[Federal Register Volume 76, Number 125 (Wednesday, June 29, 2011)]
[Notices]
[Pages 38196-38197]
[FR Doc No: 2011-16362]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-1976-DR; Docket ID FEMA-2011-0001]

Kentucky; Amendment No. 12 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the Commonwealth of Kentucky (FEMA-1976-DR), dated May 4, 2011, and
related determinations.

DATES: Effective Date: June 20, 2011.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the Commonwealth of Kentucky is hereby amended to include the
following areas among those areas determined to have

been adversely affected by the event declared a major disaster by the
President in his declaration of May 4, 2011.

    Floyd County for Individual Assistance (already designated for
Public Assistance, including direct Federal assistance).
    Marion County for Public Assistance, including direct Federal
assistance.

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

    June 23, 2011.
W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2011-16362 Filed 6-28-11; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 87, Number 129 (Thursday, July 7, 2022)]
[Notices]
[Page 40529]
[FR Doc No: 2022-14394]

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ENVIRONMENTAL PROTECTION AGENCY

[9993-01-OA]

Children's Health Protection Advisory Committee

AGENCY: Environmental Protection Agency (EPA).

ACTION: Request for nominations to the Children's Health Protection
Advisory Committee.

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SUMMARY: The U.S. Environmental Protection Agency (EPA) invites
nominations from a range of qualified candidates for consideration for
appointment to its Children's Health Protection Advisory Committee
(CHPAC). EPA anticipates filling vacancies by March 1, 2023. EPA may
use additional sources to solicit nominees.
    Background: CHPAC is chartered under the Federal Advisory Committee
Act (FACA), Public Law 92-463. EPA established this Committee in 1997
to provide independent advice to the EPA Administrator on a broad range
of environmental issues affecting children's health.
    The EPA Administrator appoints members for three-year terms with a
cap on service at six years. The Committee meets 2-3 times annually and
the average workload is approximately 10 to 15 hours per month. EPA
provides reimbursement for travel and other incidental expenses
associated with official government business, but members must be able
to cover expenses prior to reimbursement.
    The CHPAC is looking for representatives from industry; tribal,
state, county and local government; school systems; academia; health
care providers (including pediatricians, obstetric professionals,
occupational medicine practitioners and community nurses); and non-
governmental organizations.
    The types of experience necessary includes: children's
environmental health and development; epidemiology and toxicology; role
of environmental chemicals in childhood diseases such as asthma,
obesity and attention-deficit/hyperactivity disorder (ADHD); prenatal
environmental exposures and adverse health outcomes; specific
environmental exposures to chemicals such as lead, mercury and other
heavy metals that adversely impact children's health; tribal children's
environmental health; children's environmental health disparities;
research; air quality (indoor and outdoor); water quality; EPA
regulation development; risk assessment; exposure assessment; science
policy; public health information tracking; and outreach and risk
communication.
    EPA is looking for background and experience that would contribute
to the diversity of perspectives on the committee (e.g., geographic,
economic, social, cultural, racial, ethnicity, educational, and other
considerations).
    Nominees must have the ability to volunteer time to attend meetings
2-3 times a year in Washington, DC, participate in teleconference
meetings, develop recommendations to the EPA Administrator, and prepare
reports and advice letters.
    In accordance with Executive Order 14035 (June 25, 2021), EPA
values and welcomes opportunities to increase diversity, equity,
inclusion and accessibility on its federal advisory committees. EPA's
federal advisory committees have a workforce that reflects the
diversity of the American people.
    Nominations must include the following information:
     Brief statement describing the nominee's interest in
serving on the CHPAC.
     Short biography (no more than one page) describing the
professional and educational qualifications, including a list of
relevant activities, and any current or previous service on federal
advisory committees.
     Statement about the perspective the nominee brings to the
committee.
     Current contact information for the nominee, including
name, organization (and position within that organization), business
address, email address, and telephone number.
     Candidates may self-nominate; one letter of support is
welcome.
    Submit nominations by August 15, 2022 by email to
[email protected] and [email protected] or mail to Amelia Nguyen,
Designated Federal Officer, Office of Children's Health Protection,
U.S. Environmental Protection Agency, Mail Code 1107T, 1200
Pennsylvania Avenue NW, Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Amelia Nguyen, Designated Federal
Officer, U.S. EPA; telephone<PHONE_NUMBER> or [email protected].

Amelia Nguyen,
Designated Federal Officer, Office of Children's Health Protection.
[FR Doc. 2022-14394 Filed 7-6-22; 8:45 am]
BILLING CODE P


[Federal Register Volume 81, Number 154 (Wednesday, August 10, 2016)]
[Notices]
[Page 52843]
[FR Doc No: 2016-18884]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER16-2227-000]

Kelly Creek Wind, LLC; Supplemental Notice That Initial Market-
Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
Kelly Creek Wind, 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 August 22, 2016.
    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 Web site 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_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

    Dated: August 2, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-18884 Filed 8-9-16; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 23 (Monday, February 4, 2013)]
[Notices]
[Pages 7831-7833]
[FR Doc No: 2013-02303]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-68762; File No. SR-NASDAQ-2013-012]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Amend NASDAQ Rule 4756 and Rule 4763 Regarding Modification of
Previously Entered Orders

January 29, 2013.
    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 January 18, 2013, The NASDAQ Stock Market LLC (``NASDAQ'' or
``Exchange'') filed with the Securities and Exchange Commission
(``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.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    NASDAQ proposes to amend NASDAQ Rule 4756 (Entry and Display of
Quotes and Orders) and Rule 4763 (Short Sale Price Test Pursuant to
Rule 201 of Regulation SHO) to stipulate how Participants in the NASDAQ
Market Center System may modify previously entered orders and to
describe how modified orders are processed. NASDAQ proposes to
implement the proposed rule change 30 days after the date of the filing
or shortly thereafter.
    The text of the proposed rule change is below. Proposed new
language is italicized; deletions are bracketed.

4756. Entry and Display of Quotes and Orders

    (a) Entry of Orders--Participants can enter orders into the System,
subject to the following requirements and conditions:
    (1)-(2) No change.
    (3) Orders can be entered into the System (or previously entered
orders cancelled or modified) from 7:00 a.m. until 8:00 p.m. Eastern
Time. Participants may modify a previously entered order without
cancelling it or affecting the priority of the order on the book solely
for the purpose of modifying the marking of a sell order as long,
short, or short exempt; provided, however, that if an order is
redesignated as short, a Short Sale Period is in effect under Rule
4763, and the order is not priced at a Permitted Price or higher under
Rule 4763(e), the order will be cancelled. In addition, a partial
cancellation of an order to reduce its share size will not affect the
priority of the order on the book. Except as provided in Rule 4761, all
other modifications of orders will result in the replacement of the
original order with a new order with a new time stamp.
    (b)-(c) No change.
* * * * *

4763. Short Sale Price Test Pursuant to Rule 201 of Regulation SHO

    (a)-(d) No change.
    (e) Re-pricing of Orders during Short Sale Period. Except as
provided below, [D]during the Short Sale Period, short sale orders that
are limited to the national best bid or lower and short sale market
orders will be re-priced by the System one minimum allowable price
increment above the current national best bid (``Permitted Price''). To
reflect declines in the national best bid, the Exchange will continue
to re-price a short sale order at the lowest Permitted Price down to
the order's original limit price, or if a market order, until the order
is filled. Non-displayed orders between the NASDAQ bid and offer at the
time of receipt will also be re-priced upward to a Permitted Price to
correspond with a rise in the national best bid.
    (1)-(2) No change.
    (3) During the Short Sale Period, if an order was entered as a long
sale order or a short sale exempt order but is subsequently marked
pursuant to NASDAQ Rule 4756(a)(3) as a short sale order, the System
will cancel the order unless it is priced at a Permitted Price or
higher.
    (f)-(g) No change.
* * * * *

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the

proposed rule change. The text of these statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in Sections A, B, and C below, of the most
significant aspects of such statements.

