HED DOC. NO. 012598 23 APR 1998 MEMORANDUM SUBJECT: IMIDACLOPRID  Report of the FQPA Safety Factor Committee.

FROM: Brenda Tarplee, Executive Secretary FQPA Safety Factor Committee Health Effects Division ( 7509C) and Jess Rowland, Executive Secretary Hazard Identification Assessment Review Committee Health Effects Division ( 7509C)

THROUGH: Ed Zager, Chairman FQPA Safety Factor Committee Health Effects Division ( 7509C)

TO: Rick Loranger, Branch Senior Scientist Registration Action Branch 2 Health Effects Division ( 7509C)

PC Code: 129099 The Health Effects Division ( HED) FQPA Safety Factor Committee met on April 13, 1998 to evaluate the hazard and exposure data for Imidacloprid and recommend application of the FQPA Safety Factor ( as required by FQPA), to ensure the protection of infants and children from exposure to this chemical. The Committee recommended that the 10x Safety Factor for enhanced sensitivity to infants and children ( as required by FQPA) should be reduced to 3x. 2 I. HAZARD ASSESSMENT 1. Determination of Susceptibility The Hazard Identification Assessment Review Committee ( HIARC) determined that the available studies demonstrated no indication of increased sensitivity of rats or rabbits to in utero and/ or postnatal exposure to Imidacloprid. In the prenatal developmental toxicity studies in rats and rabbits and in the two generation reproduction study in rats, developmental toxicity to the offspring occurred at equivalent or higher doses than maternal toxicity ( Memorandum: J. Rowland to D. Davis, dated September 22, 1997).

2. Adequacy of Toxicity Database There are no data gaps for the assessment of the effects of Imidacloprid following in utero and/ or postnatal exposure. However, the HIARC determined that a postnatal developmental neurotoxicity study in rats is required for Imidacloprid based on the following weight of the evidence considerations:

Imidacloprid is a neurotoxic chemical. Evidence of functional neurotoxicity was seen in the acute neurotoxicity study where a single oral dose caused a dose related decreased motor activity in all dosed females, including a 25% decrease at the lowest dose tested ( 42 mg/ kg/ day).

Imidacloprid is a nicotine analog and is expected to act as a nicotinic agonist. A review of the literature suggests that nicotine causes developmental toxicity, including functional deficits, in animals and/ or humans exposed in utero.

With this class of chemical, there is no readily available biomarker ( e. g., Cholinesterase inhibition) for assessment of subtle neurotoxic effects.

In the 1993 2 year chronic study in rats, significant alterations to brain weight were noted in males and females at 900 ppm ( 51.3 and 73 mg/ kg/ day in males and females). 3 II. EXPOSURE ASSESSMENT 1. Dietary Exposure Considerations Imidacloprid is a systemic insecticide. Its primary use is on various vegetable crops, cereal grains, and pome fruits. Established plant and animal commodity tolerances ( 40 CFR 180.472) range from 0.05  15 ppm. Per 40 CFR 180.472, the regulated residue in plant and animal commodities consists of the combined residues of parent Imidacloprid and its metabolites containing the 6 chloropyridinyl moiety, all expressed as parent Imidacloprid. Meat, milk, poultry, and egg tolerances are established.

Imidacloprid and its residues are systemic. Residues will translocate throughout the plant, regardless of the method of application: seed, soil, or foliar. Use is via seed treatment, banded soil application, and/ or foliar spray. Use rates via soil application range from 0.2 0.4 lb ai/ A/ application, depending on the crop; and via foliar sprays range from 0.05 0.25 lb ai/ A/ application, depending on the crop and/ or pest to be controlled. Regardless of formulation or type of application, no more than a TOTAL of 0.5 lb ai/ A/ year may be used ( from any combination of seed + soil + foliar treatments).

The HED DRES system was used to assess the chronic and acute risk from dietary exposure to Imidacloprid in food. The chronic dietary risk assessment is partially refined to reflect a slightly less exaggerated level of exposure by using tolerance values for all crops and the available percent crop treated (% CT) information. The acute dietary risk assessment was not refined, it included the very conservative assumption that all commodities will contain residues of Imidacloprid at the level of the tolerance. This results in an overestimate of acute dietary exposure.

2. Drinking Water Exposure Considerations EFED reports that the surface and groundwater drinking water assessments were not complete for Imidacloprid at the time of this meeting. No ground or surface water monitoring data are available for Imidacloprid. Therefore, for surface water, PRZM3.1/ EXAMS modeling will be conducted to estimate representative concentrations.

3. Residential Exposure Considerations Imidacloprid is registered for home lawn and garden use and for " localized" pet treatments products are applied either to back of the neck or onto the back of the animals). Chemical specific or site specific data were not provided to assess exposure associated with these uses, therefore, the DRAFT Standard Operating Procedures ( SOPs) for Residential Exposure Assessments were utilized. The DRAFT SOPs normally rely on one or more upper percentile assumptions and are intended to represent Tier 1 assessments. 4 Since the Draft SOPs do not specifically address " localized" per applications, a modified approach was developed to assess post application hand to mouth ingestion exposure for toddlers. The following assumptions were made: 1) 1% of the application rate is available on the pets as dislodgeable residue on the day of application. ( SOP uses 10% for pet dips and 1% for flea collars); 2) there is a one to one relationship between the dislodgeable residue on the surface of the pet and on the surface area of the skin after contact; 3) postapplication activities are assessed on the day of application since toddlers could handle/ touch pets immediately after application; and 4) toddlers ( age 3 years) are used to represent the 1 to 6 year old age group and weigh 15 kg.

PHED Version 1.1 is also used for residential turf handler ( mixer/ loader/ applicator) scenarios. The PHED scenarios reflect the actual use patterns and the data ranges from low to medium level quality. Mixer/ loader/ applicators are assumed to be wearing short pants, short sleeves, and no gloves.

III. RISK CHARACTERIZATION 1. Determination of the Factor The Committee recommended that the 10x factor for enhanced sensitivity to infants and children ( as required by FQPA) should be reduced to 3x.

2. Rationale for Selection of the FQPA Factor Although the available studies demonstrated no indication of increased sensitivity of rats or rabbits to in utero and/ or postnatal exposure to Imidacloprid, the Committee determined that the 10x Safety Factor should be reduced to 3x based on the following weight of the evidence considerations:

( I) There is concern for structure activity relationship. Imidacloprid, a chloronicotinyl compound, is an analog to nicotine and studies in the published literature suggests that nicotine, when administered causes developmental toxicity, including functional deficits, in animals and/ or humans that are exposed in utero.

( ii) There is evidence that Imidacloprid administration causes neurotoxicity following a single oral dose in the acute study and alterations in brain weight in rats in the 2 year carcinogenicity study.

( iii) There is concern for accidental oral exposure ( hand to mouth) for infants and children from the use pattern ( pet and outdoor residential). 5 3. Identification of Population Subgroup The Committee determined that the FQPA Safety Factor ( 3x) is applicable for the following subpopulations:

Acute Dietary: General populations which include Infants and Children because: 1) There is concern for structure activity relationship since Imidacloprid, a chloronicotinyl compound, is an analog to nicotine and studies in the published literature suggests that nicotine, when administered causes developmental toxicity, including functional deficits, in animals and/ or humans that are exposed in utero; 2) There is evidence that Imidacloprid administration causes neurotoxicity following a single oral exposure and was selected as the endpoint for this risk assessment; and 3) There is concern for accidental oral exposure ( hand to mouth) for infants and children from the use pattern ( pet and outdoor residential).

Chronic Dietary: General populations which include Infants and Children because: 1) There is concern for structure activity relationship since Imidacloprid, a chloronicotinyl compound, is an analog to nicotine and studies in the published literature suggests that nicotine, when administered causes developmental toxicity, including functional deficits, in animals and/ or humans that are exposed in utero; 2) There is evidence that Imidacloprid administration causes neurotoxicity following repeated exposure characterized as alterations in brain weight; 3) The endpoint used for this risk assessment is thyroid lesions; and 4) There is concern for accidental oral exposure ( hand to mouth) for infants and children from the use pattern ( pet and outdoor residential).

