[Federal Register Volume 83, Number 93 (Monday, May 14, 2018)]
[Notices]
[Page 22262]
[FR Doc No: 2018-10197]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 10102-010]

Franklin Springer, Watershed Ranch LLC; Notice of Application for
Transfer of License and Soliciting Comments, Motions To Intervene, and
Protests

    On February 20, 2018 and supplemented on April 16, 2018, Franklin
Springer (transferor) and Watershed Ranch LLC (transferee) filed an
application for the transfer of license of the Springer Hydro No. 1
Project No. 10102. The project is located on the McFadden and Morrison
Creeks in Chaffee County, Colorado. The project does not occupy Federal
lands.
    The applicants seek Commission approval to transfer the license for
the Springer Hydro No. 1 Project from the transferor to the transferee.
    Applicants Contact: For transferor: Mr. Franklin Springer, 18840
Mountain View Drive, Buena Vista, CO 81211, Phone<PHONE_NUMBER>.
    For transferee: Ms. Kathryn L. Welter, Watershed Ranch LLC, 18840
Mountain View Drive, Buena Vista, CO 81211, Phone<PHONE_NUMBER>, Email:
[email protected].
    FERC Contact: Patricia W. Gillis,<PHONE_NUMBER>,
[email protected].
    Deadline for filing comments, motions to intervene, and protests:
30 days from the date that the Commission issues this notice. The
Commission strongly encourages electronic filing. Please file comments,
motions to intervene, and protests using the Commission's eFiling
system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can
submit brief comments up to 6,000 characters, without prior
registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information
at the end of your comments. For assistance, please contact FERC Online
Support at [email protected],<PHONE_NUMBER> (toll free), or
(202) 502-8659 (TTY). In lieu of electronic filing, please send a paper
copy to: Secretary, Federal Energy Regulatory Commission, 888 First
Street NE, Washington, DC 20426. The first page of any filing should
include docket number P-10102-010.

    Dated: May 8, 2018.
Kimberly D. Bose,
 Secretary.
[FR Doc. 2018-10197 Filed 5-11-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 83, Number 219 (Tuesday, November 13, 2018)]
[Notices]
[Pages 56387-56391]
[FR Doc No: 2018-24638]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84545; File No. SR-Phlx-2018-68]

Self-Regulatory Organizations; Nasdaq PHLX LLC; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Amend the Rule
3400 Series

November 6, 2018.
    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 October 25, 2018, Nasdaq PHLX LLC (``Phlx'' or ``Exchange'') filed
with the Securities and Exchange Commission (``SEC'' or ``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.
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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 the Rule 3400 Series concerning the
Order Audit Trail System to make conforming and technical changes.
    The text of the proposed rule change is available on the Exchange's
website at http://nasdaqphlx.cchwallstreet.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 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 Exchange is proposing to amend the Rule 3400 Series concerning
the Order Audit Trail System to: (1) Renumber the Rule 3400 Series to
conform it to the numbering convention used by the Nasdaq Stock Market
LLC (``Nasdaq'') and FINRA; (2) amend Rule 7410A to expand two existing
exemptions and to make technical changes to text under the rule; (3)
incorporate by reference FINRA Rules 7430, 7440 and 7450 in Rules
7430A, 7440A and 7450A, respectively, and make conforming changes
thereto; and (4) delete Rule 3407.\3\
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    \3\ The Exchange is filing a request for an exemption under
Section 36 of the Act from the rule filing requirements of Section
19(b) of the Act for certain rules included in this proposal, and
will implement the changes proposed herein upon approval of the
exemption request.
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    The Exchange's Rule 3400 Series imposes an obligation on Exchange
members to record in electronic form and report to FINRA on a daily
basis certain information with respect to orders originated, received,
transmitted, modified, canceled, or executed by members in Nasdaq- and
Exchange-listed stocks. FINRA's Order Audit Trail System (``OATS'')
captures this order information and integrates it with quote and
transaction information to create a time-sequenced record of orders,
quotes, and transactions. This information is used by FINRA staff to
conduct surveillance and investigations of

members for potential violation of Exchange rules and federal
securities laws.
    The Exchange adopted the Rule 3400 Series to copy Nasdaq and FINRA
OATS rules, where appropriate. As a general principle, the Exchange
endeavors to keep its rules that are corresponding to FINRA rules as
closely worded and structured as possible to the FINRA rules on which
they are based, including FINRA's OATS rules under the FINRA Rule 7000
Series. In certain instances, the Exchange has not copied a FINRA OATS
rule because it is not relevant. For example, the Exchange has not
copied FINRA Rule 7410(o)(2), which concerns an exception to the
definition of a Reporting Member relating to members operating on
equities floors, because the Exchange does not operate an equities
floor. Generally, the Exchange also seeks to keep the Rule 3400 Series
consistent with Nasdaq's Rule 7400A Series, the substance of which is
identical to the related rules of the Exchange. The proposed changes
will harmonize Exchange rules with analogous Nasdaq and FINRA rules,
which have changed since the Exchange first adopted its rules.
First Change
    The Exchange is proposing to renumber the Rule 3400 Series to a new
Rule 7000A Series, which is identical to how Nasdaq presents its OATS
rules. The Exchange does not currently have a Rule 7000A Series and the
Exchange is proposing to follow the numbering convention used by FINRA
and NASDAQ. As part of this change, the Exchange is also updating cross
references in the Rule 7000A Series.
Second Change
    The Exchange is amending renumbered Rule 7410A to make several
changes to conform it to the rules of Nasdaq. The Exchange is proposing
to add new text noting that the terms under the rule have the same
meaning as those defined in the Exchange's By-Laws and rules, unless
otherwise noted, which is identical to Nasdaq's Rule 7410A(a). The
Exchange is also amending Rule 7410A to make technical changes that
harmonize the definitions of ``Index Arbitrage Trade,'' ``Program
Trade,'' and ``Proprietary Trading Firm'' with the definitions of those
terms in the Nasdaq rules.\4\
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    \4\ The Exchange is not adopting the definition of ``NMS Stock''
found under Nasdaq Rule 7410A(j). The term is not used in the
Exchange's OATS rules. In addition, the term is not used in the
Nasdaq OATS rules. The term is used in FINRA Rule 7410(k) defining
``Order Audit Trail System, whereas the Exchange and Nasdaq instead
reference Exchange and Nasdaq listed securities under Exchange
renumbered Rule 7410A(k) and Nasdaq listed securities under Nasdaq
Rule 7410A(l).
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    The Exchange is also proposing to adopt the same limited exemption
from OATS order data recordation requirements for Exchange members that
are registered market makers in standardized options on any market.
Renumbered Rule 7410A(j) defines the term ``Order'' as any oral,
written, or electronic instruction to effect a transaction in an equity
security listed on the Exchange or Nasdaq that is received by a member
from another person for handling or execution, or that is originated by
a department of a member for execution by the same or another member,
other than any such instruction to effect a proprietary transaction
originated by a trading desk in the ordinary course of a member's
market making activities in an Exchange-listed equity security. The
Exchange is proposing to adopt the limited exemption currently
available under Nasdaq's analogous definition of ``Order,'' \5\ which
excludes from the definition a bona fide hedge transaction involving a
Nasdaq-listed equity security originated by a trading desk in the
ordinary course of the member's options market making activities.\6\ As
noted by Nasdaq in adopting the exemption, OATS was designed to provide
an accurate, time-sequenced record of orders and transactions,
beginning with the receipt of an equity order at the first point of
contact between the broker-dealer and the customer or counterparty and
further documenting the life of the equity order through the process of
execution.\7\ The proposed rule change does not impact the customer
protection orientation of OATS since, by definition, bona fide hedging
transactions in equity securities that are undertaken by options market
makers do not involve customer orders in those equity securities.
Rather, bona fide hedging transactions in equity securities are
undertaken by an options market maker to hedge against the firm risk
that it creates through its conduct as a registered options market
maker. Accordingly, bona fide hedge transactions do not implicate
customer protection issues, and requiring reporting of such
transactions would not provide a regulatory benefit. It is also very
expensive for firms that are not currently FINRA members or that do not
currently trade Exchange or Nasdaq equities to develop and maintain the
compliance systems and compliance staff required to continuously
monitor the daily transmission of OATS data. For these reasons, the
Exchange is proposing to adopt such an exemption, available to its
options market makers.
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    \5\ See Nasdaq Rule 7410A(k).
    \6\ The Exchange notes that Nasdaq capitalizes the term ``Bona
Fide Hedge Transaction'' in Nasdaq Rule 7410A(k), although the term
is not defined in Nasdaq's rules. The Exchange believes that
capitalizing the term was an error and is therefore not capitalizing
the term in Rule 7410A(j).
    \7\ See Securities Exchange Act Release No. 59369 (February 6,
2009), 74 FR 7278 (February 13, 2009) (SR-NASDAQ-2008-097).
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    The Exchange is proposing to amend Rule 7410A(n)(1) to harmonize
the rule with FINRA Rule 7410(o)(1)(A) and Nasdaq Rule 7410A(o)(1)(A).
Rule 7410A(n) provides the definition of ``Reporting Member
Organization,'' which means a member organization that receives or
originates an order and has an obligation to record and report
information under renumbered Rules 7440A and 7450A. The Rule also
provides an exception to the general definition if the member
organization meets four conditions. The first condition in subparagraph
(n)(1), which is the only condition at issue in this proposal, is that
currently the member organization engages in a non-discretionary order
routing process, pursuant to which it immediately routes, by electronic
or other means, all of its orders to a single receiving Reporting
Member Organization. On May 12, 2014, FINRA amended FINRA Rule
7410(o)(1)(A) to allow a member to satisfy this condition by permitting
a member to alternatively route its orders to two receiving Reporting
Members, if two related requirements were met.\8\ First, the orders
must be routed by the member to each receiving Reporting Member on a
pre-determined schedule approved by FINRA. Second, the orders must be
routed by the member to two receiving Reporting Members pursuant to the
schedule for a time period not to exceed one year. FINRA noted in
adopting the change that the rule was intended to accommodate
introducing firms that transition to a different clearing firm over
time and, during the transition, route their orders two different
clearing firms, both of which report the introducing firm's information
to OATS during the transition time. Nasdaq recently amended its rule to
incorporate this change.\9\ The Exchange believes that this additional
limited exception is appropriate for its member organizations, which
likewise may encounter a transition to a clearing firm

