[Federal Register: August 11, 2008 (Volume 73, Number 155)]
[Notices]
[Page 46612]
[DOCID:fr11au08-51]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13153-000]

FFP Ohio River 7, LLC; Notice of Preliminary Permit Applications
Accepted for Filing and Soliciting Comment, Motions To Intervene, and
Competing Applications

August 5, 2008.
    On March 25, 2008, FFP Ohio River 7, LLC each filed an application,
pursuant to section 4(f) of the Federal Power Act, proposing to study
the feasibility of the Ohio River 10 and Ohio River 7 Projects, to be
located on the Ohio River in Perry and Spencer Counties, Indiana and
Hancock County, Kentucky.
    The proposed Ohio River 7 Project consists of: (1) 2,400 proposed
20 kilowatt Free Flow generating units having a total installed
capacity of 48 megawatts, (2) a proposed transmission line, and (3)
appurtenant facilities. The FFP Ohio River 7, LLC, project would have
an average annual generation of 210.40 gigawatt-hours and be sold to a
local utility.
    Applicant Contact: Mr. Dan Irvin, FFP Ohio River 7, LLC, 69 Bridge
Street, Manchester, MA 01944, phone<PHONE_NUMBER>.
    FERC Contact: Robert Bell,<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Comments, motions to intervene, notices of intent, and competing
applications may be filed electronically via the Internet. See 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. If unable to be filed electronically,
documents may be paper-filed. To paper-file, an original and eight
copies should be mailed to: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426. For
more information on how to submit these types of filings please go to
the Commission's Web site located at http://www.ferc.gov/filing-
comments.asp. More information about this project can be viewed or
printed on the ``eLibrary'' link of Commission's Web site at http://
www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number (P-
13153) in the docket number field to access the document. For
assistance, call toll-free 1-866-208-3372.

Kimberly D. Bose,
Secretary.
[FR Doc. E8-18466 Filed 8-8-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 211 (Wednesday, October 31, 2012)]
[Rules and Regulations]
[Pages 65816-65818]
[FR Doc No: 2012-26808]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2010-0012]
RIN 1625-AA00

Safety Zone; Large Cruise Ships; Lower Mississippi River,
Southwest Pass Sea Buoy to Mile Marker 96.0; New Orleans, LA

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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

SUMMARY: The Coast Guard is establishing a moving safety zone around
large cruise ships as they transit the Lower Mississippi River between
the Port of New Orleans Cruise Ship Terminal, mile marker 96.0, and the
Southwest Pass Sea Buoy. The moving safety zone extends from bank to
bank encompassing one-mile ahead and one-mile astern of each cruise
ship. This safety measure is necessary to protect persons and vessels
from the potential safety hazards associated with congested maritime
traffic on the Lower Mississippi River.

DATES: This rule is effective December 5, 2012.

ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2010-0012. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Commander (LCDR) Brandon Sullivan, Sector New
Orleans, U.S. Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>If you have questions on viewing or
submitting material to the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Coast Guard published a Notice of Proposed Rulemaking on May
17, 2012, in the Federal Register, 77 FR 29254. The Coast Guard
received one comment. There were no requests for a Public Meeting.

B. Basis and Purpose

    The legal basis and authorities for this rule are found in 33
U.S.C. 1231, 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33
CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L. 107-295, 116 Stat. 2064;
and Department of Homeland Security Delegation No. 0170.1, which
collectively authorize the Coast Guard to establish and define
regulatory safety zones.
    The Coast Guard is establishing a moving safety zone around each
large cruise ship as it transits the Lower Mississippi River between
the Port of New Orleans Cruise Ship Terminal, mile marker 96.0, and the
Southwest Pass Sea Buoy to address the increasing risk to safe
navigation. For the purpose of this rule, the term ``large cruise
ship'' is defined as a vessel over 100 feet in length, carrying more
than 500 passengers for hire, making a voyage lasting more than 24
hours, any part of which is on the high seas, and for which passengers
are embarked or disembarked in the United States or its territories.
The marine transportation system on the lower Mississippi river has
seen a sustained growth over the years and there are more vessels on
the river than ever before. If a marine accident occurs involving a
large cruise ship there is a significantly higher potential for loss of
life than with any other type of commercial vessel. Therefore to
mitigate the risks and consequences associated with higher traffic, the
reduction of navigable space, and to protect lives, the Coast Guard is
establishing a moving safety zone around each large cruise ship. This
rule is intended to establish early passing or overtaking arrangements
thus increasing the time available for safe maneuvering.

C. Discussion of Comments, Changes and the Final Rule

    One comment was received which proposed a ship's automatic
identification system (AIS) or a virtual AIS aid to navigation be
incorporated into the proposed regulation. Although AIS is an effective
tool to enhance safe navigation it is not specific to this rule making.
Therefore, after consideration, the Coast Guard did not see a need to
alter the regulation.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 14 of these statutes or executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. The impacts on routine
navigation are expected to be minimal. The moving safety zones will not
interfere with a vessel's ability to make passing and overtaking
arrangements. Routine navigation around and near the safety zones will
not be impacted. The moving safety zone is intended to enable early
notification of passing or overtaking arrangements, providing
additional time and opportunity to negotiate navigational arrangements
and to maneuver without causing delay in transit for both the large
cruise ship and the other vessels operating in the area.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The Coast Guard
received 0 comments from the Small Business Administration on this
rule. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities. The moving safety zones are intended to enable early
notification that passing or overtaking arrangements may be necessary,
providing additional time and opportunity to negotiate navigational
arrangements, giving both vessels sufficient time to maneuver without
causing delay in transit.
    This rule will affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to transit
the Lower Mississippi River between mile marker 96.0, New Orleans, LA
and the Southwest Pass Sea Buoy during cruise ship transits.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

4. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves establishing a moving safety zone 1
mile ahead, 1 mile astern and bank to bank of large cruise ships on the
Lower Mississippi River. This rule is categorically excluded from
further review under paragraph 34(g) of Figure 2-1 of the Commandant
Instruction. An environmental analysis checklist supporting this
determination and a Categorical Exclusion Determination are available
in the docket where indicated under ADDRESSES. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine Safety, Navigation (water), Reporting and
recordkeeping requirements, Security Measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

0
2. Add Sec.  165.839 to read as follows:

Sec.  165.839  Safety Zone; Large Cruise Ships; Lower Mississippi
River, Southwest Pass Sea Buoy to Mile Marker 96.0, New Orleans, LA.

    (a) Location. Within the Lower Mississippi River and Southwest
Pass, moving safety zones are established around all large cruise ships
transiting between the Southwest Pass Entrance Lighted Buoy ``SW'', at
approximate position 28[deg]52'42'' N, 89[deg]25'54'' W [NAD 83] and
Lower Mississippi River mile marker 96.0 in New Orleans, Louisiana. The
moving safety zone extends bank to bank, encompassing all waters one-
mile ahead and one-mile astern of a large cruise ship. The zone remains
in effect during the entire transit of the large cruise ship.
    (b) Definitions. As used in this section the term ``large cruise
ship'' is defined as a vessel over 100 feet in length, carrying more
than 500 passengers for hire, making a voyage lasting more than 24
hours, any part of which is on the high seas, and for which passengers
are embarked or disembarked in the United States or its territories.
    (c) Regulations. (1) In accordance with the general regulations in
33 CFR Part 165, Subpart C, no person or vessel may enter or remain in
the Safety Zone except for vessels authorized by the Captain of the
Port or Designated Representatives, except as provided for in paragraph
(c)(3) of this section.
    (2) For this section the Pilot directing the movement of the large
cruise ship under the authority of the master has the authority to
allow other vessels to enter the safety zone when necessary.
    (3) All vessels are prohibited from entering this safety zone
unless authorized as follows:
    (i) Vessels that have made suitable passing or overtaking
arrangements with the pilot onboard the large cruise ship may enter
into this safety zone in accordance with those agreed upon
arrangements.
    (ii) Moored vessels or vessels anchored in a designated anchorage
area may remain in their current moored or anchored position while the
large cruise ship transits the area.
    (iii) Barge Fleets or vessels working a fleet may continue their
current operations while the large cruise ship transits the area.
    (4) Vessels requiring a deviation from this rule must request
permission from the Captain of the Port New Orleans. The Captain of the
Port New Orleans may be contacted at<PHONE_NUMBER>.