Residential: General populations which include Infants and Children because 1) There is concern for structure activity relationship since Imidacloprid, a chloronicotinyl compound, is an analog to nicotine and studies in the published literature suggests that nicotine, when administered causes developmental toxicity, including functional deficits, in animals and/ or humans that are exposed in utero; 2) There is evidence that Imidacloprid administration causes neurotoxicity following a single oral dose in the acute study and alterations in brain weight in rats in the 2 year carcinogenicity study; 3) the pet and outdoor residential uses of Imidacloprid are a potential source of exposure to infants and children.


[Federal Register Volume 88, Number 78 (Monday, April 24, 2023)]
[Notices]
[Page 24787]
[FR Doc No: 2023-08608]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Staff Attendance at North American Electric Reliability
Corporation Standard Drafting Team Meeting

    The Federal Energy Regulatory Commission hereby gives notice that
members of the Commission and/or Commission staff may attend the
following meetings:

North American Electric Reliability Corporation Project 2021-07 Extreme
Cold Weather Grid Operations, Preparedness, and Coordination Standard
Drafting Team Meeting on: April 25, 2023 (1:00 p.m.-3:00 p.m. eastern
time)

    Further information regarding these meetings may be found at:
https://www.nerc.com/Pages/Calendar.aspx.
    The discussions at the meetings, which are open to the public, may
address matters at issue in the following Commission proceeding:

Docket No. RD23-1-000 Extreme Cold Weather Reliability Standards EOP-
011-3 and EOP-012-1

    For further information, please contact Chanel Chasanov, 202-502-
8569, or [email protected].

    Dated: April 18, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-08608 Filed 4-21-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: February 24, 2009 (Volume 74, Number 35)]
[Rules and Regulations]
[Page 8171]
[DOCID:fr24fe09-14]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2008-0455; Airspace Docket No. 08-AAL-14]

Establishment of Class E Airspace; Umiat, AK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes Class E airspace at Umiat, AK to
provide adequate controlled airspace to contain aircraft executing
Standard Instrument Approach Procedures (SIAPs). Two SIAPs are being
created for the Umiat Airport along with a textual Obstacle Departure
Procedure (ODP). This action establishes Class E airspace upward from
700 feet (ft.) and 1,200 ft. above the surface at Umiat Airport, Umiat,
AK.

DATES: Effective Date: 0901 UTC, May 7, 2009. The Director of the
Federal Register approves this incorporation by reference action under
title 1, Code of Federal Regulations, part 51, subject to the annual
revision of FAA Order 7400.9 and publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Gary Rolf, AAL-538G, Federal Aviation
Administration, 222 West 7th Avenue, Box 14, Anchorage, AK 99513-7587;
telephone number<PHONE_NUMBER>; fax:<PHONE_NUMBER>; e-mail:
<EMAIL_ADDRESS>Internet address: http://www.faa.gov/about/
office_org/headquarters_offices/ato/service_units/systemops/fs/
alaskan/rulemaking/.

SUPPLEMENTARY INFORMATION:

History

    On Monday December 8, 2008, the FAA proposed to amend part 71 of
the Federal Aviation Regulations (14 CFR) part 71 to establish Class E
airspace upward from 700 ft. above the surface and from 1,200 ft. above
the surface at Umiat, AK (73 FR 74377). The action was proposed in
order to create Class E airspace sufficient in size to contain aircraft
while executing instrument procedures for the Umiat Airport. Class E
controlled airspace extending upward from 700 ft. and 1,200 ft. above
the surface in the Umiat Airport area is created by this action.
    Interested parties were invited to participate in this rulemaking
proceeding by submitting written comments on the proposal to the FAA.
No comments were received. The rule is adopted as proposed with the
following exception. The airport location has been updated to reflect
current survey data. With the exception of editorial changes, and the
changes described above, this rule is the same as that proposed in the
NPRM.
    The area will be depicted on aeronautical charts for pilot
reference. The coordinates for this airspace docket are based on North
American Datum 83. The Class E airspace areas designated as 700/1,200
ft. transition areas are published in paragraph 6005 of FAA Order
7400.9S, Airspace Designations and Reporting Points, signed October 3,
2008, and effective October 31, 2008, which is incorporated by
reference in 14 CFR 71.1. The Class E airspace designations listed in
this document will be published subsequently in the Order.

The Rule

    This amendment to 14 CFR part 71 establishes Class E airspace at
the Umiat Airport, Alaska. This Class E airspace is created to
accommodate aircraft executing new instrument procedures, and will be
depicted on aeronautical charts for pilot reference. The intended
effect of this rule is to provide adequate controlled airspace for
Instrument Flight Rules (IFR) operations at the Umiat Airport, Umiat,
Alaska.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this rule will not have a significant economic impact on
a substantial number of small entities under the criteria of the
Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle 1, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority.
    This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart 1, Section 40103, Sovereignty and use of
airspace. Under that section, the FAA is charged with prescribing
regulations to ensure the safe and efficient use of the navigable
airspace. This regulation is within the scope of that authority because
it creates Class E airspace sufficient in size to contain aircraft
executing instrument procedures for the Umiat Airport and represents
the FAA's continuing effort to safely and efficiently use the navigable
airspace.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

0
In consideration of the foregoing, the Federal Aviation Administration
amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, CLASS B, CLASS C, CLASS D, AND
CLASS E AIRSPACE AREAS; AIRWAYS; ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

    Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24
FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation
Administration Order 7400.9S, Airspace Designations and Reporting
Points, signed October 3, 2008, and effective October 31, 2008, is
amended as follows:

Paragraph 6005 Class E Airspace Extending Upward from 700 feet or
More Above the Surface of the Earth.
* * * * *

AAL AK E5 Umiat, AK [New]

Umiat, Umiat Airport, AK
    (Lat. 69[deg]22'16'' N., long. 152[deg]08'06'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.5-mile radius of the Umiat Airport, AK, and within 4
miles either side of the 266[deg] bearing from the Umiat Airport,
AK, extending from the 6.5-mile radius to 11.6 miles west of the
Umiat Airport, AK, and within 4 miles either side of the 082[deg]
bearing from the Umiat Airport, AK, extending from the 6.5-mile
radius to 11.6 miles east of the Umiat Airport, AK; and that
airspace extending upward from 1,200 feet above the surface within a
73-mile radius of the Umiat Airport, AK.
* * * * *

    Issued in Anchorage, AK, February 13, 2009.
James L. Krause,
Acting Manager, Alaska Flight Services Information Area Group.
 [FR Doc. E9-3827 Filed 2-23-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 173 (Thursday, September 6, 2018)]
[Notices]
[Page 45233]
[FR Doc No: 2018-19269]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER18-2335-000]

Supplemental Notice That Initial Market-Based Rate Filing
Includes Request for Blanket Section 204 Authorization: Josco Energy
USA, LLC

    This is a supplemental notice in the above-referenced proceeding
Josco Energy USA, LLC's application for market-based rate authority,
with an accompanying rate tariff, noting that such application includes
a request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is September 19, 2018.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
eSubscription link on the website that enables subscribers to receive
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC Online service, please email
[email protected] or call<PHONE_NUMBER> (toll free). For TTY,
call<PHONE_NUMBER>.

    Dated: August 30, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2018-19269 Filed 9-5-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 51 (Wednesday, March 16, 2022)]
[Notices]
[Pages 14853-14854]
[FR Doc No: 2022-05486]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OGC-2022-0293; FRL-9653-01-OGC]

Proposed Settlement Agreement, Clean Air Act Citizen Suit

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed settlement agreement; request for public
comment.

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SUMMARY: In accordance with the Clean Air Act, as amended (CAA or the
Act), notice is given of a proposed settlement agreement in Genscape,
Inc. v. EPA, No. 19-3705 (6th Cir.). On July 26, 2019, Petitioner
Genscape, Inc. (Genscape) filed a petition for review in the United
States Court of Appeals for the Sixth Circuit. Genscape challenged the
final action of the Environmental Protection Agency (EPA or the Agency)
entitled ``EPA Final Determination in the Matter of Genscape, Inc.,
Option A Quality Assurance Plan Auditor Under the Renewable Fuel
Standard Program'' (``Final Determination''), which was issued on May
31, 2019. The proposed settlement agreement would require dismissal of
the litigation once EPA issues a revision to the Final Determination as
specified in Attachment A.