whereby they would no longer be eligible for the exception to the
definition of Reporting Member Organization. Accordingly, the Exchange
is proposing to adopt the FINRA rule text under renumbered Rule
7410A(n)(1)(B).
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    \8\ See Securities Exchange Act Release No. 72191 (May 20,
2014), 79 FR 30219 (May 27, 2014) (SR-FINRA-2014-024).
    \9\ See Securities Exchange Act Release No. 83115 (April 26,
2018), 83 FR 19384 (May 2, 2018) (SR-NASDAQ-2018-030).
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Third Change
    The Exchange is proposing to incorporate by reference FINRA Rules
7430, 7440 and 7450 in Rules 7430A, 7440A and 7450A, respectively, and
make conforming changes thereto.\10\ Current Rule 3403 concerns
synchronization of Member Organization business clocks and is
substantially identical to FINRA Rule 4590(a). Nasdaq Rule 7430A
requires Nasdaq members to comply with FINRA Rule 4590 as if such rule
were part of Nasdaq's rules and provides that references to ``the FINRA
By-Laws or other FINRA rules'' shall be construed as references to
``the Nasdaq Rules,'' for purposes of Nasdaq Rule 7430A. The Exchange
is proposing to conform its rule text to that of Nasdaq.\11\
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    \10\ The Exchange is proposing to add text to Rules 7440A and
7450A, which notes that Exchange and FINRA are parties to the FINRA
Regulatory Contract pursuant to which FINRA has agreed to perform
certain functions on behalf of the Exchange, and also notes that
members are complying with Rules 7440A and 7450A by complying with
FINRA Rules 7440 and 7450, respectively. Nasdaq places the same text
under Nasdaq Rules 7440A(a) and 7450A(a), respectively.
    \11\ The Exchange is not including text from Nasdaq Rule
7440A(a) and 7450A(a), which notes that members are complying with
these rules by complying with the related FINRA rules, in Rules
7440A(a) and 7450A(a). The Exchange believes these sentences are
duplicative of the first sentence of Rules 7440A(a) and 7450A(a).
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    With respect to Rule 7440A, the Exchange is proposing to copy
Nasdaq Rule 7440A and incorporate by reference FINRA Rule 7440. Current
Rule 3404 is meant to copy FINRA Rule 7440; however, FINRA amended
FINRA Rule 7440 subsequent to the Exchange adopting Rule 3404 and the
Exchange did not update its rule to reflect these changes.
Specifically, FINRA amended Rules 7440(a)(2),\12\ (a)(4),\13\
(b)(9),\14\ (b)(19),\15\ (b)(21),\16\ (c)(1)(H),\17\ (c)(2)(A)(viii)
and
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    \12\ See Securities Exchange Act Release No. 71623 (February 27,
2014), 79 FR 12558 (March 5, 2014) (SR-FINRA-2013-050).
    \13\ See Securities Exchange Act Release No. 63784 (January 27,
2011), 76 FR 5850 (February 2, 2011) (SR-FINRA-2010-052).
    \14\ See Securities Exchange Act Release No. 63032 (October 4,
2010), 75 FR 62439 (October 8, 2010) (SR-FINRA-2010-043).
    \15\ See Securities Exchange Act Release No. 77523 (April 5,
2016), 81 FR 21427 (April 11, 2016) (SR-FINRA-2016-006).
    \16\ See Securities Exchange Act Release No. 77164 (February 17,
2016), 81 FR 9043 (February 23, 2016) (SR-FINRA-2015-048).
    \17\ See Securities Exchange Act Release No. 66021 (December 21,
2011), 76 FR 81551 (December 28, 2011) (SR-FINRA-2011-063).
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    (ix),\18\ (c)(3)(A)(ix) and (x),\19\ (c)(4)(A)(x) and (xi),\20\
(c)(5)(A)(x) and (xi),\21\ (c)(6)(k) and (l),\22\ and (d)(4).\23\ The
Exchange believes that these changes are appropriate for the reasons
described by FINRA when it adopted the changes, and because adopting
these changes will harmonize the Exchange's rules with those of Nasdaq
and FINRA. Last and consistent with Nasdaq Rule 7440A(b), the Exchange
is proposing to add new Rule 7440A(c), which provides that references
to certain FINRA Rules are to be construed as references to certain
Rules of the Exchange. Specifically, Rule 7440A(c)(1) provides that
references to Rules FINRA Rules 7420 through 7460 shall be construed as
references to Rules 7420A through 7460A.\24\ Rule 7440A(c)(2) provides
that references to FINRA Rules 5320, 7440, and 7450 shall be construed
as references to Rules 765, 7440A, and 7450A, respectively.
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    \18\ See Securities Exchange Act Release No. 63032 (October 4,
2010), 75 FR 62439 (October 8, 2010) (SR-FINRA-2010-043).
    \19\ Id.
    \20\ Id.
    \21\ Id.
    \22\ Id.
    \23\ See Securities Exchange Act Release No. 77164 (February 17,
2016), 81 FR 9043 (February 23, 2016) (SR-FINRA-2015-048).
    \24\ The Exchange notes that Nasdaq Rules 7440A(b)(1) and (2) do
not state that certain rules referenced under Nasdaq Rule 7440A are
FINRA rules. The Exchange is making it clear under Rules 7440A(c)(1)
and (2) that the rules referenced under Rule 7440A are FINRA rules.
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    Current Rule 3405 concerns order data transmission requirements and
is meant to copy FINRA Rule 7450. Unlike Nasdaq, which incorporated by
reference FINRA Rule 7450 into Nasdaq Rule 7450A, the Exchange instead
adopted actual rule text that copied the requirements of FINRA Rule
7450 under Rule 3405. The Exchange is proposing to adopt the approach
followed by Nasdaq by incorporating by reference the FINRA rule.
Specifically, the Exchange is incorporating by reference FINRA Rule
7450 into Rule 7450A, amending existing paragraphs (a)-(d) to conform
them to Nasdaq's Rule 7450A(a)-(d), and deleting paragraphs (e) and
(f), which are no longer needed since the Exchange is incorporating by
reference FINRA Rule 7450. The Exchange notes that FINRA amended FINRA
Rule 7450 subsequent to the Exchange adopting Rule 3405; however, the
Exchange did not update its rule to reflect these changes.
Specifically, FINRA amended Rule 7450(b),\25\ which concerns the method
and timing of transmitting data and which is covered under Rule
3405(e). The changes made by FINRA provided greater specificity to the
timing of certain reports required by the rule. The Exchange believes
that the changes to FINRA Rule 7450(b) are appropriate for the reasons
described by FINRA when it adopted the changes, and because adopting
these changes will harmonize the Exchange's rules with those of Nasdaq
and FINRA. Last, the Exchange notes that renumbered Rule 7450A(b)
requires both Proprietary Trading Firms as well as their associated
persons to comply with FINRA Rule 7450 in limited circumstances,
whereas Nasdaq's Rule 7450A only requires compliance by Proprietary
Trading Firms. The Exchange believes that this is an omission in the
Nasdaq rule and is accordingly not adjusting the Exchange rule.
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    \25\ See note 16, supra.
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Fourth Change
    The Exchange is proposing to delete current Rule 3407, which will
be renumbered Rule 7470A and held in reserve. Current Rule 3407
provided an exemption from the order recording and data transmission
requirements of current Rules 3404 and 3405, which are OATS rules
applicable to manual orders. To qualify for the exemption, a member
must have met the following criteria: (1) The member and current
control affiliates and associated persons of the member have not been
subject within the last five years to any final disciplinary action,
and within the last ten years to any disciplinary action involving
fraud; (2) the member has annual revenues of less than $2 million; (3)
the member does not conduct any market making activities in equity
securities listed on the Exchange; (4) the member does not execute
principal transactions with its customers (with a limited exception for
principal transactions executed pursuant to error corrections); and (5)
the member does not conduct clearing or carrying activities for other
firms. The exemption was limited to a maximum time of two years
although a member was able to request an additional exemption prior to
the expiration of a grant of existing exemptive relief. The exemptive
authority provided by the rule permitted the Exchange to grant relief
to members that meet certain criteria in situations

