[Federal Register Volume 84, Number 151 (Tuesday, August 6, 2019)]
[Notices]
[Pages 38280-38281]
[FR Doc No: 2019-16830]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4450-DR; Docket ID FEMA-2019-0001]

Mississippi; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of Mississippi (FEMA-4450-DR), dated June 20,
2019, and related determinations.

DATES: The declaration was issued June 20, 2019.

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

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated June 20, 2019, the President issued a major disaster declaration
under the authority of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''), as follows:

    I have determined that the damage in certain areas of the State
of Mississippi resulting from severe storms, tornadoes, straight-
line winds, and flooding during the period of April 13 to April 14,
2019, is of sufficient severity and magnitude to warrant a major
disaster declaration under the Robert T. Stafford Disaster Relief
and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''). Therefore, I declare that such a major disaster exists in
the State of Mississippi.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as

you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Public Assistance in the
designated areas and Hazard Mitigation throughout the State.
Consistent with the requirement that Federal assistance be
supplemental, any Federal funds provided under the Stafford Act for
Hazard Mitigation will be limited to 75 percent of the total
eligible costs. Federal funds provided under the Stafford Act for
Public Assistance also will be limited to 75 percent of the total
eligible costs, with the exception of projects that meet the
eligibility criteria for a higher Federal cost-sharing percentage
under the Public Assistance Alternative Procedures Pilot Program for
Debris Removal implemented pursuant to section 428 of the Stafford
Act.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, Jose M. Girot, of FEMA is appointed
to act as the Federal Coordinating Officer for this major disaster.
    The following areas of the State of Mississippi have been
designated as adversely affected by this major disaster:

    Clarke, Clay, Itawamba, Kemper, Monroe, Oktibbeha, Warren, and
Yazoo Counties for Public Assistance.
    All areas within the State of Mississippi are eligible for
assistance under the Hazard Mitigation Grant Program.
    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.

Pete Gaynor,
Acting Administrator, Federal Emergency Management Agency.
[FR Doc. 2019-16830 Filed 8-5-19; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 83, Number 247 (Thursday, December 27, 2018)]
[Notices]
[Pages 66808-66811]
[FR Doc No: 2018-27986]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-84852; File No. SR-CHX-2018-09]

Self-Regulatory Organizations; Chicago Stock Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Decommission the Exchange's Outbound Routing Service and the Sub-Second
Non-Displayed Auction Process

December 19, 2018.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby given
that, on December 12, 2018, the Chicago Stock Exchange, Inc. (``CHX''
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 self-regulatory
organization. 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\ 15 U.S.C. 78a.
    \3\ 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

    The Exchange proposes to amend the rules of the Exchange
(``Rules'') to decommission the Exchange's outbound routing service and
the Sub-second Non-displayed Auction Process (``SNAP''). The proposed
rule change is available on the Exchange's website at www.nyse.com, at
the principal office of the Exchange, and at the Commission's Public
Reference Room.

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

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

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

1. Purpose
2. Background
    The Exchange proposes to amend the Rules to decommission the
Exchange's outbound routing service \4\ and SNAP.\5\ Since initial
launch of the outbound routing service in May 2015 and SNAP in June
2016, neither product has been frequently or actively utilized by
Participants.\6\ Accordingly, to streamline the Exchange's product
offerings and to reallocate Exchange resources to other initiatives and
obligations, the Exchange proposes to decommission the outbound routing
service and SNAP as of December 31, 2018 (``Operative Date'').
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    \4\ See generally CHX Article 19.
    \5\ See CHX Article 18, Rules 1 and 1A. The Exchange will submit
a separate Rule 19b-4 filing to eliminate fees and credits
associated with the outbound routing service and SNAP.
    \6\ See CHX Article 1, Rule 1(s). From January 1, 2018 through
November 30, 2018, the Exchange routed away a total of 634 orders
and executed 178,682 away shares pursuant to the outbound routing
service. Moreover, a total of 60 SNAP auctions that resulted in
order executions were initiated since June 2016, 16 of which
occurred in 2018.
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    On the Operative Date, the Exchange's outbound routing broker-
dealer, CHXBD, LLC (``CHXBD''), will cease business operations and all
inbound orders received by the Exchange will be handled Do Not
Route.\7\ Specifically, to the extent an inbound order would trade-
through a protected quotation of an away market in violation of Rule
611 of Regulation NMS \8\ or impermissibly lock or cross a protected
quotation of an away market in violation of Rule 610(d) of Regulation
NMS,\9\ the order will either be cancelled back to the order sender or
price slid to a permissible price if it is marked CHX Only.\10\
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    \7\ See CHX Article 1, Rule 2(b)(3)(A).
    \8\ 17 CFR 242.611.
    \9\ 17 CFR 242.610(d).
    \10\ See CHX Article 1, Rule 2(b)(1)(C); see also amended CHX
Article 20, Rules 5 and 6.
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    With respect to SNAP, pursuant to Article 20, Rule 4(b), the
Exchange deactivated the Start SNAP,\11\ Cancel On SNAP,\12\ and SNAP
Auction Only Order (``SNAP AOO'') \13\ order modifiers as of August 16,
2018. As SNAP Cycles \14\ can only be initiated upon receipt of a valid
Start SNAP order or pursuant to the Exchange's pro forma review of the
SNAP AOO queue,\15\ the Exchange does not currently conduct any SNAP
auctions. Therefore, elimination of the SNAP-related Rules will have no
impact on the current operation of the Matching System.\16\
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    \11\ See CHX Article 1, Rule 2(h)(1).
    \12\ See CHX Article 1, Rule 2(h)(2).
    \13\ See CHX Article 1, Rule 2(h)(3).
    \14\ See CHX Article 1, Rule 1(b).
    \15\ See CHX Article 18, Rules 1A(a) and (b).
    \16\ The Matching System is a ``Trading Facility'' of the
Exchange as defined under CHX Article 1, Rule 1(z).
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3. Proposed Rule Change
    To effect the decommissioning of the outbound routing service and
SNAP, the Exchange proposes to amend the Rules as follows:
a. Amendments to Article 1
    Current Article 1, Rule 1(oo) defines the term ``Routable Order,''
which are the only orders that may be routed away pursuant to the
outbound routing service. The Exchange proposes to amend Article 1,
Rule 1(oo) to eliminate ``Routable Order'' as a defined term and to
insert the term ``Reserved'' in its place.
    Current Article 1, Rule 1(rr) defines the term ``SNAP Price,''
which is the single price at which an order will be executed during a
SNAP Cycle, and current Article 1, Rule 1(ss) defines ``SNAP Eligible
Orders,'' which are specific orders that are eligible for participation
in a SNAP Cycle. The Exchange proposes to amend these Rules to
eliminate SNAP Price and SNAP Eligible Orders as defined terms and to
insert the term ``Reserved'' in their place.
    Current Article 1, Rule 2(a) provides that the general order types
described thereunder shall be accepted by the Matching System, subject
to the requirements of Article 20, Rule 4. Because the decommissioning
of the outbound routing service would result in all orders being non-
routable, the