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

1. Purpose
    The purpose of the proposed rule change is to stipulate how
Participants in the NASDAQ Market Center System may modify previously
entered orders and to describe how modified orders are processed.
Currently, Rule 4756 permits previously entered orders to be cancelled,
a fact that has been interpreted by NASDAQ to allow a Participant to
cancel an order in full or in part. However, new language is being
added to the rule to make it clear that a partial cancellation of an
order (i.e., a reduction in the share size of the order) does not cause
the order to lose priority on the NASDAQ Market Center book. NASDAQ
believes that it is reasonable to allow the partial cancellation of an
order without the order losing priority because the Participant that
entered the order continues to express its willingness to trade at the
price entered when the order first came onto the book. Moreover, if the
order is displayed, other Participants quoting at the same price are
aware of the priority of their orders relative to the partially
cancelled order. While a partial cancellation may provide these other
Participants with greater opportunities to provide a fill, NASDAQ does
not believe that it would be reasonable for the Participants to jump
ahead of an order with time priority merely because the size of the
order has been reduced. Similarly, if the partially cancelled order is
non-displayed, other Participants would have no awareness of its price,
its original size, or its reduced size. Again, while other Participants
at that price may have an increased opportunity to provide a fill when
the order's size is reduced, they would not have an expectation that
the priority of their orders would change vis-[agrave]-vis that of an
order that arrived on the book at an earlier time. Finally, with
respect to Participants seeking to access liquidity, the reduced size
of the order would be disseminated (if a displayed order) or not
disseminated (if a non-displayed order) via market data feeds, but
these Participants would be indifferent as to the order's priority vis-
[agrave]-vis other orders with the same price.
    In addition, NASDAQ is modifying Rule 4756 to provide that a sell
order may be modified in order to change its marking as long, short, or
short exempt without affecting its priority on the book.\3\
Participants sometimes wish to modify the marking of a sell order on
the book due to changes in the Participant's holdings of the security
in question. At present, such a modification may only be achieved by
the cancellation of the existing order and its replacement with a new
order with a different time stamp. NASDAQ believes that it is
reasonable to allow the modification of an order for this purpose
without affecting its priority, since the order's marking has no
bearing on the timing of its entry onto the book vis-[agrave]-vis other
orders at the same price.\4\ In the event, however, that a long or
short exempt order is redesignated as a short sale order and the
security that is the subject of the order is in a Short Sale Period, as
provided for in Rule 4763 and Rule 201 under Regulation SHO,\5\ the
order will be evaluated to determine whether its price would be a
Permitted Price within the meaning of Rule 4763(e). If not, the order
will be cancelled rather than repriced.\6\ NASDAQ believes that
cancelling the order under these circumstances is preferable to
repricing it, because it alerts the Participant entering the order to
the existence of the Short Sale Period and forces the Participant to
evaluate its intentions with regard to the order.
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    \3\ The proposed rule does not affect Participants' obligations
contained in Regulation SHO under the Act, and Participants must
continue to comply with such obligations, including the order
marking and locate requirements. See 17 CFR 242.200 et seq.
    \4\ A change to the marking of the order would be effected
through the submission of a ``modify order'' message.
    \5\ 17 CFR 242.201.
    \6\ If an order originally marked as long or short is marked as
short exempt, the order will not be cancelled or repriced. Rule
4763(g).
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    Finally, NASDAQ is amending Rule 4756 to make it clear that, except
as provided in Rule 4761,\7\ all other modifications of previously
submitted orders, including increases in size \8\ and changes in price,
will result in the cancellation of the original order and its
replacement with a new order with a new time stamp. Although the
addition of this rule language does not reflect a change in the way the
NASDAQ system currently operates, NASDAQ believes that the clarity of
the rule will be enhanced by including the new language. NASDAQ further
believes that the functionality described by the rule language is
important to ensuring that Participants cannot use an existing order
unfairly to retain priority with respect to a materially different
order.
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    \7\ Rule 4761 provides for automatic adjustment of open orders
in response to issuer corporate actions related to a dividend,
payment, or distribution.
    \8\ NASDAQ reminds Participants that if a seller increases the
size of a pending sell order, the resulting modified order is
considered a new order and must be marked by the broker-dealer to
reflect the seller's net position at the time of order modification
pursuant to Rule 200 of Regulation SHO.
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2. Statutory Basis
    NASDAQ believes that its proposal is consistent with Section 6(b)
of the Act \9\ in general, and furthers the objectives of Section
6(b)(5) of the Act \10\ in particular, in that it is designed to
promote just and equitable principles of trade, to remove impediments
to and perfect the mechanism of a free and open market and a national
market system, and, in general to protect investors and the public
interest. Specifically, NASDAQ believes that permitting Participants to
change the marking of sell orders without affecting their priority on
the NASDAQ book will eliminate an aspect of the NASDAQ Market Center
system that had unnecessarily made it more difficult for posted sell
orders to execute. Thus, the change will enhance the fairness and
efficiency of the NASDAQ market without affecting the ability of
Participants to comply with applicable regulatory requirements. In
addition, the changes to the rule that describe the effect of a partial
order cancellation promote the clarity of the rule with respect to the
ability of a Participant to reduce the size of an existing order
without affecting its priority. NASDAQ further believes that allowing
an order to retain priority under these conditions is consistent with
the operation of a free and open market and the protection of investors
and the public interest, since the Participant that entered an order
that is partially cancelled has nevertheless expressed a continued
willingness to trade at a specified price, and therefore should retain
priority over Participants that joined that price at a later time.
Finally, NASDAQ believes that the proposed addition of language to
clearly stipulate that all other order modifications will result in the
cancellation and replacement of the original order with a new order
with new time priority is consistent with the protection of investors
and the public interest because the new language will make clear an
existing feature of the market that NASDAQ believes is important to
ensuring that Participants cannot use an existing order unfairly to

retain priority with respect to a materially different order.
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    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    NASDAQ does not believe that the proposed rule change will result
in any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act, as amended. Specifically,
NASDAQ believes that the change with respect to allowing Participants
to modify the long, short, or short exempt marking of a sell order
without affecting its priority will assist NASDAQ in competing with the
BATS Exchange and the BATS Y-Exchange, which already allow their
Participants to do so. NASDAQ further believes that the other changes
will not have any effect on competition.

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

    Written comments were neither solicited nor received.

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

    Because the 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 from the date on which it was filed, or such shorter time as the
Commission may designate if consistent with the protection of investors
and the public interest, the proposed rule change has become effective
pursuant to Section 19(b)(3)(A) of the Act \11\ and Rule 19b-4(f)(6)
thereunder.\12\ At any time within 60 days of the filing of such
proposed rule change, the Commission summarily may temporarily suspend
such rule change if it appears to the Commission that such action is
necessary or appropriate in the public interest, for the protection of
investors, or otherwise in furtherance of the purposes of the Act.
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    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written
notice of its intent to file the proposed rule change, along with a
brief description and the text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change.
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IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2013-012 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-NASDAQ-2013-012. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NASDAQ-2013-012 and should
be submitted on or before February 25, 2013.