where, for example, the reporting of order information would be unduly
burdensome for the member or where temporary relief from the OATS
Rules, in the form of additional time to achieve compliance, would
permit the members to avoid unnecessary expense or hardship. The
exemption has not been requested by any Exchange member to date and the
Exchange does not believe that Exchange members are likely to need the
exemption, since the vast majority of such members to which the rule
applies are electronic proprietary trading firms that would not qualify
for the exemption. Moreover, Nasdaq does not have an analogous rule,
having eliminated similar text recently for the same reasons.\26\ Thus,
the Exchange is proposing to eliminate the rule text under Rule 3407
from its rule book, renumber the rule to Rule 7470A, and hold the rule
in reserve.
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    \26\ Id.
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2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\27\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\28\ in particular, in that it is designed to
promote just and equitable principles of trade, to remove impediments
to and perfect the mechanism of a free and open market and a national
market system, and, in general to protect investors and the public
interest, by harmonizing the Exchange's OATS rules with those of FINRA,
on which they are based, and with those of Nasdaq, which they should
largely match. Consequently, the proposed change will conform Exchange
Rules to changes made to corresponding FINRA and Nasdaq rules, thus
promoting consistent regulatory standards with respect to rules that
FINRA enforces pursuant to its Regulatory Services Agreements with the
Exchange and Nasdaq. With respect to the proposed amendment to Rule
7410A(n)(1), the exemption will provide Exchange members with the same
flexibility to transition to a new clearing firm that both Nasdaq and
FINRA members currently enjoy. The rule is intended to accommodate
introducing firms that transition to a different clearing firm over
time and, during the transition, route their orders to two different
clearing firms, both of which report the introducing firm's information
to OATS during the transition time. Adopting the new and amended rule
text under Rule 7410A will also align the Exchange rulebook with
Nasdaq's and FINRA's, thereby reducing complexity from FINRA's work
under a regulatory services agreement with the Exchange.
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    \27\ 15 U.S.C. 78f(b).
    \28\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes that adopting the new limited exception to
the definition of ``Order'' is consistent with the Act because it
provides a very narrow exemption from reporting transactions that are
done to manage risk and facilitate options market making. Bona fide
hedging transactions in equity securities that are undertaken by
options market makers do not involve customer orders in those equity
securities and thus do not implicate customer protection issues.
Moreover, information regarding bona fide hedging transactions retained
by a registered Phlx Options Market market maker is otherwise available
to FINRA and Phlx Regulation through the Exchange's electronic delivery
systems, upon request. This information includes trade reporting data,
including order time and sales data captured by the Exchange system.
    With respect to the proposed technical corrections to the rules,
the Exchange believes that these changes are consistent with the Act
because they will prevent investor confusion that may be caused by
including in the Rules incorrect rule citations, defunct rule text and
expired exemptions

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. The proposed rule change aligns
the Exchange's rules with those of Nasdaq and FINRA, which will assist
FINRA in its oversight work done pursuant to a regulatory services
agreement. The proposed changes also provide uniform standards with
which market participants must comply. Consequently, the Exchange does
not believe that the proposed changes implicate competition at all.

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

    No written comments were either solicited or received.

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

    Because the foregoing 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 for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A)(iii) of the Act \29\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\30\
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    \29\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \30\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file 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 this requirement.
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    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.