Exchange proposes to amend Rule 2(a) to provide that all orders
received by the Matching System would be deemed to have been received
``Do Not Route,'' as defined under Article 1, Rule 2(b)(3)(A), which
cannot be overridden by the order sender. Because all orders received
by the Exchange would be handled ``Do Not Route,'' the Exchange
proposes to delete repetitive text under Article 1, Rules 2(b)(1)(C),
2(b)(1)(D), 2(b)(3)(B), 2(d)(2), and 2(d)(4).
    Current Article 1, Rule 2(h) defines the three order modifiers
specific to SNAP: Start SNAP, under paragraph (h)(1); Cancel On SNAP,
under paragraph (h)(2); and SNAP AOO, under paragraph (h)(3). The
Exchange proposes to eliminate Start SNAP, Cancel On SNAP, and SNAP AOO
as defined terms and delete Rule 2(h) in its entirety. Elimination of
these order modifiers would have no impact on trading during the Open
Trading State,\17\ as they are only valid in the context of SNAP
Cycles.
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    \17\ See CHX Article 1, Rule 1(qq) defining ``Open Trading
State.''
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b. Amendments to Article 18
    Current Article 18 (Auctions) includes Rule 1, which describes the
SNAP Cycle, and Rule 1A, which describes how a SNAP Cycle is initiated
and the process by which a SNAP Cycle is initiated by the Exchange. In
light of the proposed decommissioning of SNAP, the Exchange proposes to
delete Rules 1 and 1A in their entirety. Because the Exchange does not
currently offer any other auction products, the Exchange proposes to
replace the term ``Auctions'' in the heading to Article 18 with the
term ``Reserved.''
c. Amendments to Article 19
    Current Article 19 (Operation of the CHX Routing Services)
describes the CHX Routing Services, which includes both outbound and
inbound order routing. Specifically, Rule 1 (CHX Routing Services)
provides a summary of the outbound routing function, as well as
limitation of liability and firm order provisions. Rule 2 (Routing
Broker) describes the functions and obligations of CHXBD as outbound
router under paragraph (a) and Archipelago Securities LLC (``Arca
Securities'') as inbound router to the Exchange from NYSE Arca, Inc.
(``NYSE Arca''), NYSE American, LLC (``NYSE American''), New York Stock
Exchange, LLC (``NYSE''), and NYSE National, Inc. (``NYSE National,''
and with the Exchange, NYSE Arca, NYSE American, NYSE, and NYSE
National, the ``NYSE Group Exchanges'') under paragraph (b). Rule 3
(Routing Events) describes the circumstances under which Routable
Orders are routed away from the Exchange.
    Given that the Exchange is proposing to decommission outbound
routing only and thereby maintain the inbound routing function, the
Exchange proposes to delete Rules 1(a), 1(c), and 3, and all language
under Rule 2(a) (replacing the deleted text with the term
``Reserved''), but to maintain Rules 1(b) (as amended Rule 1) and 2(b).
Specifically, current Rule 2(b) describes the inbound routing function
and current Rule 1(b) (amended Rule 1) provides that use of the CHX
Routing Services (i.e., the inbound routing function) is optional and
subject to the Exchange's limitation of liability under Article 3, Rule
19.
    With respect to the proposed deletion of current Article 19, Rule
2(a)(7) related to the CHXBD Error Account, the Exchange notes that
since the outbound routing service will be decommissioned, the Exchange
will not be at risk of having to liquidate unpaired trade positions, as
such positions would only result from issues related to routed orders.
However, even if unpaired trade positions were to result from
executions within the Matching System, the Exchange would be permitted
to nullify such transactions pursuant to Article 20, Rules 10(f) and
(g), and would rely on the limitation on liability provisions under
Article 3, Rule 19. Therefore, the CHXBD Error Account will not be
required to address unpaired trade positions.
    The Exchange notes that current Rules 3(c) and 3(d) refer to
Article 20, Rules 8(b)(7), 8(f), and 12(b), all of which the Exchange
proposes to delete, as described below.
d. Amendments to Article 20
    Current Article 20, Rule 5 (Prevention of Trade-Throughs) describes
the handling of inbound orders whose immediate execution would be
improper under Rule 611 of Regulation NMS \18\ for Routable Orders
under Rule 5(a)(1) and non-Routable Orders under Rule 5(a)(2). The
Exchange proposes to delete language under current Rule 5(a)(1) and
insert the term ``Reserved.'' Also, since all inbound orders received
by the Matching System would be deemed received as Do Not Route,
pursuant to amended Article 1, Rule 2(a), the Exchange proposes to
amend current Rule 5(a)(2) to delete as repetitive the phrase ``and the
order cannot be routed away.'' Therefore, amended Rule 5(a)(2) would
provide that if execution of all or part of an inbound order would
cause an improper trade-through, the order shall be automatically
cancelled; provided, however, that such an order marked CHX Only may be
subject to the CHX Only Price Sliding Processes, detailed under Article
1, Rule 2(b)(1)(C) and not automatically cancelled.
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    \18\ 17 CFR 242.611.
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    Current Article 20, Rule 6 (Locked and Crossed Markets) describes
the handling of inbound orders whose immediate display would be
improper under Rule 610(d) of Regulation NMS \19\ for Routable Orders
under Rule 6(d)(1) and non-Routable Orders under Rule 6(d)(2). The
Exchange proposes to delete language under current Rule 6(d)(1) and
insert the term ``Reserved.'' Also, since all inbound orders received
by the Matching System will be deemed received as Do Not Route,
pursuant to amended Article 1, Rule 2(a), the Exchange proposes to
amend current Rule 6(d)(2) to delete as repetitive the phrase ``and the
order cannot be routed away.'' Therefore, amended Rule 6(d)(2) provides
that if the display of an order would impermissibly lock or cross a
protected quotation of an external market, that order shall be
automatically cancelled; provided, however, that such an order marked
CHX Only may be subject to the CHX Only Price Sliding Processes,
detailed under Article 1, Rule 2(b)(1)(C) and not automatically
cancelled.
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    \19\ 17 CFR 242.610(d).
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    Current Article 20, Rule 8(a) generally provides that Participants
may route orders to the Matching System through any communications line
approved by the Exchange but may only route orders away from the
Matching System by utilizing the CHX Routing Services, pursuant to
Article 19. The Exchange proposes to amend Rule 8(a) to delete language
related to routing orders away from the Matching System.
    Current Article 20, Rule 8(b)(7) describes how the unexecuted
remainder of routed orders returned to the Matching System are ranked
on the CHX book. In light of the proposed decommissioning of the
outbound routing service, the Matching System will not receive any
unexecuted remainders of orders routed away from the Matching System,
and therefore, the Exchange proposes to delete Rule 8(b)(7) in its
entirety.
    Current Article 20, Rule 8(d)(3) describes how Odd Lot \20\ orders
and unexecuted Odd Lot remainders of routed orders are handled by the
Matching System. The Exchange proposes to amend Rule 8(d)(3) to
eliminate language relating to routing