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

    \13\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-02303 Filed 2-1-13; 8:45 am]
BILLING CODE 8011-01-P


53371 Federal Register / Vol. 68, No. 175 / Wednesday, September 10, 2003 / Notices cranberries, peaches, potatoes, and walnuts. This first round of case studies was selected because of current pest management problems either from regulatory action, pest resistance, or a lack of adequate control measures. The CARAT Transition Work Group met on July 17   18, 2003, to discuss these case studies and to develop recommendations for presentation to EPA and USDA at this meeting. DATES: The meeting will be held on Wednesday, October 1, 2003, from 9 a. m. to 5 p. m., and Thursday, October 2, 2003, from 9 a. m. to 1 p. m. ADDRESSES: The meeting will be held at the Hotel Washington, 515 Pennsylvania Avenue NW., Washington, DC. The telephone number to the hotel is ( 202) 638   5900. The Hotel Washington is approximately 2c blocks from the Metro Center Station and about a 15 minute taxi ride from Ronald Reagan Washington National Airport. FOR FURTHER INFORMATION CONTACT: Margie Fehrenbach, Office of Pesticide Programs, Mail code 7501C, Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460; telephone number: 703   308   4775; fax number: 703   308   4776; e mail address: Fehrenbach. Margie@ epa. gov.

SUPPLEMENTARY INFORMATION:

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

This action is directed to the public in general; however, persons may be interested who work in agricultural settings or persons who are concerned about implementation of the Federal Insecticide, Fungicide, and Rodenticide Act ( FIFRA); the Federal Food, Drug, and Cosmetic Act ( FFDCA); and the amendments to both of these major pesticide laws by the Food Quality Protection Act ( FQPA) of 1996. Since other entities may also be interested, the Agency has not attempted to describe all the specific entities that may be affected by this action. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT. Potentially affected entities may include but are not limited to: Agricultural workers and farmers; pesticide industry and trade associations; environmental, consumer and farmworker groups; pesticide users and growers; pest consultants; State, local and Tribal governments; academia; public health organizations; food processors; and the public. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Copies of this Document and Other Related Information? 1. Docket. EPA has established an official public docket for this action under docket identification ( ID) number OPP   2003   0313. The official public docket consists of the documents specifically referenced in this action, any public comments received, and other information related to this action. Although a part of the official docket, the public docket does not include Confidential Business Information ( CBI) or other information whose disclosure is restricted by statute. The official public docket is the collection of materials that is available for public viewing at the Public Information and Records Integrity Branch ( PIRIB), Rm. 119, Crystal Mall # 2, 1921 Jefferson Davis Hwy., Arlington, VA. This docket facility is open from 8: 30 a. m. to 4 p. m., Monday through Friday, excluding legal holidays. The docket telephone number is ( 703) 305   5805. 2. Electronic access. You may access this Federal Register document electronically through the EPA Internet under the `` Federal Register'' listings at http:// www. epa. gov/ fedrgstr/. An agenda is being developed and will be posted by September 22, 2003, on EPA's website at www. epa. gov/ pesticides/ carat. An electronic version of the public docket is available through EPA's electronic public docket and comment system, EPA Dockets. You may use EPA Dockets at http:// www. epa. gov/ edocket/ to view public comments, access the index listing of the contents of the official public docket, and to access those documents in the public docket that are available electronically. Although not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the docket facility identified in Unit I. B. 1. Once in the system, select `` search,'' then key in the appropriate docket ID number.

II. Background The Committee to Advise on Reassessment and Transition ( CARAT) was established in accordance with the Federal Advisory Committee Act to provide advice and counsel to the Administrator of EPA and the Secretary of Agriculture regarding strategic approaches for pest management planning and tolerance reassessment for pesticides as required by the Food Quality Protection Act of 1996 ( FQPA). Through CARAT, EPA and the USDA are working together to ensure smooth implementation of FQPA through use of sound science, consultation with stakeholders, increased transparency, and reasonable transition for agriculture. CARAT is composed of a balanced group of participants from the following sectors: Pesticide user, grower and commodity groups; industry and trade associations; food processors and distributors; environmental/ public interest and farmworker groups; Federal, State and Tribal governments; public health organizations; and academia. The CARAT Work Group on Transition was established to identify barriers to the development and adoption by users of new, safer and effective pest management techniques and to formulate recommendations for Federal agency actions that, in partnership with the range of stakeholders, will reduce or eliminate these barriers.

III. How Can I Request to Participate in this Meeting?

This meeting will be open to the public. Opportunity will be provided for questions and comments by the public. Any person who wishes to file a written statement may do so before or after the meeting. These statements will become part of the permanent record and will be available for public inspection at the address listed under Unit I. B. 1.

List of Subjects Environmental protection, Agricultural workers, Agriculture, Chemicals, Foods, Pesticides, Pests, Risk assessment.

Dated: September 2, 2003. Jim Jones, Director, Office of Pesticide Programs. [ FR Doc. 03   22936 Filed 9   9   03; 8: 45 am]

BILLING CODE 6560   50   S ENVIRONMENTAL PROTECTION AGENCY [ OPP   2003   0263; FRL   7321   2]

Dimethoate; Receipt of Requests for Amendment to Remove Uses AGENCY: Environmental Protection Agency ( EPA). ACTION: Notice.

SUMMARY: The companies that hold the pesticide registrations of products containing dimethoate have submitted requests to modify their technical labels to remove uses on certain crops. These crops consist of apples, grapes, cabbage, collards, spinach, head lettuce, broccoli VerDate jul< 14> 2003 16: 50 Sep 09, 2003 Jkt 200001 PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 10SEN1. SGM 10SEN1 53372 Federal Register / Vol. 68, No. 175 / Wednesday, September 10, 2003 / Notices raab, fennel, tomatillo, lespedeza, and trefoil. It is necessary to cancel use on apples, grapes, cabbage, collards, spinach, and head lettuce as part the process of revising the dimethoate human health risk assessment. DATES: Comments, identified by docket identification ( ID) number OPP   2003   0263, must be received on or before October 10, 2003. ADDRESSES: Comments may be submitted electronically, by mail, or through hand delivery/ courier. Follow the detailed instructions as provided in Unit I. of the SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Patrick Dobak, Special Review and Reregistration Division ( 7508C), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460   0001; telephone number: ( 703) 308   8180; fax number: ( 703) 308   7042; email address: dobak. pat@ epa. gov.

SUPPLEMENTARY INFORMATION:

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

This action is directed to the public in general, nevertheless, a wide range of stakeholders may be interested in dimethoate availability and use on apples, grapes, cabbage, collards, spinach, head lettuce, broccoli raab, fennel, tomatillo, lespedeza, and trefoil, including environmental, human health, and agricultural advocates; the chemical industry, pesticide users, and members of the public interested in the use of pesticides on food. Since other entities may also be interested, the Agency has not attempted to describe all the specific entities that may be affected by this action. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Copies of this Document and Other Related Information?

