17372 Federal Register / Vol. 68, No. 68 / Wednesday, April 9, 2003 / Notices 62190   8 Wolmanac Concentrate 72%

62190   14 Wolmanac Concentrate 60%

For the above identified end use products, the accepted amended label is to read as follows: Effective December 31, 2003, this product may only be used for preservative treatment of the following categories of forest products and in accordance with the respective cited standard ( noted parenthetically) of the 2001 edition of the American Wood Preservers Association Standards: Lumber and Timber for Salt Water Use Only ( C2), Piles ( C3), Poles ( C4), Plywood ( C9), Wood for Highway Construction ( C14), Round, Half Round and Quarter Round Fence Posts ( C16), Poles, Piles and Posts Used as Structural Members on Farms, and Plywood Used on Farms ( C16), Wood for Marine Construction ( C18), Lumber and Plywood for Permanent Wood Foundations ( C22), Round Poles and Posts Used in Building Construction ( C23), Sawn Timber Used To Support Residential and Commercial Structures ( C24), Sawn Crossarms ( C25), Structural Glued Laminated Members and Laminations Before Gluing ( C28), Structural Composite Lumber ( C33), and Shakes and Shingles ( C34). Forest products treated with this product may only be sold or distributed for uses within the AWPA Commodity Standards under which the treatment occurred. 4. Further amendments to the product label will be made by the registrants of the above identified amended registrations via notification to the Agency on or before December 1, 2003, to: ( 1) Delete the use directions in effect prior to these amendments, and ( 2) delete the preface phrase `` Effective December 31, 2003,'' from the amended labels such that the statement begins by reading, `` This product may only be used for preservative treatment of the following categories of forest products and in accordance with the respective cited standard ( noted parenthetically) of the 2001 edition of the American Wood Preservers' Association Standards...'' These specific changes may be done via notification. 5. The registrants of the above identified products will notify their customers of the amended registrations/ labels by certified mail. This is to ensure that those who are affected by the cancellation order are aware of the labeling changes. 6. The cancellation order included existing stocks provisions as described in Unit V below. 7. The text in 40 CFR 152.132 provides that a distributor ( or supplemental registrant) is considered an agent of the registrant for intents and purposes under the act, and both the registrant and the distributor may be held liable for violations pertaining to the distributor product. V. Provisions for Disposition of Existing Stocks For purposes of this Order, the term `` existing stocks'' is defined, pursuant to EPA's existing stocks policy ( 56 FR 29362, June 26, 1991), as those stocks of a registered pesticide product which are currently in the United States and which have been packaged, labeled, and released for shipment prior to the effective date of the cancellation or amendment. Any distribution, sale or use of existing stocks in a manner inconsistent with the terms of the cancellation order or the existing stocks provisions contained in the order will be considered a violation of section 12( a)( 2)( K) and/ or section 12( a)( 1)( A) of FIFRA. The following summarizes the effective dates of cancellation as well as the existing stocks provisions for each product subject to the cancellation order. 1. Cancelled registrations ( Table 2 in Unit II). The effective date of cancellation was March 17, 2003, the date upon which the cancellation order was signed. Registrants have 60 calendar days following the signing of the cancellation order ( until May 16, 2003) in which to sell or distribute products listed in Table 2. Registrants were notified of the signing of the cancellation order and of the required changes to labels on the date the order was signed by telephone and facsimile transmission. Any sale, distribution, or use by the registrants of these affected products on or after that date is prohibited. Sale, distribution, or use by persons other than the registrants may continue until supplies are exhausted. Additionally, sale, distribution or use of the stocks by persons other than the registrant in the channels of trade may continue until depleted, provided any sale, distribution, or use is in accordance with the existing label of that product. 2. Registrations amended to delete terminated uses ( Table 3). The effective date of the cancellation effectuating the use terminations is May 16, 2003. The registrants' voluntary requests for termination of uses had requested that EPA allow use of the previous ( unamended) labels for a period of 60 calendar days from the date on which the particular affected registrant receives EPA's approval of the amendments. The Agency is granting this request by making the effective date of cancellation 60 calendar days following the signing of the cancellation order. Registrants were notified of the signing of the cancellation order and of the required changes to labels on the date the order was signed by telephone and facsimile transmission. This 60 day period is intended to allow a sufficient period of time for an orderly transition to the amended labels without disrupting supply and availability of product. On or after May 16, 2003, any sale, distribution, or use of existing stocks by the registrants of the subject registrations is prohibited. Sale, distribution, or use by persons other than the registrants may continue until supplies are exhausted. Additionally, sale, distribution or use of the stocks in the channels of trade by persons other than the registrant may continue until depleted, provided any sale, distribution or use is in accordance with the existing label of that product.

List of Subjects Environmental protection, Chromated Copper Arsenate, Pesticides and pests.

Dated: March 27, 2003. Jack E. Housenger, Acting Director, Antimicrobials Division, Office of Pesticide Programs. [ FR Doc. 03   8372 Filed 4   8   03; 8: 45 am]

BILLING CODE 6560   50   S ENVIRONMENTAL PROTECTION AGENCY [ OPP   2003   0074; FRL   7298   2]

Pesticide Product Registrations; Conditional Approval AGENCY: Environmental Protection Agency ( EPA). ACTION: Notice.

SUMMARY: This notice announces Agency approval of applications submitted by Plant Products Co. Ltd., Brampton, ON L6T 1G1, Canada, to conditionally register the pesticide products Pseudozyma flocculosa strain PF   A22 UL ( TGAI) technical grade of the active ingredient and SPORODEX L an end use product ( EP) containing a new active ingredient not included in any previously registered products pursuant to the provisions of section 3( c)( 7)( C) of the Federal Insecticide, Fungicide, and Rodenticide Act ( FIFRA), as amended.

FOR FURTHER INFORMATION CONTACT: Sharlene R. Matten, Biopesticides and VerDate Jan< 31> 2003 15: 16 Apr 08, 2003 Jkt 200001 PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 09APN1. SGM 09APN1 17373 Federal Register / Vol. 68, No. 68 / Wednesday, April 9, 2003 / Notices Pollution Prevention Division ( 7511C), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460   0001; telephone number: ( 703) 605   0514; e mail address: matten. sharlene@ epa. gov.

SUPPLEMENTARY INFORMATION:

I. General Information A. Does this Action Apply to Me?

You may be potentially affected by this action if you produce crops or animals or manufacture food or pesticides. Potentially affected entities may include, but are not limited to:   Crop production ( NAICS 111)   Animal production ( NAICS 112)   Food manufacturing ( NAICS 311)   Pesticide manufacturing ( NAICS 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. How Can I Get Copies of This Document and Other Related Information?

1. Docket. EPA has established an official public docket for this action under docket identification ( ID) number OPP   2003   0074. The official public docket consists of the documents specifically referenced in this action, any public comments received, and other information related to this action. Although a part of the official docket, the public docket does not include Confidential Business Information ( CBI) or other information whose disclosure is restricted by statute. The official public docket is the collection of materials that is available for public viewing at the Public Information and Records Integrity Branch ( PIRIB), Rm. 119, Crystal Mall # 2, 1921 Jefferson Davis Hwy., Arlington, VA. This docket facility is open from 8: 30 a. m. to 4 p. m., Monday through Friday, excluding legal holidays. The docket telephone number is ( 703) 305   5805. In accordance with section 3( c)( 2) of FIFRA, a copy of the approved label, the list of data references, the data and other scientific information used to support registration, except for material specifically protected by section 10 of FIFRA, are available for public inspection in the Public Information and Records Integrity Branch, Information Resources and Services Division ( 7502C), Office of Pesticide Programs, Environmental Protection Agency, Rm. 119, Crystal Mall # 2, Arlington, VA ( 703) 305   5805. Requests for data must be made in accordance with the provisions of the Freedom of Information Act and must be addressed to the Freedom of Information Office ( A   101), 1200 Pennsylvania Ave., NW., Washington, DC 20460   0001. Such requests should: Identify the product name and registration number and specify the data or information desired. A paper copy of the fact sheet, which provides more detail on this registration, may be obtained from the National Technical Information Service ( NTIS), 5285 Port Royal Rd., Springfield, VA 22161. 2. Electronic access. You may access this Federal Register document electronically through the EPA Internet under the `` Federal Register'' listings at http:// www. epa. gov/ fedrgstr/. An electronic version of the public docket is available through EPA's electronic public docket and comment system, EPA Dockets. You may use EPA Dockets at http:// www. epa. gov/ edocket/ to submit or view public comments, access the index listing of the contents of the official public docket, and to access those documents in the public docket that are available electronically. Although not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the docket facility identified in Unit I. B. 1. Once in the system, select `` search,'' then key in the appropriate docket ID number.