away orders. Accordingly, amended Rule 8(d)(3) provides that an Odd Lot
order or unexecuted Odd Lot remainders shall be posted to, remain in,
or be cancelled from the Matching System according to the attached
order modifiers.
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    \20\ See CHX Article 1, Rule 2(f)(2).
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    Current Article 20, Rule 8(d)(4) (Rule 201 of Regulation SHO \21\)
describes how orders subject to the short sale price test restriction
will be handled during the Open Trading State and transition to the
Open Trading State from a SNAP Cycle, under subparagraph (A), and
during a SNAP Cycle, under subparagraph (B). The Exchange proposes to
delete reference to the stage five Transition to the Open Trading State
under subparagraph (A) and to delete subparagraph (B) in its entirety
as it describes the handling of orders subject to the short sale price
test restriction during a SNAP Cycle. Moreover, the Exchange proposes
to amend subparagraph (A)(iv) to omit reference to the routing away of
Sell Short orders. Accordingly, amended subparagraph (A)(iv) will
provide that a Sell Short order, other than a CHX Only order, will be
cancelled back to the order sender if, based on Rule 201 of Regulation
SHO,\22\ such order is not executable or cannot be posted to the
Matching System.
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    \21\ 17 CFR 242.201.
    \22\ 17 CFR 242.201.
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    Current Article 20, Rule 8(e) describes the execution of certain
orders, order types, and auctions. The Exchange proposes to amend Rule
8(e) to delete reference to ``auctions'' in the header and to delete
the language under current Rule 8(e)(2) related to the execution of
orders during a SNAP Cycle, inserting the term ``Reserved'' in its
place.
    Current Article 20, Rule 8(f) describes how orders cancellation
messages submitted by Participants are handled and Rule 8(f)(2), in
particular, describes how cancel messages received by the Exchange for
routed orders are handled. The Exchange proposes to delete Rule 8(f)(2)
in its entirety.
    Current Article 20, Rule 12 (Order Cancellation/Release by the
Exchange) describes the circumstances under which the Exchange may
cancel or release orders. Specifically, Rule 12(a) permits the Exchange
or CHXBD to cancel orders it deems necessary to maintain fair and
orderly markets if a technical or systems issue occurs at the Exchange,
CHXBD, a non-affiliated third-party broker, or another trading center
to which an order was routed. Rule 12(a) also requires the Exchange or
CHXBD to provide notice of the cancellation to affected Participants as
soon as practicable. In addition, Rule 12(b) permits the Exchange to
release orders being held on the Exchange awaiting another trading
center execution as it deems necessary to maintain fair and orderly
markets if a technical or systems issue occurs at the Exchange, CHXBD,
a non-affiliated third-party broker, or another Trading Center to which
an order has been routed. Given that the proposed decommissioning of
the outbound routing service will not require the Exchange to cancel or
release orders that have been routed away from the Exchange, the
Exchange proposes to amend the header to Rule 12 to read ``Order
Cancellation by the Exchange,'' amend Rule 12(a) to limit its scope to
technical or systems issues that occur at the Exchange only, and to
delete Rule 12(b) in its entirety.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b)(5) of the Exchange Act,\23\ in that it is designed to
prevent fraudulent and manipulative acts and practices, to promote just
and equitable principles of trade, to foster cooperation and
coordination with persons engaged in facilitating transactions in
securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system and, in general, to
protect investors and the public interest.
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    \23\ 15 U.S.C. 78f(b)(5).
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    Specifically, the Exchange believes that the proposal to amend the
Rules to decommission the Exchange's outbound routing service and SNAP
will permit the Exchange to reallocate resources currently used to
maintain the infrequently utilized \24\ outbound routing service and
SNAP to the development of other business initiatives and to further
support the Exchange's regulatory obligations. In addition, the
Exchange notes that the decommissioning of the outbound routing service
will result in all inbound orders received by the Exchange being
handled Do Not Route and therefore subject to the Exchange's current
order processing procedures and rules for non-routable orders, which
will ensure that the Matching System continues to be reasonably
designed to comply with the requirements of Rule 201 of Regulation SHO
\25\ and Rules 610(d) \26\ and 611 \27\ of Regulation NMS. Also, the
Exchange is not required by rule or regulation to provide outbound
routing services and Participants will continue to be able to route
orders to away markets either directly or through another routing
service. Therefore, the Exchange believes that the proposed rule change
will remove impediments to and perfect the mechanism of a free and open
market and a national market system in furtherance of Section 6(b)(5)
of the Exchange Act.\28\
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    \24\ See supra note 6.
    \25\ 17 CFR 242.201.
    \26\ 17 CFR 242.610(d).
    \27\ 17 CFR 242.611.
    \28\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Exchange Act. Specifically, the
proposed rule change will result in the decommissioning of certain
Exchange products that have not been frequently or actively utilized by
Participants. Therefore, the Exchange submits that the proposal does
not raise any competitive issues.