DATES: Written comments on the proposed settlement agreement must be
received by April 15, 2022.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OGC-2022-0293, online at https://www.regulations.gov (EPA's preferred
method). Follow the online instructions for submitting comments.
    Instructions: All submissions received must include the Docket ID
number for this action. Comments received may be posted without change
to https://www.regulations.gov, including any personal information
provided. For detailed instructions on sending comments and additional
information on the rulemaking process, see the ``Additional Information
about Commenting on the Proposed Settlement Agreement'' heading under
the SUPPLEMENTARY INFORMATION section of this document. Out of an
abundance of caution for members of the public and our staff, the EPA
Docket Center and Reading Room are closed to the public, with limited
exceptions, to reduce the risk of transmitting COVID-19. Our Docket
Center staff will continue to provide remote customer service via
email, phone, and webform. We encourage the public to submit comments
via https://www.regulations.gov, as there may be a delay in processing
mail and faxes. Hand-deliveries and couriers may be received by
scheduled appointment only. For further information on EPA Docket
Center services and the current status, please visit us online at
https://www.epa.gov/dockets.
    EPA continues to carefully and continuously monitor information
from the CDC, local area health departments, and our federal partners
so that we can respond rapidly as conditions change regarding COVID-19.

FOR FURTHER INFORMATION CONTACT: Susan Stahle, Air and Radiation Law
Office (mail code), Office of General Counsel, U.S. Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460;
telephone<PHONE_NUMBER>; email address [email protected].

SUPPLEMENTARY INFORMATION:

I. Obtaining a Copy of the Proposed Settlement Agreement

    The official public docket for this action (identified by Docket ID
No. EPA-HQ-OGC-2022-0293) contains a copy of the proposed settlement
agreement.
    The electronic version of the public docket for this action
contains a copy of the proposed settlement agreement and is available
through https://www.regulations.gov. You may use https://www.regulations.gov to submit or view public comments, access the index
listing of the contents of the official public docket, and access those
documents in the public docket that are available electronically. Once
in the system, key in the appropriate docket identification number then
select ``search.''

II. Additional Information About the Proposed Settlement Agreement

    On May 31, 2019, EPA issued the Final Determination in which it (1)
revoked Genscape's registration as a Quality Assurance Plan (QAP)
auditor pursuant to 40 CFR 80.1450(g)(11); (2) revoked Genscape's QAP A
Plan under 40 CFR 80.1469(e)(4); and (3) required Genscape to replace
the remaining invalid A-RINs it had verified and that were used for
compliance purposes pursuant to 40 CFR 80.1470(d) and 80.1474(b)(5)(i).
On July 26, 2019, Genscape filed a petition for review in the Sixth
Circuit Court of Appeals challenging only the portion of the Final
Determination requiring Genscape to replace the invalid RINs. The
proposed settlement would require dismissal of this litigation once EPA
issues a revision to the Final Determination as specified in Attachment
A within 30 days of a fully executed settlement agreement. The revision
to the Final Determination would be limited to revisions addressing the
number of RINs Genscape must replace, the time in which they much be
replaced and other requirements regarding that RIN replacement.
Genscape would file an appropriate pleading to dismiss its petition for
review with prejudice

within 15 days of EPA issuing the revision to the Final Determination.
    If Genscape fully complies with the revised Final Determination, it
would fulfill Genscape's RIN replacement obligations under and bring
Genscape into compliance with 40 CFR 80.1470 and 80.1474 regarding the
auditing activities described in the Final Determination and would
fully resolve all RIN retirement obligations of Genscape and its parent
companies identified in the proposed settlement agreement arising from
the Final Determination. If Genscape fails to comply with any
requirement in the revised Final Determination, EPA would reserve the
right to initiate proceedings to enforce that action. If EPA fails to
issue the revisions to the Final Determination, Genscape would be able
to pursue its challenge to the original Final Determination.
    In accordance with section 113(g) of the CAA, for a period of
thirty (30) days following the date of publication of this document,
the Agency will accept written comments relating to the proposed
settlement agreement. EPA or the Department of Justice may withdraw or
withhold consent to the proposed settlement agreement if the comments
disclose facts or considerations that indicate that such consent is
inappropriate, improper, inadequate, or inconsistent with the
requirements of the Act.

III. Additional Information About Commenting on the Proposed Settlement
Agreement

    Submit your comments, identified by Docket ID No. EPA-HQ-OGC-2022-
0293, via https://www.regulations.gov. Once submitted, comments cannot
be edited or removed from this docket. EPA may publish any comment
received to its public docket. Do not submit to EPA's docket at https://www.regulations.gov any information you consider to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Multimedia submissions (audio, video, etc.) must
be accompanied by a written comment. The written comment is considered
the official comment and should include discussion of all points you
wish to make. EPA will generally not consider comments or comment
contents located outside of the primary submission (i.e., on the web,
cloud, or other file sharing system). For additional submission
methods, the full EPA public comment policy, information about CBI or
multimedia submissions, and general guidance on making effective
comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets. For additional information about submitting information
identified as CBI, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section of this document. Note that written
comments containing CBI and submitted by mail may be delayed and
deliveries or couriers will be received by scheduled appointment only.
    If you submit an electronic comment, EPA recommends that you
include your name, mailing address, and an email address or other
contact information in the body of your comment. This ensures that you
can be identified as the submitter of the comment and allows EPA to
contact you in case EPA cannot read your comment due to technical
difficulties or needs further information on the substance of your
comment. Any identifying or contact information provided in the body of
a comment will be included as part of the comment that is placed in the
official public docket and made available in EPA's electronic public
docket. If EPA cannot read your comment due to technical difficulties
and cannot contact you for clarification, EPA may not be able to
consider your comment.
    Use of the https://www.regulations.gov website to submit comments
to EPA electronically is EPA's preferred method for receiving comments.
The electronic public docket system is an ``anonymous access'' system,
which means EPA will not know your identity, email address, or other
contact information unless you provide it in the body of your comment.
    Please ensure that your comments are submitted within the specified
comment period. Comments received after the close of the comment period
will be marked ``late.'' EPA is not required to consider these late
comments.

Gautam Srinivasan,
Associate General Counsel.
[FR Doc. 2022-05486 Filed 3-15-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 236 (Thursday, December 8, 2011)]
[Proposed Rules]
[Pages 76673-76674]
[FR Doc No: 2011-31529]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2005-TX-0025; FRL-9502-5]

Approval and Promulgation of Implementation Plans; Texas;
Revisions to the New Source Review (NSR) State Implementation Plan
(SIP); General Definitions; Definition of Modification of Existing
Facility

AGENCY: Environmental Protection Agency (EPA).

ACTION: Withdrawal of Proposed Disapproval.

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SUMMARY: EPA is withdrawing a proposed disapproval proposed on
September 23, 2009, regarding two provisions that have been superseded
by later submitted revisions. EPA is taking these actions under section
110 of the Clean Air Act.

DATES: The proposed rule published September 23, 2009 (74 FR 48450) is
withdrawn as of December 8, 2011.

