[Federal Register Volume 84, Number 244 (Thursday, December 19, 2019)]
[Notices]
[Pages 69807-69810]
[FR Doc No: 2019-27349]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-87747; File No. SR-CboeEDGX-2019-073]

Self-Regulatory Organizations; Cboe EDGX Exchange, Inc.; Notice
of Filing and Immediate Effectiveness of a Proposed Rule Change To
Reflect the Financial Crimes Enforcement Network's Adoption of a Final
Rule on Customer Due Diligence Requirements for Financial Institutions

December 13, 2019.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on December 5, 2019, Cboe EDGX Exchange, Inc. (the ``Exchange'' or
``EDGX'') 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 Exchange. The
Exchange filed the proposal as a ``non-controversial'' proposed rule
change pursuant to Section 19(b)(3)(A)(iii) of the Act \3\ and Rule
19b-4(f)(6) thereunder.\4\ 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.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    Cboe EDGX Exchange, Inc. (``EDGX'' or the ``Exchange'') is filing
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 Exchange, to reflect the Financial
Crimes Enforcement Network's (``FinCEN'') adoption of a final rule on
Customer Due Diligence Requirements for Financial Institutions (``CDD
Rule''). The text of the proposed rule change is provided in Exhibit 5.
    The text of the proposed rule change is also available on the
Exchange's website (http://markets.cboe.com/us/options/regulation/rule_filings/edgx/), at the Exchange's Office of the Secretary, 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
I. Background
    The Bank Secrecy Act \5\ (``BSA''), among other things, requires
financial institutions,\6\ including broker-dealers, to develop and
implement AML programs that, at a minimum, meet the statutorily
enumerated ``four pillars.'' \7\ These four pillars currently require
broker-dealers to have written AML programs that include, at a minimum:
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    \5\ 31 U.S.C. 5311, et seq.
    \6\ See U.S.C. 5312(a)(2) (defining ``financial institution'').
    \7\ 31 U.S.C. 5318(h)(1).
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     The establishment and implementation of policies,
procedures and internal controls reasonably designed to achieve
compliance with the applicable provisions of the BSA and implementing
regulations;
     independent testing for compliance by broker-dealer
personnel or a qualified outside party;
     designation of an individual or individuals responsible
for implementing and monitoring the operations and internal controls of
the AML program; and
     ongoing training for appropriate persons.\8\
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    \8\ 31 CFR 1023.210(b).
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    In addition to meeting the BSA's requirements with respect to AML
programs, Exchange Members \9\ must also comply with Exchange Rule 5.6,
which incorporates the BSA's four pillars, as well as requires Members'
AML programs to establish and implement policies and procedures that
can be reasonably expected to detect and cause the reporting of
suspicious transactions.
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    \9\ See Exchange Rule 1.5(n).
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    On May 11, 2016, FinCEN, the bureau of the Department of the
Treasury responsible for administering the BSA and its implementing
regulations, issued the CDD Rule \10\ to clarify and strengthen
customer due diligence for covered financial institutions,\11\
including broker-dealers. In its CDD Rule, FinCEN identifies four
components of customer due diligence: (1) Customer identification and
verification; (2) beneficial ownership identification and verification;
(3) understanding the nature and purpose of customer relationships; and
(4) ongoing monitoring for reporting suspicious transactions and, on a
risk basis, maintaining and updating customer information.\12\ As the
first component is already required to be part of a broker-dealers AML
program under the BSA, the CDD Rule focuses on the other three
components.
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    \10\ FinCEN Customer Due Diligence Requirements for Financial
Institutions; CDD Rule, 81 FR 29397 (May 11, 2016) (CDD Rule
Release); 82 FR 45182 (September 28, 2017) (making technical
correcting amendments to the final CDD Rule published on May 11,
2016). FinCEN is authorized to impose AML program requirements on
financial institutions and to require financial institutions to
maintain procedures to ensure compliance with the BSA and associated
regulations. 31 U.S.C. 5318(h)(2) and (a)(2). The CDD Rule is the
result of the rulemaking process FinCEN initiated in March 2012. See
77 FR 13046 (March 5, 2012) (Advance Notice of Proposed Rulemaking)
and 79 FR 45151 (Aug. 4, 2014) (Notice of Proposed Rulemaking).
    \11\ See 31 CFR 1010.230(f) (defining ``covered financial
institution'').
    \12\ See CDD Rule Release at 29398.
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    Specifically, the CDD Rule focuses particularly on the second
component by adding a new requirement that covered financial
institutions identify and verify the identity of the beneficial owners
of all legal entity customers at the time a new account is opened,
subject to certain exclusions and exemptions.\13\ The CDD Rule also
addresses the third and fourth components, which FinCEN states ``are
already implicitly required for covered financial institutions to
comply with their suspicious activity reporting requirements,'' by
amending the existing AML program rules for covered

