 U.S.C. 78ee(j)(1) (The Commission must adjust the
rates under Sections 31(b) and (c) to a ``uniform adjusted rate
that, when applied to the baseline estimate of the aggregate dollar
amount of sales for such fiscal year, is reasonably likely to
produce aggregate fee collections under [Section 31] (including
assessments collected under [Section 31(d)]) that are equal to the
regular appropriation to the Commission by Congress for such fiscal
year.'').
    \5\ Id.
    \6\ Order Making Fiscal Year 2012 Annual Adjustments to
Transaction Fee Rates, Rel. No. 34-66202 (January 20, 2012).
---------------------------------------------------------------------------

II. Determination of the Need for a Mid-Year Adjustment in Fiscal 2012

    Under Section 31(j)(2) of the Exchange Act, the Commission must
make a mid-year adjustment to the fee rates under Sections 31(b) and
(c) in fiscal year 2012 if it determines, based on the actual aggregate
dollar volume of sales during the first five months of the fiscal year,
that the baseline estimate $71,646,369,036,088 is reasonably likely to
be 10% (or more) greater or less than the actual aggregate dollar
volume of sales for fiscal year 2012.\7\ To make this determination,
the Commission must estimate the actual aggregate dollar volume of
sales for fiscal year 2012.
---------------------------------------------------------------------------

    \7\ The amount $71,646,369,036,088 is the baseline estimate of
the aggregate dollar amount of sales for fiscal year 2012 calculated
by the Commission in its Order Making Fiscal Year 2012 Annual
Adjustments to Transaction Fee Rates, Rel. No. 34-66202 (January 20,
2012).
---------------------------------------------------------------------------

    Based on data provided by the national securities exchanges and the
national securities association that are subject to Section 31,\8\ the
actual aggregate dollar volume of sales during the first four months of
fiscal year 2012 was $21,401,568,899,359.\9\ Using these data and a
methodology for estimating the aggregate dollar amount of sales for the
remainder of fiscal year 2012 (developed after consultation with the
Congressional Budget Office and the OMB),\10\ the Commission estimates
that the aggregate dollar amount of sales for the remainder of fiscal
year 2012 to be $42,485,082,013,879. Thus, the Commission estimates
that the actual aggregate dollar volume of sales for all of fiscal year
2012 will be $63,886,650,913,238.
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    \8\ The Financial Industry Regulatory Authority, Inc.
(``FINRA'') and each exchange is required to file a monthly report
on Form R31 containing dollar volume data on sales of securities
subject to Section 31. The report is due on the 10th business day
following the month for which the exchange or association provides
dollar volume data.
    \9\ Although Section 31(j)(2) indicates that the Commission
should determine the actual aggregate dollar volume of sales for
fiscal 2012 ``based on the actual aggregate dollar volume of sales
during the first 5 months of such fiscal year,'' data are only
available for the first four months of the fiscal year as of the
date the Commission is required to issue this order, i.e., March 1,
2012. Dollar volume data on sales of securities subject to Section
31 for February 2012 will not be available from the exchanges and
FINRA for several weeks.
    \10\ See Appendix A.
---------------------------------------------------------------------------

    Because the baseline estimate of $71,646,369,036,088 is more than
10% greater than the $63,886,650,913,238 estimated actual aggregate
dollar volume of sales for fiscal year 2012, Section 31(j)(2) of the
Exchange Act requires the Commission to issue an order adjusting the
fee rates under Sections 31(b) and (c).