1. Docket. EPA has established an official public docket for this action under docket ( ID) number OPP   2003   0263. The official public docket consists of the documents specifically referenced in this action, any public comments received, and other information related to this action. Although a part of the official docket, the public docket does not include Confidential Business Information ( CBI) or other information whose disclosure is restricted by statute. The official public docket is the collection of materials that is available for public viewing at the Public Information and Records Integrity Branch ( PIRIB), Rm. 119, Crystal Mall # 2, 1921 Jefferson Davis Hwy., Arlington, VA. This docket facility is open from 8: 30 a. m. to 4 p. m., Monday through Friday, excluding legal holidays. The docket telephone number is ( 703) 305   5805. 2. Electronic access. You may access this Federal Register document electronically through the EPA Internet under the `` Federal Register'' listings at http:// www. epa. gov/ fedrgstr. An electronic version of the public docket is available through EPA's electronic public docket and comment system, EPA Dockets. You may use EPA Dockets at http:// www. epa. gov/ edocket/ to submit or view public comments, access the index listing of the contents of the official public docket, and to access those documents in the public docket that are available electronically. Once in the system, select `` search,'' then key in the appropriate docket ID number. Certain types of information will not be placed in EPA's Dockets. Information claimed as CBI and other information whose disclosure is restricted by statute, which is not included in the official public docket, will not be available for public viewing in EPA's electronic public docket. EPA's policy is that copyrighted material will not be placed in EPA's electronic public docket but will be available only in printed, paper form in the official public docket. To the extent feasible, publicly available docket materials will be made available in EPA's electronic public docket. When a document is selected from the index list in EPA Dockets, the system will identify whether the document is available for viewing in EPA's electronic public docket. Although not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the docket facility identified in Unit I. B. EPA intends to work towards providing electronic access to all of the publicly available docket materials through EPA's electronic public docket. For public commenters, it is important to note that EPA's policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing in EPA's electronic public docket as EPA receives them and without change, unless the comment contains copyrighted material, CBI, or other information whose disclosure is restricted by statute. When EPA identifies a comment containing copyrighted material, EPA will provide a reference to that material in the version of the comment that is placed in EPA's electronic public docket. The entire printed comment, including the copyrighted material, will be available in the public docket. Public comments submitted on computer disks that are mailed or delivered to the docket will be transferred to EPA's electronic public docket. Public comments that are mailed or delivered to the docket will be scanned and placed in EPA's electronic public docket. Where practical, physical objects will be photographed, and the photograph will be placed in EPA's electronic public docket along with a brief description written by the docket staff.

C. How and to Whom Do I Submit Comments? You may submit comments electronically, by mail, or through hand delivery/ courier. To ensure proper receipt by EPA, identify the appropriate docket ID number in the subject line on the first page of your comment. Please ensure that your comments are submitted within the specified comment period. Comments received after the close of the comment period will be marked `` late.'' EPA is not required to consider these late comments. If you wish to submit CBI or information that is otherwise protected by statute, please follow the instructions in Unit I. D. Do not use EPA Dockets or e mail to submit CBI or information protected by statute. 1. Electronically. If you submit an electronic comment as prescribed in this unit, EPA recommends that you include your name, mailing address, and an email address or other contact information in the body of your comment. Also include this contact information on the outside of any disk or CD ROM you submit, and in any cover letter accompanying the disk or CD ROM. 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. EPA's policy is that EPA will not edit your comment, and 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. i. EPA Dockets. Your use of EPA's electronic public docket to submit VerDate jul< 14> 2003 16: 50 Sep 09, 2003 Jkt 200001 PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 10SEN1. SGM 10SEN1 53373 Federal Register / Vol. 68, No. 175 / Wednesday, September 10, 2003 / Notices comments to EPA electronically is EPA's preferred method for receiving comments. Go directly to EPA Dockets at http:// www. epa. gov/ edocket, and follow the online instructions for submitting comments. Once in the system, select `` search,'' and then key in docket ID number OPP   2003   0263. The system is an `` anonymous access'' system, which means EPA will not know your identity, e mail address, or other contact information unless you provide it in the body of your comment. ii. E mail. Comments may be sent by e mail to opp docket@ epa. gov, Attention: Docket ID Number OPP   2003   0263. In contrast to EPA's electronic public docket, EPA's e mail system is not an `` anonymous access'' system. If you send an e mail comment directly to the docket without going through EPA's electronic public docket, EPA's e mail system automatically captures your e mail address. E mail addresses that are automatically captured by EPA's e mail system are included as part of the comment that is placed in the official public docket, and made available in EPA's electronic public docket. iii. Disk or CD ROM. You may submit comments on a disk or CD ROM that you mail to the mailing address identified in Unit I. C. 2. These electronic submissions will be accepted in WordPerfect or ASCII file format. Avoid the use of special characters and any form of encryption. 2. By mail. Send your comments to: Public Information and Records Integrity Branch ( PIRIB) ( 7502C), Office of Pesticide Programs ( OPP), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460   0001, Attention: Docket ID Number OPP   2003   0263. 3. By hand delivery or courier. Deliver your comments to: Public Information and Records Integrity Branch ( PIRIB), Office of Pesticide Programs ( OPP), Environmental Protection Agency, Rm. 119, Crystal Mall # 2, 1921 Jefferson Davis Hwy., Arlington, VA, Attention: Docket ID Number OPP   2003   0263. Such deliveries are only accepted during the docket's normal hours of operation as identified in Unit I. B. 1.

D. How Should I Submit CBI to the Agency? Do not submit information that you consider to be CBI electronically through EPA's electronic public docket or by e mail. You may claim information that you submit to EPA as CBI by marking any part or all of that information as CBI ( if you submit CBI on disk or CD ROM, mark the outside of the disk or CD ROM as CBI and then identify electronically within the disk or CD ROM the specific information that is CBI). Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. In addition to one complete version of the comment that includes any information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket and EPA's electronic public docket. If you submit the copy that does not contain CBI on disk or CD ROM, mark the outside of the disk or CD ROM clearly that it does not contain CBI. Information not marked as CBI will be included in the public docket and EPA's electronic public docket without prior notice. If you have any questions about CBI or the procedures for claiming CBI, please consult the person listed under FOR FURTHER INFORMATION CONTACT.

E. What Should I Consider as I Prepare My Comments for EPA?

You may find the following suggestions helpful for preparing your comments: 1. Explain your views as clearly as possible. 2. Describe any assumptions that you used. 3. Provide any technical information and/ or data you used that support your views. 4. If you estimate potential burden or costs, explain how you arrived at your estimate. 5. Provide specific examples to illustrate your concerns. 6. Offer alternatives. 7. Make sure to submit your comments by the comment period deadline identified. 8. To ensure proper receipt by EPA, identify the appropriate docket ID number in the subject line on the first page of your response. It would also be helpful if you provided the name, date, and Federal Register citation related to your comments.