financial institutions to explicitly require these components to be
included in AML programs as a new ``fifth pillar.''
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    \13\ See 31 CFR 1010.230(d) (defining ``beneficial owner'') and
31 CFR 1010.230(e) (defining ``legal entity customer'').
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    On November 21, 2017, FINRA published Regulatory Notice 17-40 to
provide guidance to member firms regarding their obligations under
FINRA Rule 3310 in light of the adoption of FinCEN's CDD Rule. In
addition, the Notice summarized the CDD Rule's impact on member firms,
including the addition of the new fifth pillar required for member
firms' AML programs. FINRA also amended FINRA Rule 3310 to explicitly
incorporate the fifth pillar.\14\ This proposed rule change amends EDGX
Rule 5.6 to harmonize it with the FINRA rule and incorporate the fifth
pillar.
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    \14\ See Securities Exchange Act Release No. 83154 (May 2,
2018), 83 FR 20906 (May 8, 2018) (File No. SR-FINRA-2018-016).
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II. Exchange Rule 5.6 and Amendment to Minimum Requirements for
Members' AML Programs
    Section 352 of the USA PATRIOT Act of 2001 \15\ amended the BSA to
require broker-dealers to develop and implement AML programs that
include the four pillars mentioned above. Consistent with Section 352
of the PATRIOT Act, and incorporating the four pillars, EDGX Rule 5.6
requires each Member to develop and implement a written AML program
reasonably designed to achieve and monitor the Member's compliance with
the BSA and implementing regulations. Among other requirements, EDGX
Rule 5.6 requires that each Member firm, at a minimum: (1) Establish
and implement policies and procedures that can be reasonably expected
to detect and cause the reporting of suspicious transactions; (2)
establish and implement policies, procedures, and internal controls
reasonably designed to achieve compliance with the BSA and implementing
regulations; (3) provide independent testing for compliance to be
conducted by Member personnel or a qualified outside party; (4)
designate and identify to EDGX an individual or individuals (i.e., AML
compliance person(s)) who will be responsible for implementing and
monitoring the day-to-day operations and internal controls of the AML
program and provide prompt notification to the Exchange of any changes
to the designation; and (5) provide ongoing training for appropriate
persons.
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    \15\ Uniting and Strengthening America by Providing Appropriate
Tools Required to Intercept and Obstruct Terrorism Act of 2001,
Public Law 107-56, 115 Stat. 272 (2001).
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    FinCEN's CDD Rule does not change the requirements of Exchange Rule
5.6, and Members must continue to comply with its requirements.\16\
However, FinCEN's CDD Rule amends the minimum regulatory requirements
for broker-dealers' AML programs by explicitly requiring such programs
to include risk-based procedures for conducting ongoing customer due
diligence.\17\ Accordingly, the Exchange is proposing to amend Exchange
Rule 5.6 to incorporate this ongoing customer due diligence element, or
``fifth pillar'' required for AML programs. Thus, proposed Rule
5.6(b)(6) would provide that the AML programs required by this Rule
shall, at a minimum include appropriate risk-based procedures for
conducting ongoing customer due diligence, to include, but not be
limited to: (A) Understanding the nature and purpose of customer
relationships for the purpose of developing a customer risk profile;
and (B) conducting ongoing monitoring to identify and report suspicious
transactions and, on a risk basis, to maintain and update customer
information.
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    \16\ FinCEN notes that broker-dealers must continue to comply
with FINRA Rules, notwithstanding differences between the CDD Rule
and FINRA Rule 3310, which is substantially identical to Exchange
Rule 5.6. See CDD Rule Release 29421, n. 85.
    \17\ See CDD Rule Release at 29420; 31 CFR 1023.210.
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    As stated in the CDD Rule, these provisions are not new and merely
codify existing expectations for Members to adequately identify and
report suspicious transactions as required under the BSA and
encapsulate practices generally already undertaken by securities firms
to know and understand their customers.\18\ The proposed rule change
simply incorporates into Exchange Rule 5.6 the ongoing customer due
diligence element, or ``fifth pillar,'' required for AML programs by
the CDD Rule to aid Members in complying with the CDD Rule's
requirements. However, to the extent that these elements, which are
briefly summarized below, are not already included in Members' AML
programs, the CDD Rule requires Members to update their AML programs to
explicitly incorporate them.
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    \18\ Id. at 29419.
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III. Summary of Fifth Pillar's Requirements
Understanding the Nature and Purpose of Customer Relationships
    FinCEN states in the CDD Rule that firms must necessarily have an
understanding of the nature and purpose of the customer relationship in
order to determine whether a transaction is potentially suspicious and,
in turn, to fulfill their SAR obligations.\19\ To that end, the CDD
Rule requires that firms understand the nature and purpose of the
customer relationship in order to develop a customer risk profile. The
customer risk profile refers to information gathered about a customer
to form the baseline against which customer activity is assessed for
suspicious transaction reporting.\20\ Information relevant to
understanding the nature and purpose of the customer relationship may
be self-evident and, depending on the facts and circumstances, may
include such information as the type of customer, account or service
offered, and the customer's income, net worth, domicile, or principal
occupation or business, as well as, in the case of existing customers,
the customer's history of activity.\21\ The CDD Rule also does not
prescribe a particular form of the customer risk profile.\22\ Instead,
the CDD Rule states that depending on the firm and the nature of its
business, a customer risk profile may consist of individualized risk
scoring, placement of customers into risk categories or another means
of assessing customer risk that allows firms to understand the risk
posed by the customer and to demonstrate that understanding.\23\
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    \19\ Id. at 29421.
    \20\ Id. at 29422.
    \21\ Id.
    \22\ Id.
    \23\ Id.
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    The CDD Rule also addresses the interplay of understanding the
nature and purpose of customer relationships with the ongoing
monitoring obligation discussed below. The CDD Rule explains that firms
are not necessarily required or expected to integrate customer
information or the customer risk profile into existing transaction
monitoring systems (for example, to serve as the baseline for
identifying and assessing suspicious transactions on a contemporaneous
basis).\24\ Rather, FinCEN expects firms to use the customer
information and customer risk profile as appropriate during the course
of complying with their obligations under the BSA in order to determine
whether a particular flagged transaction is suspicious.\25\
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    \24\ Id.
    \25\ Id.
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Conduct Ongoing Monitoring
    As with the requirement to understand the nature and purpose of the
customer relationship, the requirement to conduct ongoing

monitoring to identify and report suspicious transactions and, on a
risk basis, to maintain and update customer information, merely adopts
existing supervisory and regulatory expectations as explicit minimum
standards of customer due diligence required for firms' AML
programs.\26\ If, in the course of its normal monitoring for suspicious
activity, the Member detects information that is relevant to assessing
the customer's risk profile, the Member must update the customer
information, including the information regarding the beneficial owners
of legal entity customers.\27\ However, there is no expectation that
the Member update customer information, including beneficial ownership
information, on an ongoing or continuous basis.\28\
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    \26\ Id. at 29402.
    \27\ Id. at 29420-21. See also FINRA Regulatory Notice 17-40
(discussing identifying and verifying the identity of beneficial
owners of legal entity customers).
    \28\ Id.
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6(b) \29\ of the Act in general, and
furthers the objectives of Section 6(b)(5) of the Act \30\ in
particular, in that it is designed to prevent fraudulent and
manipulative acts and practices, 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. Specifically,
the Exchange believes the proposed rule change will protect investors,
because it will aid Members in complying with the CDD Rule's
requirement that Members' AML programs include risk-based procedures
for conducting ongoing customer due diligence by also incorporating the
requirement into Exchange Rule 5.6.
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    \29\ 15 U.S.C. 78f.
    \30\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act. The proposed
rule change simply incorporates into Exchange Rule 5.6 the ongoing
customer due diligence element, or ``fifth pillar,'' required for AML
programs by the CDD Rule. Regardless of the proposed rule change, to
the extent that the elements of the fifth pillar are not already
included in Members' AML programs, the CDD Rule requires Members to
update their AML programs to explicitly incorporate them. In addition,
as stated in the CDD Rule, these elements are already implicitly
required for covered financial institutions to comply with their
suspicious activity reporting requirements. Further, all Exchange
Members that have customers are required to be members of FINRA
pursuant to Rule 15b9-1 under the Exchange Act,\31\ and are therefore
already subject to the requirements of FINRA Rule 3310. Additionally,
the proposed rule change is virtually identical \32\ to FINRA Rule
3310. The Exchange is not imposing any additional direct or indirect
burdens on member firms or their customers through this proposal, and
as such, the proposal imposes no new burdens on competition.
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    \31\ 17 CFR 240.15b9-1.
    \32\ The Exchange notes that changes between the proposed Rule
and FINRA Rule 3310 are non-substantive and relate to cross
references.
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C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    Written comments were neither solicited nor received.

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

    Because the foregoing proposed rule change does not:
    A. Significantly affect the protection of investors or the public
interest;
    B. impose any significant burden on competition; and
    C. 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) of the Act \33\ and
Rule 19b-4(f)(6) \34\ thereunder. 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 will institute proceedings to determine whether the proposed
rule change should be approved or disapproved.
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    \33\ 15 U.S.C. 78s(b)(3)(A).
    \34\ 17 CFR 240.19b-4(f)(6).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-CboeEDGX-2019-073 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-CboeEDGX-2019-073. 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-CboeEDGX-2019-073 and should be
submitted on or before January 9, 2020.
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    \35\ 17 CFR 200.30-3(a)(12).

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    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\35\
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2019-27349 Filed 12-18-19; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 234 (Wednesday, December 5, 2012)]
[Notices]
[Page 72432]
[FR Doc No: 2012-29415]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. PE-2012-37]

Petition for Exemption; Summary of Petition Received

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of petition for exemption received.