III. Calculation of the Uniform Adjusted Rate

    Section 31(j)(2) specifies the method for determining the mid-year
adjustment for fiscal 2012. Specifically, the Commission must adjust
the rates under Sections 31(b) and (c) to a ``uniform adjusted rate
that, when applied to the revised estimate of the aggregate dollar
amount of sales for the remainder of fiscal year 2012, is reasonably
likely to produce aggregate fee collections under Section 31 (including
fees collected during such 5-month period and assessments collected
under Section 31(d)) that are equal to $1,321,000,000.'' \11\ In other
words, the uniform adjusted rate is determined by subtracting fees
collected prior to the effective date of the new rate and assessments
collected under Section 31(d) during all of fiscal year 2012 from
$1,321,000,000, which is the amount to be collected for fiscal year
2012. That difference is then divided by the revised estimate of the
aggregate dollar volume of sales for the remainder of the fiscal year
following the effective date of the new rate.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78ee(j)(2). The term ``fees collected'' is not
defined in Section 31. Because national securities exchanges and
national securities associations are not required to pay the first
installment of Section 31 fees for fiscal 2012 until March 15, the
Commission will not ``collect'' any fees in the first five months of
fiscal 2012. See 15 U.S.C. 78ee(e). However, the Commission believes
that, for purposes of calculating the mid-year adjustment, Congress,
by stating in Section 31(j)(2) that the ``uniform adjusted rate * *
* is reasonably likely to produce aggregate fee collections under
Section 31 * * * that are equal to [$1,321,000,000],'' intended the
Commission to include the fees that the Commission will collect
based on transactions in the six months before the effective date of
the mid-year adjustment.
---------------------------------------------------------------------------

    The Commission estimates that it will collect $597,429,581 in fees
for the period prior to the effective date of the mid-year adjustment
and $16,425 in assessments on round turn transactions in security
futures products during all of fiscal year 2012. Using the methodology
referenced in Part II above, the Commission estimates that the
aggregate dollar volume of sales for the remainder of fiscal year 2012
following the effective date of the new rate will be
$32,330,785,567,489. This amount reflects more recent information on
the dollar amount of sales of securities than was available at the time
of the setting of the initial fee rate for fiscal year 2012, and
indicates a significant reduction in sales. Based on these estimates,
and employing the mid-year adjustment mechanism established by statute,
the uniform adjusted rate must be adjusted to $22.40 per million of the
aggregate dollar amount of sales of securities.\12\ The aggregate
dollar amount of sales of securities subject to Section 31 fees is
illustrated in Appendix A.
---------------------------------------------------------------------------

    \12\ The calculation is as follows: ($1,321,000,000 -
$597,429,581 - $16,425)/$32,330,785,567,489 = 0.0000223797. Round
this result to the seventh decimal point, yielding a rate of $22.40
per million.
---------------------------------------------------------------------------

IV. Effective Date of the Uniform Adjusted Rate

    Section 31(j)(4)(B) of the Exchange Act provides that a mid-year
adjustment shall take effect on April 1 of the fiscal year in which
such rate applies. Therefore, the exchanges and the national securities
association that are subject to Section 31 fees must pay fees under
Sections 31(b) and (c) at the uniform adjusted rate of $22.40 per
million for sales of securities transacted on April 1, 2012, and
thereafter until the annual adjustment for fiscal 2013 is effective.

V. Conclusion

    Accordingly, pursuant to Section 31 of the Exchange Act,\13\
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78ee.
---------------------------------------------------------------------------

    It is hereby ordered that each of the fee rates under Sections
31(b) and (c) of the Exchange Act shall be $22.40 per $1,000,000 of the
aggregate dollar amount of sales of securities subject to these
sections effective April 1, 2012.

    By the Commission.
Elizabeth M. Murphy,
Secretary.

Appendix A

A. Baseline Estimate of the Aggregate Dollar Amount of Sales

    First, calculate the average daily dollar amount of sales (ADS)
for each month in the sample (January 2002-January 2012). The data
obtained from the exchanges and FINRA are presented in Table A. The
monthly aggregate dollar amount of sales from all exchanges and
FINRA is contained in column C.
    Next, calculate the change in the natural logarithm of ADS from
month-to-month. The average monthly change in the logarithm of ADS
over the entire sample is 0.007 and the standard deviation 0.126.
Assume the monthly percentage change in ADS follows a random walk.
The expected monthly percentage growth rate of ADS is 1.5 percent.