FOR FURTHER INFORMATION CONTACT: Mr. Stanley M. Spruiell, Air Permits
Section (6PD-R), Environmental Protection Agency, Region 6, 1445 Ross
Avenue, Suite 700, Dallas, Texas 75202-2733, telephone<PHONE_NUMBER>;
fax number<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The EPA is withdrawing severable portions of
its September 23, 2009, proposed disapproval of revisions to Title 30
of the Texas Administrative Code (30 TAC) Section 116.10(11)(A) and
(B), submitted March 13, 1996; July 22, 1998; and September 4, 2002.
These are severable portions of the definition of ``modification of
existing facility.''
    As noted in the September 23, 2009, proposed action on
Subparagraphs (A) and (B), the two Subparagraphs are not severable from
each other. See 74 FR 48450, at 48452. The two provisions were
considered in conjunction with each other as our basis of evaluation in
the original proposal. Because (B) is now repealed, and the wording of
(A) has been changed in an October 5, 2010, submitted revision,\1\ the
basis of evaluation in the original proposed action has changed. As
proposed July 18, 2011 (76 FR 42078), EPA therefore withdraws its
previously proposed action so that the submitted revised Subparagraph
(A) and the impact of the repeal of Subparagraph (B) upon the revised
Subparagraph (A) may be addressed in a future separate action. This
course of action will promote efficiency, mitigate confusion, and
facilitate new comments on the future proposed action on the October 5,
2010, submittal with a proper basis of evaluation. Given the need for
comments and evaluation of the newly submitted regulatory wording
changes to Subparagraph (A), EPA considers any established deadline
under the Business Coalition for Clean Air Appeal Group (BCCA)
Settlement Agreement to be inapplicable with respect to this provision.
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    \1\ The October 5, 2010 Submittal also redesignated Section
116.10(11) to Section 116.10(9).
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    The repeal of Subparagraph (B) in the October 2010 SIP submittal
also renders moot and inapplicable any obligation to act on that
provision under the BCCA Settlement Agreement. Because Subparagraph (B)
was repealed and is no longer before EPA for action, no further action
is needed on this provision. Consequently, EPA now withdraws its
previously proposed action on Subparagraph (B).
    In response to our July 18, 2011, proposed withdrawal of 30 TAC
116.10(11)(A) and (B), we received comments from Texas Industry Project
and BCCA Appeal Group. The commenters agree that it is appropriate to
withdraw the proposed disapproval of these provisions because
Subparagraph (A) has been amended since EPA's proposed disapproval and
because Subparagraph (B) has been repealed. Based upon the proposal and
consideration of the comments we received, we are withdrawing the
proposed September 23, 2009, disapproval of 30 TAC 116.10(11)(A) and
(B), as submitted March 13, 1996; July 22, 1998; and September 4, 2002.
Subparagraph (A) as it appears in the October 5, 2010, submittal will
be evaluated and will be addressed in a separate future action.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental
relations.

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

    Dated: November 29, 2011.
Al Armendariz,
Regional Administrator, Region 6.
[FR Doc. 2011-31529 Filed 12-7-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 86, Number 93 (Monday, May 17, 2021)]
[Notices]
[Page 26758]
[FR Doc No: 2021-10457]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meetings

TIME AND DATE: 2 p.m. on Thursday, May 20, 2021.

PLACE: The meeting will be held via remote means and/or at the
Commission's headquarters, 100 F Street NE, Washington, DC 20549.

STATUS: This meeting will be closed to the public.

MATTERS TO BE CONSIDERED: Commissioners, Counsel to the Commissioners,
the Secretary to the Commission, and recording secretaries will attend
the closed meeting. Certain staff members who have an interest in the
matters also may be present.
    In the event that the time, date, or location of this meeting
changes, an announcement of the change, along with the new time, date,
and/or place of the meeting will be posted on the Commission's website
at https://www.sec.gov.
    The General Counsel of the Commission, or his designee, has
certified that, in his opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(3), (5), (6), (7), (8), 9(B) and (10) and 17 CFR
200.402(a)(3), (a)(5), (a)(6), (a)(7), (a)(8), (a)(9)(ii) and (a)(10),
permit consideration of the scheduled matters at the closed meeting.
    The subject matter of the closed meeting will consist of the
following topics:

Institution and settlement of injunctive actions;
Institution and settlement of administrative proceedings;
Resolution of litigation claims; and
Other matters relating to examinations and enforcement proceedings.

    At times, changes in Commission priorities require alterations in
the scheduling of meeting agenda items that may consist of
adjudicatory, examination, litigation, or regulatory matters.

CONTACT PERSON FOR MORE INFORMATION: For further information; please
contact Vanessa A. Countryman from the Office of the Secretary at (202)
551-5400.

    Dated: May 13, 2021.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2021-10457 Filed 5-13-21; 4:15 pm]
BILLING CODE 8011-01-P


[Federal Register: May 13, 2008 (Volume 73, Number 93)]
[Notices]
[Page 27585-27586]
[DOCID:fr13my08-97]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-57793; File No. SR-CBOE-2008-52]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change Relating to the Temporary Membership Status Access Fee

May 7, 2008.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on April 30, 2008, the Chicago Board Options Exchange, Incorporated
(``CBOE'' or ``Exchange'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change as described in
Items I, II, and III below, which Items have been prepared by the
Exchange. CBOE has designated this proposal as one establishing or
changing a due, fee, or other charge imposed by the Exchange under
Section 19(b)(3)(A),\3\ and Rule 19b-4(f)(2) thereunder,\4\ which
renders the proposal effective upon filing with the Commission. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested parties.
---------------------------------------------------------------------------

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

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

    CBOE proposes to adjust the monthly access fee for persons granted
temporary CBOE membership status (``Temporary Members'') pursuant to
Interpretation and Policy .02 under CBOE Rule 3.19 (``Rule 3.19.02'').
The text of the proposed rule change is available on the Exchange's Web
site (http://www.cboe.org/Legal/), 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, CBOE 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. CBOE 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 current access fee for Temporary Members under Rule 3.19.02 \5\
is $8,260 per month and took effect on April 1, 2008. The Exchange
proposes to revise the access fee to be $10,079 per month commencing on
May 1, 2008.
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release No. 56458 (September 18,
2007), 72 FR 54309 (September 24, 2007) (SR-CBOE-2007-107) for a
description of the Temporary Membership status under Rule 3.19.02.
---------------------------------------------------------------------------

    The Exchange used the following process to set the proposed access
fee: The Exchange polled each of the clearing firms that assists in
facilitating at least 10% of the transferable CBOE membership leases
and obtained the Clearing Firm Floating Monthly Rate \6\ designated by
each of these clearing firms for the month of May 2008. The Exchange
then set the proposed access fee at an amount equal to the highest of
these Clearing Firm Floating Monthly Rates.
---------------------------------------------------------------------------

    \6\ The term ``Clearing Firm Floating Monthly Rate'' refers to
the floating monthly rate that a clearing firm designates, in
connection with transferable membership leases that the clearing
firm assisted in facilitating, for leases that utilize that floating
monthly rate.
---------------------------------------------------------------------------

    The Exchange used the same process to set the proposed access fee
that it used to set the current access fee. The only difference is that
the Exchange used Clearing Firm Floating Monthly Rate information for
the month of May 2008 to set the proposed access fee (instead of
Clearing Firm Floating Monthly Rate information for the month of April
2008 as was used to set the current access fee) in order to take into
account changes in Clearing Firm Floating Monthly Rates for the month
of May 2008.
    The Exchange believes that the process used to set the proposed
access fee and the proposed access fee itself are appropriate for the
same reasons set forth in CBOE rule filing SR-CBOE-2008-12 in support
of that process and the original access fee for Temporary Members under
Rule 3.19.02.\7\
---------------------------------------------------------------------------

    \7\ See Securities Exchange Act Release No. 57293 (February 8,
2008), 73 FR 8729 (February 14, 2008) (SR-CBOE-2008-12), which
established the original access fee for Temporary Members under Rule
3.19.02, for detail regarding the rationale in support of the
original access fee and the process used to set that fee, which is
also applicable to this proposed rule change as well.
---------------------------------------------------------------------------

    The proposed access fee will remain in effect until such time
either that the Exchange submits a further rule filing pursuant to
Section 19(b)(3)(A)(ii) of the Act \8\ to modify the proposed access
fee or the Temporary Membership status under Rule 3.19.02 is
terminated. Accordingly, the Exchange may further adjust the proposed
access fee in the future if the Exchange determines that it would be
appropriate to do so taking into consideration lease rates for
transferable CBOE memberships prevailing at that time.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A)(ii).
---------------------------------------------------------------------------

    The procedural provisions of the CBOE Fee Schedule related to the
assessment of the proposed access fee are not proposed to be changed
and will remain the same as the current procedural provisions regarding
the assessment of the current access fee. However, the Exchange is
proposing to delete the current reference in the Fee Schedule which
notes that the first month for which an access fee will be assessed to
Temporary Members under Rule 3.19.02 is February 2008 because the
commencement of the assessment of this access fee is now past.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\9\ in general, and furthers the
objectives of Section 6(b)(4) of the Act,\10\ in particular, in that it
is designed to provide for the equitable allocation of reasonable dues,
fees, and other charges among persons using its facilities.

