[Federal Register Volume 84, Number 180 (Tuesday, September 17, 2019)]
[Notices]
[Pages 48968-48970]
[FR Doc No: 2019-20013]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-86928; File No. SR-C2-2019-019]

Self-Regulatory Organizations; Cboe C2 Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change Relating
To Adopt Fees for a New Data Product To Be Known as Open-Close Data

September 11, 2019.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on August 30, 2019, Cboe C2 Exchange, Inc. (the ``Exchange'' or
``C2'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    Cboe C2 Exchange, Inc. (the ``Exchange'' or ``C2 Options'') is
filing with the Securities and Exchange Commission (``Commission'') a
proposed rule change to adopt fees for a new data product to be known
as Open-Close Data. The text of the proposed rule change is provided in
Exhibit 5.
    The text of the proposed rule change is also available on the
Exchange's website (http://markets.cboe.com/us/options/regulation/rule_filings/ctwo/), at the Exchange's Office of the Secretary, and at
the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to adopt fees for a new data product on C2
Options to be known as Open-Close Data, which will be available for
purchase to C2 Options Trading Permit Holders (``TPHs'') and Non-TPHs.
Cboe LiveVol, LLC (``LiveVol''), a wholly owned subsidiary of the
Exchange's parent company, Cboe Global Markets, Inc., will make the
Open-Close Data available for purchase to TPHs and Non-TPHs on the
LiveVol DataShop website (datashop.cboe.com). The Exchange proposes to
amend its Fee Schedule to adopt fees for the product.
    The Exchange proposes to introduce the Open-Close Data product.
Open-Close Data is a data product that summarizes volume (contracts
traded on C2 Options) by origin (customer and firm orders), original
order size and the opening or closing position of the order. The volume
data is also summarized by day and series (symbol, expiration date,
strike price, call or put). The Open-Close Data will be available for
purchase to both C2 TPHs and Non-TPHs on a subscription and ad-hoc
basis. The Exchange notes that its affiliate, Cboe Exchange, Inc.
(``Cboe Options''), as well as other exchanges, offer a similar data
product.\3\
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    \3\ See Securities Exchange Act Release No. 55062 (January 8,
2007), 72 FR 2048 (January 17, 2007) (approving SR-CBOE-2006-88);
See also Securities Exchange Act Release No. 56254 (August 15,
2007), 72 FR 47104 (August 22, 2007) (SR-ISE-2007-70).
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    The Exchange proposes to provide in its Fee Schedule that TPHs and
non-TPHs may purchase Open-Close Data on a subscription basis (end of
day file) or by ad hoc request for a specified month (historical file).
The Exchange proposes to assess a monthly fee of $500 for subscribing
to a daily update which will consist of Open/Close data covering all
Exchange-listed securities. TPHs and non-TPHs purchasing Open/Close
data on a subscription basis will receive access to a daily data file.
The Exchange proposes to assess a fee of $400 per request per month for
an ad-hoc request of historical Open/Close data covering all Exchange-
listed securities. An ad-hoc request can be for any number of months
beginning with January 2018 for which the data is available.\4\ The