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SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of 14 CFR. The purpose of this notice is to
improve the public's awareness of, and participation in, this aspect of
FAA's regulatory activities. Neither publication of this notice nor the
inclusion or omission of information in the summary is intended to
affect the legal status of the petition or its final disposition.

DATE: Comments on this petition must identify the petition docket
number and must be received on or before December 26, 2012.

ADDRESSES: You may send comments identified by Docket Number FAA-2012-
0964 using any of the following methods:
     Government-wide rulemaking web site: Go to http://www.regulations.gov and follow the instructions for sending your
comments electronically.
     Mail: Send comments to the Docket Management Facility;
U.S. Department of Transportation, 1200 New Jersey Avenue SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590.
     Fax: Fax comments to the Docket Management Facility at
202-493-2251.
     Hand Delivery: Bring comments to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    Privacy: We will post all comments we receive, without change, to
http://www.regulations.gov, including any personal information you
provide. Using the search function of our docket Web site, anyone can
find and read the comments received into any of our dockets, including
the name of the individual sending the comment (or signing the comment
for an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78).
    Docket: To read background documents or comments received, go to
http://www.regulations.gov at any time or to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Keira Jones<PHONE_NUMBER>, and Tyneka
Thomas (202) 267--7626, Office of Rulemaking, Federal Aviation
Administration, 800 Independence Avenue SW., Washington, DC 20591.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on November 30, 2012.
Lirio Liu,
Acting Director, Office of Rulemaking.

Petition for Exemption

    Docket No.: FAA-2012-0964.
    Petitioner: Ameriflight, LLC.
    Section of 14 CFR Affected: 14 CFR 135.243(c)(2)
    Description of Relief Sought: Ameriflight requests relief to allow
its pilots to serve as pilot in command (PIC) of an aircraft in part
135 cargo operations under instrument flight rules (IFR) without
meeting the minimum flight time requirements.
[FR Doc. 2012-29415 Filed 12-4-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: April 21, 2006 (Volume 71, Number 77)]
[Notices]
[Page 20666-20667]
[DOCID:fr21ap06-56]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2006-0297; FRL-8064-7]

Notice of Filing of Pesticide Petitions for Establishment or
Amendment to Regulations for Residues of Pesticide Chemicals in or on
Various Commodities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces the initial filing of pesticide
petitions proposing the establishment or amendment of regulations for
residues of pesticide chemicals in or on various commodities.

DATES: Comments must be received on or before May 22, 2006.

ADDRESSES:  Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2006-0297, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.

Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502C), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Hand Delivery: OPP Regulatory Public Docket, Environmental
Protection Agency, Rm. 119, Crystal Mall 2, 1801 S. Bell St.,
Arlington, VA. Deliveries are only accepted during the Docket's normal
hours of operation (8:30 a.m. to 4 p.m., Monday through Friday,
excluding legal holidays). Special arrangements should be made for
deliveries of boxed information. The Docket telephone number is (703)
305-5805.
     Important Note: OPP will be moving to a new location the
first week of May 2006. As a result, from Friday, April 28 to Friday,
May 5, 2006, the OPP Regulatory Public Docket will NOT be accepting any
deliveries at the Crystal Mall 2 address and this facility
will be closed to the public. Beginning on May 8, 2006, the OPP
Regulatory Public Docket will reopen at 8:30 a.m. and deliveries will
be accepted in Rm. S-4400, One Potomac Yard (South Building), 2777 S.
Crystal Drive, Arlington, VA 22202. The mail code for the mailing
address will change to (7502P), but will otherwise remain the same. The
OPP Regulatory Public Docket telephone number and hours of operation
will remain the same after the move.
     Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2006-0297. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
http://www.regulations.gov, including any personal information

provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The Federal regulations.gov website is an ``anonymous access''
system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an e-mail comment directly to EPA without going through
regulations.gov, your e-mail address will be automatically captured and
included as part of the comment that is placed in the docket and made
available on the Internet. If you submit an electronic comment, EPA
recommends that you include your name and other contact information in
the body of your comment and with any disk or CD-ROM you submit. If EPA
cannot read your comment due to technical difficulties and cannot
contact you for clarification, EPA may not be able to consider your
comment. Electronic files should avoid the use of special characters,
any form of encryption, and be free of any defects or viruses.
     Docket: All documents in the docket are listed in the docket
index. Although listed in the index, some information is not publicly
available, e.g., CBI or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available in the electronic docket at http://www.regulations.gov, or,

if only available in hard copy, at the OPP Regulatory Public Docket at
the location identified under ``Delivery'' and ``Important Note.'' The
hours of operation for this docket facility are from 8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays. The docket
telephone number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Shaja R. Brothers, Registration
Division (7505C), Office of Pesticide Programs (OPP), Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; phone number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

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

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

     1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
     2. Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.

II. What Action is the Agency Taking?

    EPA is printing a summary of a pesticide petition received under
section 408 of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21
U.S.C. 346a, proposing the establishment or amendment of regulations in
40 CFR part 180 for residues of pesticide chemicals in or on various
food commodities. EPA has determined that this pesticide petition
contains data or information regarding the elements set forth in FFDCA
section 408(d)(2); however, EPA has not fully evaluated the sufficiency
of the submitted data at this time or whether the data support granting
of the pesticide petition. Additional data may be needed before EPA
rules on this pesticide petition.
    Pursuant to 40 CFR 180.7(f), a summary of the petition included in
this notice, prepared by the petitioner along with a description of the
analytical method available for the detection and measurement of the
pesticide chemical residues is available on EPA's Electronic Docket at
http://www.regulations.gov/. To locate this information on the home

page of EPA's Electronic Docket, select ``Quick Search'' and type the
OPP docket ID number. Once the search has located the docket, clicking
on the ``Docket ID'' will bring up a list of all documents in the
docket for the pesticide including the petition summary.

New Tolerance

    PP 6E7027. Interregional Project Number 4, 681 Highway 1 South,
North Brunswick, NJ 08902-3390, proposes to establish tolerances for
residues of the herbicide desmedipham (ethyl-m-hydroxycarbanilate
carbanilate) in or on beets, garden, tops at 1.0 parts per million
(ppm); beets, garden, roots at 0.05 ppm; and spinach at 6.0 ppm.
Analytical methods have been developed and validated for the
determination of desmedipham in or on sugar beet. The method employed
is the same as Method I in Pesticide Analytical Manual (PAM) Vol. II.
Desmedipham is treated with alkali and the hydrolysate is steam
distilled, extracted and brominated in aqueous acid. The resulting
brominated compound is analyzed by gas chromatography equipped with an
electron capture detector (GC-ECD). The method limit of quantitation is
0.1 ppm. In addition, compound specific methods that extracted
desmedipham from sugar beets, cleaned-up with florisil and C18
cartridge, and quantified by HPLC-UV detector have also been developed
and validated. Recently, compound specific methods that extracted and
quantified desmedipham from sugar beets with LC-MS/MS detector have
been developed and validated. The method (LC-MS/MS) limit of
quantitation is 0.05 ppm. Therefore, adequate analytical methodology is
available for enforcement purpose and it allows detection of residues
at or above the proposed tolerances. Enforcement analytical methods for
residues in animal commodities are not needed because tolerances for
animal commodities are not required. This notice includes a summary of
the petition prepared by Bayer CropScience, P.O. Box 12014, 2 T. W.
Alexander Drive, Research Triangle Park, NC 27709.

