[Federal Register: October 17, 2006 (Volume 71, Number 200)]
[Notices]
[Page 61112-61115]
[DOCID:fr17oc06-140]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54585; File No. SR-NASD-2005-101]

Self-Regulatory Organizations; National Association of Securities
Dealers, Inc.; Order Approving Proposed Rule Change and Notice of
Filing and Order Granting Accelerated Approval to Amendment No. 1
Thereto Relating to Expansion of OATS Reporting Requirements to OTC
Equity Securities

October 10, 2006.

I. Introduction

    On August 25, 2005, the National Association of Securities Dealers,
Inc. (``NASD'') filed with the Securities and Exchange Commission
(``Commission'') pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ the
proposed rule change relating to expansion of the Order Audit Trail
System (``OATS'') reporting requirements to OTC equity securities. The
proposed rule change was published for comment in the Federal Register
on October 18, 2005.\3\ The Commission received three comment letters
on the proposal.\4\ NASD filed Partial Amendment No. 1 to the proposed
rule change on September 21, 2006 (``Amendment No. 1'').\5\ This order
approves the proposed rule change, grants accelerated approval to
Amendment No. 1, and solicits

comments from interested persons on Amendment No. 1.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(l).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 52581 (October 11,
2006), 70 FR 60592 (the ``Notice'').
    \4\ Two comment letters were specific to this proposal. See
letters to Jonathan G. Katz, Secretary, Commission, from John
Polanin Jr., Chair, SIA Self-Regulation and Supervisory Practices
Committee, dated December 2, 2005 (``SIA Letter'') and from Phylis
M. Esposito, Executive Vice President, Chief Strategy Officer,
Ameritrade, Inc., dated November 8, 2005 (``Ameritrade Letter'').
One comment letter expressed general opposition to OATS. See letter
filed via the Commission's Web Comment Form, from Rich Bertematti,
dated September 7, 2006 (``Bertematti Letter''). In addition, NASD
received comment letters about the proposed rule change following
publication in NASD's Notice to Members 04-80 (November 2004). NASD
addressed those comment letters in the Notice.
    \5\ In Amendment No. 1, NASD proposes to (1) amend NASD Rule
6955(b)(2) to clarify that members will not be required to comply
with OATS reporting obligations with respect to an OTC equity
security until a symbol has been assigned to the security; (2)
exclude direct participation programs (``DPPs'') from the proposed
definition of ``OTC equity security;'' (3) extend the implementation
period; and (4) make technical changes necessary in light of the
commencement of The NASDAQ Stock Market LLC (``Nasdaq'') as a
national securities exchange. NASD also responded to comment letters
received.
---------------------------------------------------------------------------

II. Description of the Proposed Rule Change

    NASD Rules 6950 through 6957 impose obligations on member firms to
record in electronic form and report to NASD on a daily basis certain
information with respect to orders originated, received, transmitted,
modified, canceled or executed by NASD members relating to equity
securities listed and traded on Nasdaq. OATS captures this order
information and integrates it with quote and transaction information to
create a time-sequenced record of orders, quotes and transactions. NASD
believes this information is critical to its conducting surveillance
and investigations of member firms for violations of NASD rules and
Federal securities laws.
    To enhance the effectiveness of OATS as a regulatory tool, NASD
proposes to amend NASD Rules 6951, 6952, and 6955 to require members to
record and report to OATS order information relating to OTC equity
securities.\6\ Currently, the OATS requirements do not apply to OTC
equity securities and as a result, NASD is unable to recreate, on an
automated basis, an order and transaction audit trail for these
securities. NASD believes that expanding OATS requirements to these
securities would enhance its ability to review and examine for member
compliance with certain trading rules, including, but not limited to,
NASD's rules governing best execution and interpositioning,\7\ limit
order protection,\8\ and offers at stated prices.\9\
---------------------------------------------------------------------------

    \6\ NASD proposes to define ``OTC equity security'' as any
equity security that: (1) Is not listed on a national securities
exchange; or (2) is listed on one or more regional stock exchanges
and does not qualify for dissemination of transaction reports via
the facilities of the Consolidated Tape.
    \7\ NASD Rule 2320.
    \8\ NASD Rule 6541.
    \9\ NASD Rule 3320.
---------------------------------------------------------------------------

    In addition, NASD proposes two technical changes that are necessary
given the commencement of Nasdaq as a national securities exchange.

III. Summary of Comments

    The Commission received comment letters in response to the
publication of the notice in the Federal Register.\10\ The primary
issues two of the commenters raised concern the scope of a member's
obligations to record and report OATS information relating to OTC
equity securities and the timing of the proposed rule change.
---------------------------------------------------------------------------

    \10\ See supra, note 4.
---------------------------------------------------------------------------

A. Scope of a Member's OATS Obligations Relating to OTC Equity
Securities

1. Comments Relating to the Issuance of a Security Symbol
    One of the commenters requested clarification of the definition and
scope of ``OTC equity security'' and suggested that the appropriate
scope of OATS reporting should include only those securities currently
subject to Automated Confirmation Transaction (``ACT'') Service
reporting requirements.\11\ NASD responded that it does not believe
that the scope of the proposed definition of ``OTC equity security''
should be limited as suggested by this commenter and stated that, as
originally proposed, members should be required to record and report
OATS information for all OTC equity securities. However, to address the
situation where an OTC equity security does not have a symbol assigned
to it at the time an OATS order event occurs, NASD proposed a
clarifying change in Amendment No. 1 whereby, pursuant to NASD Rule
6955(b)(2), members would not be required to comply with their OATS
reporting obligations with respect to an OTC equity security until a
symbol has been assigned to that security.\12\ NASD explained that
members would still have an obligation to immediately record all other
applicable OATS information in accordance with the provisions of NASD
Rule 6954, irrespective of whether the security has a symbol assigned
to it at the time the order is originated or received.\13\ NASD
represented to the Commission that it would detail these obligations
under NASD Rules 6954 and 6955 in a Notice to Members and the revised
OATS Technical Specifications,\14\ both of which NASD will publish
following this approval of the proposed rule change.
---------------------------------------------------------------------------