proposed subscription and ad-hoc fees will apply both to TPHs or non-
TPHs. The Exchange notes that other exchanges, including its affiliate
Exchange Cboe Exchange, Inc. (``Cboe Options'') provide similar data
products that may be purchased on both a subscription and ad-hoc basis
and are similarly priced.\5\
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    \4\ For example, a TPH or non-TPH that requests historical Open/
Close Data for the months of October 2018 and November 2018, would
be assessed a total of $800. The Exchange notes that it may make
historical data prior to January 2018 available in the future and
that such historical data would be available to all TPHs or non-
TPHs.
    \5\ See e.g., Cboe Options Fees Schedule, Livevol Fees, Open-
Close Data. See also Nasdaq ISE Options 7 Pricing Schedule, Section
10.A.
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\6\ in general, and furthers the
objectives of Section 6(b)(5) of the Act,\7\ in particular, in that it
is designed to prevent fraudulent and manipulative acts and practices,
to promote just and equitable principles of trade, to remove
impediments to and perfect the mechanism of a free and open market and
a national market system, and to protect investors and the public
interest, and that it is not designed to permit unfair discrimination
among customers, brokers, or dealers. The Exchange also believes that
its proposal to adopt fees for Open-Close Data is consistent with
Section 6(b) of the Act in general, and furthers the objectives of
Section 6(b)(4) of the Act \8\ in particular, in that it is an
equitable allocation of dues, fees and other charges among its members
and other recipients of Exchange data.
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    \6\ 15 U.S.C. 78f.
    \7\ 15 U.S.C. 78f(b)(5).
    \8\ 15 U.S.C. 78f(b)(4).
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    In adopting Regulation NMS, the Commission granted self-regulatory
organizations (``SROs'') and broker-dealers increased authority and
flexibility to offer new and unique market data to the public. It was
believed that this authority would expand the amount of data available
to consumers, and also spur innovation and competition for the
provision of market data. Particularly, Open-Close Data will further
broaden the availability of U.S. option market data to investors
consistent with the principles of Regulation NMS. The data product also
promotes increased transparency through the dissemination of Open-Close
Data and benefits investors by providing access to the Open-Close Data,
which may promote better informed trading.
    The Exchange operates in a highly competitive environment. Indeed,
there are currently 16 registered options exchanges that trade options.
The Commission has repeatedly expressed its preference for competition
over regulatory intervention in determining prices, products, and
services in the securities markets. Particularly, in Regulation NMS,
the Commission highlighted the importance of market forces in
determining prices and SRO revenues and, also, recognized that current
regulation of the market system ``has been remarkably successful in
promoting market competition in its broader forms that are most
important to investors and listed companies.'' \9\ Making alternative
data products available to market participants ultimately ensures
increased competition in the marketplace, and constrains the ability of
exchanges to charge supracompetitive fees. In the event that a market
participant views one exchange's data product as more or less
attractive than the competition they can and do switch between
competing products. The proposed fees are a result of the competitive
environment, as the Exchange seeks to adopt fees to attract purchasers
of the proposed Open-Close Data product.
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    \9\ See Securities Exchange Act Release No. 51808 (June 9,
2005), 70 FR 37496, 37499 (June 29, 2005) (``Regulation NMS Adopting
Release'').
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    The Exchange believes the proposed fees are reasonable as the
proposed fees are both modest and similar to the fees assessed by other
exchanges that provide similar data products.\10\ The Exchange also
believes the proposed fees are reasonable as they would support the
introduction of a new market data product that is designed to aid
investors by providing insight into trading on C2 Options. The proposed
Open-Close Data would provide options market participants with valuable
information about opening and closing transactions executed on the
Exchange, similar to other historical trade data products offered by
competing options exchanges. In turn, this data would assist market
participants in gauging investor sentiment and trading activity,
resulting in potentially better informed trading decisions.
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    \10\ See e.g., Cboe Options Fees Schedule, Livevol Fees, Open-
Close Data. See also Nasdaq ISE Options 7 Pricing Schedule, Section
10.A.
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    Selling historical market data, such as Open-Close Data, is also a
means by which exchanges compete to attract business. Specifically, the
Open-Close Data would provide insight into trading activity on C2
Options, and would therefore potentially encourage subscribers to
direct order flow to the Exchange. To the extent that the Exchange is
successful in attracting subscribers for the Open-Close Data, it may
earn trading revenues and further enhance the value of its data
products. If the market deems the proposed fees to be unfair or
inequitable, firms can diminish or discontinue their use of the data
and/or avail themselves of alternative products offered by other
exchanges.\11\ The Exchange therefore believes that the proposed fees
for Open-Close Data reflect the competitive environment and would be
properly assessed on TPH or non-TPH users. The Exchange also believes
the proposed fees are equitable and not unfairly discriminatory as the
fees would apply equally to all users who choose to purchase such data.
The Exchange's proposed fees would not differentiate between
subscribers that purchase Open-Close Data, and are set at a modest
level that would allow any interested TPH or non-TPH to purchase such
data based on their business needs.
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    \11\ See e.g., Cboe Options Fees Schedule, Livevol Fees, Open-
Close Data. See also Nasdaq ISE Options 7 Pricing Schedule, Section
10.A.
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    The Exchange anticipates a wide variety of market participants to
purchase Open-Close Data, including but not limited to buy-side
investors, investment banks and academic institutions. The Exchange
notes however, that the decision as to whether or not to purchase the
Open-Close Data is entirely optional for all potential subscribers.
Indeed, no market participant is required to purchase the Open-Close
Data, and the Exchange is not required to make the Open-Close Data
available to all investors. Rather, the Exchange is voluntarily making
historical Open-Close Data available, as requested by customers, and
market participants may choose to receive (and pay for) this data based
on their own business needs. Potential purchasers may request the data
at any time if they believe it to be valuable, or may decline to
purchase such data.

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

    The Exchange does not believe that the proposed rule change will
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act. Rather, the
Exchange believes that the proposal will promote competition by
permitting the Exchange to sell a data product similar to those offered
by other competitor options exchanges.\12\ The Exchange made Open-Close
Data available for C2 Options in order to keep pace with changes in the
industry and evolving customer needs, and believes the data product
will contribute to robust competition among national securities
exchanges. Furthermore, the Exchange operates in a highly competitive
environment, and its ability to price the

proposed data product is constrained by competition among exchanges
that offer similar data products to their customers. As discussed,
there are currently a number of alternative products available to
market participants and investors. At least three other U.S. options
exchanges offer a market data product that is substantially similar to
the Open-Close Data, which the Exchange must consider in its pricing
discipline in order to compete for the market data.\13\ In this
competitive environment, potential purchasers are free to choose which,
if any, competing product to purchase to satisfy their need for market
information. As a result, the Exchange believes this proposed rule
change permits fair competition among national securities exchanges.
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    \12\ Id.
    \13\ See e.g., Cboe Options Fees Schedule, Livevol Fees, Open-
Close Data. See also Nasdaq ISE Options 7 Pricing Schedule, Section
10.A and Nasdaq PHLX Options 7 Pricing Schedule, Section 10, PHLX
Options Trade Outline (``PHOTO'').
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    The Exchange also does not believe the proposed fees would cause
any unnecessary or inappropriate burden on intermarket competition as
other exchanges are free to introduce their own alternative and
comparable data product and lower their prices to better compete with
the Exchange's offering. The Exchange does not believe the proposed
rule change would cause any unnecessary or inappropriate burden on
intramarket competition. Particularly, the proposed product and fees
apply uniformly to any purchaser, in that it does not differentiate
between subscribers that purchase Open-Close Data. The proposed fees
are set at a modest level that would allow any interested TPH or non-
TPH to purchase such data based on their business needs.