    Dated: July 20, 2012.
P.W. Gautier,
Captain, U.S. Coast Guard, Captain of the Port New Orleans.
[FR Doc. 2012-26808 Filed 10-30-12; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: April 15, 2009 (Volume 74, Number 71)]
[Notices]
[Page 17504-17505]
[DOCID:fr15ap09-100]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2009-0271]

Towing Safety Advisory Committee; Meetings

AGENCY: Coast Guard, DHS.

ACTION: Notice of meetings.

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

SUMMARY: The Towing Safety Advisory Committee (TSAC) and its working
groups on the Revision of Navigation and Vessel Inspection Circular
(NVIC) 04-01, and on the Clarification of Current Licensing Regulations
pertaining to Apprentice Mates (Steersmen) will meet in Dania Beach,
FL. The Committee will also discuss various issues relating to shallow-
draft inland and coastal waterway navigation and towing safety. All
meetings will be open to the public.

DATES: The working groups will meet on Wednesday, May 6, 2009, from 8
a.m. to 5 p.m. The full TSAC Committee will meet on, Thursday, May 7,
2009, from 8 a.m. to 3 p.m. These meetings may close early if all
business is finished. Written material and requests to make oral
presentations at the meetings should reach the Coast Guard on or before
April 24, 2009. Requests to have a copy of your material distributed to
each member of the Committee or working groups should reach the Coast
Guard electronically on or before April 24, 2009.

ADDRESSES: The working groups and TSAC will meet at the American
Maritime Officers STAR Center; 2 West Dixie Highway, Dania Beach, FL
33004; Phone:<PHONE_NUMBER>. TSAC is utilizing the Ft. Lauderdale
International Airport (FLL) which is nearby.
    Send written material and requests to make oral presentations to
TSAC's Assistant Designated Federal Officer (ADFO) in the FOR FURTHER
INFORMATION CONTACT section below. This notice is available on the
Internet at http://www.regulations.gov under the docket number USCG-
2009-0271.

FOR FURTHER INFORMATION CONTACT: Mr. Gerald P. Miante, ADFO, TSAC; U.S.
Coast Guard Headquarters, CG-5221, Room 1210; 2100 Second Street, SW.,

Washington, DC 20593-0001. Telephone<PHONE_NUMBER>, fax (202) 372-
1926, or e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Notice of these meetings is given under the
Federal Advisory Committee Act, 5 U.S.C. App. (Pub. L. 92-463).

Agenda of Meetings

    NVIC 04-01 Working Group. The agenda for the working group is to
discuss possible revisions to NVIC 04-01, Licensing and Manning for
Officers of Towing Vessels, including the enclosures on the Towing
Officer Assessment Records (TOARs). The current version of the NVIC can
be viewed at http://www.uscg.mil/hq/g-m/nvic/index00.htm#2001.
    Working Group for Clarification of Current Licensing Regulations
pertaining to Apprentice Mates (Steersmen). In the wake of the recent
collision between the towing vessel Mel Oliver and tanker Tintomara,
TSAC will study and clarify current regulations and develop Best
Practices for Apprentice Mates/Steersman Training Programs.
    Towing Safety Advisory Committee. The tentative agenda for the
Committee is as follows:
    (1) Update of the Towing Vessel Inspection Working Group;
    (2) Update on Commercial/Recreational Boating Interface;
    (3) Report on the Review and Recommendations for the Revision of
NVIC 4-01 ``Licensing and Manning for Officers of Towing Vessels;''
    (4) Report on the Review and Recommendations for the Clarification
of Current Licensing Regulations pertaining to Apprentice Mates
(Steersmen);
    (5) Update on National Maritime Center (NMC) activities;
    (6) Presentation on Automatic Identification System/Advance Notice
of Arrival (AIS/ANA);
    (8) Presentation on the Transportation Worker Identification
Credential (TWIC); and
    (9) Presentation on Bridging Strategy and Towing Vessel Center of
Expertise.

Procedural

    All meetings are open to the public. Please note that the meetings
may close early if all business is finished. At the Chair's discretion,
members of the public may make oral presentations during the meetings.
If you would like to make an oral presentation at a meeting, please
notify the ADFO no later than April 24, 2009. Written material (20
copies) for distribution at a meeting should reach the Coast Guard no
later than April 24, 2009. If you would like a copy of your material
distributed to each member of the Committee or Working Groups in
advance of a meeting, please submit it electronically to the ADFO, for
e-mail distribution, no later than April 24, 2009. Also at the Chair's
discretion, members of the public may present comment at the end of the
Public Meeting. Please understand that the Committee's schedule may be
quite demanding and time for public comment may be limited.

Information on Services for Individuals With Disabilities

    For information on facilities or services for individuals with
disabilities or to request special assistance at the meetings, contact
the ADFO as soon as possible.

    Dated: April 9, 2009.
J.G. Lantz,
Director of Commercial Regulations and Standards.
[FR Doc. E9-8615 Filed 4-14-09; 8:45 am]

BILLING CODE 4910-15-P


[Federal Register Volume 78, Number 69 (Wednesday, April 10, 2013)]
[Notices]
[Pages 21443-21447]
[FR Doc No: 2013-08385]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-69305; File No. SR-NYSEArca-2013-32]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Amending the NYSE
Arca Equities Schedule of Fees and Charges for Exchange Services

April 4, 2013.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on March 25, 2013, NYSE Arca, Inc. (the ``Exchange'' or
``NYSE Arca'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to

solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    The Exchange proposes to amend its Schedule of Fees and Charges for
Exchange Services (``Fee Schedule'') to (i) amend Step Up Tier 1 and
Step Up Tier 2 (the ``Step Up Tiers'') to increase the volume threshold
requirements needed to be eligible for each respective tier; (ii) amend
the Cross-Asset Tier to replace the numeric benchmark needed to be
eligible for the tier with a benchmark based on a percentage of options
contract volume; (iii) add a new Retail Order Cross-Asset Tier; (iv)
raise the fee charged for transactions in securities with a per share
price below $1.00; and (v) amend the options-related volume
requirements in certain tiers in the Fee Schedule to exclude volume in
mini options from contributing to the volume requirements of the
affected tiers. The Exchange proposes to implement the changes on April
1, 2013. The text of the proposed rule change is available on the
Exchange's Web site at www.nyse.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend its Fee Schedule to (i) amend the
Step Up Tiers to increase the volume threshold requirements needed to
be eligible for each respective tier; (ii) amend the Cross-Asset Tier
to replace the numeric benchmark needed to be eligible for the tier
with a benchmark based on a percentage of options contract volume;
(iii) add a new Retail Order Cross-Asset Tier; (iv) raise the fee
charged for transactions in securities with a per share price below
$1.00; and (v) amend the options-related volume requirements in certain
tiers in the Fee Schedule to exclude volume in mini options from
contributing to the volume requirements of the affected tiers. The
Exchange proposes to implement the changes on April 1, 2013.
Step Up Tiers
    Currently, in order to qualify for Step Up Tier 1, an ETP Holder on
a daily basis, measured monthly, must directly execute providing volume
on NYSE Arca in an amount that is an increase of no less than 0.15% of
U.S. consolidated average daily volume (``US CADV'') in Tape A, Tape B,
and Tape C securities for that month over the ETP Holder's average
daily providing volume in June 2011 (the ``Baseline Month''), subject
to a minimum increase of 15 million average daily providing shares.\4\
The Exchange proposes to increase the eligibility requirement for Step
Up Tier 1 to no less than 0.20% of US CADV for the month over the ETP
Holder's average daily providing volume in the Baseline Month, subject
to a minimum increase of 20 million average daily providing shares.
---------------------------------------------------------------------------

    \4\ US CADV means United States Consolidated Average Daily
Volume for transactions reported to the Consolidated Tape and
excludes volume on days when the market closes early. Transactions
that are not reported to the Consolidated Tape are not included in
US CADV. The Exchange currently makes this data publicly available
on a T + 1 basis from a link at http://www.nyxdata.com/US-and-European-Volumes.
---------------------------------------------------------------------------

    Similarly, in order to qualify for Step Up Tier 2, an ETP Holder on
a daily basis, measured monthly, must directly execute providing volume
on NYSE Arca in an amount that is an increase of no less than 0.10% of
US CADV for that month over the ETP Holder's average daily providing
volume in the Baseline Month, subject to a minimum increase of 10
million average daily providing shares. The Exchange proposes to
increase the eligibility requirement for Step Up Tier 2 to no less than
0.12% of US CADV for the month over the ETP Holder's average daily
providing volume in the Baseline Month, subject to a minimum increase
of 12 million average daily providing shares.
    By way of example, if an ETP Holder executed an average daily
providing volume of 5 million shares in the Baseline Month, then to
qualify for Step Up Tier 2 in a month where US CADV is 11 billion
shares, that ETP Holder would need to increase its average daily
providing volume by at least 13.2 million shares, or 0.12% of that
month's US CADV, for a total average daily providing volume of at least
18.2 million shares. If that same ETP Holder in that same month
increased its average daily providing volume by at least 22 million
shares, or 0.20% of that month's US CADV, for a total average daily
providing volume average of at least 27 million shares, then that ETP
Holder would qualify for Step Up Tier 1.\5\
---------------------------------------------------------------------------

    \5\ In addition, for both Step Up Tiers, those ETP Holders that
did not directly provide volume to NYSE Arca in the Baseline Month
will be treated as having an average daily providing volume of zero
for the Baseline Month. With respect to the increased percentage of
US CADV, the volume requirements to reach the Step Up Tiers' pricing
levels will adjust each calendar month based on the US CADV for that
given month.
---------------------------------------------------------------------------

    As previously explained,\6\ the goal of the Step Up Tiers is to
incent ETP Holders to increase the orders sent directly to NYSE Arca
and therefore provide liquidity that supports the quality of price
discovery and promotes market transparency. In the Step Up Tiers
Release, the Exchange explained that the Step Up Tiers were expected to
benefit ETP Holders whose increased order flow provided added levels of
liquidity (thereby contributing to the depth and market quality of the
Book) but who are still not eligible for Tier 1, 2 or 3, or Investor
Tier 1 or 2.\7\ For similar reasons, the Exchange believes that raising
the volume requirements needed to be eligible for each respective Step
Up Tier will continue to incent ETP Holders to increase the orders sent
directly to NYSE Arca and therefore provide liquidity that supports the
quality of price discovery and promotes market transparency. The
Exchange believes that this especially is the case given that the
credits for Tape A and Tape C securities under Step Up Tier 1
($0.00295) and Step Up Tier 2 ($0.0029) are substantially higher that
the credits for Tape A and Tape C securities under the Basic Rates
($0.0021) and Tier 3 ($0.0025).
---------------------------------------------------------------------------

    \6\ See Securities Exchange Act Release No. 64820 (July 6,
2011), 76 FR 40974 (July 12, 2011) (SR-NYSEArca-2011-41) (``Step Up
Tiers Release'').
    \7\ Id. at 76 FR 40975.
---------------------------------------------------------------------------

Cross-Asset Tier
    Currently, under the Cross-Asset Tier, ETP Holders and Market
Makers that (1) provide liquidity of 0.45% or more of the US CADV per
month in Tape A, Tape B, and Tape C securities combined, and (2) are
affiliated with an NYSE Arca Options Trading Permit (``OTP'') Holder or
OTP Firm that provides an average daily volume (``ADV'') of electronic
posted Customer executions in Penny Pilot issues on NYSE Arca Options
of at least 90,000 contracts receive a per share credit of $0.0030 for
orders in Tape A, Tape B

and Tape C securities that provide liquidity to the Book. The Exchange
proposes to replace the current fixed 90,000-contract requirement with
a variable requirement of at least 0.95% of total Customer equity and
exchange-traded fund (``ETF'') option (as discussed below, excluding
mini options) ADV, as reported by the Options Clearing Corporation
(``OCC'').\8\ The Exchange is proposing these changes to the Cross-
Asset Tier in order to make the eligibility requirement consistent with
the Exchange's other variable eligibility requirements that are based
on percentage of volume. The Exchange believes that using an
eligibility requirement based on percentage of volume will better
reflect fluctuations in trading volumes. In this respect, the Exchange
notes that Equity and ETF Customer volume is a widely followed
benchmark of industry volume and is indicative of industry market
share. The Exchange also notes that based on current volume, the 0.95%
volume requirement is consistent with the original 110,000 contract
requirement which was lowered July 1, 2012 due to concerns over
temporarily lower volume on NYSE Arca Options.\9\ The proposed changes
to the Cross-Asset Tier would thus eliminate the need to modify a fixed
number requirement because a threshold based on volume would
automatically make the necessary adjustments.
---------------------------------------------------------------------------

    \8\ The OCC provides volume information in two product
categories: equity and ETF volume and index volume, and the
information can be filtered to show only Customer, firm, or market
maker account type. Equity and ETF Customer volume numbers are
available directly from the OCC each morning, or may be transmitted,
upon request, free of charge from the Exchange. Total Industry
Customer equity and ETF option ADV is comprised of those equity and
ETF option contracts that clear in the customer account type at OCC,
including Exchange-Traded Fund Shares, Trust Issued Receipts,
Partnership Units, and Index-Linked Securities such as Exchange-
Traded Notes (see NYSE Arca Options Rule 5.3(g)-(j)), and does not
include contracts that clear in either the firm or market maker
account type at OCC or contracts overlying a security other than an
equity or ETF security. The Exchange notes that there is one Penny
Pilot issue, Mini NDX 100 Stock Index, that does not overlie an
equity or ETF security that is eligible for the Customer posting
credit. This Penny Pilot issue is not included in equity and ETF
option ADV; however, the Exchange expects that the effect on the
calculations for the qualification thresholds for tiered Customer
posting credits to be negligible. Under the proposed rule change,
Total Industry Customer equity and ETF option ADV will be that which
is reported for the month by OCC in the month in which the credits
may apply. The Exchange currently makes this data publicly available
on a T+1 basis from a link at http://www.nyxdata.com/factbook.
    \9\ See Securities Exchange Act Release Nos. 67180 (June 11,
2012), 77 FR 36027 (June 15, 2012) (SR-NYSEArca-2012-56) and 67424
(July 12, 2012), 77 FR 42347 (July 18, 2012) (SR-NYSE-Arca-2012-70).
---------------------------------------------------------------------------