List of Subjects

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

    Dated: April 11, 2006.
Donald R. Stubbs,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. E6-5957 Filed 4-20-06; 8:45 am]

BILLING CODE 6560-50-S


service'' and subject to the provisions of this subpart applicable to
such vessel.
    Responsible official means one of the following:
    (1) For a corporation: A 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 a duly authorized
representative of such person if the representative is responsible for
the overall operation of one or more manufacturing, production, or
operating facilities applying for or subject to a permit and either:
    (i) The facilities have gross annual sales or expenditures
exceeding $25 million (in second quarter 1980 dollars); or
    (ii) The Administrator is notified in advance of delegation of
authority to such representatives. The Administrator reserves the right
to evaluate such delegation;
    (2) For a partnership or sole proprietorship: A general partner or
the proprietor, respectively. If a general partner is a corporation,
the provisions of paragraph (1) of this definition apply;
    (3) For a municipality, State, Federal, or other public agency:
Either a principal executive officer or ranking elected official. For
the purposes of this part, a principal executive officer of a Federal
agency includes the chief executive officer having responsibility for
the overall operations of a principal geographic unit of the agency
(e.g., a Regional Administrator of EPA); or
    (4) For affected facilities:
    (i) The designated representative in so far as actions, standards,
requirements, or prohibitions under title IV of the Clean Air Act or
the regulations promulgated thereunder are concerned; or
    (ii) The designated representative for any other purposes under
part 60.
    Routed to a process or route to a process means the emissions are
conveyed via a closed vent system to any enclosed portion of a process
where the emissions are predominantly recycled and/or consumed in the
same manner as a material that fulfills the same function in the
process and/or transformed by chemical reaction into materials that are
not regulated materials and/or incorporated into a product; and/or
recovered.
* * * * *
    Separation flowback stage means the period during a well completion
operation when a sufficient volume of gas is present in the flowback to
operate a separator. The separation flowback stage ends when the
production stage begins or when the well is shut in, whichever is
first.
    Storage vessel means a tank or other vessel that contains an
accumulation of crude oil, condensate, intermediate hydrocarbon
liquids, or produced water, and that is constructed primarily of
nonearthen materials (such as wood, concrete, steel, fiberglass, or
plastic) which provide structural support. For the purposes of this
subpart, the following are not considered storage vessels:
    (1) Vessels that are skid-mounted or permanently attached to
something that is mobile (such as trucks, railcars, barges or ships),
and are intended to be located at a site for less than 180 consecutive
days. If you do not keep or are not able to produce records, as
required by Sec.  60.5420(c)(5)(iv), showing that the vessel has been
located at a site for less than 180 consecutive days, the vessel
described herein is considered to be a storage vessel since the
original vessel was first located at the site.
    (2) Process vessels such as surge control vessels, bottoms
receivers or knockout vessels.
    (3) Pressure vessels designed to operate in excess of 204.9
kilopascals and without emissions to the atmosphere.
* * * * *
    Well completion vessel means a vessel that contains flowback during
a well completion operation following hydraulic fracturing or
refracturing. A well completion vessel may be a lined earthen pit, a
storage vessel, or a vessel that is skid-mounted or portable.
* * * * *
[FR Doc. 2014-16576 Filed 7-16-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 86, Number 203 (Monday, October 25, 2021)]
[Notices]
[Pages 58961-58962]
[FR Doc No: 2021-23157]

=======================================================================
-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

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

Extension:
    Form N-5
    SEC File No. 270-172, OMB Control No. 3235-0169

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (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.
    Form N-5 (17 CFR 239.24 and 274.5) is the form used by small
business investment companies (``SBICs'') to register their securities
under the Securities Act of 1933 (15 U.S.C. 77a et seq.) (``Securities
Act'') and the Investment Company Act of 1940 (15 U.S.C. 80a-1 et seq.)
(``Investment Company Act''). Form N-5 is the registration statement
form adopted by the Commission for use by an SBIC that has been
licensed as such under the Small Business Investment Act of 1958 or
which has received the preliminary approval of the Small Business
Administration (``SBA'') and has been notified by the SBA that the
company may submit a license application Form N-5 is an integrated
registration form and may be used as the registration statement under
both the Securities Act and the Investment Company Act. The purpose of
Form N-5 is to meet the filing and disclosure requirements of both the
Securities Act and Investment Company Act, and to provide investors
with information sufficient to evaluate an investment in an SBIC. The
information that is required to be filed with the Commission permits
verification of compliance with securities law requirements and assures
the public availability and dissemination of the information.
    The Commission did not receive any filings on Form N 5 in the last
three years (and in the three years before that, received only one Form
N-5 filing). Nevertheless, for purposes of this PRA, we conservatively
estimate that at least one Form N-5 will be filed in the next three
years, which translates to about 0.333 filings on Form N 5 per year.
The currently approved internal burden of Form N 5 is 352 hours per
response. We continue to believe this estimate for Form N- 5's internal
hour burden is appropriate. Therefore, the number of currently approved
aggregate burden hours, when calculated using the current estimate for
number of filings, is about 117 internal hours per year. The currently
approved external cost burden of Form N-5 is $10,100 per filing. The
requested external cost burden for filing one Form N-5 would be $12,524
per year. This estimated burden is based on the estimated wage rate of
$496/hour, for 25.25 hours, for outside legal services to complete the
form and provide the required hyperlinks.
    Estimates of average burden hours and costs 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. Compliance with the collection of
information requirements of Form N-5 is mandatory. Responses to the
collection of information 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 collection of
information is necessary for the proper performance of the functions of
the Commission, including whether the information has practical
utility; (b) the accuracy of the Commission'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 Cynthia
Roscoe, 100 F Street NE, Washington, DC 20549; or send an email to:
[email protected].

    Dated: October 19, 2021.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-23157 Filed 10-22-21; 8:45 am]
BILLING CODE 8011-01-P


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[Federal Register Volume 80, Number 235 (Tuesday, December 8, 2015)]
[Rules and Regulations]
[Pages 76232-76235]
[FR Doc No: 2015-30487]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R09-OAR-2015-0633; FRL-9939-48-Region 9]

PM10 Plans and Redesignation Request; Truckee Meadows, Nevada;
Deletion of TSP Area Designation

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve two revisions to the Nevada state implementation
plan. The first revision provides a demonstration of implementation of
best available control measures (BACM) for control of particulate
matter with an aerodynamic diameter less than or equal to a nominal ten
micrometers (PM10) within Truckee Meadows. The second
revision is a plan that provides for the maintenance of the national
ambient air quality standard (NAAQS or ``standard'') for
PM10 in Truckee Meadows through 2030, includes an emissions
inventory consistent with attainment, and establishes motor vehicle
emissions budgets. In connection with these approvals, the EPA is
taking final action to determine that major stationary sources of
PM10 precursors do not contribute significantly to elevated
PM10 levels in the area. Also, based in part on the
approvals of the BACM demonstration and maintenance plan and
determination regarding PM10 precursors, the EPA is taking
final action to approve the State of Nevada's request for redesignation
of the Truckee Meadows nonattainment area to attainment for the
PM10 standard. Lastly, the EPA is taking final action to
delete the area designation for Truckee Meadows for the revoked
standard for total suspended particulate (TSP). The EPA is taking these
actions because the SIP revisions meet the applicable statutory and
regulatory requirements for such plans and related motor vehicle
emissions budgets and because the area meets the Clean Air Act
requirements for redesignation of nonattainment areas to attainment.

