[Federal Register Volume 88, Number 169 (Friday, September 1, 2023)]
[Notices]
[Pages 60450-60451]
[FR Doc No: 2023-18967]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OA-2010-0757; FRL-11344-01-OMS]

Proposed Information Collection Request; Comment Request;
Confidential Financial Disclosure Form for Special Government Employees
Serving on Federal Advisory Committees at the U.S. Environmental
Protection Agency (Renewal); EPA ICR No. 2260.08, OMB Control No. 2090-
0029

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) is planning to
submit an information collection request (ICR), ``Confidential
Financial Disclosure Form for Special Government Employees Serving on
Federal Advisory Committees at the U.S. Environmental Protection
Agency, EPA Form 3110-48 (Renewal)'' (EPA ICR No. 2260.08, OMB Control
No. 2090-0029) to the Office of Management and Budget (OMB) for review
and approval in accordance with the Paperwork Reduction Act. Before
doing so, EPA is soliciting public comments on specific aspects of the
proposed information collection as described below. This is a proposed
extension of the ICR, which is currently approved through June 30,
2024. 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 OMB control number.

DATES: Comments must be submitted on or before November 8, 2023.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OA-
2010-0757, online using www.regulations.gov (our preferred method), by
email to [email protected], or by mail to: EPA Docket Center,
Environmental Protection Agency, Mail Code 28221T, 1200 Pennsylvania
Ave. NW, Washington, DC 20460.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be confidential business information (CBI) or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Gina Moore, Office of Resources and
Business Operations, Federal Advisory Committee Management Division,
Mail Code 1601M, Environmental Protection Agency, 1200 Pennsylvania
Ave. NW, Washington, DC 20460; telephone number:<PHONE_NUMBER>; email
address: [email protected].

SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail
the information that the EPA will be collecting are available in the
public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, William
Jefferson Clinton West, Room 3334, 1301 Constitution Avenue NW,
Washington, DC The telephone number for the Docket Center is 202-566-
1744. For additional information about EPA's public docket, visit
https://www.epa.gov/dockets.
    Pursuant to section 3506(c)(2)(A) of the PRA, EPA is soliciting
comments and information to enable it to: (i) evaluate 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; (ii) evaluate the accuracy of the Agency's estimate
of the burden of the proposed collection of information, including the
validity of the methodology and assumptions used; (iii) enhance the
quality, utility, and clarity of the information to be collected; and
(iv) minimize the burden of the collection of information on those who
are to respond, including through the use of appropriate automated
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses. EPA will consider the comments received and
amend the ICR as appropriate. The final ICR package will then be
submitted to OMB for review and approval. At that time, EPA will issue
another Federal Register notice to announce the submission of the ICR
to OMB and the opportunity to submit additional comments to OMB.
    Abstract: The purpose of this information collection request is to
assist the EPA in selecting federal advisory committee members who will
be appointed as Special Government Employees (SGEs), mostly to the
EPA's scientific and technical committees. To select SGE members as
efficiently and cost effectively as possible, the Agency needs to
evaluate potential conflicts of interest before a candidate is hired as
an SGE and appointed as a member to a committee.
    Agency officials developed the ``Confidential Financial Disclosure
Form for Special Government Employees Serving on Federal Advisory
Committees at the U.S. Environmental Protection Agency,'' also referred
to as Form 3110-48, for greater inclusion of information to discover
any potential conflicts of interest as recommended by the Government
Accountability Office.
    Form Number: EPA Form 3110-48.
    Respondents/affected entities: Entities potentially affected by
this action are approximately 250 candidates for membership as SGEs on
EPA federal advisory committees. SGEs are required to file a
confidential financial disclosure report (Form 3110-48) when first
appointed to serve on EPA advisory committees, and then annually
thereafter. Committee members may also be required to update the
confidential form before each meeting while they serve as SGEs.
    Respondent's obligation to respond: Required in order to serve as
an SGE on a federal advisory committee at EPA (5 CFR 2634.903).
    Estimated number of respondents: 250 (total).
    Frequency of response: When first appointed to serve on an EPA
advisory committee and annually thereafter. Committee members may also
be required to update the confidential form before each meeting while
they serve as SGEs.
    Total estimated burden: 250 hours per year (1 hour per respondent).
Burden is defined at 5 CFR 1320.03(b)
    Total estimated cost: $22,000 (per year), includes $0 annualized
capital or operation & maintenance costs.
    Changes in Estimates: We anticipate an increase in the total
estimated respondent burden compared with the ICR currently approved by
OMB. The estimated number of respondents needs to be revised to
consider several committees and subcommittees with SGEs that were
established since the ICR was last renewed, as well as SGEs who serve
as consultants to the committees on an ad-hoc basis.

Kimberly Y. Patrick,
Principal Deputy Assistant Administrator, Office of Mission Support.
[FR Doc. 2023-18967 Filed 8-31-23; 8:45 am]
BILLING CODE 6560-50-P


United States Environmental Protection Agency
Washington, DC 20460
Notice of Intent (NOI) of Coverage Under the Pesticide General Permit (PGP) for Discharges from the Application of Pesticides
Form Approved
OMB No.
2040-0004
Submission of this completed Notice of Intent (NOI) constitutes notice that the Operator identified in Section B intends to be authorized to discharge pollutants to waters of the United States within the pest management area identified in Section C under EPA's Pesticide General Permit. Submission of this NOI constitutes notice that the party identified in Section B of this form has read, understands, and meets the eligibility conditions of Part 1 of the permit; agrees to comply with all applicable terms and conditions of the permit; and understands that continued authorization under the permit is contingent on maintaining eligibility for coverage. To be granted coverage, all information required on this form must be completed. Please read and make sure you comply with all permit requirements, including the requirement for large entities to prepare a Pesticide Discharge Management Plan (PDMP) prior to NOI submittal. Refer to the instructions at the end of this form to complete your NOI.
Approval to Use Paper NOI Form (Electronic Submission Waiver)
Has the EPA Regional Office granted you a waiver from electronic reporting*?        YES         NO
If yes, check which waiver you have been granted, the name of the EPA Regional Office staff person who granted the waiver, and the date of approval:
Waiver granted:
  The Decision-maker is physically located in a geographical area (i.e., ZIP code or census tract) that is identified as under-served for broadband Internet access in the most recent report from the Federal Communications Commission.
  The Decision-maker has limitations regarding available computer access or computer capability.
Name of EPA staff person who granted the waiver:

Date approval obtained:

                                       /

                                       /

*Note: You are required to obtain approval from the applicable EPA Regional Office prior to using this paper NOI form. If you have not obtained a waiver, you must file this form electronically using EPA's NPDES eReporting Tool (NeT) at https://www.epa.gov/npdes/pesticide-permitting.
A. Notice of Intent Status
1. Mark whether this is the first time you are requesting coverage under the 2021 PGP, or if this is a change of information for a discharge already covered under the 2021 PGP. If this is a change of information, supply the NPDES permit tracking number for the discharge.
   a.  Original NOI Submission

   b.  NOI Change of Information:

 (NPDES Permit Tracking Number)

          Please note:  When selecting A.1.b please fill out Section B (Operator Name and Mailing Address) and the fields of the NOI that need to be modified.
B. Operator Information
1.	Operator Name:

2.	Operator Type (check one):
   a.	 Federal government	b.  State government	c. Local government
   d.	 Mosquito control district (or similar)	e.  Irrigation control district (or similar)	f.  Weed control district (or similar)
      g.  Other: If other, provide brief description of type of Operator:

  3.  Are you a large entity as defined in Appendix A of the permit?  (check one):   Yes	 No
    Please note: If you answer "Yes" to question 3 you are required to develop a Pesticide Discharge Management Plan (PDMP) and submit an Annual Report reflecting all pesticide uses for which you are requesting permit coverage under this NOI.

  4. In which state are your pest management areas located? Please specify only one state per NOI:

  5.	Mailing Address:
   a. Street:

   b. City:

                                                                      c. State:

  d. ZIP Code:

                                       -

   e. Telephone:

                                       -

                                       -

                                      Ext

                                                                        f. Fax:

                                       -

                                       -

   g. Contact Name:

   h. E-mail:

C.	Pest Management Areas: Complete Section C for each Pest Management Area for which coverage under EPA's Pesticide General Permit is desired. Copy this section for additional Pest Management Areas.
  Pest Management Area #___ of ##___
1. Pest Management Area Name:
    Provide a map of the location of the Pest Management Area or describe the location of the Pest Management Area in detail.

  2. Are any of your activities for which you are requesting coverage under this NOI occurring on Indian Country?          Yes           No
       If yes, identify the reservation or otherwise describe those areas:

  3.  Are any of your activities (in this pest management area) for which you are requesting coverage under this NOI occurring on areas considered "federal facilities" as defined by the permit?   Yes       No
  4. Mailing address and contact information of the pesticide Applicator (or check here  if same as provided in Section B):
a. Street:

b. City:

                                                                      c. State:

  d. ZIP Code:

                                       -

e. Telephone:

                                       -

                                       -

                                      Ext

                                                                        f. Fax:

                                       -

                                       -

   g. Contact Name:

   h. E-mail:

  5. Pesticide Use Patterns to be included in this Pest Management Area (check all that apply):
     a.  Mosquito and Other Flying Insect Pest  Control
b.  Weed and Algae Pest Control
c.  Animal Pest Control
d.  Forest Canopy Pest Control
  6. 	Receiving Waters (check one):
a.  Coverage requested for all waters of the United States within the Pest Management Area identified above.
  b.  Coverage requested specifically for the following waters of the United States within the Pest Management Area identified above.

  c.  Coverage requested for all waters of the United States within the Pest Management Area identified above except for:

     7.  Tier 3 Waters
    Is coverage requested for discharge to a Tier 3 water (Outstanding National Resource Water) of the United States?  Yes    No
If yes, answer a and b:
     	a. Name of Tier 3 water(s):
     b.	Provide rationale for determination that pesticide discharge is necessary to protect water quality, the environment, and/or public health and that any such discharge will not degrade water quality or will degrade water quality only on a short-term or temporary basis:

  8.  Water Quality, Impaired Waters
   Operators are not eligible for coverage under this permit for any discharges from a pesticide application to waters of the United States if the waters are identified as impaired by a substance which is either an active ingredient of the pesticide designated for use or is a degradate of such an active ingredient. See Part <IP_ADDRESS> of the permit. Check one:
     a.  Waters are NOT impaired by any substance which is either an active ingredient of a pesticide to be discharged or a degradate of such an active ingredient
     b.  Waters are on a current state list as being impaired by a substance which is either an active ingredient of a pesticide to be discharged or a degradate of such an active ingredient; however, evidence is attached documenting that the waters are no longer impaired.

D.	Endangered Species Protection: Complete Section D for each Pest Management Area for which coverage under EPA's Pesticide General Permit is desired. Copy this section for additional Pest Management Areas.
  Pest Management Area #___ of ##___
1. Identify the criterion for which you are eligible for permit coverage as it applies to Federally Listed Threatened or Endangered Species (i.e., Species) and/or Federally Designated Critical Habitat (i.e., Habitat). Check one:
  a. 	Pesticide application activities will not result in a point source discharge to one or more waters of the United States containing National Marine Fisheries Service (NMFS) Listed Resources of Concern, as defined in Appendix A, of the PGP.
  b. 	Pesticide application activities for which permit coverage is being requested will discharge to one or more waters of the United States containing NMFS Listed Resources of Concern, as defined in Appendix A of the PGP, but consultation with NMFS under Section 7 of the Endangered Species Act (ESA) has been concluded for pesticide application activities covered under the PGP. Consultations can be either formal or informal, and would have occurred only as a result of a separate federal action. The consultation addressed the effects of pesticide discharges and discharge-related activities on federally-listed threatened or endangered species and federally-designated critical habitat, and must have resulted in either:
      i. A biological opinion from NMFS finding no jeopardy to federally-listed species and no destruction/adverse modification of federally-designated critical habitat; or
      ii. Written concurrence from NMFS with a finding that the pesticide discharges and discharge-related activities are not likely to adversely affect federally-listed species or federally-designated critical habitat.
  c. 	Pesticide application activities for which permit coverage is being requested will discharge to one or more waters of the United States containing NMFS Listed Resources of Concern, as defined in Appendix A of the PGP, but all "take" of these resources associated with such pesticide application activities has been authorized through NMFS' issuance of a permit under section 10 of the ESA, and such authorization addresses the effects of the pesticide discharges and discharge-related activities on federally-listed species and federally-designated critical habitat. (The term "take" means to harass, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. See Section 3 of the Endangered Species Act, 16 U.S.C. § 1532 (19).)
  d. 	Pesticide application activities were, or will be, discharged to one or more waters of the United States containing NMFS Listed Resources of Concern, as defined in Appendix A of the PGP, but only in response to a Declared Pest Emergency Situation.
  e. 	Pesticide application activities for which permit coverage is being requested in the NOI will discharge to one or more waters of the United States containing NMFS Listed Resources of Concern, as defined in Appendix A of the PGP. Eligible discharges include those where the Decision-maker includes in the NOI written correspondence from NMFS that pesticide application activities performed consistent with appropriate measures will avoid or eliminate the likelihood of adverse effects to NMFS Listed Resources of Concern.
  f. 	Pesticide application activities for which permit coverage is being requested in the NOI will discharge to one or more waters of the United States containing NMFS Listed Resources of Concern, as defined in Appendix A of the PGP. Eligible discharges include those from pesticide application activities that are demonstrated by the Decision-maker as not likely to adversely affect NMFS Listed Resources of Concern or that the pest poses a greater threat to the NMFS Listed Resources of Concern than does the discharge of the pesticide.
2. If you checked criterion d or criterion f above, provide the following information for all discharges to waters of the United States containing NMFS Listed Resources of Concern identified within the pest management area for which permit coverage is being requested. For discharges pursuant to criterion d, Declared Pest Emergency Situations, information for items a through g should also include any discharges that have already occurred prior to NOI submission as well as the activities you performed in the 15 day period before submission of this NOI was required. In some cases, implementation of pest management measures as specified in the permit involves a degree of "adaptive management" such that exact timing and quantities of applications cannot be determined in advance for the duration of the permit. In such cases, the permittee must provide the required information to the extent feasible and consistent with the implementation of the selected pest management measures.
   a.	Describe the location of the pest management area in detail or provide a map of the location
   b.	Pest(s) to be controlled:

   c.	Pesticide product(s) to be discharged and method of application:
   d. 	Planned quantity and rate of discharge(s) for each method of application:
   e.	Number of planned discharges:  ____________
   f.	Approximate date(s) of planned discharge(s):
   g.	Your rationale supporting your determination that you meet the criterion for which you are submitting this NOI, for example, the specific BMPs applied, visual monitoring, equipment and/or site inspections, and other appropriate measures that will be undertaken to avoid or eliminate the likelihood of adverse effects. For certifications pursuant to criterion d, indicate whether the discharge is likely to adversely affect NMFS Listed Resources of Concern in response to a pest emergency and, if so, any feasible measures to avoid or eliminate such adverse effects; for example, it is not sufficient to state that "integrated pest management procedures will be applied" without describing the specific measures to be taken (attach additional pages as necessary):

E. Certification
I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. On the basis of my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.
Printed Name:

Title:

E-Mail:

 Signature/Responsible Official:

                                                                          Date:

                                       /

                                       /

NOI Preparer (Complete if NOI was prepared by someone other than the certifier)
Preparer Name:

Organization:

Phone:

                                       -

                                       -

                                      Ext

                                                                          Date:

                                       /

                                       /

E-Mail:

Instructions for Completing the Notice of Intent (NOI) for Coverage Under the Pesticide General Permit (PGP) for Discharges from the Application of Pesticides

Who Must File a NOI with EPA?
Any Operator, as described in Part 1.2.2 of the permit and meeting the eligibility requirements identified in Part 1.1 of the permit and Table 1-1 below must submit a complete and accurate NOI. As required in the permit, only certain Operators who are also Decision-makers must submit NOIs.
Table 1-1. Decision-Makers Required to Submit NOIs
PGP Part/
Pesticide Use
                    Which Decision-Makers Must Submit NOIs?
                  For Which Pesticide Application Activities?
All four use patterns identified in Part 1.1.1
Any Decision-maker with an eligible discharge to a Tier 3 water (Outstanding National Resource Water) consistent with Part <IP_ADDRESS>
Activities resulting in a discharge to a Tier 3 water
All four use patterns identified in Part 1.1.1
Any Decision-maker with an eligible discharge to waters of the United States containing NMFS Listed Resources of Concern, as defined in Appendix A
Activities resulting in a discharge to waters of the United States containing NMFS Listed Resources of Concern, as defined in Appendix A
1.1.1(a) -
Mosquito and Other Flying Insect Pest Control
Any Agency for which pest management for land resource stewardship is an integral part of the organization's operations.
All activities resulting in a discharge for which the Federal or State agency is responsible for pest control

Mosquito control districts, or similar pest control districts
All activities resulting in a discharge for which the Decision-maker is responsible for pest control

Local governments or other entities who exceed the annual treatment area threshold identified here
Adulticide treatment if more than 6,400 acres during a calendar year
1.1.1(b) -
Weed and Algae Pest Control
Any Agency for which pest management for land resource stewardship is an integral part of the organization's operations.
All activities resulting in a discharge for which the Federal or State agency is responsible for pest control

Irrigation and weed control districts, or similar pest control districts
All activities resulting in a discharge for which the Decision-maker is responsible for pest control

Local governments or other entities who exceed the annual treatment area threshold identified here
Treatment during a calendar year if more than either:
20 linear miles
OR
80 acres of water (i.e., surface area)
1.1.1(c) -
Animal Pest Control
Any Agency for which pest management for land resource stewardship is an integral part of the organization's operations.
All activities resulting in a discharge for which the Federal or State agency is responsible for pest control

Local governments or other entities who exceed the annual treatment area threshold identified here
Treatment during a calendar year if more than either:
20 linear miles
OR
80 acres of water (i.e., surface area)
1.1.1.(d) -
Forest Canopy Pest Control
Any Agency for which pest management for land resource stewardship is an integral part of the organization's operations.
All activities resulting in a discharge for which the Federal or State agency is responsible for pest control