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-Phlx-2018-68 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-Phlx-2018-68. 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-
Phlx-2018-68, and should be submitted on or before December 4, 2018.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\31\
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    \31\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2018-24638 Filed 11-9-18; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 213 (Monday, November 6, 2017)]
[Notices]
[Pages 51425-51427]
[FR Doc No: 2017-24123]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2011-N-0403]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Substantiation for Dietary Supplement Claims Made
Under the Federal Food, Drug, and Cosmetic Act

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
an opportunity for public comment on the proposed collection of certain
information by the Agency. Under the Paperwork Reduction Act of 1995
(PRA), Federal Agencies are required to publish notice in the Federal
Register concerning each proposed collection of information, including
each proposed extension of an existing collection of information, and
to allow 60 days for public comment in response to the notice. This
notice solicits comments on the information collection provisions of
the Federal Food, Drug, and Cosmetic Act (the FD&C Act) and the
guidance entitled ``Guidance for Industry: Substantiation for Dietary
Supplement Claims Made Under Section 403(r)(6) of the Federal Food,
Drug, and Cosmetic Act.''

DATES: Submit either electronic or written comments on the collection
of information by January 5, 2018.

ADDRESSES: You may submit comments as follows. Please note that late,
untimely filed comments will not be considered. Electronic comments
must be submitted on or before January 5, 2018. The https://www.regulations.gov electronic filing system will accept comments until
midnight Eastern Time at the end of January 5, 2018. Comments received
by mail/hand delivery/courier (for written/paper submissions) will be
considered timely if they are postmarked or the delivery service
acceptance receipt is on or before that date.

Electronic Submissions

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

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2011-N-0403 for ``Substantiation for Dietary Supplement Claims Made
Under the Federal Food, Drug, and Cosmetic Act.'' Received comments,
those filed in a timely manner (see ADDRESSES), will be placed in the
docket and, except for those submitted as ``Confidential Submissions,''
publicly viewable at https://www.regulations.gov or at the Dockets
Management Staff between 9 a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Ila Mizrachi, Office of Operations,
Food and Drug Administration, Three White Flint North, 10A-12M, 11601
Landsdown St., North Bethesda, MD 20852,<PHONE_NUMBER>,
[email protected].

SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), Federal
Agencies must obtain approval from the Office of Management and Budget
(OMB) for each collection of information they conduct or sponsor.
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes Agency requests or requirements that members of
the public submit reports, keep records, or provide information to a
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A))
requires Federal Agencies to provide a 60-day notice in the Federal
Register concerning each proposed collection of information, including
each proposed extension of an existing collection of information,
before submitting the collection to OMB for approval. To comply with
this requirement, FDA is publishing notice of the proposed collection
of information set forth in this document.

    With respect to the following collection of information, FDA
invites comments on these topics: (1) Whether the proposed collection
of information is necessary for the proper performance of FDA's
functions, including whether the information will have practical
utility; (2) the accuracy of FDA's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility, and clarity of the information to be collected; and (4) ways
to minimize the burden of the collection of information on respondents,
including through the use of automated collection techniques, when
appropriate, and other forms of information technology.

Substantiation for Dietary Supplement Claims Made Under the Federal
Food, Drug, and Cosmetic Act--21 U.S.C. 343(r)(6)

OMB Control Number 0910-0626--Extension

    This information collection supports Agency regulations and
associated guidance. Specifically, section 403(r)(6) of the FD&C Act
(21 U.S.C. 343(r)(6)) requires that a manufacturer of a dietary
supplement making a nutritional deficiency, structure/function, or
general well-being claim have substantiation that the claim is truthful
and not misleading. A nutritional deficiency claim states a benefit
related to a classical nutrient deficiency disease and states how often
the disease occurs in the United States. A structure/function claim
describes the role of a nutrient or dietary ingredient intended to
affect the structure or function in humans or characterizes how a
nutrient or dietary ingredient acts to maintain such structure or
function. A general well-being claim describes general well-being from
consumption of a nutrient or dietary ingredient.
    The guidance document entitled ``Substantiation for Dietary
Supplement Claims Made Under Section 403(r)(6) of the Federal Food,
Drug, and Cosmetic Act'' provides our recommendations to manufacturers
about the amount, type, and quality of evidence they should have to
substantiate a claim under section 403(r)(6) of the FD&C Act. The
guidance does not discuss the types of claims that can be made
concerning the effect of a dietary supplement on the structure or
function of the body, nor does it discuss criteria to determine when a
statement about a dietary supplement is a disease claim. The guidance
document is intended to assist manufacturers in their efforts to comply
with section 403(r)(6) of the FD&C Act. Persons with access to the
internet may obtain the guidance at https://www.fda.gov/FoodGuidances.
    Dietary supplement manufacturers collect the necessary
substantiating information for their product as required by section
403(r)(6) of the FD&C Act. The guidance provides information to
manufacturers to assist them in doing so. The recommendations contained
in the guidance are voluntary. Dietary supplement manufacturers will
only need to collect information to substantiate their product's
nutritional deficiency, structure/function, or general well-being claim
if they choose to place a claim on their product's label.
    The standard discussed in the guidance for substantiation of a
claim on the labeling of a dietary supplement is consistent with
standards set by the Federal Trade Commission for dietary supplements
and other health-related products that the claim be based on competent
and reliable scientific evidence. This evidence standard is broad
enough that some dietary supplement manufacturers may only need to
collect peer-reviewed scientific journal articles to substantiate their
claims; other dietary supplement manufacturers whose products have
properties that are less well documented may have to conduct studies to
build a body of evidence to support their claims. It is unlikely that a
dietary supplement manufacturer will attempt to make a claim when the
cost of obtaining the evidence to support the claim outweighs the
benefits of having the claim on the product's label. It is likely that
manufacturers will seek substantiation for their claims in the
scientific literature.
    The time it takes to assemble the necessary scientific information
to support their claims depends on the product and the claimed
benefits. If the product is one of several on the market making a
particular claim for which there is adequate publicly available and
widely established evidence supporting the claim, then the time to
gather supporting data will be minimal; if the product is the first of
its kind to make a particular claim or the evidence supporting the
claim is less publicly available or not widely established, then
gathering the appropriate scientific evidence to substantiate the claim
will be more time consuming.
    FDA estimates the burden of this collection of information as
follows:

                               Table 1--Estimated Annual Recordkeeping Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                     Number of                        Average
           Claim type                Number of      records per    Total annual     burden per     Total  hours
                                   recordkeepers   recordkeeper       records      recordkeeping
----------------------------------------------------------------------------------------------------------------
Widely known, established.......             667               1             667              44          29,348
Preexisting, not widely                      667               1             667             120          80,040
 established....................
Novel...........................             667               1             667             120          80,040
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............         189,428
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    We have retained the currently approved burden estimate for the
information collection. Based on our experience with the collection, we
estimate that it will take 44 hours to assemble information needed to
substantiate a claim on a particular dietary supplement when the claim
is widely known and established. We believe it will take closer to 120
hours to assemble supporting scientific information when the claim is
novel or when the claim is preexisting but the scientific underpinnings
of the claim are not widely established. These are claims that may be
based on emerging science, where conducting literature searches and
understanding the literature takes time. It is also possible that
references for claims made for some dietary ingredients or dietary
supplements may primarily be found in foreign journals and in foreign
languages or in the older, classical literature where it is not
available on computerized literature databases or in the major
scientific reference databases, such as the National Library of
Medicine's literature database, all of which increases the time of
obtaining substantiation.