II. What Action is the Agency Taking?

This notice announces the amended registration requests by Cheminova, Inc., BASF, Gowan, Drexel, and Microflo for the deletion of certain uses from their products containing dimethoate. The uses requested for deletion are: Apples, grapes, cabbage, collards, spinach, head lettuce, broccoli raab, fennel, tomatillo, lespedeza, and trefoil. In addition, the registrants waived the 180   day comment period for these use deletions. Dimethoate is a systemic organophosphate insecticide registered for use on a wide variety of fruit, vegetables, grains, ornamentals, and forestry uses. The registered uses on apples, grapes, cabbage, collards, spinach, and head lettuce have been identified as significantly contributing to the dietary risks associated with human consumption of these crops. The other registered uses included in this notice, broccoli raab, fennel, tomatillo, lespedeza, and trefoil, were added to the requests based on follow up to previously submitted comments stating that these crops would not be supported for reregistration. This notice announces EPA's receipt of the use deletion requests and a 30   day public comment period to provide input regarding the requests. The Agency believes that the impact to growers on deleting broccoli raab, fennel, tomatillo, lespedeza, and trefoil will be minimal. Although there is significant use on apples, grapes, cabbage, collards, spinach, and head lettuce, the technical registrants have elected to delete these uses in order to address dietary risks from dimethoate. The following table includes the names and registration numbers for the affected products:

MANUFACTURING USE PRODUCT REGISTRATION AMENDMENT REQUESTS Company Registration No. Product Cheminova 4787   7 Chemathoate Technical BASF 7969   32 Perfekthion Manufactures Technical Gowan 10163   211 Gowan Dimethoate Technical Drexel 19713   209 Drexel Dimethoate Technical Micro Flo 51036   279 Dimethoate Technical III. What is the Agency's Authority for Taking this Action? Section 6( f)( 1) of FIFRA provides that a registrant of a pesticide product may at any time request that any of its pesticide registrations be canceled. FIFRA further provides that, before acting on the request, EPA must publish a notice of receipt of any such request in the Federal Register. Thereafter, the Administrator may approve such a request.

IV. Procedures for Withdrawal of Request Registrants who choose to withdraw a request for cancellation must submit VerDate jul< 14> 2003 16: 50 Sep 09, 2003 Jkt 200001 PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 10SEN1. SGM 10SEN1 53374 Federal Register / Vol. 68, No. 175 / Wednesday, September 10, 2003 / Notices such withdrawal in writing to the person listed under FOR FURTHER INFORMATION CONTACT, postmarked before October 10, 2003. This written withdrawal of the request for cancellation will apply only to the applicable FIFRA section 6( f)( 1) request listed in this notice. If the product( s) have been subject to a previous cancellation action, the effective date of cancellation and all other provisions of any earlier cancellation action are controlling. The withdrawal request must also include a commitment to pay any reregistration fees due, and to fulfill any applicable unsatisfied data requirements.

V. Provisions for Disposition of Existing Stocks The effective date of cancellation will be the date of the cancellation order. The orders effecting these requested cancellations will generally permit a registrant to sell or distribute existing stocks for 1   year after the date the cancellation order is issued. This policy is in accordance with the Agency's statement of policy as prescribed in the Federal Register of June 26, 1991 ( 56 FR 29362) ( FRL   3846   4). Exceptions to this general rule will be made if a product poses a risk concern, or is in noncompliance with reregistration requirements, or is subject to a Data Call In. In all cases, product specific disposition dates will be given in the cancellation orders. Existing stocks are those stocks of registered pesticide products which are currently in the United States and which have been packaged, labeled, and released for shipment prior to the effective date of the cancellation action. Unless the provisions of an earlier order apply, existing stocks already in the hands of dealers or users can be distributed, sold, or used legally until they are exhausted, provided that such further sale and use comply with the EPA approved label and labeling of the affected product. Exception to these general rules will be made in specific cases when more stringent restrictions on sale, distribution, or use of the products or their ingredients have already been imposed, as in a Special Review action, or where the Agency has identified significant potential risk concerns associated with a particular chemical.

List of Subjects Environmental protection, Pesticides and pests. Dated: August 27, 2003. Betty Shackleford, Acting Director, Special Review and Reregistration Division, Office of Pesticide Programs. [ FR Doc. 03   22937 Filed 9   9   03; 8: 45 am]

BILLING CODE 6560   50   S ENVIRONMENTAL PROTECTION AGENCY [ FRL   7552   7]

Draft National Pollutant Discharge Elimination System ( NPDES) General Permit for Storm Water Discharges From Construction Activities That Are Classified as Associated With Industrial Activity AGENCY: Environmental Protection Agency ( EPA). ACTION: Notice.

SUMMARY: Section 405 of the Water Quality Act of 1987 added section 402( p) to the Clean Water Act ( CWA) which requires the EPA to develop a phased approach to regulating storm water discharges under the NPDES program. EPA published a final regulation on November 16, 1990, ( 55 FR 47990) establishing permit application requirements for storm water discharges associated with industrial activity and for discharges from municipal separate storm sewer systems serving a population of 100,000 or more. In the permit application regulations, EPA defined the term `` storm water discharge associated with industrial activity'' in a comprehensive manner to cover a wide variety of facilities. This definition greatly expanded the number of industrial facilities subject to the NPDES program. EPA Region 4 published a final NPDES general permit for storm water discharges from construction activities that are classified as `` associated with industrial activity'' on March 31, 1998, ( 63 FR 15622) and modified the permit on April 28, 2000 ( 64 FR 25122). The general permit established Notice of Intent ( NOI) requirements, special conditions, requirements to develop and implement storm water pollution prevention plans ( SWPPPs), monitoring requirements for discharges to 303( d) listed water bodies, and requirements to conduct site inspections for facilities with discharges authorized by the permit. This notice requests comments on the draft reissuance of the above referenced general permit for discharges of storm water from construction activities `` associated with industrial activity'' on Indian Country lands where EPA Region 4 is the permit issuing authority. DATES: Comments relative to this draft permit are not required; however, if you wish to submit comments, the comments must be received by November 10, 2003. ADDRESSES: Persons wishing to comment on or object to any aspects of this permit reissuance or wishing to request a public hearing, are invited to submit the same in writing within sixty ( 60) days of this notice to the Water Management Division, United States Environmental Protection Agency, Region 4, Atlanta Federal Center, 61 Forsyth Street, SW., Atlanta, GA 30303   8960, Attention: Ms. Ann Brown. FOR FURTHER INFORMATION CONTACT: The proposed NPDES general permit, fact sheet and other relevant documents are on file and may be inspected any time between 9 a. m. and 4 p. m., Monday through Friday at the address shown below. Copies of the draft NPDES general permit, fact sheet or other relevant documents may be obtained by writing the United States Environmental Protection Agency, Region 4, Atlanta Federal Center, 61 Forsyth Street, SW., Atlanta, GA 30303   8960, Attention: Ms. Ann Brown, or calling ( 404) 562   9288. In addition, copies of the draft NPDES general permit, fact sheet or other relevant documents may be downloaded at www. epa. gov/ region4/ water/ permits/ stormwater. html. Contact Mr. Floyd Wellborn, telephone number ( 404) 562   9296, or Mr. Michael Mitchell, telephone number ( 404) 562   9303, or at the following address: United States Environmental Protection Agency, Region 4, Water Management Division, NPDES and Biosolids Permits Section, Atlanta Federal Center, 61 Forsyth Street, SW., Atlanta, GA 30303   8960. SUPPLEMENTARY INFORMATION:

I. Procedures for Reaching a Final Permit Decision Pursuant to 40 CFR 124.13, any person who believes any condition of the permit is inappropriate must raise all reasonably ascertainable issues and submit all reasonably available arguments in full, supporting their position, by the close of the comment period. All comments on the proposed NPDES general permit received within the 60 day period will be considered in the formulation of final determinations regarding the permit reissuance. After consideration of all written comments, the requirements and policies in the Act, and all appropriate regulations, the EPA Regional Administrator will make a VerDate jul< 14> 2003 16: 50 Sep 09, 2003 Jkt 200001 PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 10SEN1. SGM 10SEN1


[Federal Register Volume 84, Number 29 (Tuesday, February 12, 2019)]
[Notices]
[Pages 3430-3431]
[FR Doc No: 2019-02083]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 10172-041]

Missisquoi River Hydro LLC; Notice of Application Accepted for
Filing and Soliciting Comments, Motions To Intervene, Protests,
Recommendations, and Terms and Conditions