    Now, use the expected monthly percentage growth rate to forecast
total dollar volume. For example, one can use the ADS for January
2012 ($236,326,110,324) to forecast ADS for February 2012
($239,879,615,120 = $236,326,110,324 x 1.015).\14\ Multiply by the
number of trading days in February 2012 (20) to obtain a forecast of
the total dollar volume for the month ($4,797,592,302,406). Repeat
the method to generate forecasts for subsequent months.
---------------------------------------------------------------------------

    \14\ The value 1.015 has been rounded. All computations are done
with the unrounded value.
---------------------------------------------------------------------------

    The forecasts for total dollar volume are in column G of Table
A. The following is a more formal (mathematical) description of the
procedure:
    1. Divide each month's total dollar volume (column C) by the
number of trading days in that month (column B) to obtain the
average daily dollar volume (ADS, column D).
    2. For each month t, calculate the change in ADS from the
previous month as [Delta]t = log (ADSt/
ADSt-1), where log (x) denotes the natural logarithm of
x.
    3. Calculate the mean and standard deviation of the series
{[Delta]1, [Delta]2, * * *,
[Delta]120{time} . These are given by [mu] = 0.007 and
[sigma] = 0.126, respectively.
    4. Assume that the natural logarithm of ADS follows a random
walk, so that [Delta]s and [Delta]t are
statistically independent for any two months s and t.
    5. Under the assumption that [Delta]t is normally
distributed, the expected value of ADSt/ADSt-1
is given by exp ([mu] + [sigma]\2\/2), or on average ADSt
= 1.015 x ADSt-1.
    6. For February 2012, this gives a forecast ADS of 1.015 x
$236,326,110,324 = $239,879,615,120. Multiply this figure by the 20
trading days in February 2012 to obtain a total dollar volume
forecast of $4,797,592,302,406.
    7. For March 2012, multiply the February 2012 ADS forecast by
1.015 to obtain a forecast ADS of $243,486,551,999. Multiply this
figure by the 22 trading days in March 2012 to obtain a total dollar
volume forecast of $5,356,704,143,984.
    8. Repeat this procedure for subsequent months.

B. Using the Forecasts From A To Calculate the New Fee Rate

    1. Determine the aggregate dollar volume of sales between 10/1/
11 and 2/20/12 to be $24,520,003,895,923. Multiply this amount by
the fee rate of $19.20 per million dollars in sales during this
period and get $470,784,075 in actual and projected fees collected
during 10/1/11 and 2/20/12. Determine the projected aggregate dollar
volume of sales between 2/21/12 and 3/31/12 to be
$7,035,861,449,826. Multiply this amount by the fee rate of $18.00
per million dollars in sales during this period and get an estimate
of $126,645,506 in projected fees collected during 2/21/12 and 3/31/
12.
    2. Estimate the amount of assessments on security futures
products collected during 10/1/11 and 9/30/12 to be $16,425 by
summing the amounts collected through January 2012 of $5,716 with
projections of a 1.5% monthly increase in subsequent months.
    3. Determine the projected aggregate dollar volume of sales
between 4/1/12 and 9/30/12 to be $32,330,785,567,489.
    4. The rate necessary to collect $1,321,000,000 in fee revenues
is then calculated as: ($1,321,000,000 - $470,784,075 - $126,645,506
- $16,425) / $32,330,785,567,489 = 0.0000223797.
    5. Round the result to the seventh decimal point, yielding a
rate of 0.0000224000 (or $22.40 per million).
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BILLING CODE 8011-01-C
[FR Doc. 2012-5453 Filed 3-6-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 89 (Thursday, May 7, 2020)]
[Notices]
[Page 27254]
[FR Doc No: 2020-09797]

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SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE, Washington, DC
20549-2736

Extension:
    Rule 0-2, Form ADV-NR, SEC File No. 270-214, OMB Control No.
3235-0240