    In the Federal Register of January 6, 2000 (65 FR 1000), we
published a final rule (the `structure/function final rule) on
statements made for dietary supplements concerning the effect of the
product on the structure or function of the body. In that final rule,
we estimated that there were 29,000 dietary supplement products
marketed in the United States (65 FR 1000 at 1045). Assuming that the
flow of new products is 10 percent per year, then 2,900 new dietary
supplement products will come on the market each year. The structure/
function final rule estimated that about 69 percent of dietary
supplements have a claim on their labels, most probably a structure/
function claim (65 FR 1000 at 1046). Therefore, we assume that
supplement manufacturers will need time to assemble the evidence to
substantiate each of the 2,001 claims (2,900 x 69 percent) made each
year. If we assume that the 2,001 claims are equally likely to be
preexisting widely established claims, novel claims, or preexisting
claims that are not widely established, then we can expect 667 of each
of these types of claims to be substantiated per year. Table 1 of this
document shows that the annual burden hours associated with assembling
evidence for claims is 189,428 (the sum of 667 x 44 hours, 667 x 120
hours, and 667 x 120 hours).

    Dated: October 31, 2017.
Anna K. Abram,
Deputy Commissioner for Policy, Planning, Legislation, and Analysis.
[FR Doc. 2017-24123 Filed 11-3-17; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 88, Number 135 (Monday, July 17, 2023)]
[Notices]
[Pages 45410-45411]
[FR Doc No: 2023-15081]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 1922-052]

Ketchikan Public Utilities, Alaska; Notice Soliciting Scoping
Comments

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: Subsequent Minor License.
    b. Project No.: 1922-052.
    c. Date Filed: October 27, 2022.
    d. Applicant: Ketchikan Public Utilities (KPU).
    e. Name of Project: Beaver Falls Hydroelectric Project (project).
    f. Location: On Beaver Falls Creek in Ketchikan Gateway Borough,
Alaska. The project currently occupies 478.4 acres of United States
lands administered by U.S. Forest Service.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Jennifer Holstrom, Senior Project Engineer,
Ketchikan Public Utilities, 1065 Fair Street, Ketchikan, Alaska 99901;
(907) 228-4733; or email at [email protected].
    i. FERC Contact: Kristen Sinclair at<PHONE_NUMBER>, or
[email protected].
    j. Deadline for filing scoping comments: August 10, 2023.
    The Commission strongly encourages electronic filing. Please file
scoping comments using the Commission's eFiling system at https://ferconline.ferc.gov/FERCOnline.aspx. Commenters can submit brief
comments up to 6,000 characters, without prior registration, using the
eComment system at https://ferconline.ferc.gov/QuickComment.aspx. You
must include your name and contact information at the end of your
comments. For assistance, please contact FERC Online Support at
[email protected],<PHONE_NUMBER> (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, you may submit a paper copy.
Submissions sent via the U.S. Postal Service must be addressed to:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street NE, Room 1A, Washington, DC 20426. Submissions sent via
any other carrier must be addressed to: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville,
Maryland 20852. All filings must clearly identify the project name and
docket number on the first page: Beaver Falls Hydroelectric Project (P-
1922-052).
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person on the official service list for the
project. Further, if an intervenor files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, they must also serve
a copy of the document on that resource agency.
    k. The application is not ready for environmental analysis at this
time.
    l. The existing Beaver Falls Project consists of two developments,
Silvis and Beaver Falls. The Silvis development consists of: (1) a 60-
foot-high, 135-foot-long concrete-face, rock-filled Upper Silvis Lake
dam; (2) an 800-foot-long excavated rock spillway channel leading from
Upper Silvis Lake to Lower Silvis Lake; (3) a 300-acre reservoir (Upper
Silvis Lake) with gross storage capacity of approximately 38,000 acre-
feet; (4) a 980-foot-long underground power tunnel connecting to a 342-
foot-long, 36-inch-diameter steel penstock that conveys water to the
Silvis Powerhouse; (5) a 30-feet by 40-feet by 25-feet-high Silvis
powerhouse containing a single Francis-type turbine with a rated
capacity of 2.1 megawatts; (6) a 150-foot-long trapezoidal shaped
channel tailrace discharging into Lower Silvis Lake; (7) a 2,900-foot-
long, 5-kilovolt submarine cable beneath Lower Silvis Lake; (8) a
7,000-foot-long, 34.5- kilovolt aerial transmission line; and (9)
appurtenant facilities.
    The Beaver Falls development consists of: (1) a 32-foot-high, 140-
foot-long concrete-face, rock-filled Lower Silvis dam; (2) a spillway
with an ungated control weir and unlined rock discharge channel; (3) a
67.5-acre

reservoir (Lower Silvis Lake) with gross storage capacity of
approximately 8,052 acre-feet; (4) a 3-foot-high, 40-foot-long concrete
diversion dam on Beaver Falls Creek; (5) a 3,800-foot-long underground
power tunnel connecting to a 3,610-foot-long above ground steel
penstock that conveys water from Lower Silvis Lake to the Beaver Falls
powerhouse and supplies water to Units 3 and 4 in the powerhouse; (6) a
225-foot-long adit that taps the 3,800-foot-long underground power
tunnel and discharges water into Beaver Falls Creek approximately 500-
feet upstream of the Beaver Falls diversion dam; (7) a 4,170-foot-long
above ground steel penstock that conveys water from the Beaver Falls
Creek diversion dam to the Beaver Falls powerhouse and supplies Unit 1
in the powerhouse; (8) a 30-feet by 147-feet by 25-feet-high Beaver
Falls powerhouse containing three horizontal Pelton generating units
with a total installed capacity of 5 MW (Units 1, 3 and 4; Unit 2 is
decommissioned); (9) a Beaver Falls substation; and (10) appurtenant
facilities. The project generates an annual average of 54,711,280
megawatt-hours.
    KPU operates the project in peaking mode utilizing a combination of
river inflow and storage in the reservoirs to meet the power demands of
the City of Ketchikan (particularly in the summer). Upper Silvis Lake
provides the primary storage for the project.
    KPU proposes to continue operating the project in peaking mode with
no new developments or modifications to its existing facilities or
operation.
    KPU also proposes to remove 77 acres of land from the Beaver Falls
project boundary to more closely align with the footprint of its
facilities and maintenance needs. KPU's proposed Beaver Falls project
boundary would include 408.8 acres of land within Tongass National
Forest, and approximately 14.2 acres of Federal lands subject to FPA
Section 24, for a total of 423 acres.
    m. At this time, the Commission has suspended access to the
Commission's Public Reference Room. Copies of the application can be
viewed on the Commission's website at https://www.ferc.gov using the
``eLibrary'' link. Enter the project's docket number excluding the last
three digits in the docket number field to access the document. For
assistance, contact FERC Online Support at [email protected].
    You may also register at https://ferconline.ferc.gov/FERCOnline.aspx to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, please
contact FERC Online Support at [email protected].
    n. The Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including landowners,
environmental justice communities, Tribal members and others, access
publicly available information and navigate Commission processes. For
public inquiries and assistance with making filings such as
interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at<PHONE_NUMBER> or [email protected].
    o. Scoping Process
    Pursuant to the National Environmental Policy Act (NEPA),
Commission staff intends to prepare either an environmental assessment
(EA) or an environmental impact statement (EIS) (collectively referred
to as the ``NEPA document'') that describes and evaluates the probable
effects, including an assessment of the site-specific and cumulative
effects, if any, of the proposed action and alternatives. The
Commission's scoping process will help determine the required level of
analysis and satisfy the NEPA scoping requirements, irrespective of
whether the Commission issues an EA or an EIS. At this time, we do not
anticipate holding an on-site scoping meeting. Instead, we are
soliciting written comments and suggestions on the preliminary list of
issues and alternatives to be addressed in the NEPA document, as
described in scoping document 1 (SD1), issued July 11, 2023.
    Copies of the SD1 outlining the subject areas to be addressed in
the NEPA document were distributed to the parties on the Commission's
mailing list and the applicant's distribution list. Copies of SD1 may
be viewed on the web at http://www.ferc.gov using the ``eLibrary''
link. Enter the docket number excluding the last three digits in the
docket number field to access the document. For assistance, call 1-866-
208-3676 or for TTY,<PHONE_NUMBER>.