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

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

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \29\ and Rule 19b-4(f)(6) thereunder.\30\
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 prior to
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 and Rule 19b-
4(f)(6)(iii) thereunder.
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    \29\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \30\ 17 CFR 240.19b-4(f)(6).
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    A proposed rule change filed under Rule 19b-4(f)(6) \31\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b4(f)(6)(iii),\32\ the Commission
may designate a shorter time if such action is consistent with the
protection

of investors and the public interest. The Exchange has asked the
Commission to waive the 30-day operative delay so that the proposal may
become operative on December 31, 2018 to coincide with the termination
of its clearing agreement with a third-party routing broker-dealer at
the completion of calendar year 2018. According to CHX, waiver of the
operative delay would provide cost savings that would permit the
Exchange to allocate those resources to developing new business
initiatives or further supporting its regulatory obligations. The
Exchange also notes that the neither outbound router nor SNAP are
utilized frequently.\33\ The Commission believes that a partial waiver
of the 30-day operative delay is consistent with the protection of
investors and the public interest and hereby designates the proposal
operative on December 31, 2018.\34\
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    \31\ 17 CFR 240.19b-4(f)(6).
    \32\ 17 CFR 240.19b-4(f)(6)(iii).
    \33\ See supra note 6.
    \34\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    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. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \35\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
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    \35\ 15 U.S.C. 78s(b)(2)(B).
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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-CHX-2018-09 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-CHX-2018-09. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-CHX-2018-09 and should be submitted on
or before January 17, 2019.\36\

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.
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    \36\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2018-27986 Filed 12-26-18; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 203 (Monday, October 25, 2021)]
[Notices]
[Pages 58999-59002]
[FR Doc No: 2021-22627]

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DEPARTMENT OF TRANSPORTATION

[Docket No. DOT-OST-2021-0127]

Agency Information Collection Activities; Approval of a New
Information Collection Request

AGENCY: Office of the Secretary (OST), Department of Transportation
(DOT).

ACTION: Notice and request for comments.

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SUMMARY: The Department of Transportation (DOT or Department) invites
public comments about our intention to request the Office of Management
and Budget's (OMB) approval for an information collection for the
Department's Airport Concession Disadvantaged Business Enterprise
(ACDBE) program.

DATES: Written comments should be submitted by December 27, 2021.

ADDRESSES: You may submit comments identified by Docket No. DOT-OST-
2021-0127 through one of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the online instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail or Hand Delivery: Docket Management Facility, U.S.
Department of Transportation, 1200 New Jersey Avenue SE, West Building,
Room W12-140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday
through Friday, except on Federal holidays.

FOR FURTHER INFORMATION CONTACT: Marcus England,<PHONE_NUMBER>,
[email protected] or Nicholas Giles,<PHONE_NUMBER>,
[email protected]/Office of Civil Rights, National Airport Civil
Rights Policy and Compliance (ACR-4C), Federal Aviation Administration,
600 Independence Ave. SW, Washington, DC 20591.

SUPPLEMENTARY INFORMATION: The DOT has the important responsibility of
ensuring that firms competing for concession opportunities are not
disadvantaged by unlawful discrimination. The DOT's most important tool
for meeting this requirement has been its ACDBE program, which is
regulated by 49 CFR part 23 (ACDBE regulation) and is mandated by 49
U.S.C. 47107(e), originally enacted in 1987 and amended in 1992.
    The information collections described in this notice are necessary
to maintain successful implementation of the ACDBE program. The
collections help ensure recipients that receive Federal financial
assistance from the Airport Improvement Program (AIP) of the Federal
Aviation Administration (FAA) do not discriminate in the provision of
opportunities for disadvantaged business enterprises in airport
concessions.
    We are required to publish this notice in the Federal Register by
the Paperwork Reduction Act of 1995, Public Law 104-13 (PRA).
    To assist in estimating the potential paperwork burden of these
collections, the Department reached out to a subset of the 396 primary
airports who are subject to the ACDBE program requirements to gain a
general understanding of the associated costs and how much time they
spend each year responding to these collections.
    To help commenters provide information that will better allow the
Department to include the appropriate paperwork burden within this
collection, we offer the following clarifications: A ``collection of
information,'' is defined as the obtaining, causing to be obtained,
soliciting, or requiring the disclosure to an agency, third parties or
the public of information by or for an agency by means of identical
questions posed to, or identical reporting, recordkeeping, or
disclosure requirements imposed on, ten or more persons. 5 CFR part
1320. The activities that constitute the ``burden'' associated with a
collection are defined in 5 CFR part 1320 as the total time, effort, or
financial resources expended by persons to generate, maintain, retain,
or disclose or provide information to or for a Federal agency. In
addition, as stated in 5 CFR part 1320, recordkeeping requirement means
a requirement imposed by or for an agency on persons to maintain
specified records, including a requirement to: (1) Retain such records;
(2) notify third parties, the Federal Government, or the public of the
existence of such records; (3) disclose such records to third parties,
the Federal Government, or the public; or (4) report to third parties,
the Federal Government, or the public regarding such records.
    For purposes of this 60-day notice, we have included the burden
estimates we received from the small number of stakeholders we
contacted. To ensure that estimates contain burdens associated with
aspects of the program that constitute paperwork burdens as defined by
the PRA, the Department requests that commenters who provide burden
estimates for aspects of the program identified below be as specific as
possible, including what amount of time each task takes and what, if
any, additional costs beyond labor costs (e.g., copying, mailing,
storage, or other technology costs) are associated with each aspect of
the collection.
    OMB Control Number: N/A.
    Title: Airport Concession Disadvantaged Business Enterprise (ACDBE)
Program Requirements.
    Form Numbers: N/A.
    Type of Review: Initial Approval of Information Collection.