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

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

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A) of the Act \14\ and paragraph (f) of Rule 19b-4 \15\
thereunder. At any time within 60 days of the filing of the proposed
rule change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission will institute proceedings to
determine whether the proposed rule change should be approved or
disapproved.
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    \14\ 15 U.S.C. 78s(b)(3)(A).
    \15\ 17 CFR 240.19b-4(f).
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-C2-2019-019 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-C2-2019-019. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-C2-2019-019 and should be submitted on
or before October 8, 2019.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
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    \16\ 17 CFR 200.30-3(a)(12).
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Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019-20013 Filed 9-16-19; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 52 (Friday, March 17, 2023)]
[Notices]
[Pages 16451-16452]
[FR Doc No: 2023-05509]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2014-N-0179]

Training Program for Regulatory Project Managers; Information
Available to Industry

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration's (FDA or the Agency) Center
for Drug Evaluation and Research (CDER) is announcing the continuation
of the Regulatory Project Management Site Tours and Regulatory
Interaction Program (the Site Tours Program). The purpose of this
document is to invite pharmaceutical companies interested in
participating in this program to contact CDER.

DATES: Pharmaceutical companies may send proposed agendas to the Agency
by May 16, 2023.

FOR FURTHER INFORMATION CONTACT: Dan Brum, Center for Drug Evaluation
and Research, Food and Drug Administration, 10903 New Hampshire Ave.,
Bldg. 22, Rm. 5480, Silver Spring, MD 20993-0002,<PHONE_NUMBER>,
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    An important part of CDER's commitment to make safe and effective
drugs available to all Americans is optimizing the efficiency and
quality of the drug review process. To support this goal, CDER has
initiated various training and development programs to promote

high performance in its regulatory project management staff. CDER seeks
to enhance review efficiency and review quality by providing the staff
with a better understanding of the pharmaceutical industry and its
operations. To this end, CDER is continuing its training program to
give regulatory project managers the opportunity to tour pharmaceutical
facilities. The goals are to provide the following: (1) firsthand
exposure to industry's drug development processes and (2) a venue for
sharing information about project management procedures (but not drug-
specific information) with industry representatives.

II. The Site Tours Program

    In this program, which generally lasts a few days, small groups of
CDER regulatory project managers, often including a senior level
regulatory project manager, can observe operations of pharmaceutical
manufacturing and/or packaging facilities, pathology/toxicology
laboratories, and regulatory affairs operations. Neither this tour nor
any part of the program is intended as a mechanism to inspect, assess,
judge, or perform a regulatory function, but is meant rather to improve
mutual understanding and to provide an avenue for open dialogue. During
the Site Tours Program, regulatory project managers will also
participate in daily workshops with their industry counterparts,
focusing on selective regulatory issues important to both CDER staff
and industry. The primary objective of the daily workshops is to learn
about the team approach to drug development, including drug discovery,
nonclinical and clinical evaluation, postmarketing activities, and
regulatory submission operations. The overall benefit to regulatory
project managers will be exposure to project management, team
techniques, and processes employed by the pharmaceutical industry. By
participating in this program, the regulatory project manager will grow
professionally by gaining a better understanding of industry processes
and procedures.

III. Site Selection

    All travel expenses associated with the Site Tours Program will be
the responsibility of CDER; therefore, selection will be based on the
availability of funds and resources for each fiscal year. Selection
will also be based on firms having a favorable facility status as
determined by FDA's Office of Regulatory Affairs District Offices in
the firms' respective regions. Firms that want to learn more about this
training opportunity or that are interested in offering a site tour
should respond by sending a proposed agenda by email directly to Dan
Brum (see DATES and FOR FURTHER INFORMATION CONTACT).

    Dated: March 14, 2023.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2023-05509 Filed 3-16-23; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 84, Number 50 (Thursday, March 14, 2019)]
[Notices]
[Page 9412]
[FR Doc No: 2019-04739]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

FAA's CORSIA Monitoring, Reporting & Verification Program

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of availability.

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SUMMARY: This notice announces the availability of FAA's CORSIA
Monitoring, Reporting, and Verification Program. This voluntary program
will fulfill the responsibilities of the United States under the
Chicago Convention to implement the ICAO Standards and Recommended
Practices for the monitoring, reporting, and verification of
CO2 emissions from international flights pursuant to Annex
16, Volume IV--Carbon Offsetting and Reduction Scheme for International
Aviation (CORSIA), of the Chicago Convention.