DATES: This rule is effective on January 7, 2016.

ADDRESSES: The EPA has established a docket for this action under
Docket ID Number EPA-R09-OAR-2015-0633. Generally, documents in the
docket for this action are available electronically at
www.regulations.gov and in hard copy at the EPA Region IX, 75 Hawthorne
Street, San Francisco, California. While all documents in the docket
are listed at www.regulations.gov, some information may be publicly
available only at the hard copy location (e.g., copyrighted material,
large maps), and some may not be publicly available in either location
(e.g., confidential business information or ``CBI''). To inspect the
hard copy materials, please schedule an appointment during normal
business hours with the contact listed in the FOR FURTHER INFORMATION
CONTACT section.

FOR FURTHER INFORMATION CONTACT: John Ungvarsky, Air Planning Office
(AIR-2), U.S. Environmental Protection Agency, Region IX, (415) 972-
3963<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,'' or
``our'' refer to the EPA. This supplementary information section is
arranged as follows:

Table of Contents

I. Proposed Actions
II. Public Comments
III. Final Action
IV. Statutory and Executive Order Reviews

I. Proposed Actions

    On September 30, 2015 (80 FR 58640), under Clean Air Act (CAA or
``Act'') section 110(k)(3), the EPA proposed to approve the BACM-
related portion of the submittal from the Nevada Division of
Environmental Protection (NDEP) dated August 5, 2002 of Revisions to
the Nevada Particulate Matter (PM10) State Implementation Plan for the
Truckee Meadows Air Basin (August 2002) (``2002 PM10
Attainment Plan''), and the submittal from NDEP dated November 7, 2014
of the Redesignation Request and Maintenance Plan for the Truckee
Meadows 24-Hour PM10 Nonattainment Area (August 28, 2014) (``2014
PM10 Maintenance Plan'') as revisions to the Nevada state
implementation plan (SIP). In so doing, we found that the BACM
demonstration in the 2002 PM10 Attainment Plan satisfied the
BACM requirement in CAA section 189(b)(1)(B) and that the 2014
PM10 Maintenance Plan adequately demonstrates that the area
will maintain the PM10 standard for 10 years beyond
redesignation. We also found that that major stationary sources of
PM10 precursors do not contribute significantly to elevated
PM10 levels in the area. In connection with the 2014
PM10 Maintenance Plan, we found that it includes sufficient
contingency provisions to promptly correct any violation of the
PM10 standard which occurs after redesignation and thereby
meets the requirements for maintenance plans under CAA section 175A. We
also proposed to approve the motor vehicle emissions budgets (MVEBs) in
the 2014 PM10 Maintenance Plan because we found they meet
the applicable transportation conformity requirements under 40 CFR
93.118(e).
    In our September 30, 2015 proposed rule, under CAA section
107(d)(3)(D), we proposed to grant NDEP's request to redesignate the
Truckee Meadows PM10 nonattainment area from
``nonattainment'' to ``attainment'' for the PM10 standard.
We proposed to do so based on our conclusion that Truckee Meadows has
attained the PM10 standard; that the relevant portions of
the Nevada SIP are fully approved; that the improvement in air quality
is due to permanent and enforceable emissions reductions; that the
State of Nevada has met all of the requirements applicable to the
Truckee Meadows PM10 nonattainment area with respect to
section 110 and part D of the CAA; and, based on our proposed approval
as described above, that the 2014 PM10 Maintenance Plan
meets the requirements for maintenance plans under section 175A of the
CAA; and that, therefore, the State of Nevada has met the criteria for
redesignation under CAA section 107(d)(3)(E) for the Truckee Meadows
PM10 nonattainment area.
    We also proposed to delete the area designation for Truckee Meadows
for the revoked NAAQS for TSP.
    Please see our September 30, 2015 proposed rule for a detailed
discussion of the background for these actions, and the rationale for
approval of the 2014 PM10 Maintenance Plan, for granting
NDEP's request for redesignation of Truckee Meadows to attainment, and
for deleting the TSP designation for Truckee Meadows.

II. Public Comments

    Our September 30, 2015 proposed rule provided a 30-day public
comment period, which closed on October 30, 2015. We received no
comments on our proposal during this period.

III. Final Action

    Under CAA section 110(k)(3), and for the reasons set forth in our
September 30, 2015 proposed rule, the EPA is taking final action to
approve the BACM demonstration submitted by the NDEP on August 5, 2002
as part of the 2002 Truckee Meadows PM10 Attainment Plan and
the 2014 Truckee Meadows PM10 Maintenance Plan submitted by
the NDEP on November 7, 2014 as revisions of the Nevada SIP. In so
doing, the EPA finds that the 2011 attainment inventory in the
maintenance plan meets the requirements of CAA section 172(c)(3) and
finds that the maintenance demonstration showing how Truckee Meadows
will continue to attain the PM10 standard through 2030, and
the contingency provisions describing the actions that the Washoe
County Health District's Air Quality Management Division (``WCAQMD'')
will take in the event of a future monitored violation, meet all
applicable requirements for maintenance plans and related contingency
provisions in CAA section 175A. The EPA is also approving the following
MVEBs in the 2014 PM10 Maintenance Plan because we find they
meet the applicable adequacy criteria under 40 CFR 93.118(e):

 2014 PM[ihel1][ihel0] Maintenance Plan Motor Vehicle Emissions Budgets
                      [Average winter day, lbs/day]
------------------------------------------------------------------------
                      Budget year                       PM[ihel1][ihel0]
------------------------------------------------------------------------
2015..................................................            5,638
2020..................................................            6,088
2025..................................................            6,473
2030..................................................            6,927
------------------------------------------------------------------------
Source: 2014 PM10 Maintenance Plan at table 6-6, page 28.

    In addition, under CAA section 107(d)(3)(D), we are approving the
State's request, which accompanied the submittal of the 2014
PM10 Maintenance Plan, to redesignate the Truckee Meadows
PM10 nonattainment area to attainment for the
PM10 standard. We are doing so based on our conclusion that
the area has met, or will meet as part of this action, all of the
criteria for redesignation under CAA section 107(d)(3)(E). More
specifically, we find that Truckee Meadows has attained the
PM10 standard based on the most recent three-year period
(2012-2014) of quality-assured, certified, and complete (or otherwise
validated) PM10 data; that relevant portions of the Nevada
SIP are fully approved; that the improvement in air quality is due to
permanent and enforceable reductions in emissions; that Nevada has met
all requirements applicable to the Truckee Meadows PM10
nonattainment area with respect to section 110 and part D of the CAA;
and that Truckee Meadows has a fully approved maintenance plan meeting
the requirements of CAA section 175A.
    In connection with the above approvals and determinations, and as
authorized under CAA section 189(e), we are determining that major
stationary sources of PM10 precursors do not contribute
significantly to PM10 exceedances in the Truckee Meadows
nonattainment area.
    Lastly, the EPA is taking final action to delete the area
designation for Truckee Meadows for the revoked national standard for
TSP because the designation is no longer necessary.