II. Did EPA Conditionally Approve the Application? A conditional registration may be granted under section 3( c)( 7)( C) of FIFRA for a new active ingredient where certain data are lacking, on condition that such data are received by the end of the conditional registration period and do not meet or exceed the risk criteria set forth in 40 CFR 154.7; that use of the pesticide during the conditional registration period will not cause unreasonable adverse effects; and that use of the pesticide is in the public interest. The Agency has considered the available data on the risks associated with the proposed use of Pseudozyma flocculosa strain PF   A22 UL, and information on social, economic, and environmental benefits to be derived from such use. Specifically, the Agency has considered the nature and its pattern of use, application methods and rates, and level and extent of potential exposure. Based on these reviews, the Agency was able to make basic health and safety determinations which show that use of Pseudozyma flocculosa strain PF   A22 UL during the period of conditional registration will not cause any unreasonable adverse effect on the environment, and that use of the pesticide is in the public interest. Consistent with section 3( c)( 7)( C) of FIFRA, the Agency has determined that these conditional registrations are in the public interest. Use of the pesticides are of significance to the user community, and appropriate labeling, use directions, and other measures have been taken to ensure that use of the pesticides will not result in unreasonable adverse effects to man and the environment.

III. Conditionally Approved Registrations EPA issued a notice, published in the Federal Register of October 4, 2000 ( 65 FR 59185) ( FRL   6742   1) ( OPP   30500), which announced that Jellinek, Schwartz and Connolly, Inc., 1525 Wilson Blvd., Suite 600, Arlington, VA for Plant Products Co. Ltd., 314 Orenda Road, Brampton, Ontario, Canada, had submitted applications for ( EPA file symbols 69697   R and 69697   G) to register pesticide products containing Pseudozyma flocculosa. The following products were approved on September 20, 2002 to control powdery mildew disease on greenhouse grown cut roses and English seedless cucumbers: 1. Pseudozyma flocculosa strain PF   A22 UL ( TGAI) ( EPA Registration Number 69697   1). 2. Sporodex L Biological Fungicide ( EPA Registration Number 69697   3). Both conditional registrations were signed on September 20, 2002 and will expire on September 30, 2004. EPA is requiring the registrant to provide data by October 31, 2003 showing detailed analysis of microbial contaminants in production batches, and reporting any incidents of hypersensitivity or other adverse health incidents to workers, applicators, or bystanders. In addition, EPA is requiring storage stability data for Sporodex L Biological Fungicide, and an acute pulmonary infectivity/ toxicity study for Pseudozyma flocculosa strain PF   A22 UL ( TGAI) by October 31, 2003. After analyzing the submitted data, EPA will decide whether to approve these products for a full registration.

List of Subjects Environmental protection, Chemicals, Microbes, Pesticides and pests.

VerDate Jan< 31> 2003 15: 16 Apr 08, 2003 Jkt 200001 PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 09APN1. SGM 09APN1 17374 Federal Register / Vol. 68, No. 68 / Wednesday, April 9, 2003 / Notices Dated: March 31, 2003. Janet L. Andersen, Director, Biopesticides and Pollution Prevention Division, Office of Pesticide Programs.

[ FR Doc. 03   8656 Filed 4   8   03; 8: 45 am]

BILLING CODE 6560   50   S ENVIRONMENTAL PROTECTION AGENCY [ OPP   2003   0080; FRL   7300   3]

Experimental Use Permit; Receipt of Application AGENCY: Environmental Protection Agency ( EPA). ACTION: Notice.

SUMMARY: This notice announces receipt of an application 75437   EUP   R from Great Lakes Fishery Commission ( GLFC) requesting an experimental use permit ( EUP) for the sea lamprey migratory pheromone, petromyzonol sulfate. The Agency has determined that the application may be of regional and national significance. Therefore, in accordance with 40 CFR 172.11( a), the Agency is soliciting comments on this application. DATES: Comments, identified by docket ID number OPP   2003   0080, must be received on or before May 9, 2003. ADDRESSES: Comments may be submitted electronically, by mail, or through hand delivery/ courier. Follow the detailed instructions as provided in Unit I. of the SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Andrew Bryceland, Biopesticides and Pollution Prevention Division ( 7511C), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460   0001; telephone number: ( 703) 305   6928; e mail address: bryceland. andrew@ epa. gov.

SUPPLEMENTARY INFORMATION:

I. General Information A. Does this Action Apply to Me?

This action is directed to the public in general. This action may, however, be of interest to those persons who are or may be required to conduct testing of chemical substances under the Federal Food, Drug, and Cosmetic Act ( FFDCA) or the Federal Insecticide, Fungicide, and Rodenticide Act ( FIFRA). Since other entities may also be interested, the Agency has not attempted to describe all the specific entities that may be affected by this action. 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. How Can I Get Copies of this Document and Other Related Information? 1. Docket. EPA has established an official public docket for this action under docket identification ( ID) number OPP   2003   0080. The official public docket consists of the documents specifically referenced in this action, any public comments received, and other information related to this action. Although a part of the official docket, the public docket does not include Confidential Business Information ( CBI) or other information whose disclosure is restricted by statute. The official public docket is the collection of materials that is available for public viewing at the Public Information and Records Integrity Branch ( PIRIB), Rm. 119, Crystal Mall # 2, 1921 Jefferson Davis Hwy., Arlington, VA. This docket facility is open from 8: 30 a. m. to 4 p. m., Monday through Friday, excluding legal holidays. The docket telephone number is ( 703) 305   5805. 2. Electronic access. You may access this Federal Register document electronically through the EPA Internet under the `` Federal Register'' listings at http:// www. epa. gov/ fedrgstr/. An electronic version of the public docket is available through EPA's electronic public docket and comment system, EPA Dockets. You may use EPA Dockets at http:// www. epa. gov/ edocket/ to submit or view public comments, access the index listing of the contents of the official public docket, and to access those documents in the public docket that are available electronically. Once in the system, select `` search,'' then key in the appropriate docket ID number. Certain types of information will not be placed in the EPA Dockets. Information claimed as CBI and other information whose disclosure is restricted by statute, which is not included in the official public docket, will not be available for public viewing in EPA's electronic public docket. EPA's policy is that copyrighted material will not be placed in EPA's electronic public docket but will be available only in printed, paper form in the official public docket. To the extent feasible, publicly available docket materials will be made available in EPA's electronic public docket. When a document is selected from the index list in EPA Dockets, the system will identify whether the document is available for viewing in EPA's electronic public docket. Although not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the docket facility identified in Unit I. B. 1. EPA intends to work towards providing electronic access to all of the publicly available docket materials through EPA's electronic public docket. For public commenters, it is important to note that EPA's policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing in EPA's electronic public docket as EPA receives them and without change, unless the comment contains copyrighted material, CBI, or other information whose disclosure is restricted by statute. When EPA identifies a comment containing copyrighted material, EPA will provide a reference to that material in the version of the comment that is placed in EPA's electronic public docket. The entire printed comment, including the copyrighted material, will be available in the public docket. Public comments submitted on computer disks that are mailed or delivered to the docket will be transferred to EPA's electronic public docket. Public comments that are mailed or delivered to the docket will be scanned and placed in EPA's electronic public docket. Where practical, physical objects will be photographed, and the photograph will be placed in EPA's electronic public docket along with a brief description written by the docket staff.