    Dated: July 11, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-15081 Filed 7-14-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 137 (Friday, July 17, 2015)]
[Notices]
[Page 42520]
[FR Doc No: 2015-17513]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4223-DR; Docket ID FEMA-2015-0002]

Texas; Amendment No. 7 to Notice of a Major Disaster Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Texas (FEMA-4223-DR), dated May 29, 2015, and related
determinations.

DATES: Effective Date: July 9, 2015.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of Texas is hereby amended to include the following areas
among those areas determined to have been adversely affected by the
event declared a major disaster by the President in his declaration of
May 29, 2015.

    Erath, Jim Wells, and Montgomery Counties for Individual
Assistance.
    Angelina, Frio, and Trinity Counties for Individual Assistance
(already designated for Public Assistance).
    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050 Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2015-17513 Filed 7-16-15; 8:45 am]
 BILLING CODE 9110-23-P


Chlorine Dioxide Product Chemistry Chapter Case 4023 A. Najm Shamim, Ph. D. Office of Pesticide Programs Antimicrobials Division U. S. Environmental Protection Agency 1200 Pennsylvania Avenue, NW Washington, DC 20460 April 5, 2006 Page 2 of 4 I. CHLORINE DIOXIDE: PHYSICAL/ CHEMICAL CHARACTERISTICS Chemical Name: Chlorine dioxide, Chlorine ( IV) oxide Chemical Formula: ClO2 Chemical Structure: Cl O O CAS#: 10049 04 4 Molecular Weight: 67.45 g/ mol Color: Gas phase Yellow green to orange Liquid phase reddish brown Melting Point:  59 o C Boiling Point: 11 o C Odor: Strongly pungent, chlorine like Physical State: Gas at room temperature Density: 1.64 g/ ml at 0 o C ( liquid) 1.614 g/ ml at 10 o C ( liquid) Vapor Pressure: 490 mm Hg ( 0o C) > 760 mm Hg ( 25 o C) Stability: Unstable, estimated half life in water ~ 25 minutes* Solubility ( water): 3.01 g/ L at 25 o C and 34. 5 mm Hg**

Note: 1) It is explosive at >  40 o C, and its explosive velocity in air is 50 m/ s. 2) It is highly miscible in water up to 60 g/ L. 3) It is highly unstable in sunlight.

* Dilute aqueous solutions remain quite stable for long periods ( i. e. years) if kept cool and in the dark.

** In aqueous solutions at pH> 10, chlorine dioxide will hydrolyze to form chlorate and chlorite ions. In neutral or near neutral solutions ( 4< pH < 10) chlorine dioxide is relatively stable and exists as a free radical in water. The rate of the hydrolysis reaction between water and chlorine dioxide is about ten million times slower than that of chlorine at neutral pH.

Sources: ATSDR, 2003; Gates, 1998; EPA, 2001 Page 3 of 4 II. SODIUM CHLORITE: PHYSICAL/ CHEMICAL CHARACTERISTICS Chemical Name: Sodium chlorite Synonyms( s): Chlorous acid, sodium salt Chemical Formula: NaClO2 Chemical Structure: Cl O ONa

CAS#: 7758 19 2 Molecular Weight: 90.45 g/ mol Color: White Melting Point: 180 200 o C ( decomposes) Boiling Point: n/ a Physical State: Solid Density: 2.468 g/ ml ( as a solid) Vapor Pressure: n/ a Stability: Stable at Room Temperature Solubility ( water): 390 g/ L at 30 o C Compatibility: Incompatible with organic matter, sulfur, powdered coal, and is a powerful oxidizer.

Sources: ATSDR, 2003; MRID 41467601 BIBLIOGRAPHY 41467601 Biehn, W. ( 1989) Chlorine Dioxide Product Identity and Composition Certification of Ingredient Limits, Nominal Concentration, Ana lytical Methods, Physical and Chemical Properties: Lab Project Number: IR 4/ PR/ NO/ 4042. Unpublished study prepared by IR 4 Project, Rutgers Univ. 44 p Chlorite Agency for Toxic Substances and Disease Registry ( ATSDR), 2003. Draft: Toxicological Profile for Chlorine Dioxide and Sodium Chlorite. US Department of Health and Human Services, Public Health Service. Page 4 of 4 Environmental Protection Agency, 2001. Review of Threshold of Regulation Request for Chlorine Dioxide on Stored Potatoes, A Memo from A. Najm Shamim, Chemist to Bob Brennis, Product Manager, Antimicrobials Division. July 2001.

Gates, Don, 1998. The Chlorine Dioxide HANDBOOK, AWWA Publishers.


[Federal Register Volume 76, Number 192 (Tuesday, October 4, 2011)]
[Notices]
[Page 61406]
[FR Doc No: 2011-25659]

=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meeting

    Notice is hereby given, pursuant to the provisions of the
Government in the Sunshine Act, Public Law 94-409, that the Securities
and Exchange Commission will hold a Closed Meeting on Thursday, October
6, 2011 at 9:30 a.m.
    Commissioners, Counsel to the Commissioners, the Secretary to the
Commission, and recording secretaries will attend the Closed Meeting.
Certain staff members who have an interest in the matters also may be
present.
    The General Counsel of the Commission, or his designee, has
certified that, in his opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) and 17 CFR
200.402(a)(3), (5), (7), 9(ii) and (10), permit consideration of the
scheduled matters at the Closed Meeting.
    Commissioner Paredes, as duty officer, voted to consider the items
listed for the Closed Meeting in a closed session.
    The subject matter of the Closed Meeting scheduled for Thursday,
October 6, 2011 will be:

Institution and settlement of injunctive actions;
Institution and settlement of administrative proceedings; and
Other matters relating to enforcement proceedings.

    At times, changes in Commission priorities require alterations in
the scheduling of meeting items.
    For further information and to ascertain what, if any, matters have
been added, deleted or postponed, please contact:
    The Office of the Secretary at<PHONE_NUMBER>.

    Dated: September 29, 2011.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-25659 Filed 9-30-11; 11:15 am]
BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 54 (Friday, March 20, 2015)]
[Notices]
[Pages 15039-15041]
[FR Doc No: 2015-06358]

=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

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

Extension:
    Rule 17g-5, SEC File. No. 270-581, OMB Control No. 3235-0649.