FOR FURTHER INFORMATION CONTACT: For technical questions concerning
this program, contact Daniel Williams, Office of Environment and
Energy, 800 Independence Avenue SW, Washington, DC 20591; telephone
(202) 267-7988; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The CORSIA Monitoring, Reporting, and
Verification (MRV) Program is a voluntary program for U.S. air
carriers, commercial, and general aviation (e.g., those who operate
under 14 CFR parts 91, 121, and 135) operators (collectively referred
hereinafter as ``operators'') to submit certain airplane CO2
emissions data to the FAA to enable the United States to establish
uniformity with the CORSIA Standards and Recommended Practices (SARPs).
In June 2018, the International Civil Aviation Organization (ICAO)
adopted SARPs to implement CORSIA in the form of Annex 16, Volume IV to
the Convention on International Civil Aviation. The United States
supported the decision to adopt the CORSIA SARPS based on the
understanding that CORSIA is the exclusive market-based measure
applying to international aviation, and that CORSIA will ensure fair
and reciprocal commercial competition by avoiding a patchwork of
country- or regionally-based regulatory measures that are
inconsistently applied, bureaucratically costly, and economically
damaging. Furthermore, continued U.S. support for CORSIA assumes a high
level of participation by other countries, particularly by countries
with significant aviation activity, as well as a final CORSIA package
that is acceptable to, and implementable by, the United States.
    Under CORSIA, all ICAO Member States whose airplane operators
undertake international flights will need to develop a MRV system for
CO2 emissions from those international flights starting
January 1, 2019. The requirement to monitor, report, and verify
CO2 emissions is independent from offsetting, and the data
reported by the States will be used for the calculation of the CORSIA's
baselines.
    The FAA's CORSIA MRV Program is intended to be the United States'
MRV system for monitoring, reporting, and verification of U.S. airplane
operator CO2 emissions from international flights. The
offsetting of emissions under CORSIA, which may require rulemaking or
other action, will be addressed at a future time.
    An electronic version of the statement describing the CORSIA MRV
Program is available on the FAA Office of Environment and Energy
website at: https://www.faa.gov/about/office_org/headquarters_offices/apl/research/environmental_policy/.

    Issued in Washington, DC, on March 7, 2019.
Kevin Welsh,
Executive Director, Office of Environment and Energy.
[FR Doc. 2019-04739 Filed 3-13-19; 8:45 am]
 BILLING CODE 4910-13-P


Comment Info: =================

General Comment:Dear Mr. Zeller:

I am writing as an individual consumer to request an extension of the comment period for the Food and Drug Administration's ("FDA") Proposed Rule Deeming Tobacco Products to be Subject to the Federal Food, Drug, and Cosmetic Act, as amended by the Family Smoking and Prevention and Tobacco Control Act (the "Proposed Rule") published at 79 Fed. Reg. 23,142 and Federal Register No. 2014-09491. On behalf of myself, I am requesting that the comment period for the Proposed Rule be extended by the FDA for an additional 105 days, from its current 75-day period, to 180 days.

Ecigarettes have changed my life.  I was able to easily quit a 30 year smoking habit.  After almost 4 years smoke free, my health has improved and I no longer get sick near as often.  When I do manage to catch a cold, it's over almost as soon as it starts, symptoms lasting only a day.

The Proposed Rule raises a number of significant issues and questions that are important and relevant to me, as a consumer of products that are proposed for regulation under the Proposed Rule. The Proposed Rule asks about a hundred different questions I might want to respond to. I want to provide my thoughts and comments on many of these issues, but my time to devote to researching and providing thoughtful comments on these important questions is limited. I have already spent many hours researching and dissecting these issues, but they take time. I know that the FDA took many years to even come up with the Proposed Rule, so I do not think it is at all unreasonable to allow the public a mere six months to comment on it. This is our only opportunity, as consumers, to provide our feedback.

I feel very strongly about e-cigarettes as an alternative to combustible cigarettes. Quite simply, I firmly believe that they saved my life. I wish to provide you with my personal story, as well as science- and evidence-based responses to your questions so that you can take my comment into account. I realize that the FDA has the authority under 21 CFR 10.40 to extend this time frame and that the FDA has exercised this authority on numerous occasions in the past. I would therefore ask that you do so here, so that all stakeholders have the opportunity to provide their comments on this proposed regulation.

I appreciate your consideration of my request and am happy to discuss this issue with you further.


[Federal Register: December 4, 2009 (Volume 74, Number 232)]
[Notices]
[Page 63743-63745]
[DOCID:fr04de09-66]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC09-912-001]

Commission Information Collection Activities (FERC-912); Comment
Request; Submitted for OMB Review

November 25, 2009.
AGENCY: Federal Energy Regulatory Commission.

ACTION: Notice.

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SUMMARY: In compliance with the requirements of section 3507 of the

Paperwork Reduction Act of 1995, 44 USC 3507, the Federal Energy
Regulatory Commission (Commission or FERC) has submitted the
information collection described below to the Office of Management and
Budget (OMB) for review of the information collection requirements. Any
interested person may file comments directly with OMB and should
address a copy of those comments to the Commission as explained below.
The Commission received no comments in response to the Federal Register
notice (74FR 47567, 9/16/2009) and has made this notation in its
submission to OMB.

DATES: Comments on the collection of information are due by January 4,
2010.