C. How and To Whom Do I Submit Comments? You may submit comments electronically, by mail, or through hand delivery/ courier. To ensure proper receipt by EPA, identify the appropriate docket ID number in the subject line on the first page of your comment. Please ensure that your comments are submitted within the specified comment period. Comments received after the close of the comment period will be marked `` late.'' EPA is not required to consider these late comments. If you wish to submit CBI or information that is otherwise protected by statute, please follow the instructions in Unit I. D. Do not use EPA Dockets or e mail to submit CBI or information protected by statute. 1. Electronically. If you submit an electronic comment as prescribed in this unit, EPA recommends that you include your name, mailing address, and an email address or other contact information in the body of your comment. Also include this contact information on the outside of any disk or CD ROM you submit, and in any VerDate Jan< 31> 2003 15: 16 Apr 08, 2003 Jkt 200001 PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 09APN1. SGM 09APN1


[Federal Register Volume 88, Number 33 (Friday, February 17, 2023)]
[Notices]
[Pages 10391-10394]
[FR Doc No: 2023-03335]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-96905; File No. SR-PEARL-2023-03]

Self-Regulatory Organizations; MIAX PEARL, LLC; Notice of Filing
and Immediate Effectiveness of a Proposed Rule Change To Amend Exchange
Rule 2618 To Add Optional Risk Control Settings

February 13, 2023.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on February 3, 2023, MIAX PEARL, LLC (``MIAX Pearl'' or the
``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``Commission'') the proposed rule change as described in
Items I, II, and III below, which Items have been prepared by the
Exchange. The Commission is publishing this notice to solicit comments
on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange amend Exchange Rule 2618(a)(2) to offer two additional
optional risk settings to Equity Members, called the Gross Notional
Open and Trade Value and Net Notional Open and Trade Value.
    The text of the proposed rule change is available on the Exchange's
website at http://www.miaxoptions.com/rule-filings/pearl at MIAX
Pearl's principal office, and at the Commission's Public Reference
Room.

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

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

1. Purpose
    The purpose of the proposed rule change is to provide Equity
Members additional risk settings when trading equity securities on MIAX
Pearl Equities. To help Equity Members manage their risk, the Exchange
currently offers risk settings that authorize the Exchange to take
automated action if a designated limit for an Equity Member is
breached. Such risk settings provide Equity Members with enhanced
abilities to manage their risk when trading on the Exchange. The
Exchange now proposes to amend Exchange Rule 2618(a)(2) to offer two
additional optional risk settings to Equity Members, called the Gross
Notional Open and Trade Value and Net Notional Open and Trade Value.
Each of these new risk settings seeks to combine certain existing risk
settings into a single risk setting and are described below.
    Exchange Rule 2618(a)(2) sets forth the specific cumulative risk
settings the Exchange offers and include Gross Notional Trade Value,
Net Notional Trade Value, Gross Notional Open Value, and Net Notional
Open Value.\3\ Gross Notional Trade Value is a pre-established maximum
daily dollar amount for purchases and sales across all symbols, where
both purchases and sales are counted as positive values. Net Notional
Trade Value is a pre-established maximum daily dollar amount for
purchases and sales across all symbols, where purchases are counted as
positive values and sales are counted as negative values. For purposes
of calculating the Gross Notional Trade Value and Net Notional Trade
Value, only executed orders are included.
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release Nos. 89971 (September
23, 2020), 85 FR 61053 (September 29, 2022 [sic]) (SR-PEARL-2020-
16); 90478 (November 23, 2022 [sic]), 85 FR 76630 (November 30,
2020) (SR-PEARL-2020-26); and 96205 (November 1, 2022), 87 FR 67080
(November 17 [sic], 2022) (SR-PEARL-2022-43).
---------------------------------------------------------------------------

    The Gross Notional Open Value is a pre-established maximum daily
dollar amount for open buy and sell orders across all symbols, where
both open orders to buy and sell are counted as positive values. For
purposes of calculating the Gross Notional Open Value, only unexecuted
orders are included. The Net Notional Open Value is a pre-established
maximum daily dollar amount for open buy and sell orders across all
symbols, where open orders to buy are counted as positive values and
open orders to sell are counted as negative values. For purposes of
calculating the Net Notional Open Value, only unexecuted orders are
included, just like the Gross Notional Open Value risk control.
    For both the Gross Notional Open Value and Net Notional Open Value
risk settings, the open orders calculation only includes Limit Orders
and Pegged Orders resting on the MIAX Pearl Equities Book and Limit
Orders that have been routed to an away exchange for execution.\4\
Limit Orders and Pegged Orders are included at their limit price.
Market Orders are not included.\5\ Each of the above risk settings is
completely optional and is not applied where the

Equity Member does not set the applicable threshold.
---------------------------------------------------------------------------

    \4\ Pegged Orders are not eligible for routing pursuant to
Exchange Rule 2617(b). See Exchange Rule 2614(a)(3)(E).
    \5\ See Securities Exchange Act Release No. 96205 (November 1,
2022), 87 FR 67080 (November 17 [sic], 2022) (SR-PEARL-2022-43).
---------------------------------------------------------------------------

    Based on Equity Member demand, the Exchange proposes to adopt the
following two additional cumulative risk settings that take into
account both trades, as well as open, unexecuted orders, Gross Notional
Open and Trade Value and Net Notional Open and Trade Value. The
proposed risk settings combine each of the above two gross calculated
risk settings into a single risk control and the two net calculated
risk settings also into a single risk setting. Specifically, the Gross
Notional Open and Trade Value would be a combination of the Gross
Notional Open Value and Gross Notional Trade Value risk settings and
include both purchases and sales as well as open buy and sell orders
across all symbols. Like the existing gross calculated risk settings,
purchases, sales, open orders to buy, and open orders to sell would be
counted as positive values and a combination of executed and unexecuted
orders would be included. Meanwhile, the Net Notional Open and Trade
Value would be a combination of the Net Notional Open Value and Net
Notional Trade Value risk settings and also include purchases and sales
as well as open buy and sell orders across all symbols. Like the
existing net calculated risk settings, where purchases and open orders
to buy would be counted as positive values and sales and open orders to
sell would be counted as negative values and, like above for the Gross
Notional Open and Trade Value risk control, both executed and
unexecuted orders would be included.
    Each of these above proposed risk settings would be codified under
Exchange Rule 2618(a)(2). Proposed Exchange Rule 2618(a)(2)(E) would
provide that the ``Gross Notional Open and Trade Value'' is a pre-
established maximum daily dollar amount for purchases and sales, as
well as open buy and sell orders across all symbols, where purchases,
sales, open orders to buy, and open orders to sell are counted as
positive values. Proposed Exchange Rule 2618(a)(2)(E) would further
provide that for purposes of calculating the Gross Notional Open and
Trade Value, executed and unexecuted orders would be included. Proposed
Exchange Rule 2618(a)(2)(F) would provide that the ``Net Notional Open
and Trade Value'' would be a pre-established maximum daily dollar
amount for purchases and sales, as well as open buy and sell orders
across all symbols, where purchases and open orders to buy are counted
as positive values, and sales and open orders to sell are counted as
negative values. Proposed Exchange Rule 2618(a)(2)(F) would further
provide that for purposes of calculating the Net Notional Open and
Trade Value, executed and unexecuted orders would be included.
    Like for both the Gross Notional Open Value and Net Notional Open
Value risk settings, the open orders calculation portion of both the
proposed Gross Notional Open and Trade Value and Net Notional Open and
Trade Value risk settings would only include Limit Orders and Pegged
Orders resting on the MIAX Pearl Equities Book and Limit Orders that
have been routed to an away exchange for execution.\6\ Limit Orders and
Pegged Orders would be included at their limit price. Market Orders
would not be included. Like the existing risk settings set for in
Exchange Rule 2618(a)(2), each of the proposed risk settings would be
completely optional and would not be applied where the Equity Member
does not set the applicable threshold.
---------------------------------------------------------------------------

    \6\ See Securities Exchange Act Release No. 96205 (November 1,
2022), 87 FR 67080 (November 17 [sic], 2022) (SR-PEARL-2022-43).
---------------------------------------------------------------------------

    Exchange Rule 2618(a)(4) provides that an Equity Member that does
not self-clear may allocate and revoke \7\ the responsibility of
establishing and adjusting the Gross Notional Trade Value, Net Notional
Trade Value, Gross Notional Open Value, and Net Notional Open Value
risk settings to a Clearing Member \8\ that clears transactions on
behalf of the Equity Member, if designated in a manner prescribed by
the Exchange. The Exchange proposes that the same would be true for the
new Gross Notional Open and Trade Value and Net Notional Open and Trade
Value risk settings.
---------------------------------------------------------------------------

    \7\ As discussed below, if an Equity Member revokes from its
Clearing Member the responsibility of establishing and adjusting the
risk settings identified in paragraph (a)(2), the settings applied
by the Equity Member would be applicable.
    \8\ The term ``Clearing Member'' refers to a Member that is a
member of a Qualified Clearing Agency and clears transactions on
behalf of another Member. See Exchange Rule 2620(a). Exchange Rule
2620(a) also outlines the process by which a Clearing Member shall
affirm its responsibility for clearing any and all trades executed
by the Equity Member designating it as its Clearing Firm, and
provides that the rules of a Qualified Clearing Agency shall govern
with respect to the clearance and settlement of any transactions
executed by the Equity Member on the Exchange.
---------------------------------------------------------------------------