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

    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

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

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

    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

    Because the foregoing rule change establishes or changes a due,
fee, or other charge imposed by the Exchange, it has become effective
pursuant to Section 19(b)(3)(A) of the Act \11\ and subparagraph (f)(2)
of Rule 19b-4 \12\ thereunder. At any time within 60 days of the filing
of the proposed rule change, the Commission may summarily abrogate 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.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

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 e-mail to<EMAIL_ADDRESS>Please include
File Number SR-CBOE-2008-52 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CBOE-2008-52. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/
sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
am and 3 pm. Copies of such filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; 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 No. SR-CBOE-2008-52 and should be
submitted on or before June 3, 2008.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
---------------------------------------------------------------------------

    \13\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Nancy M. Morris,
Secretary.
 [FR Doc. E8-10620 Filed 5-12-08; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 83, Number 193 (Thursday, October 4, 2018)]
[Notices]
[Pages 50142-50143]
[FR Doc No: 2018-21624]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0304]

California Meal and Rest Break Rules; Petition for Determination
of Preemption

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

ACTION: Notice of petition for determination of preemption; request for
comments.

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

SUMMARY: FMCSA requests comments on a petition submitted by the
American Trucking Associations, Inc. (ATA) requesting a determination
that the State of California's meal and rest break rules are preempted
by Federal law. Among other things, FMCSA requests comments on what
effect, if any, California's meal and rest break requirements may have
on interstate commerce.

DATES: Comments must be received on or before October 29, 2018.

ADDRESSES: You may submit comments identified by Federal Docket
Management System (FDMS) Number FMCSA-2018-0304 by any of the following
methods:
     Federal eRulemaking Portal: www.regulations.gov. See the
Public Participation and Request for Comments section below for further
information.
     Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building, Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m.
E.T., Monday through Friday, except Federal holidays.
     Fax: 1-202-493-2251.
    Each submission must include the Agency name and the docket number
for this notice. Note that DOT posts all comments received without
change to www.regulations.gov, including any personal information
included in a comment. Please see the Privacy Act heading below.

FOR FURTHER INFORMATION CONTACT: Mr. Charles Medalen, Regulatory
Affairs Division; FMCSA Chief Counsel; Telephone:<PHONE_NUMBER>;
Email: [email protected]. If you have questions on viewing or
submitting material to the docket, contact Docket Services, telephone
(202) 366-9826.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    FMCSA encourages you to participate by submitting comments and
related materials.

Submitting Comments

    If you submit a comment, please include the docket number for this
notice (FMCSA-2018-0304), indicate the specific section of this
document to which the comment applies, and provide a reason for
suggestions or recommendations. You may submit your comments and
material online or by fax, mail, or hand delivery, but please use only
one of these means. FMCSA recommends that you include your name and a
mailing address, an email address, or a phone number in the body of
your document so the Agency can contact you if it has questions
regarding your submission.
    To submit your comment online, go to www.regulations.gov and put
the docket number, ``FMCSA-2018-0304'' in the ``Keyword'' box, and
click ``Search.'' When the new screen appears, click on ``Comment
Now!'' button and type your comment into the text box in the following
screen. Choose whether you are submitting your comment as an individual
or on behalf of a third party and then submit. If you submit your
comments by mail or hand delivery, submit them in an unbound format, no
larger than 8\1/2\ by 11 inches, suitable for copying and electronic
filing. If you submit comments by mail and would like to know that they
reached the facility, please enclose a stamped, self-addressed postcard
or envelope. FMCSA will consider all comments and material received
during the comment period.
    Docket. For access to the docket to read background documents or
comments, go to www.regulations.gov at any time or visit Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday,
except Federal holidays. The on-line FDMS is available 24 hours each
day, 365 days each year.
    Privacy Act. In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its determination. DOT posts
these comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.
Background
    On September 24, 2018, ATA submitted a petition to FMCSA requesting
a determination under 49 U.S.C. 31141 that the State of California's
Meal and Rest Break rules are preempted by Federal law (Petition). The
petition stated that, under California law, within the transportation
industry, an employer may not employ an employee for a work period of
more than five hours per day without providing the employee with a meal
period of not less than 30 minutes, except that if the total work
period per day of the employee is no more than six hours, the meal
period may be waived by mutual consent of both the employer and
employee. Petition at 1-2 (citing Cal. Lab. Code Sec.  512(a)). The
petition stated that an employer may not employ an employee for a work
period of more than 10 hours per day without providing the employee
with a second meal period of not less than 30 minutes, except that if
the total hours worked is no more than 12 hours, the second meal period
may be waived by mutual consent of the employer and the employee only
if the first meal period was not waived. Id. Ordinarily, the employee
must be ``relieved of all duty'' for the period, unless ``the nature of
the work prevents an employee from being relieved of all duty,'' and
the employee enters into a written agreement to remain on duty, which
he or she may revoke at any time. Id. at 2 (citing Cal. Industrial Wage
Commission Wage Order No. 9 Sec.  11(C)).
    The petition also stated that California law provides that, within
the transportation industry, every employer shall authorize and permit
all employees to take rest periods, which insofar as practicable shall
be in the middle of each work period. Id. (citing Wage Order No. 9
Sec.  12(a)). The authorized rest period time shall be based on the
total hours worked daily at the rate of ten (10) minutes net rest time
per four (4) hours or major fraction thereof. However, a rest period
need not be authorized for employees whose total daily work time is
less than three and one-half (3 \1/2\) hours. Authorized rest period
time shall be counted as hours worked for which there shall be no
deduction from wages. Id.
    In short, California generally requires employers in the
transportation industry to provide employees with an off-duty 30-minute
break for every five hours worked, before the end of each five-hour
period; and a ten-minute off-duty break for every four hour period (or
``major fraction thereof,'' i.e., period greater than two hours), in
the middle of each such period if possible. Commercial drivers covered
by collective bargaining agreements that meet certain statutorily
enumerated criteria, however, are not

subject to the meal period requirement. See id. (citing Cal. Lab. Code
Sec.  512(e), (f)(2)).
Applicable Law
    Section 31141 of title 49, United States Code, prohibits States
from enforcing a law or regulation on commercial motor vehicle safety
that the Secretary of Transportation (Secretary) has determined to be
preempted. To determine whether a State law or regulation is preempted,
the Secretary must decide whether a State law or regulation: (1) Has
the same effect as a regulation prescribed under 49 U.S.C. 31136, which
is the authority for much of the Federal Motor Carrier Safety
Regulations (FMCSRs); (2) is less stringent than such a regulation; or
(3) is additional to or more stringent than such a regulation. 49
U.S.C. 31141(c)(1).
    If the Secretary decides that a State law or regulation has the
same effect as a regulation prescribed under 49 U.S.C. 31136, the State
law or regulation may be enforced. Id. Sec.  31141(c)(2). If the
Secretary decides that a State law or egulation is less stringent than
a regulation prescribed under 49 U.S.C. 31136, the State law or
regulation may not be enforced. Id. Sec.  31141(c)(3). If the Secretary
decides that a State law or regulation is additional to or more
stringent than a regulation prescribed by the Secretary under 49 U.S.C.
31136, the State law or regulation may be enforced unless the Secretary
decides that the State law or regulation (1) Has no safety benefit; (2)
is incompatible with the regulation prescribed by the Secretary; or (3)
would cause an unreasonable burden on interstate commerce. Id. Sec.
31141(c)(4). In deciding whether a State law or regulation will cause
an unreasonable burden on interstate commerce, the Secretary may
consider the cumulative effect on implementation of the State law or
regulation and all similar laws and regulations of other States. Id.
Sec.  31141(c)(5). The Secretary's authority under 49 U.S.C. 31141 is
delegated to the FMCSA Administrator by 49 CFR 1.87(f).
Request for Comments
    Although preemption under 31141 is a legal determination reserved
to the judgment of the Agency, FMCSA seeks comment on any issues raised
in ATA's petition or otherwise relevant. The Agency has placed ATA's
petition in the docket.