Retail Order Cross-Asset Tier
    The Exchange also is proposing a new Retail Cross-Asset Tier. Under
the Retail Cross-Asset Tier, firms that execute at least 0.30% of US
CADV in retail orders and are affiliated with an NYSE Arca OTP Holder
or OTP Firm that provides an ADV of electronic posted Customer
executions in customer penny pilot options of at least 0.50% of total
Customer equity and ETF option (as discussed below, excluding mini
options) ADV would qualify for a $.0034 rebate for retail orders that
provide liquidity. The Retail Cross-Asset Tier would provide firms with
a second way to qualify for the $0.0034 rebate (in addition to Investor
Tier 1) using equity retail and options customer post. The Exchange
notes that the $0.0034 rebate is $.0001 higher than the current Retail
Order Tier in light of the tier including an additional options
requirement and a higher equity retail requirement.
Sub-$1.00 Securities
    Currently, a fee of 0.2% of the total dollar value of the
transaction is charged for transactions with a per share price below
$1.00 that take liquidity from the Book. The Exchange proposes raising
the fee from 0.2% of the total dollar value of the transaction to 0.3%
of the total dollar value of the transaction. The Exchange is proposing
these changes as they are consistent with similar fee amounts charged
by other exchanges.\10\
---------------------------------------------------------------------------

    \10\ See, e.g., DirectEdge Fee Schedule, available at http://www.directedge.com/Membership/FeeSchedule/EDGXFeeSchedule.aspx; and
Nasdaq Fee Schedule, available at http://www.nasdaqtrader.com/Trader.aspx?id=PriceListTrading2#execution.
---------------------------------------------------------------------------

Mini Options
    The Exchange proposes to amend the Fee Schedule to specifically
exclude volume in mini options from contributing to the volume
requirements for tiers with an options volume-related component.
Specifically, the proposed amendment would exclude volume in mini
options from contributing to the volume requirements in Tier 1 and the
Cross-Asset Tier. Mini option volume similarly would be excluded from
the proposed Retail Order Cross-Asset Tier discussed above.
    The proposed changes are not otherwise intended to address any
other problem, and the Exchange is not aware of any significant problem
that the affected market participants would have in complying with the
proposed changes.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\11\ in general, and furthers the
objectives of Sections 6(b)(4) and 6(b)(5) of the Act,\12\ in
particular, because it provides for the equitable allocation of
reasonable dues, fees, and other charges among its members, issuers and
other persons using its facilities and does not unfairly discriminate
between customers, issuers, brokers or dealers.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78f(b).
    \12\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

    The Exchange believes that the proposed amendments to the Step Up
Tiers that raise the volume requirements needed to be eligible for each
respective tier are reasonable because the proposed changes are
designed to further incent ETP Holders to increase the orders sent
directly to NYSE Arca and therefore provide liquidity that supports the
quality of price discovery and promotes market transparency. The
Exchange believes that this is especially the case given that the
credits for Tape A and Tape C securities under Step Up Tier 1
($0.00295) and Step Up Tier 2 ($0.0029) are substantially higher than
the credits for Tape A and Tape C securities under Basic Rates
($0.0021) and Tier 3 ($0.0025). The Exchange further believes that the
proposed amendments to the Step Up Tiers are equitable and not unfairly
discriminatory because they will benefit ETP Holders whose increased
order flow provides added levels of liquidity (thereby contributing to
the depth and market quality of the Book), but who may still not be
eligible for Tier 1, 2 or 3, or other tiers. Moreover, the Step Up
Tiers are available for all ETP Holders to satisfy.
    The Exchange believes that the proposal to amend the Cross-Asset
Tier to replace the current fixed benchmark needed to be eligible for
the tier with a variable benchmark based on a percentage of volume is
reasonable because it will make the eligibility requirement consistent
with the Exchange's other variable eligibility requirements that also
are based on percentage of volume. In addition, the Exchange believes
that expanding the basis for the Cross-Asset Tier to include all
Customer equity and ETF options ADV will better reflect the correlation
between options trading and the underlying securities, which trade at
the Exchange, including ETFs. In this respect, the Exchange notes that
Equity and ETF Customer volume is a widely followed benchmark of
industry volume and is indicative of industry market

share.\13\ In addition, the Exchange believes that the proposed
amendments to the Cross-Asset Tier are equitable and not unfairly
discriminatory because they will apply to all ETP Holders and Market
Makers.
---------------------------------------------------------------------------

    \13\ See supra note 8.
---------------------------------------------------------------------------

    Moreover, the Cross-Asset Tier is available for all ETP Holders to
satisfy, except for those ETP Holders that are not affiliated with an
NYSE Arca Options OTP Holder or OTP Firm. However, the Exchange notes
that ETP Holders that are not affiliated with an NYSE Arca Options OTP
Holder or OTP Firm are still eligible for the $0.0030 Cross-Asset Tier
rate when they qualify for one of the other Tiers described in the Fee
Schedule (e.g., Tier 1).
    The Exchange believes that the proposal to add the new Retail Order
Cross-Asset Tier is reasonable because it would provide firms with a
way in which to qualify for $0.0034 rebate through equity retail and
options customer orders. The Exchange further believes that the
proposed Retail Order Cross-Asset Tier is equitable and not unfairly
discriminatory because a firm that does not submit options orders can
still be eligible for the $0.0034 rebate available from Investor Tier
1.
    The Exchange believes that the proposal to raise the fee charged
for transactions with a per share price below $1.00 that take liquidity
from the Book from 0.2% to 0.3% of the total dollar value of the
transaction is reasonable because the proposed new rate is consistent
with similar fee amounts charged by other exchanges.\14\ The Exchange
further believes that the proposed fee increase is equitable and not
unfairly discriminatory because it will apply to all transactions that
take liquidity from the Exchange in securities with a per share price
below $1.00.
---------------------------------------------------------------------------

    \14\ See supra note 10.
---------------------------------------------------------------------------

    Finally, the Exchange believes that the proposal to exclude volume
in mini options from contributing to the option volume requirements for
Tier 1, the Cross-Asset Tier and the proposed Retail Order Cross-Asset
Tier is reasonable because the options volume requirement currently in
place in the fee schedule were established prior to the existence of
mini options, a new product on NYSE Arca Options. Because mini options
are such a new product, the Exchange believes it is reasonable to
exclude mini option volume in this way. The Exchange further believes
that the proposal to exclude volume in mini options from the tiers
mentioned above is equitable and not unfairly discriminatory because
all market participants that are eligible for the affected tiers will
be similarly situated.