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Type of Application: Amendment of Exemption.
    b. Project No.: 10172-041.
    c. Date Filed: September 21, 2018.
    d. Applicant: Missisquoi River Hydro LLC.
    e. Name of Project: North Troy Project.
    f. Location: The project is located on the Missisquoi River,
Orleans County, Vermont. The land where the project facilities are
located is owned by the applicant.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    h. Applicant Contact: Hilton H. Dier III, Managing Partner,
Missisquoi River Hydro LLC, 453 East Hill Road, Middlesex, VT 05602,
phone<PHONE_NUMBER>.
    i. FERC Contact: Mrs. Anumzziatta Purchiaroni,<PHONE_NUMBER> or
<EMAIL_ADDRESS>    j. Deadline for filing responsive documents: All comments, motions
to intervene, and protests must be filed within 60 days from the
issuance date of this notice pursuant to 18 CFR 4.34(b). All reply
comments must be filed with the Commission within 105 days from the
issuance date of this notice.
    The Commission strongly encourages electronic filing. Please file
comments, motions to intervene, and protests using the Commission's
eFiling system at http://www.ferc.gov/docs-filing/efiling.asp.
Commenters can submit brief comments up to 6,000 characters, without
prior registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact
information at the end of your comments. For assistance, please contact
FERC Online Support at<EMAIL_ADDRESS>(866) 208-3676 (toll
free), or<PHONE_NUMBER> (TTY). In lieu of electronic filing, please
send a paper copy to: Secretary, Federal Energy Regulatory Commission,
888 First Street NE, Washington, DC 20426. The first page of any filing
should include docket number P-10172-041.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person on the official service list for the
project. Further, if an intervenor files comments or documents with the
Commission relating to the merits of an issue that may affect the
responsibilities of a particular resource agency, it must also serve a
copy of the document on that resource agency.
    k. Description of proposed amendment: The exemptee is requesting
approval to delete from the exemption a minimum 60 kilowatts (kW) flow
turbine that was authorized, but never installed at the powerhouse. The
proposed modification would decrease the installed capacity of the
project from 460 to 400 kW. The exemptee is not proposing any changes
to the powerhouse or existing project operation.

    l. Locations of the Application: A copy of the application is
available for inspection and reproduction at the Commission's Public
Reference Room, located at 888 First Street NE, Room 2A, Washington, DC
20426, or by calling<PHONE_NUMBER>. This filing may also be viewed on
the Commission's website at http://www.ferc.gov/docs-filing/elibrary.asp. Enter the Docket number P-10172, in the docket number
field to access the document. You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of
new filings and issuances related to this or other pending projects.
For assistance, call 1-866-208-3676 or email
<EMAIL_ADDRESS>For TTY, call<PHONE_NUMBER>. A copy is
also available for inspection and reproduction at the address in item
(h) above.
    m. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
and .214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
deadline date for the particular application.
    n. Filing and Service of Responsive Documents: Any filing must (1)
bear in all capital letters the title ``COMMENTS'', ``PROTEST'',
``MOTION TO INTERVENE,'' ``REPLY COMMENTS,'' ``RECOMMENDATIONS,''
``TERMS AND CONDITIONS,'' or ``PRESCRIPTIONS;'' (2) set forth in the
heading, the name of the applicant and the project number of the
application to which the filing responds; (3) furnish the name,
address, and telephone number of the person protesting or intervening;
and (4) otherwise comply with the requirements of 18 CFR 385.2001
through 385.2005. All comments, motions to intervene, or protests must
set forth their evidentiary basis and otherwise comply with the
requirements of 18 CFR 4.34(b). Agencies may obtain copies of the
application directly from the applicant. A copy of any protest or
motion to intervene must be served upon each representative of the
applicant specified in the particular application. If an intervener
files comments or documents with the Commission relating to the merits
of an issue that may affect the responsibilities of a particular
resource agency, they must also serve a copy of the document on that
resource agency. A copy of all other filings in reference to this
application must be accompanied by proof of service on all persons
listed in the service list prepared by the Commission in this
proceeding, in accordance with 18 CFR 4.34(b) and 385.2010.

    Dated: February 6, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2019-02083 Filed 2-11-19; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 128 (Wednesday, July 3, 2013)]
[Rules and Regulations]
[Pages 40011-40013]
[FR Doc No: 2013-15728]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2013-0376]; FRL-9828-2

Approval and Promulgation of Air Quality Implementation Plans;
Virginia; Removal of Consumer and Commercial Products Rules

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve revisions to the
Virginia State Implementation Plan (SIP). The revisions remove four
articles located in chapter 9VAC5-40 (Existing Stationary Sources) from
the Virginia SIP. These articles are being removed from the Virginia
SIP because they were repealed in their entirety and have been replaced
by the updated corresponding articles in chapter 9VAC5-45 (Consumer and
Commercial Products). The provisions of chapter 9VAC5-45 are not
affected by the removal of these regulations. EPA is approving these
revisions to remove the above mentioned articles in accordance with the
requirements of the Clean Air Act (CAA).

DATES: This rule is effective on September 3, 2013 without further
notice, unless EPA receives adverse written comment by August 2, 2013.
If EPA receives such comments, it will publish a timely withdrawal of
the direct final rule in the Federal Register and inform the public
that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2013-0376 by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
    B. Email<EMAIL_ADDRESS>    C. Mail: EPA-R03-OAR-2013-0376, Cristina Fernandez, Associate
Director, Office of Air Program Planning, Air Protection Division,
Mailcode 3AP30, U.S. Environmental Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2013-0376. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov, your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. 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. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in www.regulations.gov or
in hard copy during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal
are available at the Virginia Department of Environmental Quality, 629
East Main Street, Richmond, Virginia 23219.

FOR FURTHER INFORMATION CONTACT: Gregory Becoat,<PHONE_NUMBER>, or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Summary of SIP Revision

    On April 2, 2013, the Commonwealth of Virginia submitted formal
revisions to its SIP. These revisions consist of removing the following
articles located in chapter 9VAC5-40 (Existing Stationary Sources),
part II (Emission Standards) from the Virginia SIP: Article 39
(Emission Standards for Asphalt Paving Operations), article 42
(Emission Standards for Portable Fuel Container Spillage), article 49
(Emission Standards for Architectural and Industrial Maintenance
Coatings), and article 50 (Emission Standards for Consumer Products).
These articles are being removed from the Virginia SIP because they
were repealed in their entirety from Virginia's state-enforceable air
pollution control regulations. They have been replaced by corresponding
articles in chapter 9VAC5-45 (Consumer and Commercial Products), part
II (Emission Standards), articles 1, 3, 5, and 7, which was approved by
EPA and published as a final rule on January 26, 2012 (See 77 FR 3928).
This rule became effective on February 27, 2012 and contains the
required elements for a Federally enforceable rule, including emission
limitations, compliance procedures and test methods, compliance dates,
and record keeping provisions.