    \11\ See SIA Letter, supra note 4, at 4.
    \12\ In proposing this exception from the reporting obligations,
NASD emphasized that members should be diligent in their efforts to
obtain a symbol, as necessary, for securities they wish to trade so
that they can comply with their trade reporting obligations under
NASD Rule 6620. NASD Rule 6620(c)(1) requires that each trade report
include the symbol of the OTC equity security; trade reports that do
not contain this information are rejected by the system. In
addition, NASD noted that members have an obligation to report
trades within ninety seconds of execution or on a next-day basis, as
applicable under Rule 6620(a).
    \13\ NASD stated that it does not believe that members should
face any technological difficulties in recording OATS information
for an OTC equity security that does not have a symbol assigned to
it, but the extended implementation period should allow sufficient
time to address any such problems.
    \14\ NASD states that since OATS Phase III has been implemented,
it does not expect any significant changes to the OATS Technical
Specifications as a result of this proposed rule change. NASD
anticipates that the only such change would be expansion of the list
of securities that are OATS reportable.
---------------------------------------------------------------------------

2. Comments Relating to DPPs
    One commenter stated that DPPs should not be OATS reportable
because they are ``effectively subscriptions, not trades'' and sold
through a process that is not captured in automated systems within the
firm.\15\ Additionally, this commenter stated that the volume for these
securities is low, and OATS reporting may discourage the sale of such
products.\16\ In response to the concerns raised by this commenter,
NASD proposed in Amendment No. 1 to exclude DPPs from the definition of
``OTC equity security.'' NASD stated, however, that it would continue
to monitor member activities relating to DPPs and may determine, at a
later date, that applying OATS requirements to DPPs is appropriate. If
that situation arises, NASD represented that it would submit a proposed
rule change.
---------------------------------------------------------------------------

    \15\ See SIA Letter, supra note 4, at 4-5.
    \16\ Id.
---------------------------------------------------------------------------

3. Additional Comments
    One commenter stated that members should not be required to
identify the type of security (e.g., Nasdaq, OTCBB, Pink Sheets) in
OATS reports and suggested that NASD provide a list of all OATS
reportable securities, so that members do not have to rely on third
party vendors for this information.\17\ NASD responded that it will not
require at this time that members identify the type of security as part
of their OATS obligations. In addition, NASD stated it would provide a
list of OTC equity securities that are subject to the OATS requirements
on the OATS Web site.\18\
---------------------------------------------------------------------------

    \17\ See Ameritrade Letter, supra note 4, at 2.
    \18\ This list can currently be found under the Symbol Directory
at http://www.nasdaqtrader.com/trader/symboldirectory/symbol.stm.

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

    This same commenter also suggested that OATS should be capable of
recognizing stocks that have had symbol changes and suggested that
using the CUSIP number instead of the security symbol may be
appropriate.\19\ NASD responded by stating that a change to CUSIP
number rather than security symbol would be costly and burdensome and
is unnecessary because NASD's OATS system is able to track symbol
changes (e.g., where an ``E'' is appended to the symbol of an OTCBB
issuer that is delinquent in its SEC filings).
---------------------------------------------------------------------------

    \19\ See Ameritrade Letter, supra note 4, at 2.
---------------------------------------------------------------------------

    One commenter stated that it understands OATS reporting is not
required for OTC options, derivatives or

swaps, and with respect to foreign securities, trades effected by NASD
members in the U.S. would be reportable, while trades effected by a
foreign affiliate of a member would not be reportable.\20\ NASD
confirmed that the commenter's understanding relating to the proposed
OATS reporting requirements on this point is correct. NASD stated that,
in addition, with respect to non-member foreign affiliates of members,
OATS obligations do not apply, provided that the order is never
received or held by the member, for example, where the order originates
with a foreign affiliate and is not routed to the member. NASD
clarified that, with respect to orders received by members for foreign
securities that otherwise meet the definition of an OTC equity
security, members would have an OATS obligation, irrespective of
whether the order is ultimately effected inside or outside the United
States. If, for example, a member receives an order in a foreign
security and routes that order to a foreign exchange for handling and
execution, the member would need to record and report to OATS the
receipt of that order and the route to the foreign exchange.
---------------------------------------------------------------------------

    \20\ See SIA Letter, supra note 4, at 4. This commenter also
suggested that NASD exclude from the requirements of Rule 6620
transactions executed on a foreign exchange that is an ``affiliate
member'' of the Intermarket Surveillance Group. Id. NASD has stated
that Rule 6620 is not at issue in this rule filing.
---------------------------------------------------------------------------

    Finally, this commenter also stated that an audit trail is not
necessary for all markets and that NASD should be required to make the
case that the accretive value of an order audit trail to the
surveillance of the OTC market outweighs the imposition of additional
costs and burdens on member firms.\21\ NASD responded that it does not
agree that it has to meet that standard and, rather, that the standards
it must satisfy in any proposed rule change are set forth in Sections
15A \22\ and 19(b) of the Act.\23\ NASD believes it has made the
requisite showing. NASD also responded that while it recognizes that
the proposed rule change may impose additional costs and burdens on
member firms, OATS reporting of OTC equity securities is important to
NASD's surveillance systems and regulatory program. In recognition of
the potential additional burden on members, however, as discussed in
greater detail below, NASD proposed to extend the implementation period
of the proposed rule change.
---------------------------------------------------------------------------

    \21\ See SIA Letter, supra note 4, at 4.
    \22\ 15 U.S.C. 78o-3.
    \23\ 15 U.S.C. 78s(b).
---------------------------------------------------------------------------

B. Timing of Proposed Rule Change

    One commenter stated that NASD should allow a minimum of six months
for implementation of the changes necessary for OATS reporting of OTC
equity securities.\24\ Another commenter stated that OATS for OTC
equity securities should not be implemented until the industry can
properly devote the personnel and technical resources necessary to
achieve compliance.\25\ This commenter also stated that OTC markets are
manual by nature, and expanding OATS reporting to OTC equity securities
at this time could render obsolete all of the work that has been put
into production for OATS Phase III compliance.\26\
---------------------------------------------------------------------------

    \24\ See Ameritrade Letter, supra note 4, at 2.
    \25\ See SIA Letter, supra note 4, at 2.
    \26\ See SIA Letter, supra note 4, at 3.
---------------------------------------------------------------------------

    NASD responded that while it does not agree that the proposed
expansion of OATS reporting to OTC equity securities would have a
negative impact on the work done relating to OATS Phase III, it does
acknowledge the technological burdens that may be imposed on members as
a result of this proposal, as well as the fact that members have a
number of regulatory initiatives requiring technological and system
changes. Accordingly, in Amendment No. 1, NASD proposed an
implementation date of six months following publication of revised OATS
Technical Specifications incorporating the proposed rule change, which
will be published no later than sixty days following Commission
approval of the proposed rule change.\27\ NASD believes that the
extended implementation period will provide members sufficient time to
make any adjustments necessary to implement OATS reporting for OTC
equity securities, especially since, according to NASD, the technical
specifications for OATS reporting of OTC equity securities would be
substantially similar to the technical specifications that have been in
place since July of 2006 for OATS Phase III.
---------------------------------------------------------------------------