    Issued on: September 28, 2018.
Raymond P. Martinez,
Administrator.
[FR Doc. 2018-21624 Filed 10-3-18; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register Volume 80, Number 6 (Friday, January 9, 2015)]
[Notices]
[Pages 1469-1470]
[FR Doc No: 2015-00114]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket Number FRA-2014-0091]

Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49 Code of Federal Regulations
(CFR), this document provides the public notice that by a document
dated September 29, 2014, the Eastern Berks Gateway Railroad (EBGR) has
petitioned the Federal Railroad Administration (FRA) for a waiver of
compliance from certain provisions of the Federal railroad safety
regulations contained at 49 CFR 223.11, Requirements for existing
locomotives. FRA assigned the petition Docket Number FRA-2014-0091.
EBGR is headquartered in Boyertown, PA, and is a for-profit subsidiary
of the nonprofit Colebrookdale Railroad Restoration Trust. EBGR has
petitioned for a permanent waiver of compliance for its Plymouth
locomotive, Number 6434, from the requirements of the Railroad Safety
Glazing Standards, 49 CFR part 223, for certified glazing in all
windows and a minimum of four emergency windows. The locomotive was
built in 1964. The locomotive is used for one or two weekly trips over
8.6 miles of track between Boyertown and Pottstown, PA, which serves as
a feeder line to the Norfolk Southern Railroad that runs through
Pottstown, PA. The line meanders through woods and rock formations.
There are six public at-grade highway crossings on the railroad. Two of
those crossings have automated flashing lights. The remainder is
equipped with cross-bucks. The locomotive is used primarily for
passenger excursion trains and for yard switching duties in Boyertown.
The maximum speed limit for these operations is 10 mph. EBGR indicates
no instance of vandalism or personal injury, and professes financial
burden in retrofitting the locomotive to comply with FRA safety glazing
standards.
    A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov and in person at the U.S. Department of
Transportation's (DOT) Docket Operations Facility, 1200 New Jersey Ave.
SE., W12-140, Washington, DC 20590. The Docket Operations Facility is
open from 9 a.m. to 5 p.m., Monday through Friday, except Federal
Holidays.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment, they should notify FRA, in
writing, before the end of the comment period and specify the basis for
their request.
    All communications concerning these proceedings should identify the
appropriate docket number and may be

submitted by any of the following methods:
     Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal Holidays.
    Communications received by February 23, 2015 will be considered by
FRA before final action is taken. Comments received after that date
will be considered as far as practicable.
    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the comment (or signing the document,
if submitted on behalf of an association, business, labor union, etc.).
See http://www.regulations.gov/#!privacyNotice for the privacy notice
of regulations.gov or interested parties may review DOT's complete
Privacy Act Statement in the Federal Register published on April 11,
2000 (65 FR 19477).

    Issued in Washington, DC, on January 5, 2015.
Ron Hynes,
Director, Office of Technical Oversight.
[FR Doc. 2015-00114 Filed 1-8-15; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register: February 9, 2010 (Volume 75, Number 26)]
[Notices]
[Page 6404]
[DOCID:fr09fe10-89]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2008-N-0045] (formerly Docket No. 2004N-0408)

Regulatory Site Visit Training Program

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration's (FDA's) Center for
Biologics Evaluation and Research (CBER) is announcing an invitation
for participation in its Regulatory Site Visit Training Program (RSVP).
This training program is intended to give CBER regulatory review,
compliance, and other relevant staff an opportunity to visit biologics
facilities. These visits are intended to allow CBER staff to directly
observe routine manufacturing practices and to give CBER staff a better
understanding of the biologics industry, including its challenges and
operations. The purpose of this notice is to invite biologics
facilities to contact CBER for more information if they are interested
in participating in this program.

DATES: Submit a written or electronic request for participation in this
program by March 11, 2010. The request should include a description of
your facility relative to products regulated by CBER. Please specify
the physical address(es) of the site(s) you are offering.

ADDRESSES: If your biologics facility is interested in offering a site
visit, you should submit a request to participate in the program to the
Division of Dockets Management (HFA-305), Food and Drug Administration,
5630 Fishers Lane, rm. 1061, Rockville, MD 20852. Submit electronic
requests to http://www.regulations.gov. If you previously responded to
earlier requests to participate in this program and you continue to be
interested in participating, please renew your request through a
submission to the Division of Dockets Management.

FOR FURTHER INFORMATION CONTACT:  Lonnie W. Henderson, Division of
Manufacturers Assistance and Training, Center for Biologics Evaluation
and Research (HFM-49), Food and Drug Administration, 1401 Rockville
Pike, suite 200N, Rockville, MD 20852-1448,<PHONE_NUMBER>, FAX: 301-827-
3079, e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    CBER regulates certain biological products including blood and
blood products, vaccines, and cellular, tissue, and gene therapies.
CBER is committed to advancing the public health through innovative
activities that help ensure the safety, effectiveness and availability
of biological products to patients. To support this primary goal, CBER
has initiated various training and development programs, including
programs to further enhance performance of its compliance staff,
regulatory review staff, and other relevant staff. CBER seeks to
continuously enhance and update review efficiency and quality, and the
quality of its regulatory efforts and interactions, by providing CBER
staff with a better understanding of the biologics industry and its
operations. Further, CBER seeks to enhance: (1) Its understanding of
current industry practices, and regulatory impacts and needs; and (2)
communication between CBER staff and industry. CBER initiated its RSVP
in 2005, and through these annual notices, is requesting those firms
that have previously applied and are still interested in participating,
to reaffirm their interest, as well as requesting new interested
parties to apply.

II. RSVP

A. Regulatory Site Visits

    In this program, over a period of time to be agreed upon with the
facility, small groups of CBER staff may observe operations of
biologics establishments, including for example, blood and tissue
establishments. The visits may include packaging facilities, quality
control and pathology/toxicology laboratories, and regulatory affairs
operations. These visits, or any part of the program, are not intended
as a mechanism to inspect, assess, judge, or perform a regulatory
function, but are meant to improve mutual understanding and to provide
an avenue for open dialogue between the biologics industry and CBER.

B. Site Selection

    All travel expenses associated with the site visits will be the
responsibility of CBER. Therefore, selection of potential facilities
will be based on the coordination of CBER's priorities for staff
training as well as the limited available resources for this program.
In addition to logistical and other resource factors to consider, a key
element of site selection is a successful compliance record with FDA or
another agency with which we have a memorandum of understanding. If a
site visit also involves a visit to a separate physical location of
another firm under contract to the applicant, the other firm also needs
to agree to participate in the program, as well as have a satisfactory
compliance history.

III. Requests for Participation

    Requests are to be identified with the docket number found in the
brackets in the heading of this document. Received requests are
available for public examination in the Division of Dockets Management
between 9 a.m. and 4 p.m., Monday through Friday.

    Dated: February 4, 2010.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2010-2758 Filed 2-8-10; 8:45 am]
BILLING CODE 4160-01-S


[Federal Register: October 3, 2005 (Volume 70, Number 190)]
[Notices]
[Page 57578-57579]
[DOCID:fr03oc05-65]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL05-49-000]

Exelon Corporation v. PPL Electric Utilities Corporation and PJM
Interconnection, L.L.C.; Notice of Filing

September 26, 2005.
    Take notice that on September 14, 2005, Exelon Corporation, on
behalf of itself and its wholly-owned subsidiary, PECO Energy Company
(PECO) and PPL Electric Utilities Corporation (PPL) filed an Offer of
Settlement and Settlement Agreement (Settlement) in the above-captioned
proceeding to resolve all issues set for settlement proceeding and
hearing on April 18, 2005, in connection with overcharges assessed by
PJM Interconnection, L.L.C. (PJM) to PECO., Exelon Corp. v. PPL Elec.
Utils. Corp. and PJM Interconnection, L.L.C. 111 FERC ] 61,065 (2005).
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as

appropriate. Such notices, motions, or protests must be filed on or
before the comment date. Anyone filing a motion to intervene or protest
must serve a copy of that document on the Applicant and all the parties
in this proceeding.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible online at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. eastern time on October 4, 2005.