II. General Information Pertaining to SIP Submittals From the
Commonwealth of Virginia

    In 1995, Virginia adopted legislation that provides, subject to
certain

conditions, for an environmental assessment (audit) ``privilege'' for
voluntary compliance evaluations performed by a regulated entity. The
legislation further addresses the relative burden of proof for parties
either asserting the privilege or seeking disclosure of documents for
which the privilege is claimed. Virginia's legislation also provides,
subject to certain conditions, for a penalty waiver for violations of
environmental laws when a regulated entity discovers such violations
pursuant to a voluntary compliance evaluation and voluntarily discloses
such violations to the Commonwealth and takes prompt and appropriate
measures to remedy the violations. Virginia's Voluntary Environmental
Assessment Privilege Law, Va. Code Sec. 10.1-1198, provides a privilege
that protects from disclosure documents and information about the
content of those documents that are the product of a voluntary
environmental assessment. The Privilege Law does not extend to
documents or information that: (1) Are generated or developed before
the commencement of a voluntary environmental assessment; (2) are
prepared independently of the assessment process; (3) demonstrate a
clear, imminent and substantial danger to the public health or
environment; or (4) are required by law.
    On January 12, 1998, the Commonwealth of Virginia Office of the
Attorney General provided a legal opinion that states that the
Privilege Law, Va. Code Sec.  10.1-1198, precludes granting a privilege
to documents and information ``required by law,'' including documents
and information ``required by Federal law to maintain program
delegation, authorization or approval,'' since Virginia must ``enforce
Federally authorized environmental programs in a manner that is no less
stringent than their Federal counterparts. . . .'' The opinion
concludes that ``[r]egarding Sec.  10.1-1198, therefore, documents or
other information needed for civil or criminal enforcement under one of
these programs could not be privileged because such documents and
information are essential to pursuing enforcement in a manner required
by Federal law to maintain program delegation, authorization or
approval.'' Virginia's Immunity law, Va. Code Sec. 10.1-1199, provides
that ``[t]o the extent consistent with requirements imposed by Federal
law,'' any person making a voluntary disclosure of information to a
state agency regarding a violation of an environmental statute,
regulation, permit, or administrative order is granted immunity from
administrative or civil penalty. The Attorney General's January 12,
1998 opinion states that the quoted language renders this statute
inapplicable to enforcement of any Federally authorized programs, since
``no immunity could be afforded from administrative, civil, or criminal
penalties because granting such immunity would not be consistent with
Federal law, which is one of the criteria for immunity.''
    Therefore, EPA has determined that Virginia's Privilege and
Immunity statutes will not preclude the Commonwealth from enforcing its
program consistent with the Federal requirements. In any event, because
EPA has also determined that a state audit privilege and immunity law
can affect only state enforcement and cannot have any impact on Federal
enforcement authorities, EPA may at any time invoke its authority under
the CAA, including, for example, sections 113, 167, 205, 211 or 213, to
enforce the requirements or prohibitions of the state plan,
independently of any state enforcement effort. In addition, citizen
enforcement under section 304 of the CAA is likewise unaffected by
this, or any, state audit privilege or immunity law.

III. Final Action

    EPA is approving Virginia's SIP revisions to remove the following
articles located in chapter 9VAC5-40, part II, from the Virginia SIP:
articles 39, 42, 49, and 50. EPA is publishing this rule without prior
proposal because EPA views this as a noncontroversial amendment and
anticipates no adverse comment. However, in the ``Proposed Rules''
section of today's Federal Register, EPA is publishing a separate
document that will serve as the proposal to approve the SIP revision if
adverse comments are filed. This rule will be effective on September 3,
2013 without further notice unless EPA receives adverse comment by
August 2, 2013. If EPA receives adverse comment, EPA will publish a
timely withdrawal in the Federal Register informing the public that the
rule will not take effect. EPA will address all public comments in a
subsequent final rule based on the proposed rule. EPA will not
institute a second comment period on this action. Any parties
interested in commenting must do so at this time.

IV. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small

Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by September 3, 2013. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. This action, removing articles 39, 42, 49, and 50 of
chapter 9VAC5-40, part II (Existing Stationary Sources) from the
Virginia SIP, may not be challenged later in proceedings to enforce its
requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Ozone, Nitrogen dioxide, Reporting and recordkeeping
requirements, Volatile organic compounds.

    Dated: June 7, 2013.
W. C. Early,
Acting Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart VV--Virginia

Sec.  52.2420  [Amended]

0
2. In Sec.  52.2420, the table in paragraph (c) is amended by removing
the entries for articles under ``9VAC5, Chapter 40, Part II'' for
``Article 39 Emission Standards for Asphalt Paving Operations (Rule 4-
39)'', ``Article 42 Emissions Standards for Portable Fuel Container
Spillage (Rule 4-42)'', ``Article 49 Emission Standards for
Architectural and Maintenance Coatings (Rule 4-49)'', and ``Article 50
Emission Standards for Consumer Products (Rule 4-50)'', in their
entirety.
[FR Doc. 2013-15728 Filed 7-2-13; 8:45 am]
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[Federal Register Volume 83, Number 34 (Tuesday, February 20, 2018)]
[Notices]
[Pages 7196-7198]
[FR Doc No: 2018-03343]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2016-E-1187]

Determination of Regulatory Review Period for Purposes of Patent
Extension; MAESTRO RECHARGEABLE SYSTEM

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA or the Agency) has
determined the regulatory review period for MAESTRO RECHARGEABLE SYSTEM
and is publishing this notice of that determination as required by law.
FDA has made the determination because of the submission of an
application to the Director of the U.S. Patent and Trademark Office
(USPTO), Department of Commerce, for the extension of a patent which
claims that medical device.

DATES: Anyone with knowledge that any of the dates as published (in the
SUPPLEMENTARY INFORMATION section) are incorrect may submit either
electronic or written comments and ask for a redetermination by April
23, 2018. Furthermore, any interested person may petition FDA for a
determination regarding whether the applicant for extension acted with
due diligence during the regulatory review period by August 20, 2018.
See ``Petitions'' in the SUPPLEMENTARY INFORMATION section for more
information.

ADDRESSES: You may submit comments as follows. Please note that late,
untimely filed comments will not be considered. Electronic comments
must be submitted on or before April 23, 2018. The https://www.regulations.gov electronic filing system will accept comments until
midnight Eastern Time at the end of April 23, 2018. Comments received
by mail/hand delivery/courier (for written/paper submissions) will be
considered timely if they are postmarked or the delivery service
acceptance receipt is on or before that date.

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2016-E-1187 for ``Determination of Regulatory Review Period for
Purposes of Patent Extension; MAESTRO RECHARGEABLE SYSTEM.'' Received
comments, those filed in a timely manner (see ADDRESSES), will be
placed in the docket and, except for those submitted as ``Confidential
Submissions,'' publicly viewable at https://www.regulations.gov or at
the Dockets Management Staff between 9 a.m. and 4 p.m., Monday through
Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the