1. Submission of ACDBE Program to the FAA

    Section 23.21 requires recipients to submit an ACDBE program to the
FAA for approval. The FAA evaluates submitted ACDBE programs to
determine whether they include all the provisions and measures required
by the regulation. Timely submission and FAA approval of a recipient's
ACDBE program are conditions of eligibility for FAA financial
assistance.
    Paragraph (d) of Sec.  23.21 requires recipients that make any
significant changes to their ACDBE programs to provide an amended
program to the FAA for approval before implementing the changes.
    The FAA received total annual burden hours from eight recipients,
two of each hub size (nonhub, small, medium and large), ranging from 19
to 40 hours. The average burden hour per recipient response, based on
the information received from the eight recipients, is 28 hours. The
FAA calculated the total annual cost burden by multiplying the total
annual burden hours (56 hours x 396 respondents) against the fully
loaded state government wage rate taken from Bureau of Labor and
Statistics' (BLS's) estimate of median wages for employees in
``Management Occupations'' (SOC 11-000) working in ``State Government,
excluding schools and hospitals'' (NAICS 999200) at https://www.bls.gov/oes/current/naics4_999200.htm#11-0000. The wage rate
($44.66/hour) is multiplied by 1.62 to get a fully loaded wage rate
(compensation rate) of $72.35 to account for the cost of employer
provided benefits.
    Respondents: Recipients of FAA grants for Airport Development.
    Number of Respondents: 396.
    Frequency: Once, unless the recipient makes a significant change to
its ACDBE program and is required to submit an amended program to the
FAA for approval.
    Number of Responses: 396.
    Total Annual Burden Hours: 11,088 hours
    Total Annual Burden Costs: $802,216.80.

2. Annual Report on ACBE Participation

    Section 23.27 requires recipients with approved ACDBE programs to
submit a ``Uniform Report of ACDBE Participation'' (Uniform Report).
The Uniform Report is developed electronically and submitted annually
to the FAA. The Uniform Report assists the FAA in conducting program
oversight of recipients' ACDBE programs, identifying trends or problem
areas in the program, and ensuring that the ACDBE program is achieving
its goal of encouraging ACDBE participation in concession-related
opportunities.
    The reporting requirements of the Uniform Report include the
following information:
     Overall percentage goals of ACDBE participation and their
race-conscious (RC) and race-neutral (RN) components;
     new and continuing car rental concession opportunities and
activity under the ACDBE program during the reporting period;
     total concession gross revenues for concessionaires (prime
and sub) and purchases of goods and services at the airport;
     number of lease agreements, contracts, etc., in effect or
taking place during the reporting period in each participation category
for all concessionaires and purchases of goods and services;
     total gross revenues in each participation category for
ACDBEs;
     total gross revenues attributable to race-conscious and
race-neutral measures, respectively;
     overall car rental percentage goal and the race-conscious
(RC) and race-neutral (RN) components of it; and
     The following information for each ACDBE firm
participating in the ACDBE program during the period: (1) Firm name;
(2) Type of business; (3) Beginning and expiration dates of the
agreement, including options to renew; (4) Dates that material
amendments have been or will be made to the agreement (if known); and
(5) Estimated gross receipts for the firm during the reporting period.
    The FAA received total annual burden hours from eight recipients,
two of each hub size (nonhub, small, medium and large), ranging from 15
to 96 hours. The average burden hour per response. based on the
information received from the eight recipients, is 56 hours. The FAA
estimated the total annual cost burden by multiplying the total annual
burden hours (56 hours x 396 respondents = 22,176) against the fully
loaded state government wage rate of $72.35. The state government wage
rate was taken from Bureau of Labor and Statistics' (BLS's) estimate of
median wages for employees in ``Management Occupations'' (SOC 11-000)
working in ``State Government, excluding schools and hospitals'' (NAICS
999200) at https://www.bls.gov/oes/current/naics4_999200.htm#11-0000.
The wage rate ($44.66/hour) is multiplied by 1.62 to get a fully loaded
wage rate (compensation rate) of $72.35 to account for the cost of
employer provided benefits.
    Respondents: Recipients of FAA grants for Airport Development.
    Number of Respondents: 396.
    Frequency: Once per year.
    Number of Responses: 396.
    Total Annual Burden Hours: 22,176 hours.
    Total Annual Burden Costs: $1,604,433.60.

3. Monitoring and Compliance Procedures

    Section 23.29 requires recipients to implement appropriate
mechanisms to ensure that all ACDBE program participants comply with
the regulation's requirements. Recipients must include in their ACDBE
programs specific provisions to be inserted into concession agreements
and management contracts setting forth the enforcement mechanisms and
other means the recipient uses to ensure compliance. These provisions
must include a written certification that recipients reviewed records
of all contracts, leases, joint venture agreements, or other
concession-related agreements, and monitored the work on-site at their
airport for this purpose. If the FAA conducts a compliance review or
investigation, it verifies whether the recipient has the written
certifications and has monitored the work performed by ACDBEs;
recipients do not otherwise submit the information. Recipients collect
the information during on-site reviews of concession workplaces to
determine whether ACDBEs are actually performing the work for which
credit is being claimed.
    The FAA received total annual burden hours from eight recipients,
two of each hub size (nonhub, small, medium and large), ranging from 0
to 416 hours. The annual burden hours for this requirement can be zero
if a recipient does not have any concessions or any ACDBE participation
to monitor. The average burden hour per response, based on the
information received from the eight recipients, is 153 hours. The FAA
seeks comment on whether the estimates, and in particular the higher
estimates, were based on the substantive monitoring requirement rather
than the paperwork-specific requirements.
    The FAA estimated the total annual cost burden by multiplying the
total annual burden hours (153 hours x 396 respondents = 60,588)
against the fully loaded state government wage rate of $72.35. The
state government wage rate was taken from Bureau of Labor and
Statistics' (BLS's) estimate of median wages for employees in
``Management Occupations'' (SOC 11-000) working in ``State Government,
excluding schools and hospitals'' (NAICS 999200) at https://www.bls.gov/oes/current/naics4_999200.htm#11-0000. The wage rate
($44.66/hour) is multiplied by 1.62 to get a fully loaded wage rate
(compensation rate) of $72.35 to account for the cost of employer
provided benefits. DOT may adjust this estimate based on input received
regarding the basis for the estimates previously provided, as well as
any additional comments and information received.
    Respondents: Recipients of FAA grants for Airport Development.
    Number of Respondents: 396.
    Frequency: 36 times per year (3 times per month).
    Number of Responses: 14,256.
    Total Annual Burden Hours: 2,181,168 hours;
    Total Annual Burden Costs: $157,807,504.80.

