[Federal Register: October 11, 2007 (Volume 72, Number 196)]
[Rules and Regulations]
[Page 57858-57860]
[DOCID:fr11oc07-9]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. COTP San Francisco Bay 07-042]
RIN 1625-AA00

Safety Zone; Monte Foundation Fireworks Extravaganza, Aptos, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for
the Monte Foundation Fireworks Extravaganza to be held at Seacliff
State Beach in Aptos, California, on October 13, 2007. The fireworks
display will be launched from the Seacliff State Beach Pier. This
safety zone is established to ensure the safety of participants and
spectators from the dangers associated with the pyrotechnics.
Unauthorized persons or vessels are prohibited from entering into,
transiting through, or remaining in the safety zone without permission
of the Captain of the Port or his designated representative.

DATES: This rule is effective from 8:15 p.m. to 9:45 p.m. on October
13, 2007.

ADDRESSES: Documents indicated in this preamble as being available in
the docket, are part of the docket COTP San

Francisco Bay 07-042 and are available for inspection or copying at
Coast Guard Sector San Francisco, 1 Yerba Buena Island, San Francisco,
California 94130, between 9 a.m. and 4 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Ensign Sheral Richardson, U.S. Coast
Guard Sector San Francisco, at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM. Logistical details surrounding
the event were not finalized and presented to the Coast Guard in time
to draft and publish an NPRM. As such, the event would occur before the
rulemaking process was complete. Because of the dangers posed by the
pyrotechnics used in this fireworks display, safety zones are necessary
to provide for the safety of event participants, spectator craft, and
other vessels transiting the event area. For the safety concerns noted,
it is in the public interest to have these regulations in effect during
the event.
    For the same reasons listed in the previous paragraph, under 5
U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for
making this rule effective less than 30 days after publication in the
Federal Register. Any delay in the effective date of this rule would
expose mariners to the dangers posed by the pyrotechnics used in the
fireworks display.

Background and Purpose

    The Rudolph F. Monte Foundation is sponsoring a brief fireworks
display on October 13, 2007, to celebrate the Monte Foundation
Fireworks Extravaganza. The fireworks display is meant for
entertainment purposes. The safety zone is being issued to establish a
temporary regulated area at Seacliff State Beach around the fireworks
launch site during the fireworks display. The safety zone around the
launch site is necessary to protect spectators, vessels, and other
property from the hazards associated with the pyrotechnics.

Discussion of Rule

    The Coast Guard is establishing a temporary safety zone on
specified waters at Seacliff State Beach. The safety zone will apply to
the navigable waters around and under the Seacliff State Beach Pier
within a radius of 2,000 feet around the fireworks launch site.
    The safety zone will be for the Monte Foundation Fireworks
Extravaganza which includes all navigable waters, from the surface to
the seafloor, encompassed by connecting the following points to form a
safety zone: Beginning at latitude 36[deg]58'09'' N and longitude
121[deg]54'24'' W; latitude 36[deg]57'44'' N and longitude
121[deg]54'44'' W; latitude 36[deg]58'00'' N and longitude
121[deg]55'22'' W; latitude 36[deg]58'27'' N and longitude
121[deg]55'07'' W; and then back to the beginning point. These
coordinates are based upon datum: NAD 83.
    The effect of the temporary safety zone will be to restrict general
navigation in the vicinity of the fireworks launch site. Except for
persons or vessels authorized by the Coast Guard Patrol Commander, no
person or vessel may enter or remain in the safety zone. This safety
zone is needed to keep spectators and vessels a safe distance away from
the fireworks launch site to ensure the safety of participants,
spectators, and transiting vessels.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
    Although this rule restricts access to the waters encompassed by
the safety zone, the effect of this rule will not be significant
because the local waterway users will be notified via public Broadcast
Notice to Mariners to ensure the safety zone will result in minimum
impact. The entities most likely to be affected are pleasure craft
engaged in recreational activities.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule is
not expected to have a significant economic impact on a substantial
number of entities, some of which may be small entities. This rule may
affect owners and operators of pleasure craft engaged in recreational
activities and sightseeing. This rule will not have a significant
economic impact on a substantial number of small entities for several
reasons: (i) Vessel traffic can pass safely around the area, (ii)
vessels engaged in recreational activities and sightseeing have ample
space outside of the effected portion of Seacliff State Beach to engage
in these activities, (iii) this rule will encompass only a small
portion of the waterway for a limited period of time, and (iv) the
maritime public will be advised in advance of this safety zone via
Broadcast Notice to Mariners.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking process. If the
rule will affect your small business, organization, or government
jurisdiction and you have questions concerning its provisions, options
for compliance, or assistance in understanding this rule, please
contact Ensign Sheral Richardson, U.S. Coast Guard Sector San
Francisco, at<PHONE_NUMBER>.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247).

Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires

Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule will not result in such expenditure, we do
discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD
and Department of Homeland Security Management Directive 5100.1, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
that there are no factors in this case that would limit the use of a
categorical exclusion under section 2.B.2 of the Instruction.
Therefore, this rule is categorically excluded, under figure 2-1,
paragraph (34)(g), of the Instruction, from further environmental
documentation. Paragraph (34)(g) is applicable because this rule
establishes safety zones. A final ``Environmental Analysis Check List''
and a final ``Categorical Exclusion Determination'' will be available
in the docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.