    \27\ The initial rule text as published in the notice proposed
an implementation date of 120 days from publication of the OATS
Reporting Technical Specifications.
---------------------------------------------------------------------------

    In addition, one commenter suggested that NASD implement certain
operational and/or procedural regulations relating to the OTC
marketplace, such as expansion of the trade-through protections and
limit order display requirements, prior to implementation of OATS
reporting requirements and that until such time, best execution
standards for NMS stocks and OTC stocks will remain unequal.\28\ In
response to this comment, NASD noted that it already has order handling
and trading rules in effect that apply to the OTC marketplace,
including, but not limited to, Rule 2320 (Best Execution and
Interpositioning) and Rule 6541 (Limit Order Protection). NASD further
stated that OATS reporting is necessary to enhance NASD's ability to
review and examine for member compliance with these and other rules.
---------------------------------------------------------------------------

    \28\ See Ameritrade Letter, supra note 4, at 3.
---------------------------------------------------------------------------

    Finally, NASD responded to a commenter that expressed general
opposition to OATS and asserted that OATS is a mechanism for NASD to
generate income through fines.\29\ The commenter further claimed that
there has been no evidence that OATS has helped the investing public or
assisted in any way in improving the capital markets.\30\ In addition,
the commenter noted the burdens that OATS imposes on members, and in
particular, small firms.\31\ NASD responded that it is aware of the
costs and technological burdens associated with the proposed rule
change, and in recognition proposed an extended implementation period
in Amendment No. 1.
---------------------------------------------------------------------------

    \29\ See Bertematti Letter, supra note 4, at 1.
    \30\ Id.
    \31\ Id.
---------------------------------------------------------------------------

IV. Discussion and Commission Findings

    The Commission has reviewed carefully the proposed rule change, the
comment letters, and NASD's response to the comments. The Commission
finds that the proposed rule change, as amended, is consistent with the
requirements of the Act and the rules and regulations thereunder
applicable to a national securities association,\32\ particularly
Section 15A(b)(6) of the Act,\33\ which, among other things, requires
that the rules of a national securities association be designed to
prevent fraudulent and manipulative acts and practices, to promote just
and equitable principles of trade, to foster cooperation and
coordination with persons engaged in regulating transactions in
securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system and, in general, to
protect investors and the public interest.
---------------------------------------------------------------------------

    \32\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
    \33\ 15 U.S.C. 78o-3(b)(6).
---------------------------------------------------------------------------

    As discussed above, NASD currently requires member firms to record
and report order information for transactions in Nasdaq Stock Market
equity securities. NASD's OATS uses this

information for integration with trade and quotation information to
provide NASD with an accurate time-sequenced record of orders and
transactions to detect for possible violations of NASD rules and other
securities laws and regulations. NASD recognizes that the trading in
OTC equity securities is often more manual than Nasdaq Stock Market
equity securities, and while this may result in additional burdens on
member firms to capture this data electronically, NASD believes that
reporting information related to OTC equity securities is critical to
its surveillance program. The Commission believes that it is consistent
with the Act for NASD to expand the OATS reporting requirements to
include OTC equity securities to assist it in detecting possible fraud
or manipulation in the trading of such securities in order to help
protect investors.
    In addition, the Commission believes that the technical changes
proposed by NASD, which NASD has noted are needed in light of Nasdaq's
operation as a national securities exchange, are not only consistent
with the Act, but also necessary to clarify NASD's rules.

V. Solicitation of Comments Concerning Amendment No. 1

    Interested persons are invited to submit written data, views, and
arguments concerning Amendment No. 1, including whether Amendment No. 1
to the proposed rule change is consistent with the Act. Comments may be
submitted by any of the following methods:

Electronic Comments

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

File Number SR-NASD-2005-101 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASD-2005-101. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments, all

written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room. Copies of the filing
also will be available for inspection and copying at the principal
office of NASD. All comments received will be posted without change;
the Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-
NASD-2005-101 and should be submitted on or before November 7, 2006.

VI. Accelerated Approval of Amendment No. 1

    The Commission finds good cause for approving Amendment No. 1 to
the proposed rule change prior to the thirtieth day after publication
for comment in the Federal Register pursuant to Section 19(b)(2) of the
Act.\34\ As discussed in greater detail above, in Amendment No. 1, NASD
proposed revisions to clarify that member firms do not need to comply
with the OATS reporting obligations with respect to an OTC equity
security until a symbol has been assigned to that security. In
addition, in response to a comment letter, it proposed to exclude DPPs
from the definition of OTC equity security. Because two commenters
raised issues specific to the timing of the proposed rule change, NASD
also proposed an extended implementation period in Amendment No. 1.
Finally, NASD proposed two technical changes in Amendment No. 1 that
are necessary to reflect the commencement of Nasdaq as a national
securities exchange.
    Since the changes proposed in Amendment No. 1 address commenter
concerns and make changes that the Commission believes will help
clarify the proposed rule change and should assist firms by providing
greater guidance, as well as time for testing systems to help ensure
compliance with the rule, and it does not raise any new issues of
regulatory concern, the Commission finds good cause to accelerate
approval of Amendment No. 1, consistent with Section 15A(b)(6) of the
Act \35\ and Section 19(b) of the Act.\36\
---------------------------------------------------------------------------

    \34\ 15 U.S.C. 78s(b)(2).
    \35\ 15 U.S.C. 78o-3(b)(6).
    \36\ 15 U.S.C. 78s(b).
---------------------------------------------------------------------------

VII. Conclusion

    It is Therefore Ordered, pursuant to Section 19(b)(2) of the
Act,\37\ that the proposed rule change (File No. SR-NASD-2005-101), as
amended, be and hereby is, approved, and that Amendment No. 1 is
approved on an accelerated basis.
---------------------------------------------------------------------------

    \37\ 15 U.S.C. 78s(b)(2).
    \38\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\38\
Jill M. Peterson,
Assistant Secretary.
[FR Doc. E6-17167 Filed 10-16-06; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 83 (Monday, May 3, 2021)]
[Notices]
[Page 23396]
[FR Doc No: 2021-09113]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4481-DR; Docket ID FEMA-2021-0001]

Washington; Amendment No. 3 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 Washington (FEMA-4481-DR), dated March 22, 2020, and
related determinations.