Local governments or other entities who exceed the annual treatment area threshold identified here
Treatment if more than 6,400 acres during a calendar year
If you have questions about whether you need to file an NOI or questions about completing the form, see https://www.epa.gov/npdes/pesticide-permitting or contact the NOI Center toll free at<PHONE_NUMBER>.
One NOI can be submitted for multiple pest management areas in a state for which you are seeking permit coverage; however, no more than one state can be included on any single NOI form.
When to File the NOI?
Do not file your NOI until you have obtained and thoroughly read a copy of the permit. A copy of the permit is on EPA's website (https://www.epa.gov/npdes/pesticide-permitting).The permit describes procedures to ensure your eligibility, prepare your Pesticide Discharge Management Plan (PDMP), and complete the NOI form questions -- all of which must be done before you sign the NOI certification statement attesting to the accuracy and completeness of your NOI. You will also need a copy of the permit once you have obtained coverage so that you can comply with the implementation requirements of the permit. Note:  PDMP is not required for 1) any application made in response to a Declared Pest Emergency Situation, as defined in Appendix A of the permit; and 2) any Decision-maker who is required to submit an NOI solely because their application results in a point source discharge to waters of the United States containing NMFS Listed Resources of Concern, as defined in Appendix A of the permit.
Approval to Use Paper NOI Form: Note that you are not authorized to use this paper NOI form unless the EPA Regional Office has approved its use. Where you have obtained approval to use this form, indicate the waiver that you have been granted, the name of the EPA staff person who granted the waiver, and the date that approval was provided.
For any discharges after October 31, 2021: Decision-makers meeting the eligibility requirements identified in the Part 1.1 of the permit and Table 1-1 must submit a complete and accurate NOI according to Table 1-2 and Table 1-3 and consistent with the requirements of Part 1.2 of the permit.  Note: NOIs submitted under the 2016 PGP are automatically terminated on October 31, 2021. Decision-makers who are required to submit an NOI must submit a new NOI to obtain coverage under the 2021 PGP.
Table 1-2. NOI Submittal Deadlines and Discharge Authorization Dates for Discharges from the Application of Pesticides [1]