    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 17g-5 (17 CFR 240.17g-5)
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.
    The Credit Rating Agency Reform Act of 2006 (Pub. L. 109-291)
(``Rating Agency Act''), enacted on September 29, 2006, defines the
term ``nationally recognized statistical rating organization,'' or
``NRSRO'' and provides authority for the Commission to implement
registration, recordkeeping, financial reporting, and oversight rules
with respect to registered credit rating agencies. The Rating Agency
Act added a new section 15E, ``Registration of Nationally Recognized
Statistical Rating Organizations'' (15 U.S.C. 78o-7) to the Exchange
Act. Exchange Act section 15E(h)(2) provides the Commission with
authority to prohibit, or require the management and disclosure of, any
potential conflict of interest relating to the issuance of credit
ratings by an NRSRO (15 U.S.C. 78o-7(h)(2)).
    The Commission adopted, and subsequently amended, Rule 17g-5
pursuant, in part, to section 15E(h)(2) of the Exchange Act.\1\ Rule
17g-5 requires the disclosure of and establishment of procedures to
manage certain NRSRO conflicts of interest, prohibits certain other
NRSRO conflicts of interest, and contains requirements regarding the
disclosure of information in the case of the conflict of interest of an
NRSRO issuing or maintaining a credit rating on an asset-backed
security that was paid for by the issuer, sponsor, or underwriter of
the security.
---------------------------------------------------------------------------

    \1\ See Oversight of Credit Rating Agencies Registered as
Nationally Recognized Statistical Rating Organizations, Exchange Act
Release No. 55857 (June 5, 2007), 72 FR 33564, 33595-33599 (June 18,
2007); Amendments to Rules for Nationally Recognized Statistical
Rating Organizations, Exchange Act Release No. 59342 (Feb. 2, 2009)
74 FR 6456, 6465-6469 (Feb. 9, 2009); and Amendments to Rules for
Nationally Recognized Statistical Rating Organizations, Exchange Act
Release No. 61050 (Nov. 23, 2009), 74 FR 63832, 63842-63850 (Dec. 4,
2009).
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    On August 27, 2014, the Commission adopted amendments to Rule 17g-
5.\2\ The amendments modified the collection of information included in
Rule 17g-5 in three ways. First, the Commission added paragraph
(a)(3)(iii)(E) to Rule 17g-5 to require an NRSRO to obtain a
representation from the issuer, sponsor, or underwriter of an asset-
backed security that the issuer, sponsor, or underwriter will post on
the Web site referred to in paragraph (a)(3)(iii) of Rule 17g-5 (``Rule
17g-5 Web site''), promptly after receipt, any executed Form ABS Due
Diligence-15E delivered by a person employed to provide third-party due
diligence services with respect to the security or money market
instrument.
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    \2\ See Nationally Recognized Statistical Rating Organizations,
Exchange Act Release No. 72936 (August 27, 2014), 79 FR 55078,
55107-55194 (Sept. 15, 2014) (``Adopting Release'').
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    Second, the Commission added paragraph (c)(8) to Rule 17g-5 to
prohibit an NRSRO from issuing or maintaining a credit rating where a
person within the NRSRO who participates in determining or monitoring
the credit rating, or developing or approving procedures or
methodologies used for determining the

credit rating, including qualitative and quantitative models, also: (1)
Participates in sales or marketing of a product or service of the NRSRO
or a product or service of an affiliate of the NRSRO; or (2) is
influenced by sales or marketing considerations.
    Third, the Commission added paragraph (f) to Rule 17g-5, which
provides that upon written application by an NRSRO the Commission may
exempt, either unconditionally or on specified terms and conditions,
the NRSRO from paragraph (c)(8) of Rule 17g-5 if the Commission finds
that due to the small size of the NRSRO it is not appropriate to
require the separation of the production of credit ratings from sales
and marketing activities and the exemption is in the public interest.
    The collection of information obligation imposed by Rule 17g-5 is
mandatory for credit rating agencies that are applying to register or
are registered with the Commission as NRSROs. Registration with the
Commission as an NRSRO is voluntary.
    Paragraph (a)(3) of Rule 17g-5 requires disclosures by NRSROs on a
transaction by transaction basis. The Commission estimates that the
total number of structured finance ratings issued by all NRSROs in a
given year is approximately 2,436 and that it would take 1 hour per
transaction to make the information publicly available. The Commission
therefore estimates that the corresponding annual disclosure burden for
NRSROs is approximately 2,436 hours industry-wide.
    Paragraph (a)(3) of Rule 17g-5 also requires arrangers to disclose
certain information. The Commission previously estimated that there are
approximately 200 arrangers subject to the rule. The Commission
estimates that it would take approximately 300 hours to develop a
system, as well as the policies and procedures, for the disclosures
required by Rule 17g-5. In the Adopting Release, the Commission
estimated that there are approximately 336 issuers, sponsors, or
underwriters of asset-backed securities. Therefore, the one-time burden
for the additional 136 respondents is approximately 40,800 hours. The
Commission therefore estimates that, over a three-year period, the
total industry-wide one-time burden would be approximately 13,600 hours
per year when annualized over three years.
    Paragraph (a)(3) of Rule 17g-5 also requires disclosures by
arrangers on a transaction by transaction basis. The Commission
estimates that 336 arrangers would arrange approximately 20 new
transactions per year and that it would take 1 hour per transaction to
make the information publicly available, resulting in a total annual
disclosure burden of approximately 6,720 hours.
    Paragraph (a)(3) of Rule 17g-5 also requires disclosure of
information by arrangers on an ongoing basis that is used by an NRSRO
to undertake credit rating surveillance on the structured finance
product. The Commission estimates this disclosure would be required for
approximately 125 transactions a month, and it would take each
respondent approximately 0.5 hours per transaction to disclose the
information. Therefore, the Commission estimates that it would take
each respondent approximately 750 hours on an annual basis to disclose
such information, for a total aggregate annual disclosure burden of
252,000 hours.
    Paragraph (e) of Rule 17g-5 requires NRSROs to submit an annual
certification to the Commission. The Commission estimates that it would
take each NRSRO approximately 2 hours to complete the certification,
resulting in a total industry-wide annual reporting burden for 10
NRSROs of 20 hours.
    New paragraph (a)(3)(iii)(E) of Rule 17g-5 may require NRSROs to
redraft the agreement templates they use with respect to obtaining
representations from issuers, sponsors, or underwriters as required
under Rule 17g-5. The Commission estimates that an NRSRO will spend
approximately two hours on a one-time basis to redraft these templates
with respect to each issuer, sponsor, or underwriter, for a total
industry-wide one-time disclosure burden of approximately 6,720 hours.
The Commission therefore estimates that the total one-time disclosure
burden to redraft the templates would be approximately 2,240 hours per
year when annualized over three years.
    New paragraph (a)(3)(iii)(E) of Rule 17g-5 also requires issuers,
sponsors, and underwriters to post on the Rule 17g-5 Web sites any
executed Form ABS Due Diligence-15E delivered by a person employed to
provide third-party due diligence services. The Commission estimates
that issuers, sponsors, and underwriters will need to post
approximately 715 Forms ABS Due Diligence-15E on Rule 17g-5 Web sites
per year (in addition to the information that is already posted to the
Web sites). The Commission estimates that it will take the issuer,
sponsor, or underwriter approximately ten minutes to upload each form
and post it to the Web site, for a total industry-wide annual
disclosure burden of approximately 119 hours.
    As a consequence of the new absolute prohibition in paragraph
(c)(8) of Rule 17g-5, the Commission believes that an NRSRO will need
to update the written policies and procedures to address and manage
conflicts of interest the NRSRO must establish, maintain, and enforce
under section 15E(h) of the Exchange Act and Rule 17g-5. The Commission
estimates that updating the conflicts of interest policies and
procedures would take an NRSRO an average of approximately 100 hours,
for an industry-wide one-time reporting burden of approximately 1,000
hours. In addition, Exhibit 7 to Form NRSRO requires an NRSRO to
provide a copy of the written policies and procedures in the exhibit.
Paragraph (e) of Rule 17g-1 requires an NRSRO to promptly file with the
Commission an update of its registration on Form NRSRO when information
on the form is materially inaccurate. The update of registration must
be filed electronically on the Commission's EDGAR system. The
Commission estimates that it would take an NRSRO an average of
approximately twenty-five hours on a one-time basis to prepare and file
the update of registration to account for the update of the NRSRO's
written policies and procedures to address and manage conflicts of
interest, for an industry-wide one-time reporting burden of
approximately 250 hours. The Commission therefore estimates that the
total one-time reporting burden to update the conflicts of interest
policies and procedures and to prepare and file an update of
registration to account for the update of the NRSRO's written policies
and procedures would be 1,250 hours, or approximately 417 hours per
year when annualized over three years.
    Finally, paragraph (f) of Rule 17g-5 permits an NRSRO to apply for
an exemption from the prohibited conflict under paragraph (c)(8) of
Rule 17g-5. The Commission estimated that an NRSRO would likely spend
an average of approximately 150 hours to draft and submit the
application to the Commission. If all 10 NRSROs apply for an exemption,
this would result in a one-time industry-wide reporting burden of 1,500
hours, or approximately 500 hours per year when annualized over 3
years.
    Accordingly, the total estimated burden associated with Rule 17g-5
is 50,270 hours on a one-time basis (40,800 + 6,720 + 1,250 + 1,500 =
50,270) and 261,295 hours on an annual basis (2,436 + 6,720 + 252,000 +
20 +119 = 261,295).
    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 estimate of the burden of the
proposed collection of information; (c) ways to enhance the quality,
utility, and clarity of the information on respondents; 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: Pamela C. Dyson, Director/
Chief Information Officer, Securities and Exchange Commission, c/o Remi
Pavlik-Simon, 100 F Street NE., Washington, DC 20549 or send an email
to<EMAIL_ADDRESS>
    Dated: March 16, 2015.
Brent J. Fields,
Secretary.
[FR Doc. 2015-06358 Filed 3-19-15; 8:45 am]
 BILLING CODE 8011-01-P