Magalie R. Salas,
Secretary.
 [FR Doc. E5-5391 Filed 9-30-05; 8:45 am]

BILLING CODE 6717-01-P


PAPERWORK REDUCTION ACT SUBMISSION Please read the instructions before completing this form. For additional forms or assistance in completing this form, contact your agency's Paperwork Clearance Officer. Send two copies of this form, the collection instrument to be reviewed, the Supporting Statement and any additional documentation to: Office of Information and Regulatory Affairs, Office of Management and Budget, Docket Library, Room 10102, 725 17th Street NW Washington, DC 20503.

1. Agency/ Subagency originating request EPA, Office of Prevention, Pesticides & Toxic Substances 2. OMB control number b. G None a. 2 0 7 0  0 0 0 4 __ __ __ __

3. Type of information collection ( check one) a. G New collection b. G Revision of a currently approved collection c. O Extension of a currently approved collection d. G Reinstatement, without change, of a previously approved collection for which approval has expired e. G Reinstatement, with change, of a previously approved collection for which approval has expired f. G Existing collection in use without an OMB control number 4. Type of review requested ( check one) a. O Regular b. G Emergency  Approval requested by: / / c. G Delegated 5. Small entities Will this information collection have a significant economic impact on a substantial number of small entities? G Yes G No For b f, note item A2 of Supporting Statement Instructions 6. Requested expiration date a. O Three years from approval date b. G Other Specify: / /___

7. Title Health and Safety Data Reporting; Submission of Lists and Copies of Health and Safety Studies 8. Agency form number( s) ( If applicable) EPA ICR # 0575.09 9. Keywords Environmental Protection; Hazardous Substances; Reporting and Recordkeeping Requirements 10. Abstract This rule requires the submission of health and safety studies on specified chemicals by manufacturers and processors. The chemicals subject to the rule have been recommended for study by the Interagency Testing Committee or were otherwise selected by EPA. EPA will then use the studies to assess health and environmental effects of the chemicals and the need for testing under TSCA section 4.

11. Affected public ( Mark primary with " P" and all others that apply with " X") a. Individuals or households d. Farms b. P Business or other for profit e. Federal Government c. Not for profit institutions f. State, Local or Tribal Government 12. Obligation to respond ( Mark primary with " P" and all others that apply with " X") a. G Voluntary b. G Required to obtain or retain benefits c. P Mandatory 13. Annual reporting and recordkeeping hour burden a. Number of respondents 569 b. Total annual responses 495 1. Percentage of these responses collected electronically 0 % c. Total hours requested 2,344 d. Current OMB inventory 4,542 e. Difference  2,198 f. Explanation of difference 1. Program Change 2. Adjustment  2,198 14. Annual reporting and recordkeeping cost burden ( in thousands of dollars)

a. Total annualized capital/ startup costs 0 b. Total annual costs ( O& M) 0 c. Total annualized cost requested 0 d. Current OMB inventory 0 e. Difference 0 f. Explanation of difference 1. Program change 2. Adjustment 15. Purpose of information collection ( Mark Primary With " P" and all others that apply with " X") a. __ Application for benefits e. __ Program planning or management b. __ Program evaluation f. __ Research c. __ General purpose statistics g. P Regulatory or compliance d. __ Audit 16. Frequency of recordkeeping or reporting ( check all that apply) a. G Recordkeeping b. G Third party disclosure c. O Reporting 1. O On occasion 2. G Weekly 3. G Monthly 4. G Quarterly 5. G Semi annually 6. G Annually 7. G Biannually 8. G Other ( describe)

17. Statistical methods Does this information collection employ statistical methods?

G Yes O No 18. Agency contact ( person who can best answer questions regarding the content of this submission) Name: Angela F. Hofmann, Director, Regulatory Coordination Staff Phone: 202 564 0258 OMB 83 I 10/ 95 19. Certification for Paperwork Reduction Act Submissions On behalf of this Federal agency, 1 certify that the collection of information encompassed by this request complies with 5 CFR 1320.9.

NOTE: The text of 5 CFR 1320.9, and the related provisions of 5 CFR 1320.8( b)( 3), appear at the end of the instructions. The certification is to be made with reference to those regulatory provisions as set forth in the instructions.

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

( a) It is necessary for the proper performance of agency functions;

( b) It avoids unnecessary duplication;

( c) It reduces burden on small entities;

( d) It uses plain, coherent, and unambiguous terminology that is understandable to respondents;

( e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

( f) It indicates the retention periods for recordkeeping requirements;

( g) It informs respondents of the information called for under 5 CFR 1320.8( b)( 3): ( i) Why the information is being collected; ( ii) Use of information; ( iii) Burden estimate; ( iv) Nature of response ( voluntary, required for a benefit, or mandatory); ( v) Nature and extent of confidentiality; and ( vi) Need to display currently valid OMB control number;

( h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected ( see note in Item 19 of the instructions);

( i) It uses effective and efficient statistical survey methodology; and ( j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item below and explain the reason in Item 18 of the Supporting Statement.

Signature of Program Official Angela F. Hofmann, Director Regulatory Coordination Staff ( OPPTS) Date Signature of Senior Official or designee Oscar Morales, Director Collection Strategies Division Office of Environmental Information ( OEI) Date OMB 83 I 10/ 95


[Federal Register: October 5, 2009 (Volume 74, Number 191)]
[Notices]
[Page 51205-51208]
[DOCID:fr05oc09-97]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60720; File No. SR-NYSEAmex-2009-64]

Self-Regulatory Organizations; Notice of Filing and Immediate
Effectiveness of Proposed Rule Change by NYSE Amex LLC Amending
Commentary .06 to Rule 903, Series of Options Open for Trading

September 25, 2009.
    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 September 23, 2009, NYSE Amex LLC (``NYSE Amex'' or the
``Exchange'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the Exchange. The Commission
is publishing this notice to

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

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

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

    The Exchange proposes to amend Commentary .06 to Rule 903, Series
of Options Open for Trading in order to establish strike price
intervals of $0.50, beginning at $1, for certain options classes whose
underlying security closed at or below $3 in it s primary market on the
previous trading day. The text of the proposed rule change is attached
as Exhibit 5 to the 19b-4 form. A copy of this filing is available on
the Exchange's Web site at http://www.nyse.com, at the Exchange's
principal office and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the 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 the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The proposed rule change is based on a filing submitted by NASDAQ
OMX PHLX Inc (``Phlx'') that was recently noticed for comment and
approved by the Commission.\3\
---------------------------------------------------------------------------

    \3\ See Exchange Act Release No. 60466 (August 10, 2009), 74 FR
41475 (August 17, 2009) (SR-Phlx-2009-65). Approved in Exchange Act
Release No. 60694 (September 18, 2009).
---------------------------------------------------------------------------

    The purpose of the proposed rule change is to expand the ability of
investors to hedge risks associated with stocks trading at or under $3.
Currently, Commentary .05 to NYSE Amex Rule 903 provides that the
interval of strike prices of series of options on individual stocks may
be $2.50 or greater where the strike price is $25 or less.
Additionally, Commentary .06 to Rule 903 allows the Exchange to
establish $1 strike price intervals (the ``$1 Strike Program'') on
options classes overlying no more than fifty-five individual stocks
designated by the Exchange. In order to be eligible for selection into
the $1 Strike Program, the underlying stock must close below $50 in its
primary market on the previous trading day. If selected for the $1
Strike Program, the Exchange may list strike prices at $1 intervals
from $1 to $50, but no $1 strike price may be listed that is greater
than $5 from the underlying stock's closing price in its primary market
on the previous day. The Exchange may also list $1 strikes on any other
option class designated by another securities exchange that employs a
similar $1 Strike Program its own rules.\4\ The Exchange is restricted
from listing any series that would result in strike prices being within
$0.50 of a strike price set pursuant to Rule 903 Commentary .06(b).
---------------------------------------------------------------------------

    \4\ The Exchange may not list long-term option series
(``LEAPS'') at $1 strike price intervals for any class selected for
the Program.
---------------------------------------------------------------------------