 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 particular, the proposed
amendments to the Step Up Tiers that raise the volume requirement
needed to be eligible for each respective tier are designed to incent
ETP Holders and Market Makers to increase the volume of orders sent
directly to NYSE Arca and therefore provide liquidity that supports the
quality of price discovery and promotes market transparency.
    The proposal to amend the Cross-Asset Tier to replace the numeric
benchmark needed to be eligible for the tier with a benchmark based on
a percentage of volume will not place an undue burden on competition
because it will apply uniformly to all ETP Holders and Market Makers.
The proposal to add the new Retail Order Cross-Asset Tier will not
place an undue burden on competition because all firms can be eligible
for the $0.0034 credit, as those firms that do not submit options
orders can still qualify to receive the $0.0034 rebate by meeting the
requirements of Investor Tier 1.
    The proposal to raise the fee charged for transactions with a per
share price below $1.00 from 0.2% to 0.3% of the total value of orders
that take liquidity from the Book is consistent with similar fees
charged by other exchanges. Finally, the proposal to exclude volume in
mini options from contributing to the option volume requirements for
Tier 1, the Cross-Asset Tier and the proposed Retail Order Cross-Asset
Tier will not place an undue burden on competition because all market
participants will be similarly situated in their inability to the use
volume in mini options to satisfy the options volume requirements of
the affected tiers.
    The Exchange notes that it operates in a highly competitive market
in which market participants can readily favor competing venues. In
such an environment, the Exchange must continually review, and consider
adjusting, its fees and credits to remain competitive with other
exchanges. For the reasons described above, the Exchange believes that
the proposed change reflects this competitive environment.

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A)(ii) of the Act \15\ because it establishes a due,
fee, or other charge imposed by NYSE Arca. At any time within 60 days
of the filing of such proposed rule change, the Securities and Exchange
Commission (``Commission'') summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \16\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \16\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2013-32 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-NYSEArca-2013-32. 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
such filing also will be available for inspection and copying at the
principal offices of NYSE Arca. 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-NYSEArca-2013-32, and should be submitted on or before
May 1, 2013.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
---------------------------------------------------------------------------

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

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-08385 Filed 4-9-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: December 16, 2008 (Volume 73, Number 242)]
[Notices]
[Page 76371]
[DOCID:fr16de08-70]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

Agency Information Collection Activities: Submission for OMB
Review; Comment Request

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice; 30-day notice and request for comments; Revision of a
currently approved collection, OMB Number 1660-0008, FEMA Form 81-31,
FEMA Form 81-65.

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

SUMMARY: The Federal Emergency Management Agency (FEMA) has submitted
the following information collection to the Office of Management and
Budget (OMB) for review and clearance in accordance with the
requirements of the Paperwork Reduction Act of 1995. The submission
describes the nature of the information collection, the categories of
respondents, the estimated burden (i.e., the time, effort and resources
used by respondents to respond) and cost, and includes the actual data
collection instruments FEMA will use.

Collection of Information

    Title: Post Construction Elevation Certificate/Floodproofing
Certificate.
    OMB Number: 1660-0008.
    Form Numbers: FEMA Form 81-31, Elevation Certificate, FEMA Form 81-
65, Floodproofing Certificate.
    Abstract: The Elevation Certificate and Floodproofing Certificate
are used in conjunction with the application for flood insurance (OMB
No. 1660-0006, National Flood Insurance Program Policy Forms). The
certificates are required for proper rating of post Flood Insurance
Rate Map (FIRM) structures, which are buildings constructed after the
publication of the FIRM, for flood insurance in Special Flood Hazard
Areas. In addition, the Elevation Certificate is needed for pre-FIRM
structures being rated under post-FIRM flood insurance rules. The
certificates provide community officials and others standardized
documents to readily record needed building elevation information. NFIP
policyholders/applicants provide the appropriate certificate to
insurance agents. The certificate is then used in conjunction with the
insurance application so that the building can be properly rated for
flood insurance.
    Affected Public: Individuals and households, Business or other for-
profit, State, local or Tribal Government, Farms, Not-for-profit
institutions.
    Number of Respondents: 2,200.
    Estimated Time per Respondent: 3.75.
    Estimated Total Annual Burden Hours: 8,245 hours.
    Frequency of Response: On Occasion.
    Comments: Interested persons are invited to submit written comments
on the proposed information collection to the Office of Information and
Regulatory Affairs, Office of Management and Budget. Comments should be
addressed to Desk Officer for the Department of Homeland Security,
Federal Emergency Management Agency, and sent via electronic mail to
<EMAIL_ADDRESS>or faxed to<PHONE_NUMBER>. Comments must
be submitted on or before January 15, 2009.

FOR FURTHER INFORMATION CONTACT: Requests for additional information or
copies of the information collection should be made to Acting Director,
Records Management Division, 500 C Street, SW., Washington, DC 20472,
Mail Drop Room 301, facsimile number<PHONE_NUMBER>, or e-mail address
<EMAIL_ADDRESS>
Samuel C. Smith,
Acting Director, Records Management Division, Office of Management,
Federal Emergency Management Agency, Department of Homeland Security.
[FR Doc. E8-29768 Filed 12-15-08; 8:45 am]

BILLING CODE 9110-11-P


[Federal Register Volume 87, Number 224 (Tuesday, November 22, 2022)]
[Notices]
[Pages 71321-71325]
[FR Doc No: 2022-25428]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2022-0222; FRL-10372-01-OCSPP]

Notice of Receipt of Requests To Voluntarily Cancel Certain
Pesticide Registrations and Amend Registrations To Terminate Certain
Uses

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: In accordance with the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA), EPA is issuing a notice of receipt of requests
by the registrants to voluntarily cancel certain product registrations
and to amend certain product registrations to terminate one or more
uses. EPA intends to grant these requests at the close of the comment
period for this announcement unless the Agency receives substantive
comments within the comment period that would merit its further review
of the requests, or unless the registrants withdraw its requests. If
these requests are granted, any sale, distribution, or use of products
listed in this notice will be permitted after the registrations have
been cancelled or uses terminated only if such sale, distribution, or
use is consistent with the terms as described in the final order.

DATES: Comments must be received on or before December 22, 2022.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2022-0222, through the Federal eRulemaking
Portal at https://www.regulations.gov. Follow the online instructions
for submitting comments. Do not submit electronically any information
you consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Additional
instructions on commenting and visiting the docket, along with more
information about dockets generally, is available at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Christopher Green, Registration
Division (7505T), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>; email address:
[email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general and may be of
interest to a

wide range of stakeholders including environmental, human health, and
agricultural advocates; the chemical industry; pesticide users; and
members of the public interested in the sale, distribution, or use of
pesticides. Since others also may be interested, the Agency has not
attempted to describe all the specific entities that may be affected by
this action.

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When preparing and submitting
your comments, see the commenting tips at https://www.epa.gov/dockets/commenting-epa-dockets.

II. What action is the Agency taking?

    This notice announces receipt by EPA of requests from registrants
to cancel certain pesticide product registrations and terminate certain
uses of product registrations. The affected products and the
registrants making the requests are identified in Tables 1-3 of this
unit.
    Unless a request is withdrawn by the registrant or if the Agency
determines that there are substantive comments that warrant further
review of this request, EPA intends to issue an order canceling and
amending the affected registrations.