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    \186\ As described above, EPA is already subject to a FIP duty
for Regional Haze in Arizona. In addition, due to a previous finding
of failure to submit, 70 FR 21147, we are already subject to a FIP
duty for the 2007 Transport SIP.
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XIII. Statutory and Executive Order Reviews

 A. Executive Order 12866, Regulatory Planning and Review

    This action is not a ``significant regulatory action'' under the
terms of Executive Order (EO) 12866 (58 FR 51735, October 4, 1993) and
is therefore not subject to review under the EO.

 B. Paperwork Reduction Act

    This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.,
because this proposed partial approval and partial disapproval of SIP
revisions under CAA section 110 will not in-and-of itself create any
new information collection burdens but simply proposes to approve
certain State requirements, and to disapprove certain other State
requirements, for inclusion into the SIP. Burden is defined at 5 CFR
1320.3(b).

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency
to conduct a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements unless the agency certifies
that the rule will not have a significant economic impact on a
substantial number of small entities. Small entities include small
businesses, small not-for-profit enterprises, and small governmental
jurisdictions. For purposes of assessing the impacts of today's rule on
small entities, small entity is defined as: (1) A small business as
defined by the Small Business Administration's (SBA) regulations at 13
CFR 121.201; (2) a small governmental jurisdiction that is a government
of a city, county, town, school district or special district with a
population of less than 50,000; and (3) a small organization that is
any not-for-profit enterprise which is independently owned and operated
and is not dominant in its field. After considering the economic
impacts of today's proposed rule on small entities, I certify that this
action will not have a significant impact on a substantial number of
small entities. This rule does not impose any requirements or create
impacts on small entities. This proposed rule does not impose any
requirements or create impacts on small entities. This proposed partial
SIP approval and partial SIP disapproval under CAA section 110 will not
in-and-of itself create any new requirements but simply proposes to
approve certain State requirements, and to disapprove certain other
State requirements, for inclusion into the SIP. Accordingly, it affords
no opportunity for EPA to fashion for small entities less burdensome
compliance or reporting requirements or timetables or exemptions from
all or part of the rule. Therefore, this action will not have a
significant economic impact on a substantial number of small entities.
We continue to be interested in the potential impacts of this proposed
rule on small entities and welcome comments on issues related to such
impacts.

D. Unfunded Mandates Reform Act

    This action contains no Federal mandates under the provisions of
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C.
1531- 1538 for State, local, or tribal governments or the private
sector.'' This action proposes to approve certain preexisting
requirements, and to disapprove certain other pre-existing
requirements, under State or local law, and imposes no new
requirements. Accordingly, no additional costs to State, local, or
tribal governments, or to the private sector, result from this proposed
action.

 E. Executive Order 13132, Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.'' This action
does not have federalism implications. It will not have substantial
direct effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government, as specified
in Executive Order 13132, because it merely proposes to approve certain
State requirements, and to disapprove certain other State requirements,
for inclusion into the SIP and does not alter the relationship or the
distribution of power and responsibilities established in the Clean Air
Act. Thus, Executive Order 13132 does not apply to this action.

 F. Executive Order 13175, Coordination With Indian Tribal Governments

    This action does not have tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP
on which EPA is proposing action would not apply in Indian country
located in the state, and EPA notes that it will not impose substantial
direct costs on tribal governments or preempt tribal law. Thus,
Executive Order 13175 does not apply to this action. However, this
action creates the basis for future action which could impact a
tribally-owned source. EPA will engage in consultation with the
affected tribe to ensure that any concerns are considered during that
process. EPA specifically solicits additional comment on this proposed
rule from tribal officials.

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

    EPA interprets EO 13045 (62 FR 19885, April 23, 1997) as applying
only to those regulatory actions that concern health or safety risks,
such that the analysis required under section 5-501 of the EO has the
potential to influence the regulation. This action is not subject to EO
13045 because it is not an economically significant regulatory action
based on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997). This proposed partial approval and partial
disapproval under section 110 of the Clean Air Act will not in-and-of
itself create any new

regulations but simply disapproves certain State requirements for
inclusion into the SIP.

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

    This proposed rule is not subject to Executive Order 13211 (66 FR
28355, May 22, 2001) because it is not a significant regulatory action
under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, 12(d) (15 U.S.C. 272 note)
directs EPA to use voluntary consensus standards in its regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus standards bodies. NTTAA directs EPA to provide
Congress, through OMB, explanations when the Agency decides not to use
available and applicable voluntary consensus standards. The EPA
believes that this action is not subject to requirements of Section
12(d) of NTTAA because application of those requirements would be
inconsistent with the Clean Air Act.

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

    Executive Order (EO) 12898 (59 FR 7629 (Feb. 16, 1994)) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States. EPA lacks the discretionary authority
to address environmental justice in this rulemaking.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Visibility, Volatile organic compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: December 7, 2012.
Jared Blumenfeld,
Regional Administrator, Region 9.
[FR Doc. 2012-30702 Filed 12-20-12; 8:45 am]
BILLING CODE 6560-50-P