Operator Type
                            NOI Submission Deadline
                        Discharge Authorization Date[2]
Any Decision-maker with any discharge to waters of the United States containing NMFS Listed Resources of Concern, except for those discharges in response to a Declared Pest Emergency Situation, as defined in Appendix A.
At least 30 days before any discharge to waters of the United States containing NMFS Listed Resources of Concern, as defined in Appendix A. [5]
No earlier than 30 days after EPA posts on the Internet a receipt of a complete and accurate NOI.[3][, 5]
Any Decision-maker with a discharge in response to a Declared Pest Emergency Situation for which that activity triggers the NOI requirement identified in Part 1.2.2, except for any discharges to waters of the United States containing NMFS Listed Resources of Concern.
No later than 30 days after beginning discharge.
Immediately upon beginning to discharge for activities conducted in response to a Declared Pest Emergency Situation.
Any Decision-maker with any discharge to waters of the United States containing NMFS Listed Resources of Concern, in response to a Declared Pest Emergency Situation, as defined in Appendix A.
No later than 15 days after beginning to discharge in response to a Declared Pest Emergency Situation.
Immediately upon beginning to discharge for activities conducted in response to a Declared Pest Emergency Situation for a period of at least 60 days. [4]
Any Decision-maker who exceeds any annual treatment area threshold.
At least 10 days before exceeding an annual treatment area threshold.
No earlier than 10 days after EPA posts on the Internet receipt of a complete and accurate NOI.
Any Decision-maker otherwise required to submit an NOI as identified in Table 1-1
At least 10 days before any discharge for which an NOI is required
No earlier than 10 days after EPA posts on the Internet receipt of a complete and accurate NOI.
[1]   State, territory and tribal specific requirements in addition to the requirements in this table are provided in Part 9 of the permit.
[2]  	On the basis of a review of an NOI or other information, EPA may delay authorization to discharge beyond any timeframe identified in Table 1-2, determine that additional technology-based and/or water quality-based effluent limitations or other conditions are necessary, or deny coverage under this permit and require submission of an application for an individual NPDES permit, as detailed in Part 1.3 of the permit.
[3]	Within 30 days after EPA posts on the Internet receipt of a complete and accurate NOI, for those areas with NMFS Listed Resources of Concern, as defined in Appendix A of the permit, NMFS will provide EPA with a determination as to whether it believes the eligibility criterion of "not likely to adversely affect listed species or designated critical habitat" has been met, could be met with conditions that NMFS identifies, or has not been met. EPA expects to rely on NMFS' determination in deciding whether to withhold authorization. If NMFS does not provide EPA with this information within 30 days of EPA posting on the Internet receipt of a complete and accurate NOI, the discharges will be authorized 30 days after EPA posts on the Internet receipt of a complete NOI.
[4]	In any Declared Pest Emergency Situation in areas with waters of the United States containing NMFS Listed Resources of Concern, NMFS will have 30 days after submission of an NOI to provide EPA with a determination as to whether the eligibility criteria of "not likely to adversely affect listed species or designated critical habitat" has been met, could be met with conditions that NMFS identifies, or has not been met. EPA expects to rely on NMFS' determination in deciding whether to allow continued permit coverage and if additional conditions are necessary. If NMFS does not provide EPA with a recommendation within 30 days of EPA posting on the Internet receipt of a complete and accurate NOI, authorization for these discharges will continue. If EPA identifies additional permit conditions, or includes additional permit conditions recommended by NMFS, as necessary to qualify discharges as eligible for coverage beyond 60 days under the PGP, those conditions remain in effect for the life of the permit.
[5]	EPA may authorize certain discharges in less than 30 days, but no fewer than 10 days, for any discharges authorized under Criterion B, C, or E of Part <IP_ADDRESS> (for which NMFS has already evaluated the effects of these discharges).
 Table 1-3. NOI Change of Information Submittal Deadlines and Discharge Authorization Dates
Operator Type
                            NOI Submission Deadline
                         Discharge Authorization Date
Any Decision-maker requiring permit coverage for a pest management area not identified on a previously submitted NOI for this permit, except for discharges to any; (1) Tier 3 water, or (2) waters of the United States containing NMFS Listed Resources of Concern. Except for such waters, changes other than identification of a new pest management area or a new pesticide use pattern do not require a revised NOI submittal.
At least 10 days before beginning to discharge in that newly identified area unless discharges are in response to a Declared Pest Emergency Situation in which case not later than 30 days after beginning discharge.
No earlier than 10 days after EPA posts on the Internet the receipt of a complete and accurate NOI unless discharges are in response to a Declared Pest Emergency Situation in which case coverage is available immediately upon beginning to discharge from activities conducted in response to Declared Pest Emergency Situation.
Any Decision-maker discharging to a Tier 3 water not identified by name on a previously submitted NOI for this permit, except for Tier 3 waters containing NMFS Listed Resources of Concern
At least 10 days before beginning to discharge in that newly identified area unless discharges are in response to a Declared Pest Emergency Situation in which case not later than 30 days after beginning discharge.
No earlier than 10 days after EPA posts on the Internet the receipt of a complete and accurate NOI unless discharges are in response to a Declared Pest Emergency Situation in which case coverage is available immediately upon beginning to discharge from activities conducted in response to Declared Pest Emergency Situation.
Any Decision-maker with any discharge to waters of the United States containing NMFS Listed Resources of Concern, as defined in Appendix A, not identified on a previously submitted NOI for this permit. This includes changes in any treatment area, pesticide product, method or rate of application, or approximate dates of applications.
At least 30 days before beginning to discharge in that newly identified treatment area unless discharges are in response to a Declared Pest Emergency Situation in which case not later than 15 days after beginning discharge.
No earlier than 30 days after EPA posts on the Internet receipt of a complete and accurate NOI unless discharges are in response to a Declared Pest Emergency Situation in which case coverage is available immediately upon beginning to discharge from activities conducted in response to Declared Pest Emergency Situation.
Where to File the NOI
The Decision-maker must prepare and submit the NOI using EPA's NPDES eReporting Tool (NeT) available on EPA's website (https://www.epa.gov/npdes/pesticide-permitting) unless the Decision-maker is granted a waiver from the requirement to use NeT for submission of the NOI. See Part 8 of the PGP for EPA Regional contacts. The Electronic Submission Waiver is at the top of this form.
EPA will immediately post on EPA's Website all NOIs received. Late NOIs will be accepted, but authorization to discharge will not be retroactive.
If you are granted a waiver from using NeT; you must send the NOI form to one of the addresses listed below.
  Via United States Mail:
  United States Environmental Protection Agency
Office of Water, Water Permits Division
Mail Code 4203M, ATTN: NPDES Pesticides
1200 Pennsylvania Avenue, NW
Washington, DC 20460
  Via overnight/express delivery:
  United States Environmental Protection Agency
Office of Water, Water Permits Division
EPA East Building - Room 7420, ATTN: NPDES Pesticides
1201 Constitution Avenue, NW
Washington, DC 20004
  Phone:<PHONE_NUMBER>
If you have questions, contact EPA's Pesticides Notice Processing Center toll free at<PHONE_NUMBER>.
If you file a paper NOI, submit the original with a signature in ink. Do not send copies. Also, faxed copies will not be accepted.
If you are required to develop a PDMP, that document does not need to be submitted for review unless specifically requested by EPA. You must keep a copy of your PDMP on-site or otherwise make it available to facility personnel responsible for implementing provisions of the permit.
Completing the NOI Form
To complete this form, type or print in uppercase letters in the appropriate areas only. Please make sure you complete all questions. Make sure you make a photocopy for your records before you send the completed original form to the address above. You may also use this paper form as a checklist for the information you will need when filing an NOI electronically via EPA's NPDES eReporting Tool (NeT).
Section A. NOI Status
1.	Indicate if this is the first time you are requesting coverage under the permit or if this is a change of information.
a.	Check this box if this is the first time you are requesting coverage under the permit for these discharges. If this is the first time you are requesting coverage, refer to Table 1-2 for NOI submittal deadlines and discharge authorization dates.
b.	Check this box if this is a change of information for a discharge already covered under the permit. If this is a change of information, supply the NPDES permit tracking number that you received in your confirmation letter or e-mail from EPA's Pesticide Notice Processing Center. You can find the tracking number assigned to your previous NOI using EPA's NeT. For additional details regarding a change of information, see Table 1-3. Also fill out Section B of this form (Operator Name and Mailing Address) and the associated fields of information that need to be modified on the NOI.
Section B. Operator Information
1.	Provide the legal name of the person, firm, public organization or any other public entity who is the Decision-maker for the pesticides applications described in this notice. A Decision-maker is an Operator who has control over the decision to perform pesticide applications including the ability to modify those decisions that result in a discharge to waters of the United States.
2.	Indicate the type of Operator: federal government, state government, local government, mosquito control district (or similar), irrigation control district (or similar), weed control district (or similar), or other. If other, provide brief description of type of Operator in the space provided.
3.	Indicate whether or not you are a "large entity" as defined in Appendix A of the permit. Note that if you are a large entity, you are required to develop a Pesticide Discharge Management Plan (PDMP) and submit future Annual Reports reflecting all pesticide uses for which you are requesting permit coverage under this NOI.
4.	Indicate which state your pest management areas are located. Specify only one state per NOI. If there is more than one state, additional NOIs must be submitted.
5.	Provide the Decision-maker's mailing address, telephone number, fax number (optional), name, and e-mail address. Correspondence will be sent to this address.
Section C. Pest Management Area: Information for each Pest Management Area for which coverage under EPA's Pesticide General Permit is desired.
1.	Indicate whether you are submitting an NOI for multiple pest management areas. A pest management area is the area of land, including any water, for which you have responsibility and are authorized to conduct pest management activities as covered by this permit (e.g., if you are a mosquito control district, your pest management area is the total area of the district). You must complete a Section C for each pest management area. If you are submitting an NOI for only one area, enter "1" of "1." If you are submitting NOIs for multiple pest management areas, enter the number for the NOI for which you are requesting coverage followed by the total number of pest management areas for which you are requesting coverage. Enter the name of the pest management area. Attach a map of the pest management area or describe the location of the pest management area in the space provided. A mapping tool is available at https://www.epa.gov/npdes/pesticide-permitting.
2.	Indicate whether pesticide application will occur on Indian Country, and if so, provide the name of the reservation, if applicable.
3.	Indicate whether pesticide application will occur on a Federal Facility, as defined in Appendix A of the permit.
4.	Enter the mailing address of the contact person for the pest management area. If this address is the same as the Decision-maker's mailing address, indicate that by checking the box. If it is a different address, enter the mailing address, telephone number, fax number (optional), contact name, and e-mail address.
5.	Indicate the pesticide use patterns for the pest management area for which the NOI is required. For additional information regarding pesticide use patterns, see Part 1.1.1 of the permit. Check all the use patterns that apply to the pest management area.
6.	Indicate if permit coverage is being requested for all waters of the United States within the pest management area or if permit coverage is being requested to specific waters of the United States within the pest management area. If specific waters are being requested, write the names of the waterbodies. If permit coverage is being requested for all waters of the United States within the pest management area except for specific waterbodies, name those specific waterbodies in the space provided. EPA's Water Locator Tool can help you identify the closest receiving water to your facility (http://www.epa.gov/waterdata/waters-tools).
7.	Indicate if permit coverage is being requested to discharge to a Tier 3 (Outstanding National Resource Water) water of the United States. If yes, write the name(s) of the Tier 3 water(s) in the space provided. Describe and demonstrate why it is necessary to apply the pesticide discharge to protect the water quality, environment, and/or public health and that any such discharge will not degrade water quality or will degrade water quality only on a short-term or temporary basis.
8.	Verify that waters within the pest management area are either not impaired by substances which are either active ingredients in the pesticide planned for use or degradates of such active ingredients, OR that evidence shows that the target waters in question are no longer impaired. See Part <IP_ADDRESS> of the permit for more information on discharges to Water Quality Impaired Waters.
Section D. Endangered Species Protection. Complete Section D for each Pest Management Area for which coverage under EPA's PGP is desired.
Identify the Pest Management Areas, corresponding to those in Part C.
1. Coverage under the permit is available only for discharges and discharge-related activities, as defined in Appendix A of the permit, that are not likely to jeopardize the continued existence of any species that are federally- listed as endangered or threatened ("listed") under the Endangered Species Act (ESA) and not likely to result in the adverse modification or destruction of habitat that is federally-designated as critical under the ESA ("critical habitat") except as provided in criterion b, c, and for at least 60 days, d, below. For a subset of listed species and critical habitat, identified as NMFS Listed Resources of Concern and defined in Appendix A of the permit, there are specific criteria for determining eligibility. To demonstrate eligibility, you must meet one or more of the six criteria (a-f) for the entire term of coverage under the permit.
2. If you checked criterion d or criterion f, you are required to provide a description of the location of the pest management area or a map of the location of the pest management area, the pest(s) to be controlled, pesticide product(s) to be discharged and method of application, planned quantity and rate of discharge(s) for each application method, number of planned discharges, approximate date(s) of planned discharge(s), and the rational supporting your determination that you meet the criterion for which the Decision-maker is submitting this NOI and documentation demonstrating the finding of "not likely to adversely affect." If you certify under criteria f and do not hear from EPA within 30 days, you may assume your discharge is authorized. For certifications pursuant to criterion d, indicate whether the discharge is likely to adversely affect NMFS Listed Resources of Concern and, if so, any feasible measures to avoid or eliminate such adverse effects. If you are certifying under criterion d (which allows you to discharge 15 days before you even submit your NOI), your NOI should describe both the pest emergency activities you plan to do after you submit your NOI as well as the activities you performed in that 15 day period before you had to submit the NOI. See Part <IP_ADDRESS> of the permit for more information regarding Endangered and Threatened Species and Critical Habitat Protection. If you certify under criterion d and do not hear from EPA, you may assume that permit authorization continues unless notified otherwise. EPA may authorize certain discharges in less than 30 days, but no fewer than 10 days, for any discharges authorized under criterion b, c, or e (for which NMFS has already evaluated the effects of these discharges). If you certify under one of these criteria and do not hear from EPA within 30 days, you may assume your discharge is authorized.
Section E. Certification
Enter the certifier's printed name and title. Sign and date the form. For more information about the certification statement and signature, see 40 CFR 122.41(k). (CAUTION: An unsigned or undated form will not be accepted.) Federal statutes provide for severe penalties for submitting false information. Federal regulations require this application to be signed as follows:
For a corporation: by a responsible corporate officer, means:
(i)  president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation, or
(ii) the manager of one or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated activity including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures;
For a partnership or sole proprietorship: by a general partner or the proprietor; or
For a municipal, state, federal, or other public facility: by either a principal executive or ranking elected official.
If the NOI was prepared by someone other than the certifier (for example, if the NOI was prepared by the PDMP contact or a consultant for the certifier's signature), include the name, organization, phone number and e-mail address of the NOI preparer.
Paperwork Reduction Act Notice
The public reporting and recordkeeping burden for this collection of information is estimated to average 2.5 hours or 150 minutes per response.
Send comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques to the Director, Collection Strategies Division, U.S. Environmental Protection Agency (2822T), 1200 Pennsylvania Ave., NW, Washington, D.C. 20460. Include the OMB control number in any correspondence. Do not send the completed NOI form to that address.