    By way of background, Exchange Rule 2620(a) allows Clearing Members
an opportunity to manage their risk of clearing on behalf of other
Equity Members, if authorized to do so by the Equity Member trading on
the Exchange. Such functionality is designed to help Clearing Members
better monitor and manage the potential risks that they assume when
clearing for Equity Members of the Exchange. An Equity Member may
allocate or revoke the responsibility of establishing and adjusting the
risk settings identified in paragraph (a)(2) of Exchange Rule 2618 to
its Clearing Member in a manner prescribed by the Exchange. By
allocating such responsibility, an Equity Member cedes all control and
ability to establish and adjust such risk settings to its Clearing
Member unless and until such responsibility is revoked by the Equity
Member. Because the Equity Member is responsible for its own trading
activity, the Exchange will not provide a Clearing Member authorization
to establish and adjust risk settings on behalf of an Equity Member
without first receiving consent from the Equity Member. The Exchange
considers an Equity Member to have provided such consent if it
allocates the responsibility to establish and adjust risk settings to
its Clearing Member in a manner prescribed by the Exchange.
    Exchange Rule 2618(a)(3) provides that either an Equity Member or
its Clearing Member, if allocated such responsibility pursuant to
Exchange Rule 2618(a)(4), may establish and adjust limits for the risk
settings provided in Exchange Rule 2618(a)(2). An Equity Member or
Clearing Member may establish and adjust limits for the risk settings
in a manner prescribed by the Exchange. This includes use of the
Exchange's online portal. The online portal page also provides a view
of all applicable limits for each Equity Member, which will be made
available to the Equity Member and its Clearing Member, as currently
discussed in Exchange Rule 2618(a)(4). The proposed new risk settings
would be incorporated into the Exchange's online portal.
* * * * *
    The Exchange does not guarantee that the risk settings in this
proposal are sufficiently comprehensive to meet all of an Equity
Member's risk management needs. Pursuant to Rule 15c3-5 under the
Act,\9\ a broker-dealer with market access must perform appropriate due
diligence to assure that controls are reasonably designed to be
effective, and otherwise consistent with the rule.\10\ Use of the
Exchange's risk settings included in Exchange Rule 2618 will not
automatically constitute compliance with Exchange or federal rules and
responsibility for compliance with all

Exchange and SEC rules remains with the Equity Member.
---------------------------------------------------------------------------

    \9\ 17 CFR 240.15c3-5.
    \10\ See Division of Trading and Markets, Responses to
Frequently Asked Questions Concerning Risk Management Controls for
Brokers or Dealers with Market Access, available at https://www.sec.gov/divisions/marketreg/faq-15c-5-risk-management-controls-bd.htm.
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Implementation
    Due to the technological changes associated with this proposed
change, the Exchange will issue a trading alert publicly announcing the
implementation date of the proposed enhancements to its risk settings
set forth herein. The Exchange anticipates that the implementation date
will be in the second or third quarter of 2023.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the
Act,\11\ in general, and furthers the objectives of Section
6(b)(5),\12\ in particular, because it is 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, clearing, settling, processing
information with respect to, and facilitating 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.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78f(b).
    \12\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    Specifically, the Exchange believes the proposed risk settings will
remove impediments to and perfect the mechanism of a free and open
market and a national market system because they provide additional
functionality for an Equity Member to manage its risk. The Exchange
notes that the proposed risk settings are entirely optional. The
Exchange believes that the proposed risk settings under Exchange Rule
2618(a)(2) are designed to protect investors and the public interest
because the proposed additional functionality is a form of risk
mitigation that will aid Equity Members and Clearing Members in
minimizing their financial exposure and reduce the potential for
disruptive, market-wide events. In turn, the introduction of such risk
management functionality could enhance the integrity of trading on the
securities markets and help to assure the stability of the financial
system. The proposed rule change would provide an additional option for
Equity Members seeking to further tailor their risk management
capability while transacting on the Exchange.
    The proposed Gross Notional Open and Trade Value and Net Notional
Open and Trade Value risk settings under Exchange Rule 2618(a)(2) would
further permit Equity Members and Clearing Members who have a financial
interest in the risk settings of Equity Members to better monitor and
manage their potential risks, including those assumed by Clearing
Members, thereby providing Equity Members and Clearing Members with
greater control and flexibility over setting their own risk tolerance
and exposure. In addition, the proposed additional risk settings under
Exchange Rule 2618(a)(2) could provide Clearing Members, who have
assumed certain risks of Equity Members, greater control over risk
tolerance and exposure on behalf of their correspondent Equity Members,
if allocated responsibility pursuant to Exchange Rule 2618(a)(4), while
also providing an alert system under Exchange Rule 2618(a)(5) that
ensures that both Equity Members and Clearing Members are aware of
developing issues. As such, the Exchange believes that the proposed
risk settings would provide additional means to address potentially
market-impacting events, helping to ensure the proper functioning of
the market. To the extent a Clearing Member might reasonably require an
Equity Member to provide access to its risk settings as a prerequisite
to continuing to clear trades on the Equity Member's behalf, the
Exchange's sharing of those risk settings directly reduces the
administrative burden on participants on the Exchange, including both
Clearing Members and Equity Members. Moreover, providing Clearing
Members with the ability to see the risk settings established for
Equity Members for which they clear fosters efficiencies in the market
and removes impediments to and perfects the mechanism of a free and
open market and a national market system. The Exchange believes that
the proposed new risk settings under Exchange Rule 2618(a)(2) are
consistent with the Act, particularly Section 6(b)(5),\13\ because they
would foster cooperation and coordination with persons engaged in
facilitating transactions in securities and more generally, will
protect investors and the public interest, by allowing Equity Members
and Clearing Members to better monitor their risk exposure and by
fostering efficiencies in the market and removing impediments to and
perfect the mechanism of a free and open market and a national market
system.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    In addition, the proposed Gross Notional Open and Trade Value and
Net Notional Open and Trade Value risk settings under proposed Exchange
Rule 2618(a)(2)(E) and (F), respectively, are similar to the existing
net and gross calculated controls under Exchange Rules 2618(a)(2)(A),
(B), (C), and (D) and simply seeks to combine the features of each
existing gross and net calculated risk settings into a single risk
setting as described above. Proposed Gross Notional Open Value and Net
Notional Open Value risk settings under proposed Exchange Rule
2618(a)(2)(E) and (F) are also reasonably designed to provide Equity
Members and Clearing Members (if allocated responsibility pursuant to
Exchange Rule 2618(a)(4)) additional opportunity to monitor and manage
the potential risks of an execution that exceeds their certain risk
appetite, as well as to provide Clearing Members with greater control
over their risk tolerance and exposure on behalf of their correspondent
Equity Members.
* * * * *
    Finally, the Exchange believes that the proposed risk settings do
not unfairly discriminate among the Exchange's Equity Members because
use of the risk settings is optional and are not a prerequisite for
participation on MIAX Pearl Equities. The proposed risk settings are
completely voluntary and, as they relate solely to optional risk
management functionality, no Equity Member is required or under any
regulatory obligation to utilize them.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. In fact, the Exchange
believes that the proposal may have a positive effect on competition
because it would provide Equity Members and their Clearing Members
additional means to monitor and control risk, thereby potentially
increasing confidence in the proper functioning of the markets and
contribute to additional competition among trading venues and broker-
dealers. Rather than impede competition, the proposal is designed to
facilitate more robust risk management by Equity Members and Clearing
Members, which, in turn, could enhance the integrity of trading on the
securities markets and help to assure the stability of the financial
system. The proposal would impose no burden on intra-market competition
because use of the proposed risk settings is optional and each risk
setting is available to all Equity Members equally.

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: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days after the date of the filing, or such
shorter time as the Commission may designate, it has become effective
pursuant to 19(b)(3)(A) of the Act \14\ and Rule 19b-4(f)(6) \15\
thereunder.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78s(b)(3)(A).
    \15\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

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

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include
File Number SR-PEARL-2023-03 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-PEARL-2023-03. 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 such filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. 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-PEARL-2023-03 and should be submitted on
or before March 10, 2023.
---------------------------------------------------------------------------

    \16\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-03335 Filed 2-16-23; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 65 (Tuesday, April 5, 2016)]
[Rules and Regulations]
[Pages 19484-19485]
[FR Doc No: 2016-07714]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2015-7486; Airspace Docket No. 15-AGL-26]

Amendment of Class D and Class E Airspace; Wilmington, OH

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; correction.