ADDRESSES: Address comments on the collection of information to the
Office of Management and Budget, Office of Information and Regulatory
Affairs, Attention: Federal Energy Regulatory Commission Desk Officer.
Comments to OMB should be filed electronically, c/o oira_
<EMAIL_ADDRESS>and include OMB Control Number 1902-0237 as a
point of reference. The Desk Officer may be reached by telephone at
202-395-4638. A copy of the comments should also be sent to the Federal
Energy Regulatory Commission and should refer to Docket No. IC09-912-
001. Comments may be filed either electronically or in paper format.
Those persons filing electronically do not need to make a paper filing.
Documents filed electronically via the Internet must be prepared in an
acceptable filing format and in compliance with the Federal Energy
Regulatory Commission submission guidelines. Complete filing
instructions and acceptable filing formats are available at http://
www.ferc.gov/help/submission-guide.asp. To file the document
electronically, access the Commission's Web site and click on Documents
& Filing, E-Filing (http://www.ferc.gov/docs-filing/efiling.asp), and
then follow the instructions for each screen. First time users will
have to establish a user name and password. The Commission will send an
automatic acknowledgement to the sender's e-mail address upon receipt
of comments.
    For paper filings, an original and 2 copies of the comments should
be submitted to the Federal Energy Regulatory Commission, Secretary of
the Commission, 888 First Street, NE., Washington, DC 20426, and should
refer to Docket No. IC09-912-001.
    All comments may be viewed, printed or downloaded remotely via the
Internet through FERC's homepage using the ``eLibrary'' link. For user
assistance, contact<EMAIL_ADDRESS>or toll-free at (866)
208-3676 or for TTY, contact<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Ellen Brown may be reached by
telephone at<PHONE_NUMBER>, by fax at<PHONE_NUMBER>, and by e-mail at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: FERC-912 (``Cogeneration and Small Power
Production, PURPA Section 210(m) Regulations for Termination or
Reinstatement of Obligation to Purchase or Sell,'' OMB Control No.
1902-0237) \1\ covers the reporting requirements in 18 CFR Part 292.
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    \1\ During its history, ``FERC-912'' has been known by various
`names' and OMB control numbers. Originally, FERC had wanted to
include FERC-912 requirements in the FERC-556 `umbrella' of
requirements. Because FERC-556 (``Cogeneration and Small Power
Production;'' OMB Control No. 1902-0075) was pending OMB review of
another rulemaking (in Docket No. RM05-36-000) prior to the issuance
of the Notice of Proposed Rulemaking (NOPR) in RM06-10, the
Commission used a temporary identifier of ``FERC-912''.
    ``FERC-912'' was originally assigned the OMB Control No. 1902-
0219 at the NOPR stage. However, prior to issuance of the final rule
in Docket RM06-10, OMB Control No. 1902-0219 was eliminated from
OMB's inventory.
    FERC-556 (OMB Control No. 1902-0075) was then approved in RM05-
36, so FERC used the ``FERC-912(556)'' identifier in the Final Rule
in RM06-10. The Commission planned to transfer the hours associated
with ``FERC-912(556)'' in RM06-10 to FERC-556. Page two of the OMB
approval (dated 2/23/2007) for ICR Reference Number<PHONE_NUMBER>-003
listed OMB Control No. 1902-0237 as FERC-556.
     Currently FERC-556 (OMB Control No. 1902-0075) is pending OMB
review, so this collection is being called ``FERC-912'' and is being
submitted separately. FERC-556 is not a subject of this Notice.
---------------------------------------------------------------------------

    On August 8, 2005, the Energy Policy Act of 2005 (EPAct 2005, Pub.
L. No. 109-58, 119 Stat. 594 (2005)) was signed into law. Section
1253(a) of EPAct 2005 amends section 210 of the Public Utility
Regulatory Policies Act of 1978 (PURPA) by adding subsection (m), that
provides for the termination and reinstatement of an electric utility's
obligation to purchase and sell energy and capacity. The implementing
regulations in 18 CFR Part 292 (18 CFR 292.309-292.313) provide
procedures for:
    [dec222] An electric utility to file an application for the
termination of its obligation to purchase energy from a Qualifying
Facility (QF) (18 CFR 292.310);
    [dec222] an affected entity or person to apply to the Commission
for an order reinstating the electric utility's obligation to purchase
energy from a QF (18 CFR 292.311);
    [dec222] an electric utility to file an application for the
termination of its obligation to sell energy and capacity to QFs (18
CFR 292.312);
    [dec222] an affected entity or person to apply to the Commission
for an order reinstating the electric utility's obligation to sell
energy and capacity to QFs (18 CFR 292.313).
    ACTION: The Commission is requesting a three-year extension of the
current expiration date for the FERC-912, with no changes to the
reporting requirements.
    Burden Statement: The public reporting burden for this collection
is estimated to be as follows:

----------------------------------------------------------------------------------------------------------------
                                                                          Average
                                                              Annual     number of   Average
                         FERC-912                           number of    reponses     burden      Total annual
                                                           respondents      per     hours per     burden hours
                                                                        respondent   response
----------------------------------------------------------------------------------------------------------------
                                                                  (1)          (2)        (3)        (1)x(2)x(3)
----------------------------------------------------------------------------------------------------------------
Termination of obligation to purchase in Sec.   292.310..           4            1         12                 48
Reinstatement of obligation to purchase in Sec.   292.311           1            1         13                 13
Termination of obligation to sell in Sec.   292.312......           1            1         12                 12
Reinstatement of obligation to sell in Sec.   292.313....           1            1         13                 13
                                                          ------------------------------------------------------
    Totals...............................................  ...........  ..........  .........                 86
----------------------------------------------------------------------------------------------------------------