[Federal Register Volume 79, Number 247 (Wednesday, December 24, 2014)]
[Notices]
[Page 77477]
[FR Doc No: 2014-30089]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2014-0737; FRL-9920-77]

Benefits of Neonicotinoid Seed Treatment to Soybean Production;
Reopening of Comment Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; reopening of comment period.

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SUMMARY: EPA issued a notice in the Federal Register of October 22,
2014, concerning the assessment the Agency conducted as part of its
ongoing re-evaluation of clothianidin, imidacloprid, and thiamethoxam
under the registration review program. This assessment examines the use
of clothianidin, imidacloprid, and thiamethoxam seed treatments in
terms of the extent of use and the pests targeted in order to
characterize overall benefits to soybean production nationwide. In
response to requests, the EPA is reopening the public comment period of
EPA's analysis of Benefits of Neonicotinoid Seed Treatments to Soybean
Production. This document reopens the comment period for 30 days to
January 23, 2015.

DATES: Comments, identified by docket identification (ID) number EPA-
HQ-OPP-2014-0737, must be received on or before January 23, 2015.

ADDRESSES: Follow the detailed instructions provided under ADDRESSES in
the Federal Register document of October 22, 2014 (79 FR 63118) (FRL-
9917-55).

FOR FURTHER INFORMATION CONTACT: For pesticide specific information,
contact: Carissa Cyran, Pesticide Re-Evaluation Division (7508P),
Office of Pesticide Programs, Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number:
(703) 347-8781; email address<EMAIL_ADDRESS>    For general information on the registration review program,
contact: Richard Dumas, Pesticide Re-Evaluation Division (7508P),
Office of Pesticide Programs, Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number:
(703) 308-8015; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: This document reopens the public comment
period established in the Federal Register document of October, 22,
2014. In that document, the Agency announced that it had conducted an
assessment as part of its ongoing re-evaluation of clothianidin,
imidacloprid, and thiamethoxam under the registration review program.
This assessment examines the use of clothianidin, imidacloprid, and
thiamethoxam seed treatments in terms of the extent of use and the
pests targeted in order to characterize overall benefits to soybean
production nationwide. EPA is hereby reopening the comment period for
30 days, to January 24, 2015.
    To submit comments, or access the docket, please follow the
detailed instructions provided under ADDRESSES in the Federal Register
document of October 22, 2014. If you have questions, consult the person
listed under FOR FURTHER INFORMATION CONTACT.