0
2. Add temporary Sec.  165-T11-247 to read as follows: Sec.  165-T11-
247 Safety Zone; Monte Foundation Fireworks Extravaganza, Aptos, CA
    (a) Location. This temporary safety zone is established for the
waters of Seacliff State Beach surrounding the Seacliff State Beach
Pier used as a launch platform for a fireworks display.
    (1) The safety zone includes all navigable waters, from the surface
to the seafloor, encompassed by connecting the following points to form
a safety zone: Beginning at latitude 36[deg]58'09'' N and longitude
121[deg]54'24'' W; latitude 36[deg]57'44'' N and longitude
121[deg]54'44'' W; latitude 36[deg]58'00'' N and longitude
121[deg]55'22'' W; latitude 36[deg]58'27'' N and longitude
121[deg]55'07'' W; and then back to the beginning point. These
coordinates are based upon datum: NAD 83.
    (b) Enforcement Period. This section will be enforced from 8:15
p.m. to 9:45 p.m. on October 13, 2007. If the events conclude prior to
their scheduled termination times, the Coast Guard will cease
enforcement of this safety zone and will announce that fact via
Broadcast Notice to Mariners.
    (c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into, transit through, or anchoring
within this safety zone by all vessels and persons is prohibited,
unless specifically authorized by the Captain of the Port San
Francisco, or his designated representative.
    (2) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port, San Francisco, or the designated
representative.
    (3) Designated representative means any commissioned, warrant, and
petty officer of the Coast Guard onboard a Coast Guard, Coast Guard
Auxiliary, local, state, or federal law enforcement vessel who is
authorized to act on behalf of the Captain of the Port, San Francisco.
    (4) Upon being hailed by U.S. Coast Guard patrol personnel by
siren, radio, flashing light, or other means, the operator of a vessel
shall proceed as directed. Person and vessels may request permission to
enter the safety zone on VHF-16 or via telephone at<PHONE_NUMBER>.
    (5) The U.S. Coast Guard may be assisted in the patrol and
enforcement of this safety zone by local law enforcement as necessary.

    Dated: October 1, 2007.
W.J. Uberti,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco.
[FR Doc. E7-19953 Filed 10-10-07; 8:45 am]

BILLING CODE 4910-15-P


[Federal Register Volume 80, Number 162 (Friday, August 21, 2015)]
[Rules and Regulations]
[Pages 50762-50765]
[FR Doc No: 2015-20676]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 73

[Docket No. FDA-2014-C-1552]

Listing of Color Additives Exempt From Certification; Spirulina
Extract

AGENCY: Food and Drug Administration, HHS.

ACTION: Final rule.

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SUMMARY: The Food and Drug Administration (FDA or we) is amending the
color additive regulations to provide for the safe use of spirulina
extract as a color additive in coating formulations applied to dietary
supplement and drug tablets and capsules. This action is in response to
a petition filed by Colorcon, Inc. (Colorcon).

DATES: This rule is effective September 22, 2015. See section IX for
information on the filing of objections. Submit either electronic or
written objections and requests for a hearing by September 21, 2015.

ADDRESSES: You may submit either electronic or written objections and
requests for a hearing, identified by Docket No. FDA-2014-C-1552, by
any of the following methods:

Electronic Submissions

    Submit electronic objections in the following way:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.

Written Submissions

    Submit written objections in the following ways:
     Mail/Hand delivery/Courier (for paper submissions):
Division of Dockets Management (HFA-305), Food and Drug Administration,
5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
    Instructions: All submissions received must include the Agency name
and Docket No. FDA-2014-C-1552 for this rulemaking. All objections
received will be posted without change to http://www.regulations.gov,
including any personal information provided. For detailed instructions
on submitting objections, see the ``Objections'' heading of the
SUPPLEMENTARY INFORMATION section.
    Docket: For access to the docket to read background documents or
objections received, go to http://www.regulations.gov and insert the
docket number, found in brackets in the

heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Division of Dockets Management, 5630 Fishers
Lane, Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Molly A. Harry, Center for Food Safety
and Applied Nutrition (HFS-265), Food and Drug Administration, 5100
Paint Branch Pkwy., College Park, MD 20740-3835,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Introduction

    In a notice published in the Federal Register of October 22, 2014
(79 FR 63062), we announced that we had filed a color additive petition
(CAP 4C0300), submitted by Colorcon, Inc. (petitioner), 275 Ruth Rd.,
Harleysville, PA 19438. The petition proposed to amend the color
additive regulations in Title 21, Code of Federal Regulations (CFR)
part 73 Listing of Color Additives Exempt From Certification to provide
for the safe use of spirulina extract, prepared by the filtered aqueous
extraction of the dried biomass of Arthrospira platensis (A.
platensis), as a color additive in coating formulations applied to
dietary supplement and drug tablets and capsules.

II. Background

    In the Federal Register of August 13, 2013 (78 FR 49117), we issued
a final rule in response to a color additive petition (CAP 2C0293)
approving the use of a filtered aqueous extract of the dried biomass of
A. platensis as a color additive in candy and chewing gum at levels
consistent with good manufacturing practice (GMP). We established
spirulina extract as the common or usual name for the color additive
and listed it in Sec.  73.530 (21 CFR 73.530). In addition to the
identity of the color additive, the regulation in Sec.  73.530 includes
specifications that must be met for lead, arsenic, mercury, and
microcystin toxin.
    In the Federal Register of April 11, 2014 (79 FR 20095), we issued
a final rule in response to a color additive petition (CAP 2C0297)
amending Sec.  73.530 to include the use of spirulina extract as a
color additive in confections (including candy and chewing gum),
frostings, ice cream and frozen desserts, dessert coatings and
toppings, beverage mixes and powders, yogurts, custards, puddings,
cottage cheese, gelatin, breadcrumbs, and ready-to-eat cereals
(excluding extruded cereals), at levels consistent with GMP.
    The spirulina extract used for the purposes of CAP 4C0300 is a
blue-colored powder produced by the filtered aqueous extraction of the
spray-dried biomass of A. platensis (also known as Spirulina
platensis), an edible blue-green cyanobacterium. The color additive
contains phycocyanins as the principal coloring component. The maximum
phycocyanin content of the color additive is 28 percent. Based on data
and information provided in the petition on the identity, physical and
chemical properties, manufacturing process, and composition of the
color additive, we have determined that the color additive meets the
specifications for spirulina extract in Sec.  73.530 (Ref. 1).
    Spirulina extract is intended to be used as a color additive in
film coating formulations applied to dietary supplement and drug
tablets and capsules in amounts consistent with GMP. The maximum GMP
use level for spirulina extract in an individual coating will be
determined by the desired coloring effect. Therefore, because the
amount of the color additive used in these coatings is self-limiting,
we have determined that there is no need for a specific upper limit on
the percent by weight of spirulina extract in coating formulations
applied to dietary supplement and drug tablets and capsules (Ref. 1).