DATES: This amendment was issued March 11, 2021.

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 Washington is hereby amended to include Individual
Assistance limited to COVID-19 Funeral Assistance under Other Needs
Assistance for those areas determined to have been adversely affected
by the event declared a major disaster by the President in his
declaration of March 22, 2020.

    Individual Assistance limited to COVID-19 Funeral Assistance
under Other Needs Assistance for all areas in the State of
Washington (already designated for Individual Assistance, limited to
the Crisis Counseling Program and emergency protective measures
[Category B] not authorized under other Federal statutes, including
direct Federal 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.)

Robert J. Fenton,
Senior Official Performing the Duties of the Administrator, Federal
Emergency Management Agency.
[FR Doc. 2021-09113 Filed 4-30-21; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 80, Number 209 (Thursday, October 29, 2015)]
[Notices]
[Page 66616]
[FR Doc No: 2015-27607]

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

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

[Docket No. DOT-OST-2014-0011]

National Freight Advisory Committee; Notice of Public Meeting

AGENCY: Department of Transportation.

ACTION: Notice of public meeting.

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

SUMMARY: The U.S. Department of Transportation (DOT) announces a public
meeting of its National Freight Advisory Committee (NFAC) to develop
comments on the draft National Freight Strategic Plan (Plan). The
meeting is open to the public and there will be an opportunity for
public comment.

DATES: The meeting will be held on Friday, November 13, 2015 from 8:30
a.m. to 12:30 p.m., Eastern Standard Time.
    Location: The meeting will be held at the U.S. Department of
Transportation, 1200 New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: John Drake, Deputy Assistant Secretary
for Transportation Policy at<PHONE_NUMBER> or by email at
<EMAIL_ADDRESS>or visit the NFAC Web site at www.transportation.gov/nfac.

SUPPLEMENTARY INFORMATION:
    Background: The NFAC was established to provide advice and
recommendations to the Secretary of Transportation on matters related
to freight transportation in the United States, including (1)
Implementation of the freight provisions of the Moving Ahead for
Progress in the 21st Century Act (MAP-21; Pub. L. 112-141); (2)
establishment of the National Freight Network; (3) development of the
Plan; (4) development of strategies to help States implement State
Freight Advisory Committees and State Freight Plans; (5) development of
measures of conditions and performance in freight transportation; (6)
development of freight transportation investment, data, and planning
tools; and (7) legislative recommendations. The NFAC operates as a
discretionary committee under the authority of the DOT, established in
accordance with the provisions of the Federal Advisory Committee Act
(FACA), as amended, 5 U.S.C. App. 2. See DOT's NFAC Web site for
additional information about the committee's activities at
www.transportation.gov/nfac.
    On October 18, 2015, the DOT issued the draft National Freight
Strategic Plan for public comment. The draft Plan describes the freight
transportation system, including major corridors and gateways, and
assesses the physical, institutional, and financial barriers to
improvement. Importantly, the draft Plan also recommends specific
strategies to help support our freight transportation system through
improved planning, dedicated funding streams, and innovative
technologies. The draft Plan and additional information about the DOT's
freight activities are available at www.transportation.gov/freight.
    Agenda: The agenda will include:
    (1) Welcome and opening remarks;
    (2) Discussion on the draft National Freight Strategic Plan;
    (3) Public comment.
    The meeting agenda will be posted on the NFAC Web site at
www.transportation.gov/nfac in advance of the meeting.
    Public Participation: This meeting will be open to the public.
Members of the public who wish to attend in person are asked to RSVP to
<EMAIL_ADDRESS>with your name and affiliation no later than November
6, 2015, in order to facilitate entry and guarantee seating.
    Services for Individuals with Disabilities: The public meeting is
physically accessible to people with disabilities. Individuals
requiring accommodations, such as sign language interpretation or other
ancillary aids, are asked to notify John Drake, at<PHONE_NUMBER> or
<EMAIL_ADDRESS>five (5) business days before the meeting.
    Written comments: Persons who wish to submit written comments for
consideration by the Committee must email<EMAIL_ADDRESS>or send them
to John Drake, Deputy Assistant Secretary for Transportation Policy,
National Freight Advisory Committee, 1200 New Jersey Avenue SE., W82-
320, Washington, DC 20590 by November 6, 2015 to provide sufficient
time for review. All other comments may be received at any time before
or after the meeting.

    Dated: October 26, 2015.
John Drake,
Deputy Assistant Secretary for Transportation Policy.
[FR Doc. 2015-27607 Filed 10-28-15; 8:45 am]
BILLING CODE 4910-9X-P


[Federal Register Volume 79, Number 147 (Thursday, July 31, 2014)]
[Notices]
[Pages 44445-44446]
[FR Doc No: 2014-18008]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2492-013]

Woodland Pulp, LLC: Notice of Application Accepted for Filing,
Soliciting Motions To Intervene and Protests, Ready for Environmental
Analysis, and Soliciting Comments, Recommendations, Preliminary Terms
and Conditions, and Preliminary Fishway Prescriptions