  Table 1--Product Registrations With Pending Requests for Cancellation
------------------------------------------------------------------------
                                                             Active
   Registration No.     Company No.     Product name       ingredients
------------------------------------------------------------------------
228-713...............          228  TVC--Consumer      Glyphosate-
                                      Concentrate.       Isopropylammoni
                                                         um (103601/
                                                         38641-94-0)--(5
                                                         .03%),
                                                         Imazapyr,
                                                         Isopropylamine
                                                         Salt (128829/
                                                         81510-83-0)--(.
                                                         089%).
228-714...............          228  TVC Consumer RTU.  Glyphosate-
                                                         Isopropylammoni
                                                         um (103601/
                                                         38641-94-0)--(1
                                                         .02%),
                                                         Imazapyr,
                                                         Isopropylamine
                                                         Salt (128829/
                                                         81510-83-0)--(.
                                                         018%).
264-1156..............          264  QRD 406..........  Chenopodium
                                                         Ambrosioides
                                                         Var.
                                                         Ambrosioides
                                                         (599995/89997-
                                                         47-7)--(100%).
264-1157..............          264  QRD 400..........  Chenopodium
                                                         Ambrosioides
                                                         Var.
                                                         Ambrosioides
                                                         (599995/89997-
                                                         47-7)--(25%).
264-1187..............          264  Oberon Speed.....  Abamectin
                                                         (122804/71751-
                                                         41-2)--(1.08%),
                                                         Spiromesifen
                                                         (024875/283594-
                                                         90-1)--(21.57%)
                                                         .
352-590...............          352  Dupont Cover       Sulfentrazone
                                      Herbicide.         (129081/122836-
                                                         35-5)--(75%).
499-488...............          499  TC 223...........  Diflubenzuron
                                                         (108201/35367-
                                                         38-5)--(.25%).
499-501...............          499  Prescription       Propoxur (047802/
                                      Treatment Brand    114-26-1)--(1%)
                                      PT 224B.           .
524-543...............          524  Mon 78481          Carfentrazone-
                                      Herbicide.         Ethyl (128712/
                                                         128639-02-1)--(
                                                         .19%), Glycine,
                                                         N-
                                                         (Phosphonomethy
                                                         l)- Potassium
                                                         Salt (103613/
                                                         70901-12-1)--(4
                                                         4.76%).
707-304...............          707  Rocima 65          1,3,5-Triazine-
                                      Industrial         2,4-Diamine, N-
                                      Microbicide.       Cyclopropyl-N'-
                                                         (1,1-
                                                         Dimethylethyl)-
                                                         6-(Methylthio)-
                                                         (128996/28159-
                                                         98-0)--(3.5%)
                                                         ,3(2h)-
                                                         Isothiazolone,
                                                         4,5-Dichloro-2-
                                                         Octyl- (128101/
                                                         64359-81-5)--(5
                                                         %), Carbendazim
                                                         (128872/10605-
                                                         21-7)--(9%).
1381-198..............         1381  Execute S-P        Pirimiphos-
                                      Insecticide.       Methyl (108102/
                                                         29232-93-7)--(5
                                                         7%), Spinosad
                                                         (110003/131929-
                                                         60-7)--(22.8%).
1381-221..............         1381  Imid+Meta+Tebu...  Imidacloprid
                                                         (129099/138261-
                                                         41-3)--(12.7%),
                                                         Metalaxyl
                                                         (113501/57837-
                                                         19-1)--(.82%),
                                                         Tebuconazole
                                                         (128997/107534-
                                                         96-3)--(.62%).
1381-242..............         1381  IMT ST...........  Imidacloprid
                                                         (129099/138261-
                                                         41-3)--(11.374%
                                                         ), Metalaxyl
                                                         (113501/57837-
                                                         19-1)--(.607%),
                                                         Tebuconazole
                                                         (128997/107534-
                                                         96-3)--(.455%).
8329-72...............         8329  Mosquito           Mineral Oil--
                                      Larvicide GB-      Includes
                                      1111.              Paraffin Oil
                                                         From 063503
                                                         (063502/8012-95-
                                                         1)--(98.7%).
10163-230.............        10163  Mesurol Technical  Methiocarb
                                      Insecticide.       (100501/2032-65-
                                                         7)--(98.8%).
10163-231.............        10163  Mesurol 75-W.....  Methiocarb
                                                         (100501/2032-65-
                                                         7)--(75%).
28293-123.............        28293  Unicorn Malathion  Malathion (No
                                      Spray 1.           Inert Use)
                                                         (057701/121-75-
                                                         5)--(57%).
34704-853.............        34704  Treflan 4L         Trifluralin
                                      Herbicide.         (036101/1582-09-
                                                         8)--(43%).
34704-872.............        34704  Ginmaster Cotton   Diuron (035505/
                                      Defoliant.         330-54-1)--(6%)
                                                         , Thidiazuron
                                                         (120301/51707-
                                                         55-2)--(12%).
34704-895.............        34704  Colt.............  Clopyralid,
                                                         Monoethanolamin
                                                         e Salt (117401/
                                                         57754-85-5)--(1
                                                         1.3%),
                                                         Fluroxypyr-
                                                         Meptyl (128968/
                                                         81406-37-3)--(1
                                                         2.3%).
34704-1004............        34704  LPI Chlor-Metsul.  Chlorsulfuron
                                                         (118601/64902-
                                                         72-3)--(62.5%),
                                                         Metsulfuron
                                                         (122010/74223-
                                                         64-6)--(12.5%).
35935-94..............        35935  TVC -Super         Glyphosate
                                      Concentrate.       (417300/1071-83-
                                                         6)--(43.68%),
                                                         Imazapyr
                                                         (128821/81334-
                                                         34-1)--(.78%).
40810-11..............        40810  Irgarol 1051.....  1,3,5-Triazine-
                                                         2,4-Diamine, N-
                                                         Cyclopropyl-N'-
                                                         (1,1-
                                                         Dimethylethyl)-
                                                         6-(Methylthio)-
                                                         (128996/28159-
                                                         98-0)--(98.6%).

40810-15..............        40810  Irgarol 1071.....  1,3,5-Triazine-
                                                         2,4-Diamine, N-
                                                         Cyclopropyl-N'-
                                                         (1,1-
                                                         Dimethylethyl)-
                                                         6-(Methylthio)-
                                                         (128996/28159-
                                                         98-0)--(98.6%).
47000-107.............        47000  Prozap Malathion   Malathion (No
                                      57% Emulsifiable   Inert Use)
                                      Liquid             (057701/121-75-
                                      Insecticide-B.     5)--(57%).
66222-240.............        66222  Mana               Diflubenzuron
                                      Diflubenzuron      (108201/35367-
                                      80WG.              38-5)--(80%).
83822-1...............        83822  Weed2 & Feed       Dithiopyr
                                      Mulch.             (128994/97886-
                                                         45-8)--(.0002%)
                                                         , Isoxaben
                                                         (125851/82558-
                                                         50-7)--(.0005%)
                                                         .
AR-100001.............          279  Spartan Charge     Carfentrazone-
                                      Herbicide.         ethyl 3.53%
                                                         Sulfentrazone
                                                         31.77%.
CA-170004.............        62719  Sequoia            Sulfoxaflor
                                      (Alternate),       21.8%.
                                      Closer SC
                                      (Active).
CA-170009.............        71693  Aspergillus        Aspergillus
                                      Flavus AF36        flavus strain
                                      Prevail.           AF36 .0008%.
FL-070003.............        62719  Cleanwave........  Aminopyralid-
                                                         Tripromine
                                                         (005209/566191-
                                                         89-7)--(1.92%),
                                                         Fluroxypyr-
                                                         Meptyl (128968/
                                                         81406-37-3)--(2
                                                         0.22%).
KS-220002.............          264  USH0720[supreg]..  Flufenacet
                                                         (121903/142459-
                                                         58-3)--(28.5%),
                                                         Isoxaflutole
                                                         (123000/141112-
                                                         29-0)--(5.7%),
                                                         Thiencarbazone-
                                                         Methyl (015804/
                                                         317815-83-1)--(
                                                         2.28%).
MO-220001.............          264  USH0720[supreg]..  Flufenacet
                                                         (121903/142459-
                                                         58-3)--(28.5%),
                                                         Isoxaflutole
                                                         (123000/141112-
                                                         29-0)--(5.7%),
                                                         Thiencarbazone-
                                                         Methyl (015804/
                                                         317815-83-1)--(
                                                         2.28%).
WA-210002.............        62719  Entrust SC.......  Spinosad 22.5%.
WI-130002.............        62719  Starane Ultra      Fluroxypyr-
                                      Herbicide.         meptyl 45.52%.
WI-150002.............        62719  Starane Ultra      Fluroxypyr-
                                      Herbicide.         meptyl 45.52%.
------------------------------------------------------------------------