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

SUMMARY: This correction amends the final rule published in the Federal
Register of February 8, 2016, amending the Class E surface area
airspace and Class E airspace designated as an extension at Wilmington
Air Park, Wilmington, OH. This correction adds part-time Notice to
Airmen (NOTAM) language inadvertently removed to the Class E surface
area description. The geographic coordinates and airport name of
Wilmington Air Park in Class D and E airspace, and in Class E airspace
extending upward from 700 feet above the surface are added to the rule.
The Title is also amended to include Class D airspace.

DATES: Effective 0901 UTC, April 5, 2016. The compliance date for this
rule is March 31, 2016. The Director of the Federal Register approves
this incorporation by reference action under Title 1, Code of Federal
Regulations, part 51, subject to the annual revision of FAA Order
7400.9 and publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Jeffrey Claypool, Federal Aviation
Administration, Operations Support Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX, 76177; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

History

    The Federal Register published a final rule amending Class E
airspace at Wilmington Air Park, Wilmington, OH, (81 FR 6450, February
8, 2016) Docket No. FAA-2015-7486. Subsequent to publication, the FAA
found in amending the airport name and airport reference point for the
airport, additional existing controlled airspace was inadvertently
omitted from the rule. This action adds adjustment of the geographic
coordinates in Class D airspace and Class E airspace extending upward
from 700 feet or more above the surface of the Earth at Wilmington Air
Park.
    The FAA also determined that the part-time NOTAM language in the
Class E surface area description was inadvertently removed in error.
Potential safety concerns were identified due to the possibility for
confusion in determining the operating rules and equipment requirements
in the Wilmington Air Park terminal area. The concerns were based on
the opportunity for part-time Class D surface area airspace and
continuous Class E surface area airspace to be active at the same time.
    To resolve these concerns, the FAA is keeping the part-time NOTAM
language

in the Class E surface area description to retain it as part-time
airspace supplementing the existing part-time Class D surface area
airspace at Wilmington Air Park. The regulatory text is rewritten for
clarity.

Correction to Final Rule

    Accordingly, pursuant to the authority delegated to me, in the
Federal Register of February 8, 2016 (81 FR 6450) FR Doc. 2016-02284,
Amendment of Class E Airspace, Wilmington, OH, is corrected as follows:

Sec.  71.1  [Amended]

    On page 6451, column 1, after line 31, add the following:

Paragraph 5000 Class D Airspace.

* * * * *

AGL OH D Wilmington, OH [Corrected]

Wilmington, Wilmington Air Park, OH
    Lat. 39[deg]25'41'' N., long. 083[deg]47'32'' W.)
Wilmington, Hollister Field Airport, OH
    Lat. 39[deg]26'15'' N., long. 083[deg]42'30'' W.)

    That airspace extending upward from the surface to and including
3,600 feet MSL within a 4.2-mile radius of the Wilmington Air Park,
excluding that portion of airspace within a 1-mile radius of
Hollister Field Airport. This Class D airspace area is effective
during the specific dates and times established in advance by a
Notice to Airmen. The effective date and time will thereafter be
continuously published in the Airport/facility directory.
* * * * *

AGL OH E2 Wilmington, OH [Corrected]

    On page 6451, column 1, beginning on line 40, remove the
following text:
    ``Within a 4.2-mile radius of Wilmington Air Park, and within
3.7 miles each side of the Midwest VOR/DME 215[deg] radial extending
from the 4.2-mile radius of Wilmington Air Park to 7 miles southwest
of the airport, and within 3.7 miles each side of the Midwest VOR/
DME 041[deg] radial extending from the 4.2-mile radius of the
airport to 7 miles northeast of the airport, excluding that portion
of airspace within a 1-mile radius of Hollister Field Airport.''
    And add in its place:
    ``Within a 4.2-mile radius of Wilmington Air Park, and within
3.7 miles each side of the Midwest VOR/DME 215[deg] radial extending
from the 4.2-mile radius of Wilmington Air Park to 7 miles southwest
of the airport, and within 3.7 miles each side of the Midwest VOR/
DME 041[deg] radial extending from the 4.2-mile radius of the
airport to 7 miles northeast of the airport, excluding that portion
of airspace within a 1-mile radius of Hollister Field Airport. This
Class E airspace area is effective during the specific dates and
times established in advance by a Notice to Airmen. The effective
date and time will thereafter be continuously published in the
Airport/facility Director.''
    On page 6451, column 2, after line 11, add the following:

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

AGL OH E5 Wilmington, OH [Corrected]

Wilmington, Wilmington Air Park, OH
    Lat. 39[deg]25'41'' N., long. 083[deg]47'32'' W.)
Midwest VOR/DME
    Lat. 39[deg]25'47'' N., long. 083[deg]48'04'' W.)

    That airspace extending upward from 700 feet above the surface
within an 7-mile radius of Wilmington Air Park and within 4.6 miles
each side of the Midwest VOR/DME 041[deg] radial, extending from the
7-mile radius to 11.3 miles northeast of Wilmington Air Park.

    Issued in Fort Worth, Texas, on March 28, 2016.
Robert W. Beck,
Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2016-07714 Filed 3-31-16; 4:15 pm]
 BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 72 (Friday, April 13, 2012)]
[Notices]
[Page 22380]
[FR Doc No: 2012-8986]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. PE-2012-10]

Petition for Exemption; Summary of Petition Received

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of petition for exemption received.

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

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 May 3, 2012.

ADDRESSES: You may send comments identified by Docket Number FAA-2012-
0127 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>, or Tyneka
Thomas<PHONE_NUMBER>, 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 April 5, 2012.
Brenda D. Courtney,
Acting Deputy Director, Office of Rulemaking.

Petition for Exemption

    Docket No.: FAA-2012-0127
    Petitioner: United Airlines
    Section of 14 CFR Affected: 14 CFR 121.291(b)(1) and (d)
    Description of Relief Sought: United Airlines seeks relief to
continue operating the B767-300 without conducting the required partial
evacuation and ditching demonstrations. In addition, United seeks the
relief to avoid unnecessary operational burdens and avoid disruptions
in service by ensuring continued operations of the B767-300.

[FR Doc. 2012-8986 Filed 4-12-12; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 111 (Friday, June 11, 2021)]
[Notices]
[Page 31315]
[FR Doc No: 2021-12266]

=======================================================================
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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2021-N-0008]

Gastroenterology and Urology Devices Panel of the Medical Devices
Advisory Committee; Notice of Meeting

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) announces a forthcoming
public advisory committee meeting of the Gastroenterology and Urology
Devices Panel of the Medical Devices Advisory Committee. The general
function of the committee is to provide advice and recommendations to
the Agency on FDA's regulatory issues. The meeting will be open to the
public.

DATES: The meeting will take place virtually on July 14, 2021, from 9
a.m. Eastern Time to 6 p.m. Eastern Time.

ADDRESSES: Please note that due to the impact of this COVID-19
pandemic, all meeting participants will be joining this advisory
committee meeting via an online teleconferencing platform. Answers to
commonly asked questions including information regarding special
accommodations due to a disability may be accessed at: https://www.fda.gov/advisory-committees/about-advisory-committees/common-questions-and-answers-about-fda-advisory-committee-meetings.

FOR FURTHER INFORMATION CONTACT: James Swink, Center for Devices and
Radiological Health, Food and Drug Administration, 10903 New Hampshire
Ave., Bldg. 66, Rm. 5211, Silver Spring, MD 20993-0002,
<EMAIL_ADDRESS>301-796-6313, or FDA Advisory Committee
Information Line, 1-800-741-8138<PHONE_NUMBER> in the Washington, DC
area). A notice in the Federal Register about last minute modifications
that impact a previously announced advisory committee meeting cannot
always be published quickly enough to provide timely notice. Therefore,
you should always check the Agency's website at https://www.fda.gov/AdvisoryCommittees/default.htm and scroll down to the appropriate
advisory committee meeting link, or call the advisory committee
information line to learn about possible modifications before the
meeting.