    The total estimated annual cost burden to respondents is $5,304.58
[(86 hours/2,080 hours \2\ per year) x $128,297 \3\ per year].
---------------------------------------------------------------------------

    \2\ Number of hours an employee works each year.
    \3\ Estimated mean annual salary of a lawyer.
---------------------------------------------------------------------------

    The reporting burden includes the total time, effort, or financial
resources expended to generate, maintain, retain, disclose, or provide
the information including: (1) Reviewing instructions; (2) developing,
acquiring, installing, and utilizing technology and systems for the
purposes of collecting, validating, verifying, processing, maintaining,
disclosing and providing information; (3) adjusting the existing ways
to comply with any previously applicable instructions and requirements;
(4) training personnel to respond to a collection of information; (5)
searching data sources; (6) completing and reviewing the collection of
information; and (7) transmitting, or otherwise disclosing the
information.
    The estimate of cost for respondents is based upon salaries for
professional and clerical support, as well as direct and indirect
overhead costs. Direct costs include all costs directly attributable to
providing this information, such as administrative costs and the cost
for information technology. Indirect or overhead costs are costs
incurred by an organization in support of its mission. These costs
apply to activities which benefit the whole organization rather than
any one particular function or activity.
    Comments are invited on: (1) Whether the proposed collections of
information are necessary for the proper performance of the functions
of the Commission, including whether the information will have
practical utility; (2) the accuracy of the agency's estimates of the
burden of the proposed collections of information, including the
validity of the methodology and assumptions used; (3) ways to enhance
the quality, utility and clarity of the information to be collected;
and (4) ways to minimize the burden of the collection of information on
those who are to respond, including the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g. permitting electronic
submission of responses.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-28919 Filed 12-3-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 106 (Friday, June 1, 2012)]
[Notices]
[Pages 32633-32635]
[FR Doc No: 2012-13349]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2012-0412; FRL-9351-6]

Approval of Test Marketing Exemptions for Certain New Chemicals

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: This notice announces EPA's approval of applications for test
marketing exemptions (TMEs) under section 5(h)(1) of the Toxic
Substances Control Act (TSCA). EPA has designated these applications as
TME-11-01; TME-11-2; TME-11-3; TME-11-5; TME-11-6; TME-11-7; TME-11-9;
TME-11-10; TME-11-13; TME-11-14; TME-11-15; TME-11-16; TME-11-17; TME-
12-01; TME-12-04; TME-12-5; TME-12-7. The test marketing conditions are
described in the TME applications and in this notice.

DATES: Approval of these TMEs is effective May 24, 2012.

FOR FURTHER INFORMATION CONTACT:
    For technical information contact: Adella Underdown, Chemical
Control Division (7405M), Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>    For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed in particular to the chemical manufacturer
and/or importer who submitted the TMEs to EPA. This action may,
however, be of interest to the public in general. Since other entities
may also be interested, the Agency has not attempted to describe all
the specific entities that may be affected by this action. If you have
any questions regarding the applicability of this action to a
particular entity, consult the technical person listed under FOR
FURTHER INFORMATION CONTACT.

B. How can I get copies of this document and other related information?

    EPA has established a docket for this action under docket ID number
EPA-HQ-OPPT-2012-0412. All documents in the docket are listed in the
docket index at http://www.regulations.gov. Although listed in the
index, some information is not publicly available, e.g., Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, will be publicly available only in hard copy. Publicly
available docket materials are available electronically at http://www.regulations.gov, or, if only available in hard copy, at the OPPT
Docket. The OPPT Docket is located in the EPA Docket Center (EPA/DC) at
Rm. 3334, EPA West Bldg., 1301 Constitution Ave. NW., Washington, DC.
The EPA/DC Public Reading Room hours of operation are 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The telephone
number of the EPA/DC Public Reading Room is<PHONE_NUMBER>, and the
telephone number for the OPPT Docket is<PHONE_NUMBER>. Docket visitors
are required to show photographic identification, pass through a metal
detector, and sign the EPA visitor log. All visitor bags are processed
through an X-ray machine and subject to search. Visitors will be
provided an EPA/DC badge that must be visible at all times in the
building and returned upon departure.

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

    Section 5(h)(1) of TSCA and 40 CFR 720.38 authorizes EPA to exempt
persons from premanufacture notification (PMN) requirements and permit
them to manufacture or import new chemical substances for test
marketing purposes, if the Agency finds that the manufacture,
processing, distribution in commerce, use, and disposal of the
substances for test marketing purposes will not present an unreasonable
risk of injury to health or the environment. EPA may impose
restrictions on test marketing activities and may modify or revoke a
test marketing exemption upon receipt of new information which casts
significant doubt on its finding that the test marketing activity will
not present an unreasonable risk of injury.

III. What action is the agency taking?

    EPA approves the TMEs referenced in this notice. EPA has determined
that test marketing the new chemical substances, under the conditions
set out in the TME applications and in this notice, will not present
any unreasonable risk of injury to health or the environment.