                    Table 2--Product Registrations With Pending Requests for Use Terminations
----------------------------------------------------------------------------------------------------------------
                                                                                Uses to be
         Registration No.          Company No.      Product name        Active ingredient        terminated
----------------------------------------------------------------------------------------------------------------
1021-2720........................         1021  Pramix Technical      Permethrin (109701/   Wood Treatment &
                                                 Insecticide.          52645-53-1)--(95%).   Protection Uses.
1021-2741........................         1021  Pramex Tech I.......  Permethrin (109701/   Wood Treatment &
                                                                       52645-53-1)--(94%).   Protection Uses.
1021-2748........................         1021  Pramex B Technical    Permethrin (109701/   Wood Treatment &
                                                 Insecticide.          52645-53-1)--(96.1%   Protection Uses.
                                                                       ).
1021-2772........................         1021  Pramex TG...........  Permethrin (109701/   Wood Treatment &
                                                                       52645-53-1)--(95.5%   Protection Uses.
                                                                       ).
1021-2775........................         1021  Pramex 98.5% TG.....  Permethrin (109701/   Wood Treatment &
                                                                       52645-53-1)--(98.5%   Protection Uses.
                                                                       ).
5905-595.........................         5905  Ethephon 3#.........  Citric Acid (I)       Uses on residential
                                                                       (821801/77-92-9)--    turf/lawns,
                                                                       (%), Ethephon (A)     institutional turf,
                                                                       (099801/16672-87-     parks, recreational
                                                                       0)--(27%), Toluene    fields or sod
                                                                       (See Comments) (I)    farms.
                                                                       (880601/108-88-3)--
                                                                       (%), Water (I)
                                                                       (800001/7732-18-5)--
                                                                       (%), Xylene (I)
                                                                       (886802/1330-20-7)--
                                                                       (%).
5905-615.........................         5905  Omni Brand Ethephon   Ethephon (A) (099801/ Uses on residential
                                                 2 lb.                 16672-87-0)--(21.7%   turf/lawns,
                                                                       ), Water (I)          institutional turf,
                                                                       (800001/7732-18-5)--  parks, recreational
                                                                       (70.6%).              fields or sod
                                                                                farms.
35935-81.........................        35935  NuFarm Ethephon MUP.  Ethephon (099801/     Non-Golf Turf Uses.
                                                                       16672-87-0)--(75%).
66222-151........................        66222  Ethephon 2SL........  Ethephon (099801/     Turf Uses.
                                                                       16672-87-0)--(21.7%
                                                                       ).
69969-7..........................        69969  AV-5055.............  Anthraquinone         Municipal Sites,
                                                                       (122701/84-65-1)--    Urban Areas, Sports
                                                                       (18.6%).              Fields, Park
                                                                                Grounds, Home Lawns
                                                                                & Golf Courses.
69969-8..........................        69969  Anthraquinone         Anthraquinone         Municipal Sites,
                                                 Technical.            (122701/84-65-1)--    Urban Areas, Sports
                                                                       (99.68%).             Fields, Park
                                                                                Grounds,
                                                                                Residential
                                                                                Buildings/Home
                                                                                Lawns & Golf
                                                                                Courses.
70506-459........................        70506  Ethephon 2#.........  Ethephon (099801/     Use on Institutional
                                                                       16672-87-0)--(21.7%   Turf.
                                                                       ).
70506-464........................        70506  Ethephon 3.9% H&G...  Ethephon (099801/     Uses on Lawns and
                                                                       16672-87-0)--(3.9%).  Parks.
----------------------------------------------------------------------------------------------------------------

    Table 3 of this unit includes the names and addresses of record for
the registrants of the products listed in Table 1 and Table 2 of this
unit, in sequence by EPA company number. This number corresponds to the
first part of the EPA registration numbers of the products listed in
Table 1 and Table 2 of this unit.

    Table 3--Registrants Requesting Voluntary Cancellation and/or Use
                              Terminations
------------------------------------------------------------------------
          EPA company No.                 Company name and address
------------------------------------------------------------------------
228...............................  NuFarm Americas, Inc. 4020 Aerial
                                     Center Pkwy., Ste. 101 Morrisville,
                                     NC 27560.
264...............................  Bayer CropScience, LP Agent: Bayer
                                     CropScience, LLC 801 Pennsylvania
                                     Avenue, Suite 900, Washington, DC
                                     20004.
279...............................  FMC Corporation, 2929 Walnut Street,
                                     Philadelphia, PA 19104.
352...............................  Corteva Agriscience, LLC, 9330
                                     Zionsville Road, Indianapolis, IN
                                     46268.
499...............................  BASF Corporation, 26 Davis Drive,
                                     Research Triangle Park, NC 27709-
                                     3528.
524...............................  Bayer CropScience, LP, 801
                                     Pennsylvania Ave. NW, Suite 900,
                                     Washington, DC 20004.
707...............................  Nutrition & Biosciences USA 2, LLC,
                                     1652 Larkin Center Drive, 100
                                     Larkin Center, Midland, MI 48642.
1021..............................  McLaughlin Gormley King Company, D/B/
                                     A MGK, 7325 Aspen Lane N,
                                     Minneapolis, MN 55428.
1381..............................  Winfield Solutions, LLC, P.O. Box
                                     64589, St. Paul, MN 55164-0589.
5905..............................  Helena Agri-Enterprises, LLC, D/B/A
                                     Helena Chemical Comp, 225 Schilling
                                     Blvd., Suite 300, Collierville, TN
                                     38017.
8329..............................  Clarke Mosquito Control Products,
                                     Inc., 675 Sidwell Court, St.
                                     Charles, IL 60174.
10163.............................  Gowan Company, LLC, 370 S. Main St.,
                                     Yuma, AZ 85366.
28293.............................  Phaeton Corp., D/B/A Unicorn
                                     Laboratories, 1501 E Woodfield
                                     Road, Suite 200W, Schaumberg, IL
                                     60173.
34704.............................  Loveland Products, Inc., Agent:
                                     Pyxis Regulatory Consulting, Inc.,
                                     4110 136th Street CT NW, Gig
                                     Harbor, WA 98332.
35935.............................  NuFarm Limited, Agent: NuFarm
                                     Americas, Inc., 4020 Aerial Center
                                     Pkwy., Ste. 101, Morrisville, NC
                                     27560.
40810.............................  BASF Corporation, 100 Park Avenue,
                                     Florham Park, NJ 07932.
47000.............................  Chem-Tech, Ltd., 620 Lesher Place,
                                     Lansing, MI 48912.
62719.............................  Corteva Agriscience, LLC, 9330
                                     Zionsville Road, Indianapolis, IN
                                     46268.
66222.............................  Makhteshim Agan of North America,
                                     Inc., D/B/A Adama, 3120 Highwoods
                                     Blvd., Suite 100, Raleigh, NC
                                     27604.
69969.............................  Arkion Life Sciences, LLC, Agent
                                     Name: Wagner Regulatory Associates,
                                     Inc., P.O. Box 640, Hockessin, DE
                                     19707.
70506.............................  UPL NA, Inc., 630 Freedom Business
                                     Center, Suite 402, King of Prussia,
                                     PA 19406.
71693.............................  Arizona Cotton Research and
                                     Protection Council, Agent Name: IR-
                                     4 Project, Rutgers University, 500
                                     College Road East, Suite 201W
                                    Princeton, NJ 08540.
83822.............................  Mulch Manufacturing, Inc., 6747
                                     Taylor Road SW, Reynoldsburg, OH
                                     43068.
89969.............................  Arkion Life Sciences, LLC, Agent
                                     Name: Wagner Regulatory Associates,
                                     Inc., P.O. Box 640, Hockessin, DE
                                     19707.
------------------------------------------------------------------------