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

    Dated: December 17, 2014.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-Evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2014-30089 Filed 12-23-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 86, Number 226 (Monday, November 29, 2021)]
[Notices]
[Pages 67776-67777]
[FR Doc No: 2021-25915]

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SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-437, OMB Control No. 3235-0494]

Proposed Collection; Comment Request, Extension: Rule 30e-2

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

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.) (``Paperwork Reduction Act''), the
Securities and Exchange Commission (the ``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 (``OMB'') for extension and
approval.
    Rule 30e-2 (17 CFR 270.30e-2) under the Investment Company Act of
1940 (15 U.S.C. 80a-1 et seq.) (``Investment Company Act'') requires
registered unit investment trusts (``UITs'') that invest substantially
all of their assets in shares of a management investment company
(``fund'') to send their unitholders annual and semiannual reports
containing financial information on the underlying company.
Specifically, rule 30e-2 requires that the report contain all the
applicable information and financial statements or their equivalent,
required by rule 30e-1 under the Investment Company Act (17 CFR
270.30e-1) to be included in reports of the underlying fund for the
same fiscal period. Rule 30e-1 requires that the underlying fund's
report contain, among other things, the information that is required to
be included in such reports by the fund's registration statement form
under the Investment Company Act. The purpose of this requirement is to
apprise current shareholders of the operational and financial condition
of the UIT. Absent the requirement to disclose all material information
in reports, investors would be unable to obtain accurate information
upon which to base investment decisions and consumer confidence in the
securities industry might be adversely affected. Requiring the
submission of these reports to the Commission permits us to verify
compliance with securities law requirements.
    Rule 30e-2, however, permits, under certain conditions, delivery of
a single shareholder report to investors who share an address
(``householding''). Specifically, rule 30e-2 permits householding of
annual and semi-annual reports by UITs to satisfy the delivery
requirements of rule 30e-2 if, in addition to the other conditions set
forth in the rule, the UIT has obtained from each applicable investor
written or implied consent to the householding of shareholder reports
at such address. The rule requires UITs that wish to household
shareholder reports with implied consent to send a notice to each
applicable investor stating that the investors in the household will
receive one report in the future unless the investors provide contrary
instructions. In addition, at least once a year, UITs relying on the
rule for householding must explain to investors who have provided
written or implied consent how they can revoke their consent. The
purpose of the notice and annual explanation requirements associated
with the householding provisions of the rule is to ensure that
investors who wish to receive individual copies of shareholder reports
are able to do so.
    The Commission estimates that the annual burden associated with
rule 30e-2 is 125 hours per respondent. The Commission estimates that
there are currently approximately 660 UITs that file 1320 reports per
year. Therefore, the Commission estimates that the total

hour burden is approximately 82,500 hours. In addition to the burden
hours, the Commission estimates that the annual cost of contracting for
outside services associated with rule 30e-2 is $20,000 per respondent,
or $6,667 per respondent that transmits reports electronically, for a
total cost of approximately $5,280,198.
    Estimates of average burden hours are made solely for the purposes
of the Paperwork Reduction Act and are not derived from a comprehensive
or even representative survey or study of the costs of Commission rules
and forms. The collection of information under rule 30e-2 is mandatory.
The information provided under rule 30e-2 will not be kept
confidential. 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 OMB 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.
    Please direct your written comments to David Bottom, Director/Chief
Information Officer, Securities and Exchange Commission, C/O John R.
Pezzullo, 100 F Street NE, Washington, DC 20549; or send an email to:
[email protected].
    All submissions should refer to File Number 270-437. This file
number should be included on the subject line if email is used. The
Commission will post all comments on the Commission's internet website
(http://www.sec.gov). All comments received will be posted without
change; we do not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly.

    Dated: November 23, 2021.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-25915 Filed 11-26-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 178 (Monday, September 14, 2020)]
[Notices]
[Pages 56682-56683]
[FR Doc No: 2020-20141]

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

Federal Aviation Administration

[DOT-OST-2019-XXXX]

Research, Engineering, and Development Advisory Committee
(REDAC); Notice of Public Meeting

AGENCY: Federal Aviation Administration, Department of Transportation.

ACTION: Notice of public meeting.

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SUMMARY: This notice announces a meeting of the Research, Engineering,
and Development Advisory Committee (REDAC).

DATES: The meeting will be held on October 7, 2020, from 9:30am-4:30pm.
EST.
    Requests for accommodations to a disability must be received by
September 13, 2020. Individuals requesting to speak during the meeting
must submit a written copy of their remarks to DOT by September 13,
2020. Requests to submit written materials to be reviewed during the
meeting must be received no later than September 13, 2020.

ADDRESSES: The meeting will be held virtually. Virtual attendance
information will be provided upon registration. A detailed agenda will
be available on the REDAC internet website at http://www.faa.gov/go/redac at least one week before the meeting, along with copies of the
meeting minutes after the meeting.

FOR FURTHER INFORMATION CONTACT: Chinita Roundtree-Coleman, REDAC PM/
Lead, FAA/U.S. Department of Transportation, at<EMAIL_ADDRESS>or<PHONE_NUMBER>. Any committee related request should
be sent to the person listed in this section.

SUPPLEMENTARY INFORMATION:

I. Background

    The Research, Engineering, and Development Advisory Committee was
created under the Federal Advisory Committee Act (FACA), in accordance
with Public Law 100-591 (1988) and Public Law 101-508 (1990) to provide
advice and recommendations to the FAA Administrator in support of the
Agency's Research and Development (R&D) portfolio.

II. Agenda

    At the meeting, the agenda will cover the following topics:
     FAA Research and Development Plan
     Emergence of new entrant vehicles and operations into the
National Airspace System

III. Public Participation

    The US Department of Transportation is committed to providing equal
access to this meeting for all participants. If you need alternative
formats or services because of a disability, such as sign language,
interpretation, or other ancillary aids, please contact the person
listed in the FOR FURTHER INFORMATION CONTACT section.
    There will be 45 minutes allotted for oral comments from members of
the public joining the meeting. To accommodate as many speakers as
possible, the time for each commenter may be limited. Individuals
wishing to reserve speaking time during the meeting must submit a
request at the time of registration, as well as the name, address, and
organizational affiliation of the proposed speaker. If the number of
registrants requesting to make statements is greater than can be
reasonably accommodated during the meeting, the FAA may conduct a
lottery to determine the speakers. Speakers are requested to submit a
written copy of their prepared remarks for inclusion in the meeting
records and for circulation to REDAC members before the deadline listed
in the DATES section. All prepared remarks submitted on time will be
accepted and considered as part of the meeting's record. Any member of
the public may present a written statement to the committee at any
time.