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: Minor License.
    b. Project No.: 2492-013.
    c. Date filed: February 28, 2014.
    d. Applicant: Woodland Pulp, LLC (Woodland Pulp).
    e. Name of Project: Vanceboro Dam Storage Project.
    f. Location: The existing project is located on the outlet of
Spednik Lake, on the east branch of the Saint Croix River, in
Washington County, Maine and New Brunswick, Canada. The project does
not affect federal lands.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Jay Beaudoin, Woodland Pulp, LLC, 144 Main
Street, Baileyville, Maine 04694,<PHONE_NUMBER> or
<EMAIL_ADDRESS>    i. FERC Contact: Michael Watts,<PHONE_NUMBER> or
<EMAIL_ADDRESS>    j. Deadline for filing motions to intervene and protests, comments,
recommendations, preliminary terms and conditions, and preliminary
prescriptions: 60 days from the issuance date of this notice; reply
comments are due 105 days from the issuance date of this notice.
    The Commission strongly encourages electronic filing. Please file
motions to intervene, protests, comments, recommendations, preliminary
terms and conditions, and preliminary fishway prescriptions 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_ADDRESS>(866) 208-3676 (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-2492-013.
    The Commission's Rules of Practice 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. This application has been accepted for filing and is now ready
for environmental analysis.
    l. The existing Vanceboro Dam Storage Project consists of: (1) A
16-foot-high, 469-foot-long dam comprised of a 170-foot-long earthen
embankment section, a 230-foot-long earthen embankment section, and a
69-foot-long gated concrete spillway section with two 22.5-foot-long,
14.5-foot-high steel Tainter gates with a crest elevation of 385.86
feet above mean sea level (msl); (2) an 8-foot-wide concrete vertical-
slot fishway; (3) an 18,558-acre impoundment (Spednik Lake) with a
maximum pool elevation of 385.86 feet msl; and (4) appurtenant
facilities.
    The Vanceboro Dam Storage Project operates in a store-and-release
mode with the impoundment elevation fluctuating on an annual basis. The
existing license requires a minimum impoundment elevation of 371.5 feet
msl between October 1 and April 30; a minimum impoundment elevation of
376.5 feet msl between May 1 and September 30; a maximum impoundment
elevation of 385.86 feet msl; and a year round minimum downstream flow
of 200 cubic feet per second in the east branch of the Saint Croix
River downstream of the project.
    Woodland Pulp is not proposing any new project facilities or
changes in project operation.
    m. A copy of the application is available for review at the
Commission in the Public Reference Room or may be viewed on the
Commission's Web site 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, contact
FERC Online Support. A copy is also available for inspection and
reproduction at the address in item h above.
    Register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    n. Anyone may submit comments, a protest, or a motion to intervene
in accordance with the requirements of Rules of Practice and Procedure,
18 CFR 385.210, .211, and .214. In determining the appropriate action
to take, the Commission will consider all protests or other comments
filed, but only those who file a motion to intervene in accordance with
the Commission's Rules may become a party to the proceeding. Any
comments, protests, or motions to intervene must be received on or
before the specified comment date for the particular application.
    All filings must (1) bear in all capital letters the title
``PROTEST,'' ``MOTION TO INTERVENE,'' ``COMMENTS,'' ``REPLY COMMENTS,''
``RECOMMENDATIONS,'' ``PRELIMINARY TERMS AND CONDITIONS,'' or
``PRELIMINARY FISHWAY PRESCRIPTIONS;'' (2) set forth in the heading the
name of the applicant and the project number of the application to
which the filing responds; (3) furnish the name, address, and telephone
number of the person protesting or intervening; and (4) otherwise
comply with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, recommendations, terms and conditions or prescriptions must
set forth their evidentiary basis and otherwise comply with the
requirements of 18 CFR 4.34(b). Agencies may obtain copies of the
application directly from the applicant. A copy of any protest or
motion to intervene must be served upon each representative of the
applicant specified in the particular application. A copy of all other
filings in reference to this application must be accompanied by proof
of service on all persons listed in the service list prepared by the
Commission in this proceeding, in accordance with 18 CFR 4.34(b) and
385.2010.
    o. Procedural Schedule:
    The application will be processed according to the following
revised Hydro Licensing Schedule. Revisions to the schedule may be made
as appropriate.

------------------------------------------------------------------------
               Milestone                           Target date
------------------------------------------------------------------------
Filing of recommendations, preliminary   September 2014
 terms and conditions, and preliminary
 fishway prescriptions.
Commission issues EA...................  January 2015
Comments on EA.........................  February 2015
Modified terms and conditions..........  March 2015
------------------------------------------------------------------------

    p. Final amendments to the application must be filed with the
Commission no later than 30 days from the issuance date of this notice.
    q. A license applicant must file no later than 60 days following
the date of issuance of the notice of acceptance and ready for
environmental analysis provided for in 5.22: (1) A copy of the water
quality certification; (2) a copy of the request for certification,
including proof of the date on which the certifying agency received the
request; or (3) evidence of waiver of water quality certification.

    Dated: July 24, 2014.
Kimberly D. Bose,
Secretary.
[FR Doc. 2014-18008 Filed 7-30-14; 8:45 am]
BILLING CODE 6717-01-P


                               Howler(TM) T&O
(For Organic Production) (For Use in Organic Lawn Care) (Can be used in organic lawn care) (OMRI Listed(TM) (logo) placeholder)

Active Ingredient: Pseudomonas chlororaphis strain AFS009*	50.0%
Other Ingredients:	50.0%
Total: 	100.0%
* Contains not less than 1 X 10[6] cfu/g.

                         KEEP OUT OF REACH OF CHILDREN
                                    CAUTION

                                   FIRST AID
If in eyes

 Hold eye open and rinse slowly and gently with water for 15  -  20 minutes. Remove contact lenses, if present, after the first 5 minutes, then continue rinsing eye.
 Call a poison control center or doctor for treatment advice.
                                HOT LINE NUMBER
Have the product container or label with you when calling a poison control center or doctor, or going for treatment.  You may also contact 1-800-222-1222 for emergency medical treatment information.

EPA Reg. No.: (pending as File Symbol 91197-E)	EPA Est. No.:  XXXXX-XX-XXX
Net Weight: XX
(Batch)(Lot) No: XXXX

Manufactured by:
AFS009 Plant Protection, Inc.
104 T.W. Alexander Drive, Building 18
Research Triangle Park, NC 27709

                           PRECAUTIONARY STATEMENTS
HAZARDS TO HUMANS AND DOMESTIC ANIMALS - CAUTION: Wash thoroughly with soap and water after handling and before eating, drinking, chewing gum, using tobacco or using the toilet. Remove and wash contaminated clothing before reuse.

PERSONAL PROTECTIVE EQUIPMENT (PPE):
Applicators and other handlers must wear:
●	long-sleeved shirt and long pants
●	protective eyewear
●	waterproof gloves
●	shoes plus socks

Mixer/loaders and applicators must wear a NIOSH approved particulate respirator with any N, R, or P filter with NIOSH approval number prefix TC-84A; or a NIOSH approved powered air purifying respirator with an HE filter with NIOSH approval number prefix TC-21C.  Repeated exposure to high concentrations of microbial proteins can cause allergic sensitization.  Follow the manufacturer's instructions for cleaning/maintaining PPE.  If no such instructions for washables are available, use detergent and hot water.  Keep and wash PPE separately from other laundry.

ENGINEERING CONTROLS: When handlers use closed systems, enclosed cabs or aircraft in a manner that meets the requirements listed in the Worker Protection Standard (WPS) for agricultural pesticides [40 CFR 170.240(d)(4-6)], the handler PPE requirements may be reduced or modified as specified in the WPS.

IMPORTANT: When reduced PPE is worn because a closed system is being used, handlers must be provided all PPE specified above for "applicators and other handlers" and have such PPE immediately available for use in an emergency, such as a spill or equipment breakdown.