IV. Statutory and Executive Order Reviews

    Under the CAA, redesignation of an area to attainment and the
accompanying approval of a maintenance plan under section 107(d)(3)(E)
are actions that affect the status of a geographical area and do not
impose any additional regulatory requirements on sources beyond those
imposed by State law. Redesignation to attainment does not in and of
itself create any new requirements, but rather results in the
applicability of

requirements contained in the CAA for areas that have been redesignated
to attainment. Moreover, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve State choices,
provided that they meet the criteria of the Clean Air Act. Accordingly,
these actions merely approve a State plan and redesignation request as
meeting Federal requirements and do not impose additional requirements
beyond those by State law. For these reasons, these actions:
     Are not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993) and Executive Order 13563 (76 FR
3821, January 21, 2011);
     Do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Are certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Do not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Do not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Are not an economically significant regulatory action
based on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Are not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Are not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Do not provide the EPA with the discretionary authority to
address disproportionate human health or environmental effects with
practical, appropriate, and legally permissible methods under Executive
Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the State plan that the EPA is approving does not
apply on any Indian reservation land or in any other area where the EPA
or an Indian tribe has demonstrated that a tribe has jurisdiction. In
those areas of Indian country, the rule, as it relates to the
maintenance plan, does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
However, prior to its September 30, 2015 proposal, the EPA offered to
consult with representatives of the Reno-Sparks Indian Colony, which
consists of members of three Great Basin Tribes--the Paiute, the
Shoshone, and the Washo--and which has Indian country within the
Truckee Meadows air quality planning area because the Indian country
within the Truckee Meadows area is being redesignated to attainment
along with State lands. The Reno-Sparks Indian Colony did not respond
to the EPA's offer to consult.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by February 8, 2016. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2)).

List of Subjects

40 CFR Part 52

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

40 CFR Part 81

    Environmental protection, Air pollution control, National parks,
Wilderness areas.

    Dated: November 16, 2015.
Jared Blumenfeld,
Regional Administrator, Region IX.

    Chapter I, title 40 of the Code of Federal Regulations is amended
as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for Part 52 continues to read as follows:

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

Subpart DD--Nevada

0
2. Section 52.1470 is amended by adding in paragraph (e), under the
table heading ``Air Quality Implementation Plan for the State of
Nevada'' an entry for ``Revisions to the Nevada Particulate Matter
(PM10) State Implementation Plan for the Truckee Meadows Air
Basin (August 2002), Section V; Section VI, Table 4; and Appendix B,
Tables 1-2 and 1-3 only'' and an entry for ``Redesignation Request and
Maintenance Plan for the Truckee Meadows 24-Hour PM10
Nonattainment Area (August 28, 2014)'' after the entry for ``State
Implementation Plan for a Basic Program for the Inspection and
Maintenance of Motor Vehicles for the Truckee Meadows Planning Area,
Nevada (June 1994), including the cover page through page 9, appendix
1, appendix 2 (only the certification of compliance and Nevada attorney
general's opinion), and appendices 3, 6, 8, and 10.''
    The added text reads as follows:

Sec.  52.1470  Identification of plan.

* * * * *
    (e) * * *

                   EPA-Approved Nevada Nonregulatory Provisions and Quasi-Regulatory Measures
----------------------------------------------------------------------------------------------------------------
                                     Applicable
                                    geographic or         State
     Name of SIP provision          nonattainment    submittal date   EPA Approval date        Explanation
                                        area
----------------------------------------------------------------------------------------------------------------
                           Air Quality Implementation Plan for the State of Nevada \1\
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Revisions to the Nevada          Truckee Meadows,            8/5/02  [INSERT Federal     Approval of the portion
 Particulate Matter (PM10)        Washoe County.                      Register            of the 2002 PM10
 State Implementation Plan for                                        CITATION], 12/8/    Attainment Plan that
 the Truckee Meadows Air Basin                                        15.                 demonstrates
 (August 2002), Section V;                                                                implementation of best
 Section VI, Table 4; and                                                                 available control
 Appendix B, Tables 1-2 and 1-3                                                           measures in compliance
 only.                                                                                with section
                                                                                189(b)(1)(B) of the
                                                                                Clean Air Act.
Redesignation Request and        Truckee Meadows,           11/7/14  [INSERT Federal     .......................
 Maintenance Plan for the         Washoe County.                      Register
 Truckee Meadows 24-Hour PM10                                         CITATION], 12/8/
 Nonattainment Area (August 28,                                       15.
 2014).

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
 * * * * * * *
\1\ The organization of this table generally follows from the organization of the State of Nevada's original
  1972 SIP, which was divided into 12 sections. Nonattainment and maintenance plans, among other types of plans,
  are listed under Section 5 (Control Strategy). Lead SIPs and Small Business Stationary Source Technical and
  Environmental Compliance Assistance SIPs are listed after Section 12 followed by nonregulatory or quasi-
  regulatory statutory provisions approved into the SIP. Regulatory statutory provisions are listed in 40 CFR
  52.1470(c).

Sec.  52.1476  [Amended]

0
3. Section 52.1476 is amended by removing and reserving paragraph (a).

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
4. The authority citation for part 81 continues to read as follows:

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

Subpart C--Section 107 Attainment Status Designations

0
5. Section 81.329 is amended by:
0
a. Removing the table titled ``Nevada--TSP''; and
0
b. Revising in the table under ``Nevada--PM-10,'' the entry for
``Washoe County'' to read as follows:

Sec.  81.329  Nevada.

* * * * *

                                                  Nevada--PM-10
----------------------------------------------------------------------------------------------------------------
                                                     Designation                         Classification
           Designated area           ---------------------------------------------------------------------------
                                            Date                 Type                 Date             Type
----------------------------------------------------------------------------------------------------------------
Washoe County:
    Reno planning area..............          1/7/16   Attainment.............
    Hydrographic area 87              ...............

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2015-30487 Filed 12-7-15; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 189 (Thursday, September 29, 2011)]
[Notices]
[Pages 60503-60504]
[FR Doc No: 2011-25115]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2011-D-0023]

Guidance for Industry on Target Animal Safety and Effectiveness
Protocol Development and Submission; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing the
availability of a guidance for industry (215) entitled
``Target Animal Safety and Effectiveness Protocol Development and
Submission.'' The purpose of this document is to provide sponsors
guidance in preparation of study protocols for review by the Center for
Veterinary Medicine, Office of New Animal Drug Evaluation. The
recommendations included in this guidance are intended to reduce the
time to protocol concurrence.

DATES: Submit either electronic or written comments on Agency guidances
at any time.

ADDRESSES: Submit written requests for single copies of the guidance to
the Communications Staff (HFV-12), Center for Veterinary Medicine, Food
and Drug Administration, 7519 Standish Pl., Rockville, MD 20855. Send
one self-addressed adhesive label to assist that office in processing
your requests. See the SUPPLEMENTARY INFORMATION section for electronic
access to the guidance document.
    Submit electronic comments on the guidance to http://www.regulations.gov. Submit written comments to the Division of Dockets
Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane,
rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Angela Clarke, Center for Veterinary
Medicine (HFV-112), Food and Drug Administration, 7500 Standish Pl.,
Rockville, MD 20855,<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    In the Federal Register of February 3, 2011 (76 FR 6143), FDA
published the notice of availability for a draft guidance entitled
``Target Animal Safety and Effectiveness Protocol Development and
Submission,'' giving interested persons until April 19, 2011, to
comment on the draft guidance. FDA received one comment on the draft
guidance and that comment was considered as the guidance was finalized.
Changes include editorial revisions to improve clarity regarding how
and when data collection forms and standard operating procedures should
be included with the protocol submission. The guidance announced in
this notice finalizes the draft guidance dated February 2, 2011.