III. Safety Evaluation

A. Determination of Safety

    Under section 721(b)(4) of the Federal Food, Drug, and Cosmetic Act
(the FD&C Act) (21 U.S.C. 379e(b)(4)), a color additive may not be
listed for a particular use unless the data and information available
to FDA establish that the color additive is safe for that use. Our
color additive regulations at 21 CFR 70.3(i) define ``safe'' to mean
that there is convincing evidence that establishes with reasonable
certainty that no harm will result from the intended use of the color
additive. To establish with reasonable certainty that a color additive
intended for use in food is not harmful under its intended conditions
of use, we consider the projected human dietary exposure to the
additive, the additive's toxicological data, and other relevant
information (such as published literature) available to us. We compare
an individual's estimated exposure, or estimated daily intake (EDI), of
the additive from all food sources to an acceptable daily intake level
established by toxicological data. The EDI is determined by projections
based on the amount of the additive proposed for use in particular
foods or drugs and on data regarding the amount consumed from all
ingested sources of the additive. We commonly use the EDI for the 90th
percentile consumer of a color additive as a measure of high chronic
exposure.

B. Safety of Petitioned Use of the Color Additive

    To support the safety of the petitioned use of spirulina extract as
a color additive in coating formulations applied to dietary supplement
and drug tablets and capsules, Colorcon submitted an exposure estimate
for phycocyanins (the principal coloring component). Colorcon estimated
that the petitioned use of spirulina extract in coating formulations
applied to dietary supplement and drug tablets and capsules will result
in an exposure to phycocyanins of 20.9 milligrams/person/day (mg/p/d)
for the 90th percentile consumer (Ref. 2). We agree with Colorcon's
exposure estimate for phycocyanins and conclude that it is sufficiently
conservative (Ref. 2).\1\
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    \1\ The petition referred to both ``drug tablets and capsules''
and ``pharmaceutical tablets and capsules.'' The term
``pharmaceutical tablets and capsules'' was used regarding the
exposure assessment (Ref. 2).
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    Regarding cumulative exposure (cumulative EDI, or CEDI) to
phycocyanins from spirulina and spirulina-derived substances, FDA
discussed in the final rule for use of spirulina extract as a color
additive in candy and chewing gum that spirulina and spirulina-derived
substances have been the subject of four notices submitted by firms to
FDA informing us of their determinations that certain uses of
spirulina-derived substances are generally recognized as safe (GRAS)
(78 FR 49117 at 49118). One of the GRAS notices (GRN 000424) pertains
to the use of a spirulina-derived substance similar in chemical
composition to the subject color additive but with a much higher
phycocyanin content ranging from 42 to 47 percent, and included use in
all foods (except infant formula and foods under U.S. Department of
Agriculture's jurisdiction) at levels consistent with GMP. The upper
bound CEDI for phycocyanins resulting from the notified uses of
spirulina extract was estimated to be 1,140 mg/p/d in GRN 000424 based
on conservative assumptions (Ref. 3). This exposure estimate does not
appear to include exposure to phycocyanins from use of spirulina
extract in dietary supplements. Colorcon estimated that the use of
spirulina extract in coating formulations applied to dietary supplement
and drug tablets and capsules would increase the previously estimated
upper bound CEDI of phycocyanins by 1.8 percent. We agree that
Colorcon's estimate is conservative, and that the petitioned use of
spirulina

extract would not contribute significantly to the previously estimated
upper bound CEDI of 1,140 mg/p/d for phycocyanins (Ref. 2).
    In support of safety of the use of spirulina extract as a color
additive in coating formulations applied to dietary supplement and drug
tablets and capsules in the subject petition, Colorcon referenced the
safety determinations made by FDA for CAP 2C0293 (78 FR 49117) and CAP
2C0297 (79 FR 20095). The petitioner also conducted a search of the
peer-reviewed scientific literature for animal and human oral
consumption studies that tested spirulina, spirulina-derived
ingredients, and phycocyanins that have been published since 2011. The
petitioner submitted the published animal and human studies that they
had identified as being relevant to their petition. We reviewed the
relevant studies and determined that these publications did not raise
any safety concerns.
    In our previous evaluations of the use of spirulina extract as a
color additive in food, we had selected as the pivotal safety study a
21-month chronic feeding study that tested spirulina powder in rats at
dietary concentrations of 10, 20, or 30 percent (equivalent to 5,000,
10,000, or 15,000 milligrams per kilogram bodyweight per day (mg/kg bw/
d)). The results of this study showed that prolonged oral consumption
of spirulina powder up to a dietary concentration of 15,000 mg/kg bw/d
was without adverse effects. Therefore, we concluded that the no-
observed-effect level (NOEL) for spirulina is 15,000 mg/kg bw/d
(900,000 mg/p/d for a 60 kg person) based on the absence of treatment-
related adverse effects at the highest concentration tested in this
study. We had also determined the NOEL for phycocyanins for humans to
be between 108,000 and 184,500 mg/p/d (78 FR 49117 at 49119). Taking
into account all the available safety information, the estimated
exposure to phycocyanins from the petitioned use of the spirulina
extract, and the margin of safety between the CEDI for phycocyanin
(1,140 mg/p/d) and the NOEL for phycocyanin (108,000 to 184,500 mg/p/
d), we conclude that the petitioned use of spirulina extract as a color
additive in coating formulations applied to dietary supplement and drug
tablets and capsules is safe (Ref. 4).
    The potential allergenicity of spirulina phycocyanins was discussed
in the final rule for the use of spirulina extract as a color additive
in candy and chewing gum (78 FR 49117 at 49119). Based on our review of
a comparison of the known amino acid sequences of phycocyanins with the
sequences of known protein allergens, we had determined that there is a
low probability that phycocyanins are protein allergens. We therefore
concluded that the spirulina phycocyanins present an insignificant
allergy risk to consumers of the color additive. We are not aware of
any new information that would cause us to change this conclusion.

IV. Conclusion

    Based on the data and information in the petition and other
relevant material, we conclude that the petitioned use of spirulina
extract in coating formulations applied to dietary supplement and drug
tablets and capsules is safe. We further conclude that the additive
will achieve its intended technical effect and is suitable for the
petitioned use. Consequently, we are amending the color additive
regulations in part 73 as set forth in this document. In addition,
based upon the factors listed in 21 CFR 71.20(b), we conclude that
certification of spirulina extract is not necessary for the protection
of the public health.