IV. What restrictions apply to these TMEs?

    The test market time period, production volume, number of
customers, and use must not exceed specifications in the applications
and this notice. All other conditions and restrictions described in the
applications and in this notice must also be met.
    TME-11-0001.
    Date of Receipt: October 5, 2010.
    Notice of Receipt: November 24, 2010 (75 FR 71692) (FRL-8852-1).
    Applicant: Cytec Industries, Inc.
    Chemical: (G) Alkyl dioic acid, polymer with substituted alkanoate,
alkly diisocyanate, alkyldiol, and substituted alkanoic acid.
    Use: (G) Coatings resin.
    Production Volume: CBI.
    Number of Customers: CBI.
    Test Marketing Period: CBI days, commencing on first day of
commercial manufacture.

    TME-11-0002.
    Date of Receipt: December 13, 2010.
    Notice of Receipt: April 15, 2011 (76 FR 21343) (FRL-8869-4).
    Applicant: Cytec Industries, Inc.
    Chemical: (G) Substituted alkanoic acid, polymer with alkanoic acid
alkyl esters, with substituted polyglycol-initiated.
    Use: Dispersing additive for organic and inorganic pigments and
extenders.
    Production Volume: CBI.
    Number of Customers: CBI.
    Test Marketing Period: CBI days, commencing on first day of
commercial manufacture.

    TME-11-0003.
    Date of Receipt: December 13, 2010.
    Notice of Receipt: April 15, 2011 (76 FR 21344) (FRL-8869-4).
    Applicant: Cytec Industries, Inc.
    Chemical: (G) Substituted alkyl homopolymer, substituted
alkylacrylate and heteromonocyclic homopolymer monoester with
substituted alklyacrylate.
    Use: (G) Coatings resin.
    Production Volume: CBI.
    Number of Customers: CBI.
    Test Marketing Period: CBI days, commencing on first day of
commercial manufacture.
    TME-11-0005.
    Date of Receipt: December 14, 2010.
    Notice of Receipt: April 15, 2011 (76 FR 21344) (FRL-8869-4).
    Applicant: Cytec Industries, Inc.
    Chemical: (G) Modified epoxy resin.
    Use: (G) Binder resin.
    Production Volume: CBI.
    Number of Customers: CBI.
    Test Marketing Period: CBI days, commencing on first day of
commercial manufacture.

    TME-11-0006.
    Date of Receipt: January 11, 2011.
    Notice of Receipt: April 15, 2011 (76 FR 21344) (FRL-8869-4).
    Applicant: CBI.
    Chemical: (G) Tertiary ammonium compound.
    Use: (G) Inhibitor for oil field applications.
    Production Volume: CBI.
    Number of Customers: CBI.
    Test Marketing Period: CBI days, commencing on first day of
commercial manufacture.

    TME-11-0007.
    Date of Receipt: March 24, 2011.
    Notice of Receipt: June 21, 2011 (76 FR 36117) (FRL-8876-3).
    Applicant: Cytec Industries, Inc.
    Chemical: (G) Heteromonocycle, polymer with disubstituted
carbomonocycle and alkylene glycol, alkyl acrylate blocked.
    Use: (G) Coatings resin.
    Production Volume: CBI.
    Number of Customers: CBI.
    Test Marketing Period: CBI days, commencing on first day of
commercial manufacture.

    TME-11-0009.
    Date of Receipt: May 6, 2011.
    Notice of Receipt: June 20, 2011 (76 FR 35890) (FRL-8877-3).
    Applicant: Cytec Industries, Inc.
    Chemical: (G) Fatty acids polymers with alkanoic acid, substituted
alkyl diol and substituted carbomonocycle.
    Use: Binder for printing inks.
    Production Volume: CBI.
    Number of Customers: CBI.
    Test Marketing Period: CBI days, commencing on first day of
commercial manufacture.

    TME-11-0010.
    Date of Receipt: June 6, 2011.
    Notice of Receipt: September 16, 2011 (76 FR 57738) (FRL-8888-6).
    Applicant: Cytec Industries, Inc.
    Chemical: (G) Poly[oxyalkylenediyl],a-hydro-w-hydroxy-, polymer
with disubstituted carbomonocycle, alkyl acrylate blocked.
    Use: (G) Coatings resin.
    Production Volume: CBI.
    Number of Customers: CBI.
    Test Marketing Period: CBI days, commencing on first day of
commercial manufacture.

    TME-11-0013.
    Date of Receipt: August 1, 2011.
    Notice of Receipt: September 21, 2011 (76 FR 58505) (FRL-8889-6).
    Applicant: CBI.
    Chemical: (G) Polyaminoamide, sulfate salt.
    Use: (G) Productivity aid in the paper industry.
    Production Volume: CBI.
    Number of Customers: CBI.
    Test Marketing Period: CBI days, commencing on first day of
commercial manufacture.

    TME-11-0014.
    Date of Receipt: August 2, 2011.
    Notice of Receipt: September 21, 2011 (76 FR 58505) (FRL-8869-6).
    Applicant: CBI.
    Chemical: (G) petroleum distillate lights.
    Use: (G) Fuel blending component.
    Production Volume: CBI.
    Number of Customers: CBI.
    Test Marketing Period: CBI days, commencing on first day of
commercial manufacture.