information you claim to be confidential with a heading or cover note
that states ``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The
Agency will review this copy, including the claimed confidential
information, in its consideration of comments. The second copy, which
will have the claimed confidential information redacted/blacked out,
will be available for public viewing and posted on https://www.regulations.gov. Submit both copies to the Dockets Management
Staff. If you do not wish your name and contact information to be made
publicly available, you can provide this information on the cover sheet
and not in the body of your comments and you must identify this
information as ``confidential.'' Any information marked as
``confidential'' will not be disclosed except in accordance with Sec.
10.20 (21 CFR 10.20) and other applicable disclosure law. For more
information about FDA's posting of comments to public dockets, see 80
FR 56469, September 18, 2015, or access the information at: https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Beverly Friedman, Office of Regulatory
Policy, Food and Drug Administration, 10903 New Hampshire Ave., Bldg.
51, Rm. 6250, Silver Spring, MD 20993,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    The Drug Price Competition and Patent Term Restoration Act of 1984
(Pub. L. 98-417) and the Generic Animal Drug and Patent Term
Restoration Act (Pub. L. 100-670) generally provide that a patent may
be extended for a period of up to 5 years so long as the patented item
(human drug product, animal drug product, medical device, food
additive, or color additive) was subject to regulatory review by FDA
before the item was marketed. Under these acts, a product's regulatory
review period forms the basis for determining the amount of extension
an applicant may receive.
    A regulatory review period consists of two periods of time: A
testing phase and an approval phase. For medical devices, the testing
phase begins with a clinical investigation of the device and runs until
the approval phase begins. The approval phase starts with the initial
submission of an application to market the device and continues until
permission to market the device is granted. Although only a portion of
a regulatory review period may count toward the actual amount of
extension that the Director of USPTO may award (half the testing phase
must be subtracted as well as any time that may have occurred before
the patent was issued), FDA's determination of the length of a
regulatory review period for a medical device will include all of the
testing phase and approval phase as specified in 35 U.S.C.
156(g)(3)(B).
    FDA has approved for marketing the medical device MAESTRO
RECHARGEABLE SYSTEM. MAESTRO RECHARGEABLE SYSTEM is indicated for use
in weight reduction in patients aged 18 years through adulthood who
have a body mass index (BMI) of 40 to 45 kg/m2, or a BMI of 35 to 39.9
kg/m2 with one or more obesity related co-morbid conditions, and have
failed at least one or more obesity related co-morbid conditions, and
have failed at least one supervised weight management program within
the past 5 years. Subsequent to this approval, the USPTO received a
patent term restoration application for MAESTRO RECHARGEABLE SYSTEM
(U.S. Patent No. 7,672,727) from EnteroMedics Inc., and the USPTO
requested FDA's assistance in determining this patent's eligibility for
patent term restoration. In a letter dated July 12, 2016, FDA advised
the USPTO that this medical device had undergone a regulatory review
period and that the approval of MAESTRO RECHARGEABLE SYSTEM represented
the first permitted commercial marketing or use of the product.
Thereafter, the USPTO requested that FDA determine the product's
regulatory review period.

II. Determination of Regulatory Review Period

    FDA has determined that the applicable regulatory review period for
MAESTRO RECHARGEABLE SYSTEM is 2,866 days. Of this time, 2,296 days
occurred during the testing phase of the regulatory review period,
while 570 days occurred during the approval phase. These periods of
time were derived from the following dates:
    1. The date an exemption under section 520(g) of the Federal Food,
Drug, and Cosmetic Act (the FD&C Act) (21 U.S.C. 360j(g)) involving
this device became effective: March 13, 2007. The applicant claims that
the investigational device exemption (IDE) required under section
520(g) of the FD&C Act for human tests to begin became effective on
March 14, 2007. However, FDA records indicate that the IDE was
determined substantially complete for clinical studies to have begun on
March 13, 2007, which represents the IDE effective date.
    2. The date an application was initially submitted with respect to
the device under section 515 of the FD&C Act (21 U.S.C. 360e): June 24,
2013. The applicant claims June 20, 2013, as the date the premarket
approval application (PMA) for MAESTRO RECHARGEABLE SYSTEM (PMA
P130019) was initially submitted. However, FDA records indicate that
PMA P130019 was submitted on June 24, 2013.
    3. The date the application was approved: January 14, 2015. FDA has
verified the applicant's claim that PMA P130019 was approved on January
14, 2015.
    This determination of the regulatory review period establishes the
maximum potential length of a patent extension. However, the USPTO
applies several statutory limitations in its calculations of the actual
period for patent extension. In its application for patent extension,
this applicant seeks 385 days of patent term extension.

III. Petitions

    Anyone with knowledge that any of the dates as published are
incorrect may submit either electronic or written comments and, under
21 CFR 60.24, ask for a redetermination (see DATES). Furthermore, as
specified in Sec.  60.30 (21 CFR 60.30), any interested person may
petition FDA for a determination regarding whether the applicant for
extension acted with due diligence during the regulatory review period.
To meet its burden, the petition must comply with all the requirements
of Sec.  60.30, including but not limited to: Must be timely (see
DATES), must be filed in accordance with Sec.  10.20, must contain
sufficient facts to merit an FDA investigation, and must certify that a
true and complete copy of the petition has been served upon the patent
applicant. (See H. Rept. 857, part 1, 98th Cong., 2d sess., pp. 41-42,
1984.) Petitions should be in the format specified in 21 CFR 10.30.
    Submit petitions electronically to https://www.regulations.gov at
Docket No. FDA-2013-S-0610. Submit written petitions (two copies are
required) to the Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

    Dated: February 13, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-03343 Filed 2-16-18; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 81, Number 211 (Tuesday, November 1, 2016)]
[Notices]
[Page 75865]
[FR Doc No: 2016-26302]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79165; File Nos. SR-DTC-2016-007; SR-FICC-2016-005; SR-
NSCC-2016-003]

Self-Regulatory Organizations; The Depository Trust Company;
Fixed Income Clearing Corporation; National Securities Clearing
Corporation; Notice of Designation of a Longer Period for Commission
Action on Proposed Rule Changes Relating to Clearing Agency Investment
Policy

October 26, 2016.
    On August 25, 2016, The Depository Trust Company (``DTC''), Fixed
Income Clearing Corporation (``FICC''), and National Securities
Clearing Corporation (``NSCC'', and together with DTC and FICC, the
``Clearing Agencies'') filed with the Securities and Exchange
Commission (``Commission'') proposed rule changes SR-DTC-2016-007, SR-
FICC-2016-005, and SR-NSCC-2016-003 pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (``Act''),\1\ and Rule 19b-4
thereunder,\2\ to adopt the Clearing Agency Investment Policy, which
governs the investment of funds of the Clearing Agencies. The proposed
rule changes were published for comment in the Federal Register on
September 13, 2016.\3\ To date, the Commission has not received any
comments on the proposed rule changes.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 78778 (September 7,
2016), 81 FR 62963 (September 13, 2016) (SR-DTC-2016-007; SR-FICC-
2016-005; SR-NSCC-2016-003).
---------------------------------------------------------------------------

    Section 19(b)(2) of the Act \4\ provides that, within 45 days of
the publication of notice of the filing of a proposed rule change, or
within such longer period up to 90 days as the Commission may designate
if it finds such longer period to be appropriate and publishes its
reasons for so finding, or as to which the self-regulatory organization
consents, the Commission shall either approve the proposed rule change,
disapprove the proposed rule change, or institute proceedings to
determine whether the proposed rule change should be disapproved. The
45th day after publication of the notice for these proposed rule
changes is October 28, 2016. The Commission is extending this 45-day
time period.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

    In order to provide the Commission with sufficient time to consider
the proposed rule changes, the Commission finds that it is appropriate
to designate a longer period within which to take action on the
proposed rule changes. Accordingly, the Commission, pursuant to Section
19(b)(2) of the Act,\5\ designates December 12, 2016 as the date by
which the Commission shall either approve, disapprove, or institute
proceedings to determine whether to disapprove the proposed rule
changes (File Nos. SR-DTC-2016-007; SR-FICC-2016-005; SR-NSCC-2016-
003).
---------------------------------------------------------------------------

    \5\ Id.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\6\
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    \6\ 17 CFR 200.30-3(a)(31).
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Brent J. Fields,
Secretary.
[FR Doc. 2016-26302 Filed 10-31-16; 8:45 am]
 BILLING CODE 8011-01-P