SUPPLEMENTARY INFORMATION:
    Agenda: The meeting presentations will be heard, viewed, captioned,
and recorded through an online teleconferencing platform. On July 14,
2021, the committee will discuss, make recommendations, and vote on
information regarding the premarket approval application (PMA) for the
Organ Care System (OCS) Liver System, by TransMedics, Inc. The proposed
Indication for Use for the OCS Liver System, as stated in the PMA, is
as follows:
    The TransMedics[supreg] Organ Care System (OCSTM) Liver
is a portable extracorporeal liver perfusion and monitoring system
indicated for the resuscitation, preservation, and assessment of liver
allografts from donors after brain death (DBD) or liver allografts from
donors after circulatory death (DCD) <=55 years old in a near-
physiologic, normothermic and functioning state intended for a
potential transplant recipient.
    FDA intends to make background material available to the public no
later than 2 business days before the meeting. If FDA is unable to post
the background material on its website prior to the meeting, the
background material will be made publicly available on FDA's website at
the time of the advisory committee meeting. Background material and the
link to the online teleconference meeting room will be available at
https://www.fda.gov/advisory-committees/medical-devices-advisory-committee/gastroenterology-urology-devices-panel. Select the link for
the 2021 Meeting Materials.
    The meeting will include slide presentations with audio components
to allow the presentation of materials in a manner that most closely
resembles an in-person advisory committee meeting.
    Procedure: Interested persons may present data, information, or
views, orally or in writing, on issues pending before the committee.
Written submissions may be made to the contact person on or before July
7, 2021. Oral presentations from the public will be scheduled on July
14, 2021 between approximately 2 p.m. Eastern Time and 3 p.m. Eastern
Time. Those individuals interested in making formal oral presentations
should notify the contact person (see FOR FURTHER INFORMATION CONTACT).
The notification should include a brief statement of the general nature
of the evidence or arguments they wish to present, the names and
addresses of proposed participants, and an indication of the
approximate time requested to make their presentation on or before June
29, 2021. Time allotted for each presentation may be limited. If the
number of registrants requesting to speak is greater than can be
reasonably accommodated during the scheduled open public hearing
session, FDA may conduct a lottery to determine the speakers for the
scheduled open public hearing session. The contact person will notify
interested persons regarding their request to speak by June 30, 2021.
    For press inquiries, please contact the Office of Media Affairs at
<EMAIL_ADDRESS>or<PHONE_NUMBER>.
    FDA welcomes the attendance of the public at its advisory committee
meetings and will make every effort to accommodate persons with
disabilities. If you require accommodations due to a disability, please
contact Artair Mallet at<EMAIL_ADDRESS>or<PHONE_NUMBER> at
least 7 days in advance of the meeting.
    FDA is committed to the orderly conduct of its advisory committee
meetings. Please visit our website at https://www.fda.gov/advisory-committees/about-advisory-committees/public-conduct-during-fda-advisory-committee-meetings for procedures on public conduct during
advisory committee meetings.
    Notice of this meeting is given under the Federal Advisory
Committee Act (5 U.S.C. app. 2).

    Dated: June 4, 2021.
Lauren K. Roth,
Acting Principal Associate Commissioner for Policy.
[FR Doc. 2021-12266 Filed 6-10-21; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 87, Number 51 (Wednesday, March 16, 2022)]
[Proposed Rules]
[Pages 14817-14819]
[FR Doc No: 2022-05396]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2022-0187; FRL-9606-01-R4]

Air Plan Approval; GA; Updates to References to Appendix W
Modeling Guidelines

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a State Implementation Plan (SIP) revision submitted by the
State of Georgia, through the Georgia Environmental Protection Division
(GA EPD) on September 1, 2020. Specifically, EPA is proposing to
approve updates to the incorporation by reference of federal prevention
of significant deterioration (PSD) new source review (NSR) regulations
in the Georgia SIP. Based on the proposal to approve this SIP revision,
EPA is also proposing to convert the previous conditional approval
regarding Georgia's infrastructure SIP's PSD elements for the 2015
Ozone National Ambient Air Quality Standard (NAAQS) to a full approval.
EPA is proposing to approve these changes pursuant to the Clean Air Act
(CAA or Act).

DATES: Comments must be received on or before April 15, 2022.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2022-0187 at www.regulations.gov. Follow the online instructions
for submitting comments. Once submitted, comments cannot be edited or
removed from Regulations.gov. EPA may publish any comment received to
its public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Josue Ortiz Borrero, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air and
Radiation Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street SW, Atlanta, Georgia 30303-8960. The telephone number is
(404) 562-8085. Mr. Ortiz Borrero can also be reached via electronic
mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On October 1, 2015, EPA promulgated a revised primary and secondary
NAAQS for ozone, revising the 8-hour ozone standards from 0.075 parts
per million (ppm) to a new more protective level of 0.070 ppm. See 80
FR 65292 (October 26, 2015). Pursuant to section 110(a)(1) of the CAA,
states are required to submit SIP revisions meeting the applicable
requirements of section 110(a)(2) within three years after promulgation
of a new or revised NAAQS or within such shorter period as EPA may
prescribe. Section 110(a)(2) requires states to address basic SIP

elements such as requirements for monitoring, basic program
requirements, and legal authority that are designed to assure
attainment and maintenance of the NAAQS. This particular type of SIP is
commonly referred to as an ``infrastructure SIP'' or ``iSIP.'' States
were required to submit such SIP revisions for the 2015 8-hour ozone
NAAQS to EPA no later than October 1, 2018.\1\
---------------------------------------------------------------------------

    \1\ In infrastructure SIP submissions, states generally certify
evidence of compliance with sections 110(a)(1) and (2) of the CAA
through a combination of state regulations and statutes, some of
which have been incorporated into the SIP. In addition, certain
federally-approved, non-SIP regulations may also be appropriate for
demonstrating compliance with sections 110(a)(1) and (2).
---------------------------------------------------------------------------

    On September 24, 2018, Georgia met its requirement to submit an
iSIP for the 2015 8-hour ozone NAAQS by the October 1, 2018, deadline.
EPA subsequently approved most of the infrastructure SIP elements for
the 2015 Ozone NAAQS for the State.2 3 However, regarding
the PSD elements of section 110(a)(2)(C), (D)(i)(II) (prong 3), and (J)
(hereinafter referred to as element C, Prong 3, and element J,
respectively), EPA conditionally approved \4\ these portions of
Georgia's iSIP submission because of outdated references to the federal
guideline on air quality modeling found in Appendix W of 40 CFR part
51.\5\
---------------------------------------------------------------------------

    \2\ For the State of Georgia, EPA approved most elements, except
for the Prong 1 and Prong 2 interstate transport provisions, and the
PSD provisions (elements C, Prong 3, and J), on March 11, 2020. See
85 FR 14147.
    \3\ The Prong 1 and Prong 2 interstate transport provisions for
Georgia, were approved on 12/2/2021. See 86 FR 68413.
    \4\ Under CAA section 110(k)(4), EPA may conditionally approve a
SIP revision based on a commitment from a state to adopt specific
enforceable measures by a date certain, but not later than one year
from the date of approval. If the state fails to meet the commitment
within one year of the final conditional approval, the conditional
approval will be treated as a disapproval and EPA will issue a
finding of disapproval.
    \5\ EPA conditionally approved the PSD provisions of element C,
Prong 3, and element J on April 15, 2020. See 85 FR 20836. The
notice of proposed rulemaking associated with the conditional
approval provides additional information regarding the CAA's PSD
iSIP provisions. See 85 FR 7695 (February 11, 2020).
---------------------------------------------------------------------------

    For elements C and J to be approved for PSD, a state needs to
demonstrate that its SIP meets the PSD-related infrastructure
requirements of these sections. These requirements are met if the
state's implementation plan includes a PSD program that meets current
federal requirements. Element D(i)(II) (prong 3) is also approvable
when a state's implementation plan contains a fully approved PSD
program. EPA's PSD regulations at 40 CFR 51.166(l) require that
modeling be conducted in accordance with Appendix W, Guideline on Air
Quality Models. EPA promulgated the most current version of Appendix W
on January 17, 2017. See 82 FR 5182. Therefore, in order to approve the
iSIP PSD elements for the 2015 8-hour ozone NAAQS, PSD regulations in
SIPs are required to reference the most current version of Appendix W.
    As discussed in the conditional approval for the 2015 ozone iSIP
PSD elements, Georgia's SIP contained outdated references to Appendix
W, and the State committed to update the outdated references and submit
a SIP revision within one year of EPA's final rule conditionally
approving these PSD elements. Accordingly, Georgia was required to make
its submission by April 15, 2021. Georgia met this commitment by
submitting a SIP revision to correct the deficiencies on or before the
applicable deadline. Through this Notice of Proposed Rulemaking (NPRM),
EPA is proposing to approve revisions to the SIP-approved PSD rule and
is proposing to convert the conditional approval to full approval for
Georgia, regarding element C, Prong 3, and element J, for the 2015 8-
hour ozone NAAQS infrastructure SIP.