    The Exchange is now proposing to establish strike prices of $1,
$1.50, $ 2, $2.50, $3 and $3.50 for certain stocks that trade at or
under $3.00.\5\ The listing of these strike prices will be limited to
options classes whose underlying security closed at or below $3 in its
primary market on the previous trading day, and which have national
average daily volume that equals or exceeds 1,000 contracts per day as
determined by The Options Clearing Corporation during the preceding
three calendar months. The listing of $0.50 strike prices would be
limited to options classes overlying no more than 5 individual stocks
(the ``$0.50 Strike Program'') as specifically designated by the
Exchange. The Exchange would also be able to list $0.50 strike prices
on any other option classes if those classes were specifically
designated by other securities exchanges that employed a similar $0.50
Strike Program under their respective rules.
---------------------------------------------------------------------------

    \5\ The Exchange recently amended NYSE Amex Rule 916, Withdrawal
of Approval of Underlying Securities or Options, to eliminate the $3
market price per share requirement for continued approval for an
underlying security. The amendment eliminated the prohibition
against listing additional series or options on an underlying
security at any time when the price per share of such underlying
security is less than $3. The Exchange explained in that proposed
rule change that the market price for a large number of securities
has fallen below $3 in the current volatile market environment. See
Securities Exchange Act Release No. 59348, SR-NYSEALTR-2009-08
(February 3, 2009), 74 FR 6683 (February 10, 2009).
---------------------------------------------------------------------------

    Currently, the Exchange may list options on stocks trading at $3 at
strike prices of $1, $2, $3, $4, $5, $6, $7 and $8 if they are
designated to participate in the $1 Strike Program.\6\ If these stocks
have not been selected for the Exchange's $1 Strike Program, the
Exchange may list strike prices of $2.50, $5, $7.50 and so forth as
provided in Commentary .05, but not strike prices of $1, $2, $3, $4,
$6, $7 and $8.\7\ The Exchange is now proposing to amend Commentary .06
to Rule 903 by adding new sub-paragraph (d) to list strike prices on
options on a number of qualifying stocks that trade at or under $3.00,
not simply those stocks also participating in the $1 Strike Program, in
finer intervals of $0.50, beginning at $1 up to $3.50. Thus, a
qualifying stock trading at $3 would have option strike prices
established not just at $2.50, $5.00, $7.50 and so forth (for stocks
not in the Exchange's $1 Strike Program) or just at $1, $2, $3, $4, $5,
$6, $7 and $8 (for stocks designated to participate in the $1 Strike
Program), but rather at strike prices established at $1, $1.50, $2,
$2.50 $3 and $3.50.\8\
---------------------------------------------------------------------------

    \6\ Additionally, market participants may be able to trade $2.50
strikes on the same option at another exchange, if that exchange has
elected not to select the stock for participation in its own similar
$1 Strike Program.
    \7\ Again, market participants may also be able to trade the
option at $1 strike price intervals on other exchanges, if those
exchanges have selected the stock for participation in their own
similar $1 Strike Program.
    \8\ The option on the qualifying stock could also have strike
prices set at $5, $7.50 and so forth at $2.50 intervals (pursuant to
Commentary .05 to Rule 903) or, if it has been selected for the $1
Strike Program, at $4, $5, $6, $7 and $8.
---------------------------------------------------------------------------

    The Exchange believes that current market conditions demonstrate
the appropriateness of the new strike prices. Recently the number of
securities trading below $3.00 has increased dramatically.\9\ Unless
the underlying stock has been selected for the $1 Strike Program, there
is only one possible in-the-money call (at $2.50) to be traded if an
underlying stock trades at $3.00. Similarly, unless the underlying
stock has been selected for the $1 Strike Program, only one out-of-the-
money strike price choice within 100% of a stock price of $3 is
available if an investor wants to purchase out-of-the-money calls.
Stated otherwise, a purchaser would need over a 100% move in the
underlying stock price in order to have a call option at any strike
price other than the $5 strike price become in-the-money. If the stock
is selected for the $1 Strike Program, the available strike price
choices are somewhat broader, but are still greatly limited by the
proximity of the $3 stock price to zero, and the very large percent
gain or loss in the underlying stock price, relative to a higher priced
stock,

that would be required in order for strikes set at $1 or away from the
stock price to become in-the-money and serve their intended hedging
purpose.
---------------------------------------------------------------------------

    \9\ As of July 31, 2009, stocks trading at or below $3 include
E*Trade Financial Corporation, Ambac Financial Group, Inc., Alcatel-
Lucent, Federal Home Loan Mortgage Corporation (Freddie Mac) and
Federal National Mortgage Association (Fannie Mae). A number of
these stocks are widely held and actively traded equities, and the
options overlying these stocks also trade actively on NYSE Amex.
---------------------------------------------------------------------------

    As a practical matter, a low-priced stock by its very nature
requires narrow strike price intervals in order for investors to have
any real ability to hedge the risks associated with such a security or
execute other related options trading strategies. The current
restriction on strike price intervals, which prohibits intervals of
less than $2.50 (or $1 for stocks in the $1 Strike Program) for options
on stocks trading at or below $3, could have a negative affect on
investors. The Exchange believes that the proposed $0.50 strike price
intervals would provide investors with greater flexibility in the
trading of equity options that overlie lower priced stocks by allowing
investors to establish equity option positions that are better tailored
to meet their investment objectives. The proposed new strike prices
would enable investors to more closely tailor their investment
strategies and decisions to the movement of the underlying security. As
the price of stocks decline below $3 or even $2, the availability of
options with strike prices at intervals of $0.50 could provide
investors with opportunities and strategies to minimize losses
associated with owning a stock declining in price.
    With regard to the impact on system capacity, NYSE Amex has
analyzed its capacity and represents that it and the Options Price
Reporting Authority have the necessary systems capacity to handle the
additional traffic associated with the listing and trading of an
expanded number of series as proposed by this filing.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
Section 6(b) \10\ of the Securities Exchange Act of 1934 (the ``Act''),
in general, and furthers the objectives of Section 6(b)(5) \11\ in
particular in that it is designed to promote just and equitable
principles if trade, to prevent fraudulent and manipulative acts, to
remove impediments to and to perfect the mechanism for a free and open
market and a national market system and, in general, to protect
investors and the public interest, by expanding the ability of
investors to hedge risks associated with stocks trading at or below $3.
The proposal should create greater trading and hedging opportunities
and flexibility, and provide customers with the ability to more closely
tailor investment strategies to the price movement of the underlying
stocks, trading in many of which is highly liquid.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(b).
    \11\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days after the date of the filing, or such
shorter time as the Commission may designate, if consistent with the
protection of investors and the public interest, it has become
effective pursuant to 19(b)(3)(A) of the Act \12\ and Rule 19b-4(f)(6)
thereunder.\13\
---------------------------------------------------------------------------

    \12\ 15 U.S.C. 78s(b)(3)(A).
    \13\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange is deemed to have satisfied this requirement.
---------------------------------------------------------------------------

    The Exchange has requested that the Commission waive the 30-day
operative delay to permit the Exchange to compete effectively with Phlx
by being able to list the same strike prices as Phlx. The Commission
recently approved SR-Phlx-2009-65,\14\ and therefore finds that waiver
of the operative delay is consistent with the protection of investors
and the public interest because such waiver will encourage fair
competition among the exchanges. Therefore, the Commission designates
the proposal operative upon filing.\15\
---------------------------------------------------------------------------

    \14\ See Securities Exchange Act Release No. 60694 (September
18, 2009) (SR-Phlx-2009-65) (order approving a $0.50 strike program
substantially the same as the $0.50 Strike Program proposed by NYSE
Amex).
    \15\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate 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.

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 e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NYSEAmex-2009-64 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-NYSEAmex-2009-64.
This file number should be included on the subject line if e-mail is
used. To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/
rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room, 100 F Street,
NE., Washington, DC 20549, on official business days between the hours
of 10 a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All

submissions should refer to File Number SR-NYSEAmex-2009-64 and should
be submitted on or before October 26, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
Florence E. Harmon,
Deputy Secretary.
---------------------------------------------------------------------------

    \16\ 17 CFR 200.30-3(a)(12).
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[FR Doc. E9-23851 Filed 10-2-09; 8:45 am]

BILLING CODE 8011-01-P