III. What is the Agency's authority for taking this action?

    Section 6(f)(1) of FIFRA (7 U.S.C. 136d(f)(1)) provides that a
registrant of a pesticide product may at any time request that any of
its pesticide registrations be canceled or amended to terminate one or
more uses. FIFRA further provides that, before acting on the request,
EPA must publish a notice of receipt of any such request in the Federal
Register.
    Section 6(f)(1)(B) of FIFRA (7 U.S.C. 136d(f)(1)(B)) requires that
before acting on a request for voluntary cancellation, EPA must provide
a 30-day public comment period on the request for voluntary
cancellation or use termination. In addition, FIFRA section 6(f)(1)(C)
(7 U.S.C. 136d(f)(1)(C)) requires that EPA provide a 180-day comment
period on a request for voluntary cancellation or termination of any
minor agricultural use before granting the request, unless:
    1. The registrants request a waiver of the comment period, or
    2. The EPA Administrator determines that continued use of the
pesticide would pose an unreasonable adverse effect on the environment.
    The registrants have requested that EPA waive the 180-day comment
period.
    Accordingly, EPA will provide a 30-day comment period on the
proposed requests.

IV. Procedures for Withdrawal of Requests

    Registrants who choose to withdraw a request for product
cancellation or use deletion should submit the withdrawal in writing to
the person listed under FOR FURTHER INFORMATION CONTACT. If the
products have been subject to a previous cancellation action, the
effective date of cancellation and all other provisions of any earlier
cancellation action are controlling.

V. Provisions for Disposition of Existing Stocks

    Existing stocks are those stocks of registered pesticide products
that are currently in the United States and that were packaged,
labeled, and released for shipment prior to the effective date of the
action. If the requests for voluntary cancellation and amendments to
terminate uses are granted, the Agency intends to publish the
cancellation order in the Federal Register.
    In any order issued in response to these requests for cancellation
of product registrations and for amendments to terminate uses, EPA
proposes to include the following provisions for the treatment of any
existing stocks of the products listed in Tables 1 and 2 of Unit II.
    For voluntary product cancellations, listed in Table 1 of Unit II,
registrants will be permitted to sell and distribute existing stocks of
voluntarily canceled products for 1 year after the effective date of
the cancellation, which will be the date of publication of the
cancellation order in the Federal Register. Thereafter, registrants
will be prohibited from selling or distributing the products identified
in Table 1 of Unit II, except for export consistent with FIFRA section
17 (7 U.S.C. 136o) or for proper disposal.

    Once EPA has approved product labels reflecting the requested
amendments to terminate uses, registrants will be permitted to sell or
distribute products under the previously approved labeling for a period
of 18 months after the date of Federal Register publication of the
cancellation order, unless other restrictions have been imposed.
Thereafter, registrants will be prohibited from selling or distributing
the products whose labels include the terminated uses identified in
Table 2 of Unit II, except for export consistent with FIFRA section 17
or for proper disposal.
    Persons other than the registrant may sell, distribute, or use
existing stocks of canceled products and products whose labels include
the terminated uses until supplies are exhausted, provided that such
sale, distribution, or use is consistent with the terms of the
previously approved labeling on, or that accompanied, the canceled
products and terminated uses.
    Authority: 7 U.S.C. 136 et seq.

    Dated: November 15, 2022.
Daniel Rosenblatt,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2022-25428 Filed 11-21-22; 8:45 am]
BILLING CODE 6560-50-P


1 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D. C. 20460 OFFICE OF AIR AND RADIATION INSTRUCTIONS FOR COMPLETING LANDFILL METHANE OUTREACH PROGRAM ( LMOP) PARTNER FORMS Information collected through information forms ( i. e., LMOP Partner Forms) is required to allow EPA to track, facilitate, and encourage the implementation of landfill gas energy projects. Responses to the collection of information are voluntary and are made available publically. This information collection will assist LMOP in decreasing methane emissions from landfills, increasing the use of methane as a renewable energy source, and reducing emissions due to the burning of non renewable energy sources such as coal and fuel oil.

Please fill in all forms as completely as possible. We have already filled in the forms with any data that were available to us. Please review these data and make updates and corrections as necessary. If we did not have any data or our data are incomplete, please fill in the forms or the missing information. If you have more than one project to report on the Project Information Forms, please complete the blank form as many times as necessary. If you have questions, contact Brian Guzzone, LMOP, at ( 202) 343 9248 or guzzone. brian@ epa. gov.

Burden Statement The public reporting and recordkeeping burden for this collection of information is estimated to average 3.5 hours per response. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. OMB Control # 2060 0446 Expiration Date [ insert]

Please return the forms in the enclosed envelope by [ insert date] to the following:

Brian Guzzone 6202J U. S. Environmental Protection Agency 1200 Pennsylvania Avenue NW Washington, DC 20460


[Federal Register Volume 78, Number 247 (Tuesday, December 24, 2013)]
[Notices]
[Pages 77773-77774]
[FR Doc No: 2013-30846]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

Sunshine Act Meetings; Unified Carrier Registration Plan Board of
Directors

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of Unified Carrier Registration Plan Board of Directors
meeting.

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

TIME AND DATE: The meeting will be held on January 16, 2014, from 12
noon to 3 p.m., Eastern Standard Time.

PLACE: This meeting will be open to the public via conference call. Any
interested person may call 1-877-442-1931, passcode,<PHONE_NUMBER> to
listen and participate in this meeting.

STATUS: Open to the public.

MATTERS TO BE CONSIDERED: The Unified Carrier Registration Plan Board
of Directors (the Board) will continue its work in developing and
implementing the Unified Carrier Registration Plan and Agreement and to
that end, may consider matters properly before the Board.

FOR FURTHER INFORMATION CONTACT: Mr. Avelino Gutierrez, Chair, Unified
Carrier Registration Board of Directors at<PHONE_NUMBER>.

    Issued on: December 20, 2013.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2013-30846 Filed 12-20-13; 4:15 pm]
BILLING CODE 4910-EX-P