V. Public Disclosure

    In accordance with Sec.  71.15 (21 CFR 71.15), the petition and the
documents that we considered and relied upon in reaching our decision
to approve the petition will be made available for public disclosure
(see FOR FURTHER INFORMATION CONTACT). As provided in Sec.  71.15, we
will delete from the documents any materials that are not available for
public disclosure.

VI. Environmental Impact

    We previously considered the environmental effects of this rule, as
stated in the October 22, 2014, notice of filing for CAP 4C0300. We
stated that we had determined, under 21 CFR 25.32(r), that this action
``is of a type that does not individually or cumulatively have a
significant effect on the human environment'' such that neither an
environmental assessment nor an environmental impact statement is
required. We have not received any new information or comments that
would affect our previous determination.

VII. Paperwork Reduction Act of 1995

    This final rule contains no collection of information. Therefore,
clearance by the Office of Management and Budget under the Paperwork
Reduction Act of 1995 is not required.

VIII. Section 301(ll) of the FD&C Act

    Our review of this petition was limited to section 721 of the FD&C
Act. This final rule is not a statement regarding compliance with other
sections of the FD&C Act. For example, section 301(ll) of the FD&C Act
(21 U.S.C. 331(ll) prohibits the introduction or delivery for
introduction into interstate commerce of any food that contains a drug
approved under section 505 of the FD&C Act (21 U.S.C. 355), a
biological product licensed under section 351 of the Public Health
Service Act (42 U.S.C. 262), or a drug or biological product for which
substantial clinical investigations have been instituted and their
existence has been made public, unless one of the exemptions in section
301(ll)(1) to (4) of the FD&C Act applies. In our review of this
petition, we did not consider whether section 301(ll) of the FD&C Act
or any of its exemptions apply to food containing this color additive.
Accordingly, this final rule should not be construed to be a statement
that a food containing this color additive, if introduced or delivered
for introduction into interstate commerce, would not violate section
301(ll) of the FD&C Act. Furthermore, this language is included in all
color additive final rules that pertain to food and therefore should
not be construed to be a statement of the likelihood that section
301(ll) of the FD&C Act applies.

IX. Objections

    This rule is effective as shown in the DATES section except as to
any provisions that may be stayed by the filing of proper objections.
If you will be adversely affected by one or more provisions of this
regulation, you may file with the Division of Dockets Management (see
ADDRESSES) either electronic or written objections. You must separately
number each objection, and within each numbered objection you must
specify with particularity the provision(s) of the regulation to which
you object, and the grounds for your objection. Within each numbered
objection, you must specifically state whether you are requesting a
hearing on the particular provision that you specify in that numbered
objection. If you do not request a hearing for any particular
objection, you waive the right to a hearing on that objection. If you
request a hearing, your objection must include a detailed description
and analysis of the specific factual information you intend to present
in support of the objection in the event that a hearing is held. If you
do not include such a description and analysis for any particular
objection, you waive the right to a hearing on the objection.
    It is only necessary to send one set of documents. Identify
documents with the

docket number found in brackets in the heading of this document. Any
objections received in response to the regulation may be seen in the
Division of Dockets Management between 9 a.m. and 4 p.m., Monday
through Friday, and will be posted to the docket at http://www.regulations.gov. We will publish notice of the objections that we
have received or lack thereof in the Federal Register.

X. References

    The following references have been placed on display in the
Division of Dockets Management (see ADDRESSES) and may be seen by
interested persons between 9 a.m. and 4 p.m., Monday through Friday,
and are available electronically at http://www.regulations.gov. (FDA
has verified the Web site address in this reference section, but FDA is
not responsible for any subsequent changes to the Web site after this
document publishes in the Federal Register).

1. Memorandum from N. Belai, Color Technology Team, OCAC, CFSAN, FDA
to M. Harry, Division of Petition Review, OFAS, CFSAN, FDA, March
19, 2015.
2. Memorandum from H. Lee, Division of Petition Review, OFAS, CFSAN,
FDA to M. Harry, Division of Petition Review, OFAS, CFSAN, FDA,
January 30, 2015.
3. Letter from D. Keefe, Office of Food Additive Safety, CFSAN, FDA
to H. Newman, Desert Lake Technologies, LLC, Agency Response Letter
GRAS Notice 000424, December 6, 2012, (http://www.fda.gov/Food/IngredientsPackagingLabeling/GRAS/NoticeInventory/ucm335743.htm).
4. Memorandum from T. Walker, Division of Petition Review, OFAS,
CFSAN, FDA to M. Harry, Division of Petition Review, OFAS, CFSAN,
FDA, April 2, 2015.

List of Subjects in 21 CFR Part 73

    Color additives, Cosmetics, Drugs, Medical devices.

    Therefore, under the Federal Food, Drug, and Cosmetic Act and under
authority delegated to the Commissioner of Food and Drugs and re-
delegated to the Director, Center for Food Safety and Applied
Nutrition, 21 CFR part 73 is amended as follows:

PART 73--LISTING OF COLOR ADDITIVES EXEMPT FROM CERTIFICATION

0
1. The authority citation for 21 CFR part 73 continues to read as
follows:

    Authority: 21 U.S.C. 321, 341, 342, 343, 348, 351, 352, 355,
361, 362, 371, 379e.

0
2. Section 73.530 is amended by revising paragraph (c) to read as
follows:

Sec.  73.530  Spirulina extract.

* * * * *
    (c) Uses and restrictions. Spirulina extract may be safely used for
coloring confections (including candy and chewing gum), frostings, ice
cream and frozen desserts, dessert coatings and toppings, beverage
mixes and powders, yogurts, custards, puddings, cottage cheese,
gelatin, breadcrumbs, ready-to-eat cereals (excluding extruded
cereals), and coating formulations applied to dietary supplement
tablets and capsules, at levels consistent with good manufacturing
practice, except that it may not be used to color foods for which
standards of identity have been issued under section 401 of the Federal
Food, Drug, and Cosmetic Act, unless the use of the added color is
authorized by such standards.
* * * * *

0
3. Section 73.1530 is added to subpart B to read as follows:

Sec.  73.1530  Spirulina extract.