II. What is EPA's approach to the review of infrastructure SIP
submissions?

    As discussed above, whenever EPA promulgates a new or revised
NAAQS, CAA section 110(a)(1) requires states to submit infrastructure
SIPs that meet the various requirements of CAA section 110(a)(2), as
applicable. Due to ambiguity in some of the language of CAA section
110(a)(2), EPA believes that it is appropriate to interpret these
provisions in the specific context of acting on infrastructure SIP
submissions. EPA has previously provided comprehensive guidance on the
application of these provisions through a guidance document for
infrastructure SIP submissions and through regional actions on
infrastructure submissions.\6\ Unless otherwise noted below, EPA is
following that existing approach in acting on these submissions. In
addition, in the context of acting on such infrastructure submissions,
EPA evaluates the submitting state's implementation plan for facial
compliance with statutory and regulatory requirements, not for the
state's implementation of its SIP.\7\ EPA has other authority to
address any issues concerning a state's implementation of the rules,
regulations, consent orders, etc. that comprise its SIP.
---------------------------------------------------------------------------

    \6\ EPA explains and elaborates on these ambiguities and its
approach to address them in its September 13, 2013 Infrastructure
SIP Guidance (available at https://www3.epa.gov/airquality/urbanair/sipstatus/docs/Guidance_on_Infrastructure_SIP_Elements_Multipollutant_FINAL_Sept_2013.pdf), as well as in numerous agency actions, including EPA's prior
action on Georgia infrastructure SIPs to address the 2010 Nitrogen
Dioxide NAAQS. See 81 FR 41905 (June 28, 2016).
    \7\ See Mont. Envtl. Info. Ctr. v. Thomas, 902 F.3d 971 (9th
Cir. 2018).
---------------------------------------------------------------------------

III. EPA's Analysis of the September 1, 2020, Submittal

    On September 1, 2020, Georgia submitted a SIP revision to address
its outdated reference to 40 CFR part 51, Appendix W, and to meet the
PSD Infrastructure SIP requirements for the 2015 8-hour ozone NAAQS.\8\
The SIP revision includes changes to the SIP-approved PSD rule to
update the incorporation by reference date for 40 CFR 52.21, including
the reference to Appendix W in 40 CFR 52.21(l), and a request to
convert the April 15, 2020, conditional approval of the PSD
requirements of element C, Prong 3, and element J, of Georgia's 2015 8-
hour ozone NAAQS infrastructure SIP to a full approval.
---------------------------------------------------------------------------

    \8\ The September 1, 2020, submittal contains changes to other
SIP-approved rules that are not addressed in this notice. EPA will
be acting on those rules separately.
---------------------------------------------------------------------------

    Specifically, the September 1, 2020, SIP revision makes changes to
Georgia's Rule 391-3-1-.02(7), Prevention of Significant Deterioration
of Air Quality. Paragraph (7) previously incorporated federal PSD
regulations at 40 CFR 52.21 as promulgated through October 18, 2016.
However, the September 1, 2020, SIP revision updates this incorporation
by reference date to January 17, 2017. Additionally, Georgia made minor
corrections in paragraph (7) by deleting commas after the CFR in
citations to Federal rules and adding the word ``Part'' to a citation
to 40 CFR part 52.21(aa)(12)(i)(b) in (7)(b)(21)(xi) for consistency
with other citations to 52.21.
    As explained in the April 15, 2020, conditional approval notice,
Georgia committed to update its PSD regulations to reference the most
current version of Appendix W. EPA promulgated the most current version
of Appendix W on January 17, 2017. See 82 FR 5182. Paragraph 391-3-
1-.02(7)(b)9 specifically incorporates the modeling provisions of 40
CFR 52.21(l), which in turn requires that modeling be conducted in
accordance with the Guideline on Air Quality Models in Appendix W of 40
CFR part 51. By updating the incorporation by reference date of the 40
CFR 52.21 provisions

referenced in Paragraph 391-3-1-.02(7) in the State's PSD regulations
to January 17, 2017, Georgia's PSD regulations include the requirement
to use the most recent version of Appendix W when carrying out air
quality modeling for PSD purposes. Thus, EPA is proposing to find that
Georgia satisfied the requirements of the PSD elements for the 2015 8-
hour ozone infrastructure SIP and met the commitment associated with
the conditional approval. For the reasons stated above, EPA is
proposing to incorporate the changes into the Georgia SIP and convert
the April 15, 2020, conditional approval of element C, Prong 3, and
element J, of Georgia's 2015 8-hour ozone NAAQS infrastructure SIP to a
full approval.

IV. Incorporation by Reference

    In this document, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by
reference Georgia Rule 391-3-1-.02(7), titled ``Prevention of
Significant Deterioration of Air Quality,'' state effective July 29,
2020.\9\ EPA has made, and will continue to make, these materials
generally available through www.regulations.gov and at the EPA Region 4
office (please contact the person identified in the For Further
Information Contact section of this preamble for more information).
---------------------------------------------------------------------------

    \9\ This incorporation by reference excludes the automatic
recission clause at 391-3-1-.02(7)(a)(2)(iv), and portions of Rule
391-3-1-.02(7) incorporating by reference 40 CFR 52.21(b)(2)(v), and
40 CFR 52.21(b)(3)(iii)(c). See 40 CFR 52.570(c).
---------------------------------------------------------------------------

V. Proposed Action

    EPA is proposing to approve the aforementioned changes to the
Georgia Rule 391-3-1-02(7), Prevention of Significant Deterioration of
Air Quality, and convert the conditional approval for element C, Prong
3, and element J, for the 2015 8-hour ozone Infrastructure SIPs to a
full approval.

VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided they meet the criteria of the CAA. This action merely proposes
to approve state law as meeting Federal requirements and does not
impose additional requirements beyond those imposed by state law. For
that reason, this proposed action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is 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.);
     Does 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);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is 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
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

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

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

    Dated: March 9, 2022.
Daniel Blackman,
Regional Administrator, Region 4.
[FR Doc. 2022-05396 Filed 3-15-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 81, Number 46 (Wednesday, March 9, 2016)]
[Notices]
[Pages 12562-12563]
[FR Doc No: 2016-05164]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2015-0107, Notice 2]

Decision That Nonconforming Model Year 2012 Fisker Karma
Passenger Cars Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).

ACTION: Grant of petition.

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SUMMARY: This document announces a decision by the National Highway
Traffic Safety Administration that certain model year (MY) 2012 Fisker
Karma passenger cars (PCs) that were not originally manufactured to
comply with all applicable Federal Motor Vehicle Safety Standards
(FMVSS) are eligible for importation into the United States because
they are substantially similar to vehicles originally manufactured for
importation into and sale in the United States that were certified by
their manufacturer as complying with the safety standards (the U.S.
certified version of the 2012 Fisker Karma PC), and they are capable of
being readily altered to conform to the standards.

DATES: This decision became effective on March 3, 2016.

ADDRESSES: For further information contact George Stevens, Office of
Vehicle Safety Compliance, NHTSA<PHONE_NUMBER>).

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 30141(a)(1)(A), a motor vehicle that was not
originally manufactured to conform to all applicable FMVSS shall be
refused

admission into the United States unless NHTSA has decided that the
motor vehicle is substantially similar to a motor vehicle originally
manufactured for importation into and sale in the United States,
certified as required under 49 U.S.C. 30115, and of the same model year
as the model of the motor vehicle to be compared, and is capable of
being readily altered to conform to all applicable FMVSS.
    Petitions for eligibility decisions may be submitted by either
manufacturers or importers who have registered with NHTSA pursuant to
49 CFR part 592. As specified in 49 CFR 593.7, NHTSA publishes notice
in the Federal Register of each petition that it receives, and affords
interested persons an opportunity to comment on the petition. At the
close of the comment period, NHTSA decides, on the basis of the
petition and any comments that it has received, whether the vehicle is
eligible for importation. The agency then publishes this decision in
the Federal Register.
    Wallace Environmental Testing Laboratories Inc. (WETL) of Houston,
Texas (Registered Importer R-90-005), petitioned NHTSA to decide
whether MY 2012 Fisker Karma PCs are eligible for importation into the
United States. NHTSA published a notice of the petition on December 10,
2015 (80 FR 76741) to afford an opportunity for public comment. The
reader is referred to that notice for a thorough description of the
petition.