4. Requirements for Submitting Overall Goal Information to the FAA

    Congress carefully considered and concluded that race-neutral means
alone are insufficient to remedy the effects of discrimination in
airport concession opportunities. To meet Constitutional strict
scrutiny requirements, ACDBE programs' race-conscious means must be
narrowly tailored. Section 23.45 requires that recipients set and
submit to the FAA an overall goal for ACDBE participation in concession
opportunities every three years. The goal represents the ACDBE
participation that would be expected in the relevant market area given
the availability of ACDBEs. Paragraph (d)(5) of Sec.  23.51 requires
recipients to include with their overall goal submission a description
of the methodology they used to establish the goal. Recipients must
also include a projection of the portions of the overall goal that they
expect to meet through race-neutral and race-conscious means,
respectively, and the basis for the projection. Paragraph (d) of Sec.
23.25 requires recipients to maximize the use of race-neutral measures,
obtaining as much as possible of the ACDBE participation needed to meet
overall goals through such measures.

    The FAA received total annual burden hours from eight recipients,
two of each hub size (nonhub, small, medium and large), ranging from 1
to 120 hours. The average burden hour per response, based on the
information received from the eight recipients, is 53 hours. The FAA
estimated the total annual cost burden by multiplying the total annual
burden hours (53 hours x 396 respondents = 20,988) against the fully
loaded state government wage rate of $72.35. The state government wage
rate was taken from Bureau of Labor and Statistics' (BLS's) estimate of
median wages for employees in ``Management Occupations'' (SOC 11-000)
working in ``State Government, excluding schools and hospitals'' (NAICS
999200) at https://www.bls.gov/oes/current/naics4_999200.htm#11-0000.
The wage rate ($44.66/hour) is multiplied by 1.62 to get a fully loaded
wage rate (compensation rate) of $72.35 to account for the cost of
employer provided benefits.
    Respondents: Recipients of FAA grants for Airport Development.
    Number of Respondents: 396.
    Frequency: Annually.
    Number of Responses: 396.
    Total Annual Burden Hours: 20,988 hours.
    Total Annual Burden Costs: $1,518,481.80.

5. Requirements Relating to Shortfalls in Meeting Overall ACDBE Goals

    Section 23.57 requires recipients that do not meet their overall
goal for ACDBE awards and commitments shown on their Uniform Report of
ACDBE Participation (found in appendix A to part 23) at the end of any
fiscal year to take the following steps to be regarded by the
Department as implementing their ACDBE programs in good faith: (1)
Analyze in detail the reasons for the difference between the overall
goal and the recipient's awards and commitments in that fiscal year;
and (2) establish specific steps and milestones to correct the problems
the recipient identified in its analysis and to enable the recipient to
meet fully its goal for the new fiscal year. CORE 30 airports or other
airports designated by the FAA must submit by December 31st of each
year, the analysis and corrective actions developed under Sec.  23.57
to the FAA for approval and must retain the analysis and corrective
actions for three years. Recipients that are not a CORE 30 airports
must retain the analysis and corrective actions in their records for
three years and make them available to the FAA, on request, for their
review.
    The FAA estimates 130 recipients are subject to developing, and
either retaining or submitting, the shortfall analyses and corrective
actions required under Sec.  23.57 each year. This estimate is derived
from the number of airport recipients whose ACDBE awards and
commitments shown on their Uniform Report of ACDBE Participation were
less than their overall goals for fiscal year 2020. The FAA received
total annual burden hours from two recipients, one small hub airport
and another medium hub size airport, ranging from 2 to 40 hours. The
average burden hour per response, based on the information received
from the two recipients, is 21 hours. The FAA estimated the total
annual cost burden by multiplying the total annual burden hours (21
hours x 130 respondents = 2,730) against the fully loaded state
government wage rate of $72.35. The state government wage rate was
taken from Bureau of Labor and Statistics' (BLS's) estimate of median
wages for employees in ``Management Occupations'' (SOC 11-000) working
in ``State Government, excluding schools and hospitals'' (NAICS 999200)
at https://www.bls.gov/oes/current/naics4_999200.htm#11-0000. The wage
rate ($44.66/hour) is multiplied by 1.62 to get a fully loaded wage
rate (compensation rate) of $72.35 to account for the cost of employer
provided benefits.
    Respondents: Recipients of FAA grants for Airport Development.
    Number of Respondents: 130.
    Frequency: Annually depending on if the awards and commitments
shown on a recipient's Uniform Report of ACDBE Participation at the end
of any fiscal year are less than the overall goal applicable to that
fiscal year.
    Number of Responses: 130.
    Total Annual Burden Hours: 2,730 hours.
    Total Annual Burden Costs: $197,515.50.