    (a) Identity. (1) The color additive spirulina extract is prepared
by the filtered aqueous extraction of the dried biomass of Arthrospira
platensis. The color additive contains phycocyanins as the principal
coloring components.
    (2) Color additive mixtures for drug use made with spirulina
extract may contain only those diluents that are suitable and are
listed in this subpart as safe for use in color additive mixtures for
coloring ingested drugs.
    (b) Specifications. Spirulina extract must conform to the following
specifications and must be free from impurities, other than those
named, to the extent that such other impurities may be avoided by good
manufacturing practice:
    (1) Lead, not more than 2 milligrams per kilogram (mg/kg) (2 parts
per million (ppm));
    (2) Arsenic, not more than 2 mg/kg (2 ppm);
    (3) Mercury, not more than 1 mg/kg (1 ppm); and
    (4) Negative for microcystin toxin.
    (c) Uses and restrictions. Spirulina extract may be safely used for
coloring coating formulations applied to drug tablets and capsules, at
levels consistent with good manufacturing practice.
    (d) Labeling requirements. The label of the color additive and any
mixture prepared therefrom intended solely or in part for coloring
purposes shall conform to the requirements of Sec.  70.25 of this
chapter.
    (e) Exemption from certification. Certification of this color
additive is not necessary for the protection of the public health, and
therefore batches thereof are exempt from the certification
requirements of section 721(c) of the Federal Food, Drug, and Cosmetic
Act.

    Dated: August 14, 2015.
Susan Bernard,
Director, Office of Regulations, Policy and Social Sciences, Center for
Food Safety and Applied Nutrition.
[FR Doc. 2015-20676 Filed 8-20-15; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register: June 2, 2006 (Volume 71, Number 106)]
[Notices]
[Page 32062]
[DOCID:fr02jn06-46]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. OR06-8-000]

Colonial Pipeline Company; Notice of Petition for Declaratory
Order

May 26, 2006.
    Take notice that on May 22, 2006, Colonial Pipeline Company
(Colonial) pursuant to Rule 207(a)(2) of the Commission's Rules of
Practice and Procedure, 18 CFR 385.207(a)(2)(2005), has petitioned the
Commission to issue a declaratory order confirming the proposed rate
structure for Colonial's planned mainline expansion from Baton Rouge,
Louisiana to Atlanta, Georgia. Colonial requests a Commission decision
on its petition by July 31, 2006.
    Any person desiring to intervene or to protest this filing 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). 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. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the date as indicated
below. Anyone filing an intervention or protest must serve a copy of
that document on the Applicant. Anyone filing an intervention or
protest on or before the intervention or protest date need not serve
motions to intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible online at http://www.ferc.gov, using the

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

TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on June 16, 2006.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-8600 Filed 6-1-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 70 (Friday, April 10, 2020)]
[Proposed Rules]
[Pages 20226-20228]
[FR Doc No: 2020-07631]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2020-0201]
RIN 1625-AA00

Safety Zone; Lake of the Ozarks, Mile 1.5 on the Gravois Arm of
the Lake of the Ozarks, Lake Ozark, MO

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard is proposing to establish a temporary safety
zone for certain waters of the Lake of the Ozarks. This action is
necessary to provide for the safety of life on these navigable waters
during a fireworks display scheduled for June 6, 2020. This proposed
rulemaking would prohibit persons and vessels from being in the safety
zone unless authorized by the Captain of the Port Sector Upper
Mississippi River or a designated representative. We invite your
comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast
Guard on or before May 11, 2020.

ADDRESSES: You may submit comments identified by docket number USCG-
2020-0201 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for

Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Commander Christian Barger, Sector Upper
Mississippi River Waterways Management Division, U.S. Coast Guard;
telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Sector Upper Mississippi River
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On March 14, 2020, AM Pyrotechnics, LLC notified the Coast Guard
that it will be conducting a firework display from 9:00 p.m. through
9:30 p.m. on June 6, 2020. The fireworks are to be launched from a
barge located at mile 1.5 on the Gravois Arm of the Lake of the Ozarks
in Lake Ozark, MO. Hazards from firework displays include accidental
discharge of fireworks, dangerous projectiles, and falling hot embers
or other debris. The Captain of the Port Sector Upper Mississippi River
(COTP) has determined that potential hazards associated with the
fireworks to be used in this display would be a safety concern for
anyone within a 420-foot radius of the barge.
    The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters within a 420-foot radius of the fireworks
barge before, during, and after the scheduled event. The Coast Guard is
proposing this rulemaking under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231).

III. Discussion of Proposed Rule

    The COTP is proposing to establish a safety zone from 8:30 through
10 p.m. on June 6, 2020 to allow for moving the firework barge into
place, conducting the display, and removal of the barge. The safety
zone would cover all navigable waters within 420 feet of the barge
located at mile 1.5 on the Gravois Arm of the Lake of the Ozarks in
Lake Ozark, MO. The duration of the zone is intended to ensure the
safety of persons, vessels, and these navigable waters before, during,
and after the scheduled 9:00 p.m. to 9:30 p.m. fireworks display. No
vessel or person would be permitted to enter the safety zone without
obtaining permission from the COTP or a designated representative. The
COTP or a designated representative will inform the public of the
enforcement dates and times for this safety zone, as well as any
emergent safety concerns that may delay the enforcement of the zone,
through Local Notices to Mariners (LNM).

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes and Executive orders, and
we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size,
location, and duration of the temporary safety zone. This action
involves a firework display that impacts only a half mile stretch of
Lake of the Ozarks for one and a half hours.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please call or email the person listed in the FOR FURTHER INFORMATION
CONTACT section. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.

C. Collection of Information

    This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132
(Federalism), if it has a substantial direct effect 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. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of

their discretionary regulatory actions. In particular, the Act
addresses actions that may result in the expenditure by a State, local,
or tribal government, in the aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or more in any one year. Though
this proposed rule would not result in such an expenditure, we do
discuss the effects of this rule elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule involves a
temporary safety zone lasting only one and a half hours on one day that
would prohibit entry within 420 feet of a firework barge. Normally such
actions are categorically excluded from further review under paragraph
L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01,
Rev. 1. A preliminary Record of Environmental Consideration supporting
this determination is available in the docket. For instructions on
locating the docket, see the ADDRESSES section of this preamble. We
seek any comments or information that may lead to the discovery of a
significant environmental impact from this proposed rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places, or vessels.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
    We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, call or email the person
in the FOR FURTHER INFORMATION CONTACT section of this document for
alternate instructions.
    We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and
submissions in response to this document, see DHS's Correspondence
System of Records notice (84 FR 48645, September 26, 2018).
    Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.