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the collection of
information summarized below. The Commission plans to submit this
existing collection of information to the Office of Management and
Budget for extension and approval.
    The title for the collection of information is ``Rule 0-2 and Form
ADV-NR under the Investment Advisers Act of 1940.'' Rule 0-2 and Form
ADV-NR facilitate service of process on a non-resident investment
adviser, or on a non-resident general partner or non-resident managing
agent of an investment adviser. Form ADV-NR designates the Secretary of
the Commission, among others, as the non-resident general partner's or
non-resident managing agent's agent for service of process. The
collection of information is necessary for us to obtain appropriate
consent to permit the Commission and other parties to bring actions
against non-resident partners and agents for violations of the federal
securities laws and to enable the commencement of legal and/or
regulatory actions against investment advisers that are doing business
in the United States, but are not residents.
    The respondents to this information collection would be each non-
resident general partner or non-resident managing agent of an SEC-
registered investment adviser and each non-resident general partner or
non-resident managing agent of an exempt reporting adviser. The
Commission has estimated that compliance with the requirement to
complete Form ADV-NR imposes a total burden of approximately 1.0 hours
for an adviser. Based on our experience with these filings, we estimate
that we will receive 53 Form ADV-NR filings annually. Based on the 1.0
hours per respondent estimate, the Commission staff estimates a total
annual burden of 53 hours for this collection of information.
    Rule 0-2 and Form ADV-NR do not require recordkeeping or records
retention. The collection of information requirements under the rule
and form is mandatory. The information collected pursuant to Rule 0-2
and Form ADV-NR is a filing with the Commission. This filing is not
kept confidential and must be preserved until at least three years
after termination of the enterprise. An agency may not conduct or
sponsor, and a person is not required to respond to, a collection of
information unless it displays a currently valid control number.
    Written comments are invited on: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information will
have practical utility; (b) the accuracy of the agency's estimate of
the burden of the collection of information; (c) ways to enhance the
quality, utility, and clarity of the information collected; and (d)
ways to minimize the burden of the collection of information on
respondents, including through the use of automated collection
techniques or other forms of information technology. Consideration will
be given to comments and suggestions submitted in writing within 60
days of this publication. An agency may not conduct or sponsor a
collection of information unless it displays a currently valid OMB
control number. No person shall be subject to any penalty for failing
to comply with a collection of information subject to the PRA that does
not display a valid OMB control number.
    Please direct your written comments to David Bottom, Director/Chief
Information Officer, Securities and Exchange Commission, C/O Cynthia
Roscoe, 100 F Street NE, Washington, DC 20549; or send an email to:
<EMAIL_ADDRESS>
    Dated: May 4, 2020.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-09797 Filed 5-6-20; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 242 (Tuesday, December 18, 2018)]
[Notices]
[Pages 64933-64934]
[FR Doc No: 2018-27275]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2016-0136]

Pipeline Safety: Meetings of the Gas Pipeline Advisory Committee
and Liquid Pipeline Advisory Committee

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.

ACTION: Notice of advisory committee meetings.

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SUMMARY: This notice announces a public meeting of the Technical
Pipeline Safety Standards Committee, also known as the Gas Pipeline
Advisory Committee (GPAC), and a joint meeting of the GPAC and the
Technical Hazardous Liquid Pipeline Safety Standards Committee, also
known as the Liquid Pipeline Advisory Committee (LPAC). The GPAC will
meet to discuss the gathering line component of the proposed rule
titled: ``Safety of Gas Transmission and Gathering Pipelines.'' The
GPAC and LPAC will meet jointly to discuss a variety of policy issues
and topics relevant to both gas and liquid pipeline safety.

DATES: The GPAC will meet on January 8, 2019, from 8:30 a.m. to 5:00
p.m. ET and on January 9, 2019, from 8:30 a.m. to noon ET. The GPAC and
LPAC will meet jointly on January 9, 2019, from 1:00 p.m. to 5:00 p.m.
ET, and on January 10, 2019, from 8:30 a.m. to noon ET. Members of the
public who wish to attend in person must register on the pipeline
advisory committee meeting page no later than December 31, 2018.
Individuals requiring accommodations, such as sign language
interpretation or other ancillary aids, are asked to notify PHMSA by
December 31, 2018. For additional information, see the ADDRESSES
section.