6. Requirements Relating to Approval of LTE Agreements

    Paragraph (a) of Sec.  23.75 prohibits recipients from entering
into ``long-term, exclusive agreements'' (LTE agreements) for
concessions without prior FAA approval, based on very limited
conditions which are outlined in the regulation. This general
prohibition is designed to limit the situation where an entire category
of business activity is not subject to competition for an extended
period of time through the use of an LTE agreement. Paragraph (c) of
Sec.  23.75 requires recipients to submit to the FAA various documents
and information to obtain approval from the FAA of a long-term
exclusive (LTE) agreement. The required information includes the
following items:
     A description of the special local circumstances that
warrant a long-term, exclusive agreement;
     A copy of the draft and final leasing and subleasing or
other agreements with specific provisions;
     Assurances that any ACDBE participant will be in an
acceptable form, such as a sublease, joint venture, or partnership;
     Documentation that ACDBE participants are properly
certified;
     A description of the type of business or businesses to be
operated e.g., location, storage and delivery space, ``back-of-the-
house facilities'' such as kitchens, window display space, advertising
space, and other amenities that will increase the ACDBE's chance to
succeed;
     Information on the investment required on the part of the
ACDBE and any unusual management or financial arrangements between the
prime concessionaire and ACDBE; and
     Information on the estimated gross receipts and net profit
to be earned by the ACDBE.
    The collection of information under this section is necessary for
FAA to carry out oversight responsibilities in determining whether
special local circumstances warrant approval of an LTE agreement.
    The FAA estimates seven recipients are required to submit LTE
agreements to FAA for approval under Sec.  23.75(c) each year. This
estimate is derived from the total number of recipients from whom the
FAA received LTE agreements in fiscal year 2020.
    The FAA received total annual burden hours from eight recipients,
two of each hub size (nonhub, small, medium and large), ranging from 0
to 20 hours. The average burden hour per response, based on the
information received from the eight recipients, is 6.25 hours. The FAA
estimated the total annual cost burden by multiplying the total annual
burden hours (6.25 hours x 7 respondents = 43.75) against the fully
loaded state government wage rate of $72.35. The state government wage
rate was taken from Bureau of Labor and Statistics' (BLS's) estimate of
median wages for employees in ``Management Occupations'' (SOC 11-000)
working in ``State Government, excluding schools and hospitals'' (NAICS
999200) at https://www.bls.gov/oes/current/naics4_999200.htm#11-0000.
The wage rate ($44.66/hour) is multiplied by 1.62 to get a fully loaded
wage rate (compensation rate) of $72.35 to account for the cost of
employer provided benefits.

    Respondents: Recipients of FAA grants for Airport Development.
    Number of Respondents: 7.
    Frequency: Annually depending on the number of leases and/or
contracts with prime concessionaires that are long-term exclusive
agreements and require FAA approval.
    Number of Responses: 7.
    Total Annual Burden Hours: 43.75 hours.
    Total Annual Burden Costs: $3,165.31.
    Authority: The Paperwork Reduction Act of 1995, 44 U.S.C. Chapter
35, as amended; and 49 CFR 1.48.

    Signed in Washington, DC, on October 13, 2021.
Irene B. Marion,
Director, Departmental Office of Civil Rights, Department of
Transportation.
[FR Doc. 2021-22627 Filed 10-22-21; 8:45 am]
BILLING CODE 4910-9X-P


[Federal Register: June 23, 2010 (Volume 75, Number 120)]
[Notices]
[Page 35805-35807]
[DOCID:fr23jn10-80]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2007-0208; FRL-8831-5]

Pesticide Product Registrations; Conditional Approvals

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: This notice announces the Agency's issuance, pursuant to the
provisions of section 3(c)(7)(C) of the Federal Insecticide, Fungicide,
and Rodenticide Act (FIFRA), of conditional registrations for the
pesticide products, MON 89034 and MON 89034 x MON 88017, containing
active ingredients that were not in any registered pesticide products
at the time of their respective submissions.

FOR FURTHER INFORMATION CONTACT: Susanne Cerrelli, Biopesticides and
Pollution Prevention Division (7511P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; e-mail
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
Potentially affected entities may include, but are not limited to:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also

be affected. The North American Industrial Classification System
(NAICS) codes have been provided to assist you and others in
determining whether this action might apply to certain entities. If you
have any questions regarding the applicability of this action to a
particular entity, consult the person listed under FOR FURTHER
INFORMATION CONTACT.

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

    EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2007-0208. Publicly available
docket materials are available either in the electronic docket at
http://www.regulations.gov, or, if only available in hard copy, at the
Office of Pesticide Programs (OPP) Regulatory Public Docket in Rm. S-
4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington,
VA. The hours of operation of this Docket Facility are from 8:30 a.m.
to 4 p.m., Monday through Friday, excluding legal holidays. The Docket
Facility telephone number is<PHONE_NUMBER>.
    Pursuant to section 3(c)(2) of FIFRA, a copy of the approved
labels, the list of data references, and data or other scientific
information used to support these registrations, except for material
specifically protected by section 10 of FIFRA, are also available for
public inspection. Requests for data must be made in accordance with
the provisions of the Freedom of Information Act and must be addressed
to the Freedom of Information Office (A-101), 1200 Pennsylvania Ave.,
NW., Washington, DC 20460-0001. Such requests should: Identify the
product name and registration number and specify the data or
information desired.
    Electronic versions of the fact sheets and Biopesticides
Registration Action Documents are available at http://www.epa.gov/
oppbppd1/biopesticides/pips/pip_list.htm.

II. Description of New Active Ingredients

    EPA received applications from Monsanto Company, 800 North
Lindbergh Boulevard, St. Louis, MO 63167, to register pesticide
products (EPA File Symbols 524-LTL and 524-LTA) containing the active
ingredients, Bacillus thuringiensis Cry1A.105 and Cry2Ab2 proteins and
the genetic material necessary for their production (vector PV-ZMIR245)
in event MON 89034 corn (Office of Economic Cooperation and Development
(OECD)) Unique Identifier: MON-89034-3). At the time of submission of
the applications for registration, these active ingredients were not
contained in any pesticide products registered with the Agency.

III. Regulatory Conclusions

    A conditional registration may be granted under section 3(c)(7)(C)
of FIFRA for a new active ingredient where certain data are lacking, on
condition that such data are received by the end of the conditional
registration period and do not meet or exceed the risk criteria set
forth in 40 CFR 154.7; that use of the pesticide during the conditional
registration period will not cause unreasonable adverse effects; and
that use of the pesticide is in the public interest.
    The applications were approved on June 10, 2008 for MON 89034 (EPA
Registration Number 524-575) and MON 89034 x MON 88017 (EPA
Registration Number 524-576), both for use on corn. The Agency approved
the applications after considering data on risks associated with the
proposed use of the Bacillus thuringiensis Cry1A.105 and Cry2Ab2
proteins and the genetic material necessary for their production
(vector PV-ZMIR245) in event MON 89034 corn (OECD Unique Identifier:
MON-89034-3), and information on social, economic, and environmental
benefits to be derived from such use. Specifically, the Agency has
considered the nature of the plant-incorporated protectants and their
pattern of use, application methods and rates, and level and extent of
potential exposure. Based on these reviews, the Agency was able to make
basic health and safety determinations, which show that use of the
Bacillus thuringiensis Cry1A.105 and Cry2Ab2 proteins and the genetic
material necessary for their production (vector PV-ZMIR 245) in event
MON 89034 corn (OECD Unique Identifier: MON-89034-3) during the period
of conditional registration will not cause any unreasonable adverse
effect on the environment, and that use of the pesticides is in the
public interest.
    Consistent with section 3(c)(7)(C) of FIFRA, the Agency has
determined that these conditional registrations are in the public
interest. Use of the pesticides are of significance to the user
community, and appropriate labeling, use directions, and other measures
have been taken to ensure that use of the pesticides will not result in
unreasonable adverse effects to man and the environment.