0
2. Add Sec.  165.T08-0201 to read as follows:

Sec.  165.T08-0201  Safety Zone; Lake of the Ozarks, Mile 1.5 on the
Gravois Arm of the Lake of the Ozarks, Lake Ozark, MO

    (a) Location. The following area is a safety zone: Lake of the
Ozarks, Mile 1.5 on the Gravois Arm of the Lake of the Ozarks, Lake
Ozark, MO.
    (b) Period of enforcement. This section is effective from 8:30 p.m.
through 10 p.m. on June 6, 2020.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  165.23 of this part, persons and vessels are prohibited from
entering the safety zone unless authorized by the Captain of the Port
Sector Upper Mississippi River (COTP) or a designated representative. A
designated representative is a commissioned, warrant, or petty officer
of the U.S. Coast Guard assigned to units under the operational control
of USCG Sector Upper Mississippi River.
    (2) Persons or vessels desiring to enter into or pass through the
zone must request permission from the COTP or a designated
representative. They may be contacted by telephone at<PHONE_NUMBER>.
    (3) If permission is granted, all persons and vessels shall comply
with the instructions of the COTP or designated representative while
navigating in the regulated area.
    (d) Informational broadcasts. The COTP or a designated
representative will inform the public of the enforcement date and times
for this safety zone, as well as any emergent safety concerns that may
delay the enforcement of the zone through Local Notices to Mariners
(LNM).

    Dated: April 6, 2020.
S.A. Stoermer,
Captain, U.S. Coast Guard, Captain of the Port Sector Upper Mississippi
River.
[FR Doc. 2020-07631 Filed 4-9-20; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 77, Number 155 (Friday, August 10, 2012)]
[Notices]
[Pages 47896-47897]
[FR Doc No: 2012-19629]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-67594; File No. SR-NASDAQ-2012-093]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Modify NASDAQ's Fee Schedule Governing Order Routing

August 6, 2012.
    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 July 31, 2012, The NASDAQ Stock Market LLC (``NASDAQ'' or the
``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 the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    NASDAQ proposes to modify NASDAQ's fee schedule governing order
routing. NASDAQ will implement the proposed change on August 1, 2012.
The text of the proposed rule change is available at http://nasdaq.cchwallstreet.com, at NASDAQ'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, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those statements may be examined at
the places specified in Item III [sic] below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

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

1. Purpose
    NASDAQ is making a minor modification to the schedule governing
fees for use of its routing services. Effective August 1, 2012, the
NASDAQ OMX PSX (``PSX'') facility of NASDAQ OMX PHLX LLC (``Phlx'') has
increased the fees that it charges for accessing liquidity.\3\
Accordingly, NASDAQ is making a conforming change to the fee that it
charges for routing directed orders to PSX, increasing the charge from
$0.0005 per share executed to $0.0029 per share executed.
---------------------------------------------------------------------------

    \3\ See SR-Phlx-2012-102 (July 31, 2012). In making this change,
Phlx undid a pricing change made for July 2012 and reverted to the
pricing in effect prior to July 2, 2012. See Securities Exchange Act
Release No. 67387 (July 10, 2012), 77 FR 41838 (July 16, 2012) (SR-
Phlx-2012-87). Similarly, NASDAQ adjusted its routing fees in July
2012 to reflect the change made by Phlx and is now reverting to the
fees formerly in effect. See Securities Exchange Act Release No.
67355 (July 5, 2012), 77 FR 40926 (July 11, 2012) (SR-NASDAQ-2012-
079).
---------------------------------------------------------------------------

2. Statutory Basis
    NASDAQ believes that the proposed rule change is consistent with
the provisions of Section 6 of the Act,\4\ in general, and with
Sections 6(b)(4) and (5) of the Act,\5\ in particular, in that it
provides for the equitable allocation of reasonable dues, fees and
other charges among members and issuers and other persons using any
facility or system which NASDAQ operates or controls, and is not
designed to permit unfair discrimination between customers, issuers,
brokers or dealers. All similarly situated members are subject to the
same fee structure, and access to NASDAQ is offered on fair and non-
discriminatory terms. The change is reasonable because the proposed fee
for routing directed orders to PSX reflects the fact that PSX is
increasing the fee that it charges NASDAQ with respect to such
orders.\6\ The change is consistent with an equitable allocation of
fees because it will bring the economic attributes of routing directed
orders to PSX more in line with the cost of executing orders there.
Finally, the change is not unfairly discriminatory because it applies
solely to members that opt to route directed orders to PSX.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78f.
    \5\ 15 U.S.C. 78f(b)(4) and (5).
    \6\ Depending on the listing venue of the security, NASDAQ will
be charged either $0.0019 or $0.0027 per share executed. NASDAQ
believes that it is appropriate to charge a markup with respect to
directed orders to reflect the costs of offering routing services
and the value of such services. Notably, in all instances NASDAQ
charges a markup with respect to the special processing associated
with the use of directed orders. NASDAQ further notes that it does
not currently charge a markup with respect to non-directed orders
that are routed to PSX, so the markup with respect to directed
orders provides an opportunity to recoup a portion of the general
costs associated with operating a routing service. Although the
amount of the markup varies depending on the listing venue of the
security, NASDAQ believes that it is not inappropriate to charge a
uniform fee for the service of routing directed orders to a
particular venue, and further notes that the fee for routing
directed orders to PSX is lower than the $0.0035 per share executed
fee for routing directed orders to other venues.
---------------------------------------------------------------------------

    Finally, NASDAQ notes that it operates in a highly competitive
market in which market participants can readily favor competing venues
if they deem fee levels at a particular venue to be excessive. In such
an environment, NASDAQ must continually adjust its fees to remain
competitive with other exchanges and with alternative trading systems
that have been exempted from compliance with the statutory standards
applicable to exchanges. NASDAQ believes that the proposed rule change
reflects this competitive environment because it is designed to ensure
that the charges for use of the NASDAQ routing facility to route to PSX
reflect an increase in the cost of such routing.