    TME-11-0015.
    Date of Receipt: September 7, 2011.
    Notice of Receipt: October 5, 2011 (76 FR 61694) (FRL-8890-6).
    Applicant: Cytec Industries, Inc.
    Chemical: (G) Heteromonocycle, homopolymer, disubstituted
carbomonocycle, substituted alkyl ester.
    Use: (G) Coating resin for increased impact resistance.
    Production Volume: CBI.
    Number of Customers: CBI.
    Test Marketing Period: CBI days, commencing on first day of
commercial manufacture.

    TME-11-0016.
    Date of Receipt: September 22, 2011.
    Notice of Receipt: November 9, 2011 (76 FR 69726) (FRL-8891-6).
    Applicant: Cytec Industries, Inc.

    Chemical: (G) Substituted carbomonocycle, polymer with alkyldiol,
bis[substituted carbomonocycle ester].
    Use: Binder for printing inks.
    Production Volume: CBI.
    Number of Customers: CBI.
    Test Marketing Period: CBI days, commencing on first day of
commercial manufacture.

    TME-11-0017.
    Date of Receipt: September 22, 2011.
    Notice of Receipt: November 9, 2011 (76 FR 69726) (FRL-8891-6).
    Applicant: Cytec Industries, Inc.
    Chemical: (G) substituted carbomonocycle, polymer with alkyldiols,
di[substituted carbomonocycle ester].
    Use: (G) Ink binder resin.
    Production Volume: CBI.
    Number of Customers: CBI.
    Test Marketing Period: CBI days, commencing on first day of
commercial manufacture.

    TME-12-0001.
    Date of Receipt: October 19, 2011.
    Notice of Receipt: December 9, 2011 (76 FR 76969) (FRL-9328-1).
    Applicant: CBI.
    Chemical: (G) Petroleum distillate heavies.
    Use: Petroleum fuel blend and distillation/fractionation feedstock.
    Production Volume: CBI.
    Number of Customers: CBI.
    Test Marketing Period: CBI days, commencing on first day of
commercial manufacture.

    TME-12-0004.
    Date of Receipt: December 22, 2011.
    Notice of Receipt: February 1, 2012 (77 FR 5103) (FRL-9334-6).
    Applicant: CBI.
    Chemical: (G) Substituted pyridinium salt.
    Use: (G) Corrosion inhibitor component.
    Production Volume: CBI.
    Number of Customers: CBI.
    Test Marketing Period: CBI days, commencing on first day of
commercial manufacture.

    TME-12-0005.
    Date of Receipt: December 22, 2011.
    Notice of Receipt: February 1, 2012 (77 FR 5103) (FRL-9334-6).
    Applicant: CBI.
    Chemical: (G) Substituted pyridinium salt.
    Use: (G) Corrosion inhibitor component.
    Production Volume: CBI.
    Number of Customers: CBI.
    Test Marketing Period: CBI days, commencing on first day of
commercial manufacture.

    TME-12-0007.
    Date of Receipt: March 22, 2012.
    Notice of Receipt: April 17, 2012 (77 FR 22780) (FRL-9345-5).
    Applicant: Cytec Industries, Inc.
    Chemical: (G) Dialkyldithiophosphate salt.
    Use: (G) Mineral processing collector.
    Production Volume: CBI.
    Number of Customers: CBI.
    Test Marketing Period: CBI days, commencing on first day of
commercial manufacture.

    The following additional restrictions apply to these TMEs. A bill
of lading accompanying each shipment must state that the use of the
substance is restricted to that approved in the TME. In addition, the
applicant shall maintain the following records until 5 years after the
date they are created, and shall make them available for inspection or
copying in accordance with section 11 of TSCA:
    1. Records of the quantity of the TME substance produced and the
date of manufacture.
    2. Records of dates of the shipments to each customer and the
quantities supplied in each shipment.
    3. Copies of the bill of lading that accompanies each shipment of
the TME substance.

V. What was EPA's risk assessment for these TMEs?

    EPA identified no significant health or environmental concerns for
the test market substances, due to either the low toxicity of each
substance or low expected exposure. Therefore, the test market
activities will not present any unreasonable risk of injury to human
health or the environment. Many of these TMEs were submitted per the
TSCA New Chemicals Sustainable Futures Voluntary Pilot Project which is
designed to develop low risk chemicals; see the Federal Register of
December 11, 2002 (67 FR 76282) (FRL-7198-6).

VI. Can EPA change its decision on these TMEs in the future?

    Yes. The Agency reserves the right to rescind approval or modify
the conditions and restrictions of an exemption should any new
information that comes to its attention cast significant doubt on its
finding that the test marketing activities will not present any
unreasonable risk of injury to human health or the environment.

List of Subjects

    Environmental protection, Test marketing exemptions.

    Dated: May 24, 2012.
Greg Schweer,
Chief, New Chemicals Notice Management Branch, Office of Pollution
Prevention and Toxics.
[FR Doc. 2012-13349 Filed 5-31-12; 8:45 am]
BILLING CODE 6560-50-P