II. Significance of Guidance

    This level 1 guidance is being issued consistent with FDA's good
guidance practices regulation (21 CFR 10.115). The guidance represents
the Agency's current thinking on the topic. It does not create or
confer any rights for or on any person and does not operate to bind FDA
or the public. An alternative approach may be used if such approach
satisfies the requirements of the applicable statutes and regulations.

III. Paperwork Reduction Act of 1995

    This guidance refers to previously approved collections of
information found in FDA regulations. These collections of information
are subject to review by the Office of Management and Budget (OMB)
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The
collections of information in this guidance have been approved under
OMB control no. 0910-0032.

IV. Comments

    Interested persons may submit to the Division of Dockets Management
(see ADDRESSES) either electronic or written comments regarding this
document. It is only necessary to send one set of comments. It is no
longer necessary to send two copies of mailed comments. Identify
comments with the docket number found in brackets in the heading of
this document. Received comments may be seen in the Division of Dockets
Management between 9 a.m. and 4 p.m., Monday through Friday.

V. Electronic Access

    Persons with access to the Internet may obtain the guidance at
either http://www.fda.gov/AnimalVeterinary/GuidanceComplianceEnforcement/GuidanceforIndustry/default.htm or http://www.regulations.gov.

    Dated: September 26, 2011.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2011-25115 Filed 9-28-11; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register: March 18, 2009 (Volume 74, Number 51)]
[Notices]
[Page 11536-11538]
[DOCID:fr18mr09-42]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Sunshine Act Meeting Notice

March 12, 2009.
    The following notice of meeting is published pursuant to section
3(a) of the government in the Sunshine Act (Pub. L. No. 94-409), 5
U.S.C. 552b:

Agency Holding Meeting: Federal Energy Regulatory Commission.

Date and Time: March 19, 2009. 10 a.m.

Place: Room 2C, 888 First Street, NE., Washington, DC 20426.

Status: Open.

Matters to be Considered: Agenda.

    * Note-- Items listed on the agenda may be deleted without
further notice.

Contact Person for More Information: Kimberly D. Bose, Secretary,
Telephone<PHONE_NUMBER>.
    For a recorded message listing items struck from or added to the
meeting, call<PHONE_NUMBER>.
    This is a list of matters to be considered by the Commission. It
does not include a listing of all documents relevant to the items on
the agenda. All public documents, however, may be viewed on line at the
Commission's Web site at http://www.ferc.gov using the eLibrary link,
or may be examined in the Commission's Public Reference Room.

                                                 946th--Meeting
----------------------------------------------------------------------------------------------------------------
        Item No.                     Docket No.                                    Company
----------------------------------------------------------------------------------------------------------------
                                                 Administrative
----------------------------------------------------------------------------------------------------------------
A-1.....................  AD02-1-000......................  Agency Administrative Matters.
A-2.....................  AD02-7-000......................  Customer Matters, Reliability, Security and Market
                                                             Operations.
----------------------------------------------------------------------------------------------------------------
                                                    Electric
----------------------------------------------------------------------------------------------------------------
E-1.....................  OMITTED.
E-2.....................  OMITTED.
E-3.....................  RM05-17-004, RM05-25-004........  Preventing Undue Discrimination and Preference in
                                                             Transmission Service.
E-4.....................  RM05-5-013......................  Standards for Business Practices and Communication
                                                             Protocols for Public Utilities.
E-5.....................  RM08-19-000, RM09-5-000, RM06-16- Mandatory Reliability Standards for the Calculation
                           005.                              of Available Transfer Capability, Capacity Benefit
                                                             Margins, Transmission Reliability Margins, Total
                                                             Transfer Capability, and Existing Transmission
                                                             Commitments and Mandatory Reliability Standards for
                                                             the Bulk-Power System.
E-6.....................  RM06-22-000.....................  Mandatory Reliability Standards for Critical
                                                             Infrastructure Protection.
E-7.....................  OMITTED.
E-8.....................  RM06-8-002......................  Long-Term Firm Transmission Rights in Organized
                                                             Electricity Markets.
E-9.....................  RM08-11-000.....................  Version Two Facilities Design, Connections and
                                                             Maintenance Reliability Standards.
E-10....................  EL03-180-035....................  Enron Power Marketing, Inc. and Enron Energy
                                                             Services, Inc.
                          EL03-154-028....................  Enron Power Marketing, Inc. and Enron Energy
                                                             Services, Inc.
                          EL02-114-029....................  Portland General Electric Company.
                          EL02-115-033....................  Enron Power Marketing, Inc.
                          EL02-113-031....................  El Paso Electric Company, Enron Power Marketing,
                                                             Inc., Enron Capital and Trade Resource Corp.
E-11....................  EC08-111-000....................  Franklin Resources, Inc. and its Investment
                                                             Management Subsidiaries and Applicant Funds.
E-12....................  OMITTED.
E-13....................  ER08-1569-001...................  PJM Interconnection, L.L.C.
E-14....................  ER08-1065-001...................  PJM Interconnection, L.L.C.
E-15....................  OA08-5-003......................  Southwest Power Pool, Inc.
E-16....................  OA08-5-001, OA08-5-002..........  Southwest Power Pool, Inc.
E-17....................  EL06-80-004.....................  Michigan Public Power Agency v. Midwest Independent
                                                             Transmission System Operator, Inc.
E-18....................  EL00-95-000, EL00-98-000........  San Diego Gas & Electric Company v. Sellers of
                                                             Energy and Ancillary Services Into Markets Operated
                                                             by the California Independent System Operator
                                                             Corporation and the California Power Exchange
                                                             Corporation, Investigation of Practices of the
                                                             California Independent System Operator Corporation
                                                             and California Power Exchange Corporation.