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

    NASDAQ does not believe that the proposed rule change will result
in any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act, as amended. Because the market
for order execution is extremely competitive, members may readily opt
to disfavor NASDAQ's routing services if they believe that alternatives
offer them better value. The proposed change is designed to ensure that
the charges for use of the NASDAQ routing facility to route to PSX
reflect an increase in the cost of such routing, thereby ensuring that
it does not incur a loss when routing to PSX.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act.\7\ At any time

within 60 days of the filing of the proposed rule change, the
Commission summarily may temporarily suspend such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act. If the Commission takes such
action, the Commission shall institute proceedings to determine whether
the proposed rule should be approved or disapproved.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(3)(a)(ii) [sic].
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2012-093 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-NASDAQ-2012-093. This
file number should be included on the subject line if email is used.

    To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for Web site
viewing and printing in the Commission's Public Reference Room on
official business days between the hours of 10 a.m. and 3 p.m. Copies
of such filing also will be available for inspection and copying at the
principal offices 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-2012-093, and should be submitted on or before
August 31, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
---------------------------------------------------------------------------

    \8\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-19629 Filed 8-9-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 155 (Friday, August 10, 2012)]
[Notices]
[Pages 47911-47912]
[FR Doc No: 2012-19590]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. FAA-2012-0571]

Notice of a Change in Direction Finder Availability in Alaska

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice for public comment.

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SUMMARY: This Notice Announcement is a request for public comment on a
proposal to decommission all 29 Direction Finders (DF) and the
associated DF approaches in Alaska. DF usage for pilot orientation has
become almost non-existent. Since 2004, the Alaska Flight Service
Information Area Group (AFSIAG) has documented eight flight assists
that involved lost or disoriented pilots. Of these, the use of DF
equipment was documented three times. Since 2008, there have been no
flight assists, nor usage of DF equipment for orientation services.
Newer technologies such as Global Positioning System (GPS) and
Automatic Dependent Surveillance--Broadcast (ADS--B) have reduced the
utilization of DF steers. Flight Service Stations have other tools
available to assist lost or disoriented pilots, such as VOR, ADF, and
GPS, that meet the needs of our aviation community. DF equipment is
beyond its useful lifecycle.

DATES: Send your comments on or before September 10, 2012.

ADDRESSES: You may send comments [identified by Docket No. FAA-2012-
0571] using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation, 1200 New Jersey Avenue SE., Room W12-140,
West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Bring comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
     Privacy: We will post all comments we receive, without
change, to http://www.regulations.gov, including any personal
information you provide.
    Docket: To read rulemaking or background documents or comments
received, you may go to http://www.regulations.gov at any time and
follow the online instructions for accessing the docket. Alternatively,
you may go to Docket Operations in Room W12-140 of the West Building
Ground Floor at 1200 New Jersey Avenue SE., Washington, DC, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Steven Villanueva, Manager, Flight
Services Safety and Operations Support; Mail Drop: 1575 Eye Street NW.,
Room 9304; 800 Independence Avenue SW.; Washington, DC 20591; telephone
(202) 385-7795; Fax<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites interested persons to submit written comments or
views. The most helpful comments reference a specific portion of the
proposal, explain the reason for any recommended change, and include
supporting data.
    Privacy Act: Please note that we will post all comments we receive,
without change, to http://www.regulations.gov, including any personal
information you provide. Using the search function of the docket Web
site, anyone can find and read the electronic form of all comments
received in any of our dockets, including the name of the individual
sending the comment (or signing the comment for an association,
business, labor union, etc.). You may review the Department of
Transportation's complete Privacy Act Statement in the Federal Register
published on April 11, 2000 (65 FR 19477-78) or you may visit http://docketsinfo.dot.gov/.

    Issued in Washington, DC, on August 1, 2012.
Jeanne Giering,
Director, Flight Service Program Operations.
[FR Doc. 2012-19590 Filed 8-9-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 110 (Friday, June 7, 2019)]
[Notices]
[Pages 26716-26717]
[FR Doc No: 2019-11990]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Opportunity for Public Comment on a Proposed Change of
Airport Property Land Use From Aeronautical to Non-Aeronautical Use at
Tulsa International Airport, Tulsa, OK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice.

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SUMMARY: The FAA is considering a request from Tulsa Airports
Improvement Trust to change approximately 507 acres located on the east
side of the airport between North Mingo Road and Highway 169 from
aeronautical use to non-aeronautical use and to authorize the
conversion of the airport property.
    The proposal consists of three parcels of land which were
originally acquired under the following grants: Federal Airport Aid
Program (FAAP) Nos. 9-34-032-C132 in 1963 and 3-34-032-C514 in 1965 and
Airport Development Aid Program (ADAP) No.6-40-99-15 in 1978. The land
comprising these parcels is outside the forecasted need for aviation
development and is no longer needed for indirect or direct aeronautical
use. The Airport wishes to develop this land for compatible commercial,
non-aeronautical use. The Airport will retain ownership of this land
and ensure the protection of Part 77 surfaces and compatible land use.
The income from the conversion of these parcels will benefit the
aviation community by reinvestment in the airport.
    Approval does not constitute a commitment by the FAA to financially
assist in the conversion of the subject airport property nor a
determination of eligibility for grant-in-aid funding from

the FAA. The disposition of proceeds from the conversion of the airport
property will be in accordance with FAA's Policy and Procedures
Concerning the Use of Airport Revenue, published in the Federal
Register on February 16, 1999. In accordance with section 47107(h) of
Title 49, United States Code, this notice is required to be published
in the Federal Register 30 days before modifying the land-use assurance
that requires the property to be used for an aeronautical purpose.

DATES: Comments must be received on or before July 8, 2019.

ADDRESSES: Send comments on this document to Mr. Justin Barker, Federal
Aviation Administration, Arkansas/Oklahoma Airports District Office
Manager, 10101 Hillwood Parkway, Fort Worth, TX 76177.

FOR FURTHER INFORMATION CONTACT: Ms. Alexis Higgins, Chief Executive
Officer of Tulsa Airports Improvement Trust, 7777 East Apache, Suite
A217, Tulsa, OK 74115, telephone<PHONE_NUMBER>; or Mr. Justin Barker,
Federal Aviation Administration, Arkansas/Oklahoma Airports District
Office Manager, 10101 Hillwood Parkway, Fort Worth, TX 76177, telephone
(817) 222-5630. Documents reflecting this FAA action may be reviewed at
the above locations.