ADDRESSES: The meetings will be held at the U.S. Department of
Transportation (DOT), 1200 New Jersey Avenue SE, Washington, DC 20590.
The meeting agendas and additional information will be available on the
meeting page at: https://primis.phmsa.dot.gov/meetings/MtgHome.mtg?mtg=143.
    The meetings will be webcast. Information for accessing the webcast
will be posted on the meeting page at: https://primis.phmsa.dot.gov/meetings/MtgHome.mtg?mtg=143. Presentations will be available on the
meeting page and posted on the E-Gov website, https://www.regulations.gov/, under docket number PHMSA-2016-0136 within 30
days following the meetings.
    Public Participation: The meetings will be open to the public.
Members of the public may attend the meeting in person or view the
meeting via webcast. Please note, that limited space is available for
in-person attendance. Members of the public who wish to attend in
person must register on the pipeline advisory committee meeting page
at: https://primis.phmsa.dot.gov/meetings/MtgHome.mtg?mtg=143. Members
of the public participating in-person or via the webcast will have an
opportunity to make a statement during the meeting.
    Written Comments: Persons who wish to submit written comments on
the meeting may submit them to the docket in the following ways:
    E-Gov Website: https://www.regulations.gov. This site allows the
public to enter comments on any Federal Register notice issued by any
agency.
    Fax: 1-202-493-2251.
    Mail: Docket Management Facility, DOT, 1200 New Jersey Avenue SE,
West Building, Room W12-140, Washington, DC 20590-0001.
    Hand Delivery: Room W12-140 on the ground level of the DOT West
Building, 1200 New Jersey Avenue SE, Washington, DC, between 9:00 a.m.
and 5:00 p.m., Monday through Friday, except on Federal holidays.
    Instructions: Identify the docket number PHMSA-2016-0136 at the
beginning of your comments. Note that all comments received will be
posted without change to https://www.regulations.gov, including any
personal information provided.
    Anyone can search the electronic form of all comments received into
any of our dockets by the name of the individual submitting the comment
(or signing the comment, if submitted on behalf of an association,
business, labor union, etc.).
    Docket: For docket access or to read background documents or
comments, go to https://www.regulations.gov at any time or to Room W12-
140 on the ground level of the DOT West Building, 1200 New Jersey
Avenue SE,

Washington, DC, between 9:00 a.m. and 5:00 p.m., Monday through Friday,
except Federal holidays.
    If you wish to receive confirmation of receipt of your written
comments, please include a self-addressed, stamped postcard with the
following statement: ``Comments on PHMSA-2016-0136.'' The docket clerk
will date stamp the postcard prior to returning it to you via the U.S.
mail.
    Privacy Act Statement: DOT may solicit comments from the public
regarding certain general notices. DOT posts these comments, without
edit, including any personal information the commenter provides, to
https://www.regulations.gov, as described in the system of records
notice (DOT/ALL-14 FDMS), which can be reviewed at https://www.dot.gov/privacy.
    Services for Individuals with Disabilities: The public meetings
will be fully accessible to people with disabilities. Individuals
requiring accommodations, such as sign language interpretation or other
ancillary aids, are asked to notify Cameron Satterthwaite at
<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: For information about the meetings,
contact Cameron Satterthwaite, at<PHONE_NUMBER>, or
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    The GPAC and the LPAC are statutorily mandated advisory committees
that advise PHMSA on proposed gas pipeline and hazardous liquid
pipeline safety standards, respectively, and their associated risk
assessments. The committees are established in accordance with the
Federal Advisory Committee Act (5 U.S.C. App. 2, as amended) and 49
U.S.C. 60115. The committees consist of 15 members with membership
evenly divided among federal and state governments, the regulated
industry, and the public. The committees advise PHMSA on the technical
feasibility, reasonableness, cost-effectiveness, and practicability of
each proposed pipeline safety standard.

II. Meeting Details and Agenda

    The GPAC will be considering the gathering line component of the
proposed rule titled: ``Safety of Gas Transmission and Gathering
Pipelines,'' that was published in the Federal Register on April 8,
2016, (81 FR 20722) and the associated regulatory analysis. The rule
proposes to repeal the use of API Recommended Practice 80 for gathering
lines, apply Type B requirements along with emergency requirements to
newly regulated greater than 8-inch Type A gathering lines in Class 1
locations, and extend the reporting requirements to all gathering
lines.
    The GPAC and LPAC will meet in a joint session to discuss relevant
policy issues and topics. The topics will include: Pipeline safety
public awareness; regulatory update; Voluntary Information-sharing
System Working Group update; research and development projects update;
and other relevant topics.
    PHMSA will post the agendas on the meeting page at: https://primis.phmsa.dot.gov/meetings/MtgHome.mtg?mtg=143.

    Issued in Washington, DC on December 12, 2018, under authority
delegated in 49 CFR 1.97.
Alan K. Mayberry,
Associate Administrator for Pipeline Safety.
[FR Doc. 2018-27275 Filed 12-17-18; 8:45 am]
 BILLING CODE 4910-60-P