--------------------------------------------------------------------------------
USER SAFETY RECOMMENDATIONS
--------------------------------------------------------------------------------
Users should:
--------------------------------------------------------------------------------
●	Remove clothing/PPE immediately if pesticide gets inside. Then wash thoroughly and put on clean clothing.
--------------------------------------------------------------------------------
●	Remove PPE immediately after handling this product. Wash the outside of gloves before removing.  As soon as possible, wash thoroughly and change into clean clothing.

ENVIRONMENTAL HAZARDS: This product may be toxic to bees and other pollinating insects exposed to direct treatment.  Do not apply this product while bees or other pollinating insects are actively visiting the treatment area.  This product may be toxic to certain nontarget terrestrial arthropods. Minimize spray drift away from target area to reduce effects to nontarget insects.  For terrestrial uses - Do not apply directly to water, or to areas where surface water is present or to intertidal areas below the mean high water mark. Do not contaminate water when disposing of equipment washwater or rinsate.

                              DIRECTIONS FOR USE
It is a violation of Federal law to use this product in a manner inconsistent with its labeling.  For any requirements specific to your State or Tribe, consult the State or Tribal agency responsible for pesticide regulation.  Do not apply this product in a way that will contact workers or other persons, either directly or through drift.  Only protected handlers may be in the area during application.

--------------------------------------------------------------------------------
Agricultural Use Requirements
--------------------------------------------------------------------------------
Use this product only in accordance with its labeling and with the Worker Protection Standard, 40 CFR Part 170.  This Standard contains requirements for the protection of agricultural workers on farms, forests, nurseries, and greenhouses, and handlers of agricultural pesticides.  It contains requirements for training, decontamination, notification, and emergency assistance.  It also contains specific instructions and exceptions pertaining to the statements on this label about personal protective equipment (PPE) and restricted-entry interval.  The requirements in this box only apply to uses of this product that are covered by the Worker Protection Standard.
--------------------------------------------------------------------------------
Do not enter or allow worker entry into treated areas during the restricted-entry interval (REI) of 4 hours.
--------------------------------------------------------------------------------

--------------------------------------------------------------------------------
PPE required for early entry to treated areas (that is permitted under the Worker Protection Standard and that involves contact with anything that has been treated, such as plants, soil or water) is:
--------------------------------------------------------------------------------
●	Coveralls
--------------------------------------------------------------------------------
●	Waterproof gloves
--------------------------------------------------------------------------------
●	Shoes plus socks
--------------------------------------------------------------------------------

--------------------------------------------------------------------------------
EXCEPTION: If the product is soil incorporated or soil injected, the Worker Protection Standard, under certain circumstances, allows workers to enter the treated area if there will be no contact with anything that has been treated.

--------------------------------------------------------------------------------
NON-AGRICULTURAL USE REQUIREMENTS
--------------------------------------------------------------------------------
The requirements in this box apply to uses of this product that are not within the scope of the Worker Protection Standard for agricultural pesticides (40 CFR Part 170).  The WPS applies when this product is used to produce agricultural plants on farms, forests, nurseries or greenhouses.
--------------------------------------------------------------------------------

--------------------------------------------------------------------------------
Keep unprotected persons out of treated areas until sprays have dried.

PRODUCT INFORMATION
Howler T&O is a biological fungicide containing the active ingredient Pseudomonas chlororaphis subsp. aurantiaca for use on growing turfgrass, plants and crops to control plant diseases including Dollar Spot, Rhizoctonia, Pythium, Phytophthora, Botrytis, Athracnose, Fusarium, Brown Patch and Pythium Blight. Howler T&O may be mixed with water and applied as a foliar spray, soil drench, in furrow spray, transplant spray or dip, cuttings or bare root dip, hydroponic or chemigation application in field or greenhouse use sites.  It may also be mixed with potting mix or applied dry in furrow.

USE INSTRUCTIONS
Do not apply by aerial application.

Howler T&O has been evaluated for phytotoxicity on a variety of crops under various normal growing conditions.  However, testing all crop varieties, in all mixtures and combinations, is not feasible.  Prior to treating entire crop, test a small portion of the crop for sensitivity.

Mixing directions
Important  -  (Each foil envelope of (product name) contains a water-soluble packet.  The water soluble packet must be removed from the foil envelope before use.  Wear dry gloves when handling the packets and avoid getting them wet before adding to the mix tank.)  Do not add Howler T&O to the mix tank before introducing the correct amount of water.  Add (half the) water to the mix tank.  Start the mechanical or hydraulic agitation to provide moderate circulation before adding Howler T&O. Allow sufficient mixing time to ensure complete dispersion and mixing of (product name).  Maintain circulation while loading and spraying.  Do not mix more Howler T&O than can be used in 24 hours.

Spray volume
For in furrow spray applications use at least 5 gallons of total volume per acre in water-based sprays.

Tank mixing
Do not combine Howler T&O in the spray tank with other pesticides, surfactants, adjuvants, or fertilizers if there has been no previous experience or use of the combination to show it is physically compatible, effective, and non-injurious under your use conditions.  Observe the most restrictive of the labeling limitations and precautions of all products used in mixtures.

To ensure compatibility of tank-mix combinations, they must be evaluated prior to use.  To determine the physical compatibility of this product with other products, use a jar test.  Using a quart jar, add the proportionate amounts of the products to one quart of water with agitation.  Add dry formulations first, then flowables, and then emulsifiable concentrates last.  After thoroughly mixing, let this mixture stand for 5 minutes.  If the combination remains mixed or can be readily remixed, it is physically compatible.  Once compatibility has been proven, use the same procedure for adding required ingredients to the spray tank.

CHEMIGATION USE DIRECTIONS
Spray preparation
First, prepare a suspension of Howler T&O in a mix tank.  Fill tank (1/2) to (3/4) of the amount of water for the area to be treated.  Start mechanical or hydraulic agitation.  Add the required amount of Howler, and then the remaining volume of water.  Then set the sprinkler to deliver a minimum of 0.1 to 0.3 inch of water per acre.  Start sprinkler and uniformly inject the suspension of Howler T&O into the irrigation water line so as to deliver the correct rate of Howler per acre.  Inject the suspension of Howler T&O with a positive displacement pump into the main line ahead of a right angle turn to ensure adequate mixing. Howler T&O is to be metered continuously for the duration of the water application. If you have questions about calibration, you should contact State Extension Service specialists, equipment manufacturers or other experts.

(Do not combine Howler T&O with other pesticides, surfactants, adjuvants, or fertilizers for application through chemigation equipment unless prior experience has shown the combination to be physically compatible, effective and non-injurious under conditions of use.)