    Issued in Fort Worth, TX, on May 30, 2019.
Ignacio Flores,
Director, Airports Division, FAA, Southwest Region.
[FR Doc. 2019-11990 Filed 6-6-19; 8:45 am]
 BILLING CODE P


[Federal Register Volume 86, Number 201 (Thursday, October 21, 2021)]
[Notices]
[Pages 58329-58330]
[FR Doc No: 2021-22904]

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SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-451, OMB Control No. 3235-0763]

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 304 of Regulation ATS and Form ATS

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (``PRA'') (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the existing
collection of information provided for in Rule 304 of Regulation ATS
(17 CFR 242.304) and Form ATS-N under the Securities Exchange Act of
1934 (15 U.S.C. 78a et seq.) (``Exchange Act''). The Commission plans
to submit this existing collection of information to the Office of
Management and Budget (``OMB'') for extension and approval.
    Regulation ATS provides a regulatory structure for alternative
trading systems. Rule 304 of Regulation ATS provides conditions for NMS
Stock ATSs seeking to rely on the exemption from the definition of
``exchange'' provided by Rule 3a1-1(a) of the Exchange Act, including
to file a Form ATS-N, and for that Form ATS-N to become effective. Form
ATS-N requires NMS Stock ATSs to provide information about their manner
of operations, the broker-dealer operator, and the ATS-related
activities of the broker-dealer operator and its affiliates to comply
with the conditions provided under Rule 304. Form ATS-N promotes more
efficient and effective market operations by providing more
transparency to market participants about the operations of NMS Stock
ATSs and the potential conflicts of interest of the controlling broker-
dealer operator and its affiliates, and helps brokers meet their best
execution obligations to their customers. Operational transparency
rules, including Form ATS-N, are designed to increase competition among
trading centers in regard to order routing and execution quality.
    The Commission staff estimates that entities subject to the
requirements of Rule 304 and Form ATS-N will spend a total of
approximately 2,042 hours a year to comply with the Rule.
    Written comments are invited on: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the

Commission, including whether the information shall have practical
utility; (b) the accuracy of the Commission's estimates of the burden
of the proposed 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, and a person is not required
to respond to, a collection of information under the PRA unless it
displays a currently 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 protected].

    Dated: October 15, 2021.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-22904 Filed 10-20-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: February 12, 2008 (Volume 73, Number 29)]
[Notices]
[Page 8039]
[DOCID:fr12fe08-20]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. TS08-2-000]

FPL Energy Oliver Wind, LLC; Notice of Filing

February 6, 2008.
    Take notice that on January 30, 2008, FPL Energy Oliver Wind, LLC
filed a petition for waiver of certain Standards of Conduct
regulations, pursuant to the Commission's Order Nos. 888, 889, and 890.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). 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. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

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

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

TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on February 20, 2008.

Kimberly D. Bose,
Secretary.
 [FR Doc. E8-2528 Filed 2-11-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: July 7, 2008 (Volume 73, Number 130)]
[Notices]
[Page 38482-38483]
[DOCID:fr07jy08-133]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58056; File No. SR-NYSEArca-2008-67]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Amend Its
Schedule of Fees and Charges for Exchange Services in Order To Extend
the Current Pilot Program Regarding Transaction Fees Charged for Trades
Executed Through the Intermarket Options Linkage

June 30, 2008.
    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 June 24, 2008, NYSE Arca, Inc. (``NYSE Arca'' 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 substantially by the Exchange. 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 Substance
of the Proposed Rule Change

    The Exchange proposes to amend its Schedule of Fees and Charges for
Exchange Services in order to extend until July 31, 2009 the current
pilot program regarding transaction fees

charged for trades executed through the intermarket options linkage
(``Linkage''). The text of the proposed rule change is available at
http://www.nyse.com, the Exchange, and the Commission's Public
Reference Room.

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

    In its filing with the Commission, the Exchange 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. The Exchange 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 purpose of this proposed rule change is to extend for one year
the pilot program establishing an NYSE Arca fee for Principal (``P'')
Orders and Principal Acting as Agent (``P/A'') Orders executed through
Linkage. The fee currently is effective for a pilot program set to
expire on July 31, 2008, and this filing would extend the fee through
July 31, 2009. The fee that NYSE Arca charges for P and P/A orders is
the basic execution fee for trading on NYSE Arca. This is the same fee
that all NYSE Arca Option Trading Permit Holders pay for non-customer
transactions executed on the Exchange. The Exchange does not charge for
the execution of Satisfaction Orders sent through Linkage and is not
proposing to charge for such orders. The Exchange is making no
substantive changes to the operation of the pilot program, other than
extending the pilot program through July 31, 2009.

2. Statutory Basis

    The Exchange believes that the proposal is consistent with Section
6(b) of the Act,\3\ in general, and Section 6(b)(4),\4\ in particular,
in that it provides for the equitable allocation of reasonable dues,
fees and other charges among its members and other persons using its
facilities for the purpose of executing P and P/A orders through
Linkage.
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    \3\ 15 U.S.C. 78f(b).
    \4\ 15 U.S.C. 78f(b)(4).
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B. Self-Regulatory Organization's Statement on Burden on Competition

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

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

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

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \5\ and Rule 19b-4(f)(6) thereunder.\6\
Because the proposed rule change does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act \7\ and Rule 19b-
4(f)(6) \8\ thereunder. 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.
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    \5\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \6\ 17 CFR 240.19b-4(f)(6).
    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the Exchange to give the Commission written notice of the
Exchange's intent to file the proposed rule change along with a
brief description and text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission. The
Exchange has satisfied the pre-filing requirement.
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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-NYSEArca-2008-67 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090.
All submissions should refer to File Number SR-NYSEArca-2008-67. 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 on official
business days between the hours of 10 a.m. and 3 p.m. Copies of such
filing also will be available for inspection and copying at the
principal office of the Exchange. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-NYSEArca-2008-67 and should be submitted on or before
July 28, 2008.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
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    \9\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-15213 Filed 7-3-08; 8:45 am]

BILLING CODE 8010-01-P