Comments

    On January 15, 2015, comments were received from Derek Nelson
challenging the petition's representation that off-the-shelf U.S. model
components are readily available to replace non-U.S. model components,
including passenger seatbelt assemblies, passenger front airbag
modules, left knee bolsters, right knee bolsters, and instrument
clusters. Mr. Nelson further expressed the opinion that the MY 2012
Fisker Karma passenger cars should be imported only for display or
testing purposes, and that, upon completion of display or testing, the
vehicles should be exported or destroyed.
    On February 9, 2016, David Strader of Karma Automotive, LLC,
responded to Mr. Nelson's comments by stating that there are sufficient
quantities of U.S. specification, off-the-shelf, safety and
instrumentation components available to the general public from
authorized service providers in the U.S. He also stated that the list
of authorized service providers is available on the Web site
www.karmaautomotive.com.

Comments and Conclusions

    NHTSA has reviewed the petition, the comments from Mr. Nelson and
the response to those comments from Mr. Strader, and has concluded that
the vehicles covered by the petition are capable of being readily
altered to comply with all applicable FMVSS.
    However, NHTSA has additionally decided that any RI who imports or
modifies one of these vehicles must include in the statement of
conformity and associated documents (referred to as a ``conformity
package'') it submits to NHTSA under 49 CFR 592.6(d) additional
specific proof to confirm that the vehicle was manufactured to conform
to, or was successfully altered to conform to, FMVSS No. 208 Occupant
Protection. This proof must include detailed descriptions of all
modifications made to achieve conformity with the standard, including a
detailed description of the occupant protection system in place on the
vehicle at the time was delivered to the RI and a similarly detailed
description of the occupant protection system in place after the
vehicle is altered, including photographs of all required labeling. The
description must also include parts assembly diagrams and associated
part numbers for all components that were removed from or installed on
the vehicle, a description of how any computer programming changes were
completed, and a description of how compliance was verified after
alterations were completed. Photographs (e.g., monitor print screen
captures) or report printouts, as practicable, must be submitted as
proof that any computer reprogramming was carried out successfully.
    In addition to the information specified above, each conformity
package must also include evidence showing how the RI verified that any
changes it made in loading or reprogramming vehicle software to achieve
conformity with each separate FMVSS did not cause the vehicle to fall
out of compliance with any other applicable FMVSS.

Decision

    Accordingly, on the basis of the foregoing, NHTSA hereby decides
that MY 2012 Fisker Karma passenger cars that were not originally
manufactured to comply with all applicable FMVSS are substantially
similar to 2012 Fisker Karma PCs manufactured for importation into and/
or sale in the United States, and certified under 49 U.S.C. 30115, and
are capable of being readily altered to conform to all applicable
Federal Motor Vehicle Safety Standards.

Vehicle Eligibility Number for Subject Vehicles

    The importer of a vehicle admissible under any final decision must
indicate on the form HS-7 accompanying entry the appropriate vehicle
eligibility number indicating that the vehicle is eligible for entry.
VSP-577 is the vehicle eligibility number assigned to vehicles
admissible under this notice of final decision.

    Authority:  49 U.S.C. 30118, 30120: delegations of authority at
49 CFR 1.95 and 501.8.

Jeffrey M. Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2016-05164 Filed 3-8-16; 8:45 am]
 BILLING CODE 4910-59-P


[Federal Register Volume 77, Number 220 (Wednesday, November 14, 2012)]
[Notices]
[Pages 67847-67849]
[FR Doc No: 2012-27628]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-68178; File No. SR-CBOE-2012-104]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Amend the Fees Schedule

 November 7, 2012.
    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 October 26, 2012, Chicago Board Options Exchange, Incorporated
(the ``Exchange'' or ``CBOE'') 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 Commission is publishing this notice to solicit comments
on the proposed rule change from interested persons.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to amend its Fees Schedule. The text of the
proposed rule change is available on the Exchange's Web site
(www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the
Exchange's Office of the Secretary, and at the Commission.

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

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

1. Purpose
    The Exchange proposes to amend its Fees Schedule to remove dividend
spreads from the list of strategy executions for which fee caps apply.
Under the Exchange's current Fees Schedule, Market-maker, Clearing
Trading Permit Holder, broker-dealer and non-Trading Permit Holder
market-maker transaction fees are capped at $1,000 for a number of
strategy executions.\3\ The cap applies to each strategy execution
executed on the same trading day in the same option class. Transaction
fees for these strategies are further capped at $25,000 per month per
initiating Trading Permit Holder or Clearing Trading Permit Holder
(both caps described herein collectively as the ``Strategy Caps'').\4\
The Strategy Caps

may provide an incentive to engage in the strategy executions.
---------------------------------------------------------------------------

    \3\ See CBOE Fees Schedule, Footnote 13.
    \4\ Id.
---------------------------------------------------------------------------

    One strategy execution listed is a ``dividend strategy'', which is
defined as transactions done to achieve a dividend arbitrage involving
the purchase, sale and exercise of in-the-money options of the same
class, executed prior to the date on which the underlying stock goes
ex-dividend.\5\ Dividend strategy transactions are only executed by
Market-Makers. The Exchange proposes to remove dividend strategies from
the list of strategy executions that are subject to the Strategy Caps.
The Exchange has determined that it does not wish to continue to
provide an incentive via its Fees Schedule to engage in dividend
strategy trading because this strategy may encourage high volumes of
trading of certain securities near the ex-dividend date and present
operational risks to market participants with respect to clearing,
exercise, and assignment or other issues that may prevent the market
participant from the timely exercise of call options and collecting the
dividend owed. As such, the Exchange proposes to remove references to
dividend strategies from the Strategy Caps described in Footnote 13 of
the Fees Schedule. The definition of ``dividend strategy'' will be
removed from Footnote 13 as will all references to dividend strategies,
including references regarding the Strategy Caps and Index License
surcharge fees.
---------------------------------------------------------------------------

    \5\ Id.
---------------------------------------------------------------------------

    Footnote 11 of the CBOE Fees Schedule states that transaction fees
and contract volume resulting from any of the strategies defined in
Footnote 13 will not apply towards reaching the Exchange's Clearing
Trading Permit Holder Fee Cap in all Products Except SPX, SRO, VIX or
other Volatility Indexes, OEX or XEO (the ``CTPH Fee Cap'') and CBOE
Proprietary Products Sliding Scale for Clearing Trading Permit Holder
Proprietary Orders (the ``CTPH Sliding Scale'') volume thresholds.\6\
By removing dividend strategies from the list of strategy executions
described in Footnote 13, it would appear as though dividend strategy
executions would begin to apply towards reaching the CTPH Fee Cap and
CTPH Sliding Scale volume thresholds. However, because only Market-
Makers execute dividend strategy trades and the CTPH Fee Cap and CTPH
Sliding Scale both only apply to Clearing Trading Permit Holders, it
would be impossible for dividend strategy executions to apply towards
reaching the CTPH Fee Cap and CTPH Sliding Scale volume thresholds.
Therefore, no changes need to be made to the Fees Schedule regarding
dividend strategy executions and the CTPH Fee Cap and CTPH Sliding
Scale.
---------------------------------------------------------------------------

    \6\ See CBOE Fees Schedule, Footnote 11.
---------------------------------------------------------------------------

    The proposed change is not otherwise intended to address any other
matter, and the Exchange is not aware of any significant problem that
the affected market participants would have in complying with the
proposed change. The proposed change is to take effect on November 1,
2012.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Act and the rules and regulations thereunder applicable to the
Exchange and, in particular, the requirements of Section 6(b) of the
Act.\7\ Specifically, the Exchange believes the proposed rule change is
consistent with Section 6(b)(4) of the Act,\8\ which provides that
Exchange rules may provide for the equitable allocation of reasonable
dues, fees, and other charges among its Trading Permit Holders and
other persons using its facilities. The Exchange believes that the
proposed change is reasonable because the Strategy Caps may provide an
incentive to engage in dividend spreads and the Exchange has determined
that it no longer wishes to offer any potential incentive via its Fees
Schedule in light of the operational risks that dividend spreads may
present. The Exchange also believes that the proposed change is
equitable and not unfairly discriminatory because it would apply
equally to all market participants and because the remaining strategy
executions that would continue to be subject to the fee caps do not
present the same type of potential operational risks.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

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

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

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

    The Exchange neither solicited nor received comments on the
proposed rule change.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) \9\ of the Act and paragraph (f) of Rule 19b-4 \10\
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.
---------------------------------------------------------------------------

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

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-CBOE-2012-104 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CBOE-2012-104. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 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; 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-CBOE-2012-104 and should be submitted on or before
December 5, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
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    \11\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-27628 Filed 11-13-12; 8:45 am]
BILLING CODE 8011-01-P