General Requirements -
1)	Apply this product only through drip (trickle) irrigation systems.  Do not apply this product through any other type of irrigation system.
2)	Crop injury, lack of effectiveness, or illegal pesticide residues in the crop can result from non-uniform distribution of treated water.
3)	If you have questions about calibration, you should contact State Extension Service specialists, equipment manufacturers or other experts.
4)	Do not connect an irrigation system (including greenhouse systems) used for pesticide application to a public water system unless the pesticide label-prescribed safety devices for public water systems are in place.
5)	A person knowledgeable of the chemigation system and responsible for its operation, or under the supervision of the responsible person, shall shut the system down and make necessary adjustments should the need arise.

Specific Requirements for Chemigation Systems Connected to Public Water Systems -
1)	Public water system means a system for the provision to the public of piped water for human consumption if such system has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year.
2)	Chemigation systems connected to public water systems must contain a functional, reduced-pressure zone, backflow preventer (RPZ) or the functional equivalent in the water supply line upstream from the point of pesticide introduction.  As an option to the RPZ, the water from the public water system should be discharged into a reservoir tank prior to pesticide introduction.  There shall be a complete physical break (air gap) between the flow outlet end of the fill pipe and the top or overflow rim of the reservoir tank of at least twice the inside diameter of the fill pipe.
3)	The pesticide injection pipeline must contain a functional, automatic, quick-closing check valve to prevent the flow of fluid back toward the injection pump.
4)	The pesticide injection pipeline must contain a functional, normally closed, solenoid-operated valve located on the intake side of the injection pump and connected to the system interlock to prevent fluid from being withdrawn from the supply tank when the irrigation system is either automatically or manually shut down.
5)	The system must contain functional interlocking controls to automatically shut off the pesticide injection pump when the water pump motor stops, or in cases where there is no water pump, when the water pressure decreases to the point where pesticide distribution is adversely affected.
6)	Systems must use a metering pump, such as a positive displacement injection pump (e.g., diaphragm pump) effectively designed and constructed of materials that are compatible with pesticides and capable of being fitted with a system interlock.
7) 	Do not apply when wind speed favors drift beyond the area intended for treatment.

Specific Requirements for Drip (Trickle) Chemigation -
1)	The system must contain a functional check valve, vacuum relief valve and low-pressure drain appropriately located on the irrigation pipeline to prevent water source contamination from backflow.
2)	The pesticide injection pipeline must contain a functional, automatic, quick-closing check valve to prevent the flow of fluid back toward the injection pump.
3)	The pesticide injection pipeline must also contain a functional, normally closed, solenoid-operated valve located on the intake side of the injection pump and connected to the system interlock to prevent fluid from being withdrawn from the supply tank when the irrigation system is either automatically or manually shut down.
4)	The system must contain functional interlocking controls to automatically shut off the pesticide injection pump when the water pump motor stops.
5)	The irrigation line or water pump must include a functional pressure switch which will stop the water pump motor when the water pressure decreases to the point where pesticide distribution is adversely affected.
6)	Systems must use a metering pump, such as a positive displacement injection pump (e.g., diaphragm pump) effectively designed and constructed of materials that are compatible with pesticides and capable of being filled with a system interlock.

Application Instructions for All Types of Chemigation -
1)	Remove scale, pesticide residues, and other foreign matter from the chemical supply tank and entire injector system. Flush with clean water. Failure to provide a clean tank, void of scale or residues may cause product to lose effectiveness or strength.
2)	Determine the treatment rates as indicated in the directions for use and make proper dilutions.
3)	Prepare a solution in the chemical tank by filling the tank with the required water and then adding product as required. Utilize agitation to keep solution in suspension.

TARGET PLANT DISEASES

Aerial Blight
(Rhizoctonia spp., Sclerotinia)

Anthracnose
(Colletotrichum graminicola)

Botrytis Blight

Brown Patch
(Rhizoctonia spp.)

Damping Off
(Fusarium nivale)

Dollar Spot*
(Sclerotinia)

Fusarium Patch
(Fusarium nivale)

Gray Mold
(Botrytis spp.)

Pythium Blight

Pythium Root Rot

Pythium Crown Rot
(Pythium spp.)

Stem and Root Rot
(Phytophthora)

*Suppression of Dollar Spot requires preventative applications and better suppression is noted in moderate to low disease pressure.

APPLICATION RATES
Repeat at 7 to 21 day intervals as needed. Thoroughly cover plant foliage until runoff and soil surfaces with spray solution. Pre-harvest Interval (PHI) = 0 days.
Ornamental (Production) (Crops)  (Greenhouse, Shadehouse, Nursery, Field):

                                  ORNAMENTALS
                              APPLICATION METHOD
                               APPLICATION RATE
Flowers, Bedding Plants, and Ornamentals.

Greenhouse Soil Drench
67  -  100 oz/100 gal

Nursery Soil Drench
67  -  100 oz/100 gal

Greenhouse Chemigation
6.7  -  10 oz/gal applied at 1000-8000 gal/acre

Foliar Spray
6.7  -  10 oz/gal applied at 200-400 gal/acre

Field Chemigation
6.7  -  10 oz/gal applied at 1000-8000 gal/acre

Greenhouse soil incorporation (Potting soil incorporation)
1.75 to 8.5 lb/ cubic yard

In-furrow spray or transplant starter solution
67  -  100 oz/100 gal
Shadehouse and Outdoor Nursery Crops
Deciduous trees (Maple, Oak, etc.), Ornamentals, Pine.

Greenhouse Soil Drench
67  -  100 oz/100 gal

Nursery soil drench
67  -  100 oz/100 gal

In-furrow spray or transplant starter solution
5  -  10 pounds /acre

*Greenhouse Chemigation
6.7  -  10 oz/gal applied at 1000-8000 gal/acre

Foliar Spray
6.7  -  10 oz/gal applied at 200-500 gal/acre

*Field Chemigation
6.7  -  10 oz/gal applied at 1000-8000 gal/acre
*Application via greenhouse or field chemigation is limited to flood, drip, furrow, micro-irrigation, and ebb and flow systems. Refer to Chemigation section for specific directions
Established Turf and Turf Production Applications:
Use on all cool and warm season turf grass varieties including Bentgrass, Bluegrass, Bermudagrass (common and hybrid), Fescue, Ryegrass, St. Augustine, Zoyzia, Paspalum and Poa Annua. Use on Greens, Tees, Fairways and Roughs, Sports Turf, Parks, Cemeteries, Commercial Turf, Roadsides, (Residential) Lawns, Sod Farms, Seed Production Grasses and all ornamental grass varieties.
Turf Application Timing:
Apply Howler T&O throughout the growing season on all types of soils and turfgrass varieties. Apply when ground temperature has reached 45o F (7o C) or above until late fall prior to light frost. Begin applications prior to when environmental conditions are conducive to disease development and throughout periods of disease and stress.
TURF APPLICATIONS
Target Diseases
Use Rate (oz. product per 1,000 sq. ft.)
Application Interval
Application Volume
Remarks
Anthracnose
(Colletotrichum graminicola)
Brown Patch
(Rhizoctonia spp.)
Dollar Spot*
(Sclerotinia)
Fusarium Patch
(Fusarium nivale)
Pythium Blight
Pythium Root Rot
Pythium Crown Rot
(Pythium spp.)