E-19....................  ER07-869-003, ER07-475-004, ER06- California Independent System Operator Corporation.
                           615-029.
E-20....................  EL03-152-007....................  Duke Energy Trading and Marketing, L.L.C.
                          EL03-141-005, EL03-141-006......  Bonneville Power Administration.
                          EL03-143-004....................  California Power Exchange.
                          EL03-144-004....................  Cargill-Alliant, L.L.C.
                          EL03-145-005....................  City of Anaheim, California.
                          EL03-146-006....................  City of Azusa, California.
                          EL03-147-007....................  City of Glendale, California.
                          EL03-148-004....................  City of Pasadena, California.
                          EL03-150-006....................  City of Riverside, California.
                          EL03-151-007....................  Coral Power, L.L.C.
                          EL03-153-007....................  Dynegy Power Marketing, Inc., Dynegy Power
                                                             Corporation, El Segundo Power L.L.C., Long Beach
                                                             Generation L.L.C., Cabrillo Power I, L.L.C., and
                                                             Cabrillo Power II, L.L.C.
                          EL03-154-029....................  Enron Power Marketing, Inc. and Enron Energy
                                                             Services, Inc.
                          EL03-155-004....................  FP&L Energy.
                          EL03-157-005....................  Los Angeles Department of Water and Power.
                          EL03-161-004....................  Northern California Power Agency.
                          EL03-164-004....................  PGE Energy Services.
                          EL03-167-006....................  Public Service Company of Colorado.
                          EL03-168-005, EL03-168-006......  Public Service Company of New Mexico.
                          EL03-171-004, EL03-171-005......  Salt River Project Agricultural Improvement and
                                                             Power District.
                          EL03-174-004....................  Sierra Pacific Power Company.
                          EL03-176-005....................  TransAlta Energy Marketing (U.S.), Inc. and
                                                             TransAlta Energy Marketing (California), Inc.
                          EL03-177-005, EL03-177-006......  Tucson Electric Power Company.
                          EL03-178-004, EL03-178-005......  Western Area Power Administration.
                          EL03-137-010....................  American Electric Power Services Corporation.
                          EL03-138-009....................  Aquila Merchant Services, Inc.
                          EL03-139-007, EL03-139-008......  Arizona Public Service, Inc.
                          EL03-140-004, EL03-140-005......  Automated Power Exchange, Inc.
                          EL03-142-004....................  California Department of Water Resources.
                          EL03-149-006....................  City of Redding, California.
                          EL03-156-007....................  Idaho Power Company.
                          EL03-158-007....................  Mirant Americas Energy Marketing, L.P., Mirant
                                                             California, L.L.C., Mirant Delta, L.L.C. and Mirant
                                                             Potrero, L.L.C.
                          EL03-159-007....................  Modesto Irrigation District.
                          EL03-160-006....................  Morgan Stanley Capital Group.
                          EL03-162-003, EL03-162-004......  Pacific Gas and Electric Company.
                          EL03-163-006....................  PacifiCorp.
                          EL03-165-009, EL03-165-010......  Portland General Electric Company.
                          EL03-166-008....................  Powerex Corporation (f/k/a British Columbia Power
                                                             Exchange Corporation).
                          EL03-169-006, EL03-169-007......  Puget Sound Energy, Inc.
                          EL03-170-007....................  Reliant Resources, Inc. Reliant Energy Power
                                                             Generation, and Reliant Energy Services, Inc.
                          EL03-172-004, EL03-172-005......  San Diego Gas & Electric Company.
                          EL03-173-007....................  Sempra Energy Trading Corporation.
                          EL03-175-004, EL03-175-005......  Southern California Edison Company.
                          EL03-179-008....................  Williams Energy Services Corporation.
                          EL03-180-039....................  Enron Power Marketing, Inc. and Enron Energy
                                                             Services, Inc.
                          EL03-181-010....................  Aquila, Inc.
                          EL03-182-009....................  City of Glendale, California.
                          EL03-183-005....................  City of Redding, California.
                          EL03-184-006....................  Colorado River Commission.
                          EL03-185-006....................  Constellation Power Source, Inc.
                          EL03-186-008....................  Coral Power, L.L.C.
                          EL03-187-008....................  El Paso Merchant Energy, L.P.
                          EL03-188-007....................  Eugene Water and Electricity Board.
                          EL03-189-009....................  Idaho Power Company.
                          EL03-190-006....................  Koch Energy Trading, Inc.
                          EL03-191-005....................  Las Vegas Cogeneration, L.P.
                          EL03-192-006....................  MIECO.
                          EL03-193-008....................  Modesto Irrigation District.
                          EL03-194-005....................  Montana Power Company.
                          EL03-195-007....................  Morgan Stanley Capital Group.
                          EL03-196-008....................  Northern California Power Agency.
                          EL03-197-009....................  PacifiCorp.
                          EL03-198-006....................  PEPCO.
                          EL03-199-008....................  Powerex Corporation (f/k/a British Columbia Power
                                                             Exchange Corporation).
                          EL03-200-008, EL03-200-009......  Public Service Company of New Mexico.
                          EL03-201-009....................  Sempra Energy Trading Corporation.

                          EL03-202-007....................  TransAlta Energy Marketing (U.S.), Inc. and
                                                             TransAlta Energy Marketing (California), Inc.
                          EL03-203-005....................  Valley Electric Association, Inc.
                          EL02-114-030....................  Portland General Electric Company.
                          EL02-115-034....................  Enron Power Marketing, Inc.
E-21....................  RM08-7-000, RM08-7-001..........  Modification of Interchange and Transmission Loading
                                                             Relief Reliability Standards; and Electric
                                                             Reliability Organization Interpretation of Specific
                                                             Requirements of Four Reliability Standards.
E-22....................  PL09-4-000......................  Smart Grid Policy.
----------------------------------------------------------------------------------------------------------------
                                                       Gas
----------------------------------------------------------------------------------------------------------------
G-1.....................  RP09-3-000, P09-7-000, RP09-7-    Texas Gas Transmission, LLC.
                           001, RP09-7-002.
G-2.....................  RP08-426-000....................  El Paso Natural Gas Company.
G-3.....................  OMITTED.
----------------------------------------------------------------------------------------------------------------
                                                      Hydro
----------------------------------------------------------------------------------------------------------------
H-1.....................  P-13164-001.....................  Bangor Water District.
H-2.....................  P-2082-053......................  PacifiCorp.
----------------------------------------------------------------------------------------------------------------
                                                  Certificates
----------------------------------------------------------------------------------------------------------------
C-1.....................  CP08-431-000....................  Columbia Gas Transmission Corporation.
C-2.....................  CP05-130-000, CP05-130-001, CP05- Dominion Cove Point, LNG., LP.
                           130-002, CP05-130-003, CP05-130-
                           005, CP05-132-000, CP05-132-
                           001, CP05-132-002, CP05-132-
                           004, CP05-395-000, CP05-395-
                           001, CP05-395-004.
                          CP05-131-000, CP05-131-001, CP05- Dominion Transmission, Inc.
                           131-002, CP05-131-004.
C-3.....................  CP08-104-000....................  Southern Natural Gas Company.
C-4.....................  CP08-441-000....................  CenterPoint Energy Gas Transmission Company.
                          CP08-444-000....................  Texas Eastern Transmission, LP.
C-5.....................  OMITTED.
C-6.....................  CP09-1-000......................  Collbran Valley Gas Gathering, LLC.
C-7.....................  CP09-19-000.....................  Port Barre Investments, L.L.C. d/b/a/ Bobcat Gas
                                                             Storage.
C-8.....................  CP06-398-001....................  MoBay Storage Hub, LLC.
----------------------------------------------------------------------------------------------------------------

Kimberly D. Bose,
Secretary.
    A free Web cast of this event is available through http://
www.ferc.gov. Anyone with Internet access who desires to view this
event can do so by navigating to http://www.ferc.gov's Calendar of
Events and locating this event in the Calendar. The event will contain
a link to its Web cast. The Capitol Connection provides technical
support for the free Web casts. It also offers access to this event via
television in the DC area and via phone bridge for a fee. If you have
any questions, visit http://www.CapitolConnection.org or contact
Danelle Springer or David Reininger at<PHONE_NUMBER>.
    Immediately following the conclusion of the Commission Meeting, a
press briefing will be held in the Commission Meeting Room. Members of
the public may view this briefing in the designated overflow room. This
statement is intended to notify the public that the press briefings
that follow Commission meetings may now be viewed remotely at
Commission headquarters, but will not be telecast through the Capitol
Connection service.
 [FR Doc. E9-5770 Filed 3-17-09; 8:45 am]

BILLING CODE 6717-01-P