    Issued in Washington, DC, this 8th day of September 2020.
Chinita Roundtree-Coleman,
REDAC PM/Lead, Federal Aviation Administration.
[FR Doc. 2020-20141 Filed 9-11-20; 8:45 am]
BILLING CODE 4910-9X-P


[Federal Register Volume 86, Number 205 (Wednesday, October 27, 2021)]
[Notices]
[Pages 59443-59445]
[FR Doc No: 2021-23344]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-93399; File No. SR-NYSE-2021-62]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Amend the NYSE Proprietary Market Data Fee Schedule

October 21, 2021.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on October 14, 2021, New York Stock Exchange LLC (``NYSE''
or the ``Exchange'') filed with the Securities and Exchange Commission
(the ``Commission'') the proposed rule change as described in Items I,
II, and III below, which Items have been prepared by the self-
regulatory organization. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend the NYSE Proprietary Market Data Fee
Schedule (``Market Data Fee Schedule'') to delete reference to the NYSE
Alerts market data product and associated fees from the Market Data Fee
Schedule effective immediately. The proposed rule change is available
on the Exchange's website at www.nyse.com, at the principal office of
the Exchange, 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 IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

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

1. Purpose
    The Exchange proposes to amend the Market Data Fee Schedule to
delete reference to the NYSE Alerts market data product and associated
fees from the Market Data Fee Schedule effective immediately.
    In 2004, pursuant to Securities and Exchange Commission approval,
the Exchange adopted the NYSE Alerts market data product.\4\ In 2019,
the Exchange discontinued offering the NYSE Alerts market data
product.\5\ As a result, reference on the Market Data Fee Schedule to
the NYSE Alerts market data product and fees associated with the NYSE
Alerts market data product have both become obsolete. Therefore, the
Exchange proposes to remove reference to NYSE Alerts and fees
associated with NYSE Alerts from the Market Data Fee Schedule. The
proposed rule change is intended to streamline the Market Data Fee
Schedule by eliminating obsolete rule text.
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release No. 50844 (Dec. 13,
2004), 69 FR 76806 (Dec. 22, 2004) (SR-NYSE-2004-53) (Order Granting
Approval to Proposed Rule Change and Amendment Nos. 1 and 2 Relating
to a Fee for the NYSE Alerts Datafeed); see also Securities Exchange
Act Release No. 50639 (November 5, 2004), 69 FR 65488 (November 12,
2004) (Notice of Filing of Proposed Rule Change and Amendment Nos. 1
and 2 by New York Stock Exchange, Inc. Relating to a Fee for the
NYSE Alerts Datafeed). In 2016, the Exchange adopted a multiple data
feed fee for NYSE Alerts. See Securities Exchange Act Release No.
76972 (Jan. 26, 2016), 81 FR 5143 (Feb. 1, 2016) (SR-NYSE-2016-08)
(Notice of Filing and Immediate Effectiveness of a Proposed Rule
Change Amending the Fees for NYSE Order Imbalances and NYSE Alerts).
    \5\ See Securities Exchange Act Release No. 86492 (Jul. 26,
2019), 84 FR 37702 (Aug. 1, 2019) (SR-NYSE-2019-42) (Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To
Discontinue the NYSE Alerts Market Data Product Offering).
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\6\ in general, and furthers the
objectives of Sections 6(b)(4) and (5) of the Act,\7\ in particular,
because it provides for the equitable allocation of reasonable dues,
fees, and other charges among its members, issuers and other persons
using its facilities and does not unfairly discriminate between
customers, issuers, brokers or dealers.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

    The Exchange believes that the proposed rule change would remove
impediments to and perfect the mechanism of a free and open market and
a national market system because it would eliminate rule text that is
now obsolete, thereby improving the clarity of the Exchange's rules and
enabling market participants to more easily navigate the Market Data
Fee Schedule. The Exchange also believes that the proposed change would
protect investors and the public interest because the deletion of
obsolete text would make the Market Data Fee Schedule more accessible
and transparent and facilitate market participants' understanding of
the fees charged for services currently offered by the Exchange. The
Exchange believes the proposed rule change is reasonable because it
would streamline the Market Data Fee Schedule by deleting obsolete rule
text. The Exchange believes deleting obsolete rule text would promote
clarity to the Fee Schedule and reduce confusion to market participants
as to which fees are applicable to them.
    The Exchange believes deleting obsolete rule text would also
simplify the Market Data Fee Schedule. The Exchange believes that
deleting obsolete rule text from the Market Data Fee Schedule is
equitable and not unfairly discriminatory because the resulting
streamlined Market Data Fee Schedule would continue to apply to all
market participants as it does currently because the Exchange is not
adopting any new fees or removing any current fees from the Market Data
Fee Schedule. All market participants would continue to be subject to
the same fees that currently apply to them.
    For the foregoing reasons, the Exchange believes that the proposal
is consistent with the Act.

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

    In accordance with Section 6(b)(8) of the Act,\8\ the Exchange
believes that the proposed rule change would not impose any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Act. Instead, as discussed above, the proposal relates
solely to elimination of obsolete fees and, as such, would not have any
impact on intra- or inter-market competition because the proposed
change is solely designed to accurately reflect the services that the
Exchange currently offers, thereby adding clarity to the Market Data
Fee Schedule.
---------------------------------------------------------------------------

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

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 foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \9\ of the Act and subparagraph (f)(2) of Rule 19b-
4 \10\ thereunder, because it establishes a due, fee, or other charge
imposed by the Exchange.
---------------------------------------------------------------------------

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

    At any time within 60 days of the filing of such 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 under
Section 19(b)(2)(B) \11\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

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 protected]. Please include
File Number SR-NYSE-2021-62 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-NYSE-2021-62. 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 website (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 website
viewing and printing in the Commission's Public Reference Room, 100 F
Street NE, Washington, DC 20549, on official business days between the
hours of 10:00 a.m. and 3:00 p.m. Copies of the filing also will be
available for inspection and copying at the principal office of the
Exchange. All comments received will be posted without change. Persons
submitting comments are cautioned that we do not redact or edit
personal identifying information from comment submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSE-2021-62 and should be
submitted on or before November 17, 2021.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
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    \12\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-23344 Filed 10-26-21; 8:45 am]
BILLING CODE 8011-01-P