1.8 to 6 oz

7-21 days
Root Diseases:
Spray at a rate of 2 - 4 gallons (7 (1/2) - 15 liters per 100 m[2]) of tank mix per 1,000 sq. ft. to ensure soil penetration.

Foliar Diseases:
Spray at a rate of 1- 6  gallons (3.78  -  22.7 liters per 100 m[2]) of tank mix per 1,000 sq. ft. to provide thorough coverage.
Begin applications prior to when conditions are conducive to disease development. Continue applications throughout periods of disease and stress.
*Suppression of Dollar Spot requires preventative applications and better suppression is noted in moderate to low disease pressure.
TURF ESTABLISHMENT APPLICATIONS FOR PATHOGEN/DISEASE CONTROL
Application
Rate (oz product / 1000 sq. ft)
Frequency
New Seeding, Over Seeding, Hydro Seeding
1.8 to 6 oz. (per 1000 sq. ft. )
Apply at time of seed germination. Repeat every 14 days during grow-in period.
Sod Installation
1.8 to 6 oz. (per 1000 sq. ft.)
Apply at time of installation and repeat in 14 - 28 days. Continue during disease and stress period.
Sod Production
1.8 to 6 oz. (per 1000 sq. ft.)
Begin applications at time of seeding, plugging, or newly cut ribbons. Continue monthly during disease and stress periods.
Established Landscape Applications:
Use Howler T&O on all ornamentals, landscape plants, trees, shrubs, annuals, perennials, ground covers, tropical plants, outdoors and interiorscapes for control of a broad spectrum of plant diseases.
Landscape Application Timing:
Apply Howler T&O throughout the growing season on all types of soils, turfgrass, lawns, woody ornamentals, trees, perennials and other landscape and horticultural materials. Apply when ground temperature has reached 45o F (7o C) or above until late fall prior to light frost. Begin applications prior to when environmental conditions are conducive to disease development and throughout periods of disease and stress.
ORNAMENTAL APPLICATIONS
Plant Material
Target Diseases
Product Rate
Intervals
All Types of Ornamentals, Trees, Shrubs, And Flowering Plants

Annuals
Perennials
Bedding Plants
Ground Covers
Potted Flowers
Foliage Plants
Woody Ornamentals
Deciduous Trees & Shrubs
Evergreen Trees & Shrubs
Tropical Foliage
Palms
Container Grown Plants

(Indoors, Outdoors, Fields, Landscape areas)
Anthracnose
(Colletotrichum graminicola)

Stem and Root Rot

Aerial blight
(Rhizoctonia spp.)
(Sclerotinia)

Damping off
(Fusarium nivale)

Pythium Blight
Pythium Root Rot
Pythium Crown Rot
(Pythium spp.)

Stem & Root Rot
(Phytophthora)

Botrytis blight and Grey Mold
(Botrytis spp.)

Soil Drench:
67 to 100 oz. per 100 gallons of water. Thoroughly drench soil around plug, planting hole, tree canopy, root ball, or container.

Foliar Spray:
67 to 100 oz per 100 gallons of water. Thoroughly spray foliage until run-off.

New Plantings and Transplants:
Apply at time of planting to prevent disease. Reapply 7-14 days through growing season.

Established Plantings:
Apply prior to disease pressure at 7-14 day intervals while disease conditions persist.

--------------------------------------------------------------------------------
STORAGE AND DISPOSAL
--------------------------------------------------------------------------------
Do not contaminate water, food or feed by storage and disposal.
--------------------------------------------------------------------------------
Pesticide Storage:  Store in original container in a cool, dry place.  Avoid overheating.
--------------------------------------------------------------------------------
Pesticide Disposal:  To avoid wastes, use all material in this container by application according to label directions.   If wastes cannot be avoided, offer remaining product to a waste disposal facility or pesticide disposal program (often such programs are run by state or local governments or by industry).
--------------------------------------------------------------------------------
Container Handling:  Non refillable container.  Do not reuse or refill this container.
--------------------------------------------------------------------------------
Completely empty bag into application equipment. Then offer for recycling if available, or dispose of empty bag in a sanitary landfill or by incineration.  Do not burn, unless allowed by state and local ordinances. (For instances where state and local ordinances do allow burning):  If burned, stay out of smoke.
--------------------------------------------------------------------------------

--------------------------------------------------------------------------------
(Optional for water soluble packaging:
--------------------------------------------------------------------------------

--------------------------------------------------------------------------------
Container Handling:  Offer foil pouch for recycling if available or dispose of empty pouch in the trash as long as WSP is unbroken.)

Uses of Howler T&O other than those specified on this label are not licensed or otherwise authorized through the purchase of this product and the use of this product for other purposes including research and/or experimental uses are expressly prohibited without the written consent of AFS009 Plant Protection Inc.

Warranty - (to be added)Labeling on outer foil pouch of optional WSP units

                               Howler(TM) T&O

Active Ingredient: Pseudomonas chlororaphis strain AFS009*	50.0%
Other Ingredients:	50.0%
Total: 	100.0%
* Contains not less than 1 X 10[6] cfu/g.

                         KEEP OUT OF REACH OF CHILDREN
                                    CAUTION
         See label for additional precautions and directions for use.

EPA Reg. No.: (pending as File Symbol 91197-E)
Net Weight: XX

Not for individual resale.
Optional Label Claims

-	Biological fungicide
-	Fungicide for disease control on Turfgrass and landscapes and home gardens, on vegetable, herb and fruit transplants grow in greenhouses and landscape and ornamental plants grown in greenhouses, nurseries, landscapes, Interiorscapes, shadehouses and lathhouses.