IV. Missing Data and Conditions for Submission

A. MON 89034

    The following data/information must be submitted to the Agency to
support the registration of MON 89034:
    1. Insect Resistance Management: Simulation modeling, which
addresses the cross-resistance of Cry1A.105, Cry1Fa, and Cry1Ac in the
cotton-growing landscape and how such cross-resistance may impact the
durability of MON 89034, must be submitted by April 1, 2009 (protocol
due by August 1, 2008).
    2. Insect Resistance Management: A copy of the MON 89034 grower
agreement and associated stewardship documents must be submitted within
90 days of the date of registration.
    3. Insect Resistance Management: A written description of a system,
which assures that growers will sign grower agreements and persons
purchasing MON 89034 will annually affirm that they are contractually
bound to comply with the requirements of the insect resistance
management program, must be submitted by August 1, 2008.
    4. Insect Resistance Management: A description of the compliance
assurance program for MON 89034 must be submitted within 90 days of the
date of registration.
    5. Insect Resistance Management: Annual reports, which focus
specifically on annual sales, grower agreements, grower education,
compliance assurance program activities, and compliance survey results
for MON 89034, must be submitted by January 31st of each year,
beginning in 2010.
    6. Insect Resistance Management: An annual report, summarizing
insect resistance monitoring results for MON 89034, must be submitted
by August 31st of each year, beginning in 2010.

B. MON 89034 x MON 88017

    The following data/information must be submitted to the Agency to
support the registration of MON 89034 x MON 88017:
    1. Insect Resistance Management: A copy of the MON 89034 x MON
88017 grower agreement and associated stewardship documents must be
submitted within 90 days of the date of registration.
    2. Insect Resistance Management: A written description of a system,
which assures that growers will sign grower agreements and persons
purchasing MON 89034 x MON 88017 will annually affirm that they are
contractually bound to comply with the requirements of the insect
resistance management program, must be submitted by August 1, 2008.

    3. Insect Resistance Management: A description of the compliance
assurance program for MON 89034 x MON 88017 must be submitted within 90
days of the date of registration.
    4. Insect Resistance Management: A revised Cry3Bb1 monitoring plan,
incorporating MON 89034 x MON 88017, must be submitted within 90 days
of the date of registration.
    5. Insect Resistance Management: For the Cry3Bb1 portion of the
product, a discriminating or diagnostic dose assay must be developed,
validated, and submitted by January 31, 2010.
    6. Insect Resistance Management: For the Cry3Bb1 portion of the
product, rootworm damage guidelines must be finalized and submitted by
January 31, 2010.
    7. Insect Resistance Management: Annual reports, which focus
specifically on annual sales, grower agreements, grower education,
compliance assurance program activities, and compliance survey results
for MON 89034 x MON 88017 must be submitted by January 31st of each
year, beginning in 2010.
    8. Insect Resistance Management: An annual report, summarizing
insect resistance monitoring results for MON 89034 x MON 88017, must be
submitted by August 31st of each year, beginning in 2010.

C. MON 89034 and MON 89034 x MON 88017

    The following data/information must be submitted to the Agency to
support the registrations of both MON 89034 and MON 89034 x MON 88017:
    1. Residue Analytical Method (Plants): An independent laboratory
validation of the analytical method for the detection of Cry2Ab2 and/or
Cry1A.105 must be submitted by April 1, 2009.
    2. Aquatic Invertebrate Acute Toxicity Testing (Freshwater
Daphnids): A 7 - to 14-day Daphnia study must be performed (as per the
885 Office of Chemical Safety and Pollution Prevention (OCSPP)
Harmonized Guidelines)) and submitted by April 1, 2009. Alternatively,
a dietary study of the effects on an aquatic invertebrate, representing
the functional group of a leaf shredder in headwater streams, can be
performed and submitted in lieu of the Daphnia study.
    3. Insect Resistance Management: Additional information on cross-
resistance of Cry1A.105, Cry1Fa, and Cry1Ac (preferably including
binding site models and use of resistant colonies) for the target pests
and how such cross-resistance may impact the durability of MON 89034
must be submitted by April 1, 2009 (protocol due by August 1, 2008).
    4. Insect Resistance Management: Baseline susceptibility studies
and/or a discriminating concentration assay for the Cry1A.105 protein
againstEuropean corn borer, southwestern corn borer, and corn earworm
and for the Cry2Ab2 protein against southwestern corn borer and corn
earworm must be submitted by April 1, 2009.
    5. Insect Resistance Management: To support sweet corn uses,
baseline susceptibility studies must be conducted on fall armyworm
populations collected from sweet corn-growing areas and submitted by
April 1, 2010.

V. Response to Comments

    EPA published a notice of receipt in the Federal Register of July
25, 2007 (72 FR 40876) (FRL-8129-7), which announced that Monsanto
Company had submitted applications to register pesticide products
containing the new active ingredients, Bacillus thuringiensis Cry1A.105
and Cry2Ab2 proteins and the genetic material necessary for their
production (vector PV-ZMIR245) in event MON 89034 corn (OECD Unique
Identifier: MON-89034-3), for use on corn. Eight comments were received
in response to the notice of receipt. One comment opposed granting
Monsanto Company rights to produce, sell, or manufacture pesticide
products containing the aforementioned active ingredients, but no
scientific basis was provided to support this position. In general, the
other seven comments expressed support for the applications from
Monsanto Company. Ultimately, none of the eight comments affected the
Agency's review or consideration of the applications, or the
conclusions the Agency arrived at as a result of such review and
consideration. Pursuant to its authority under FIFRA, the Agency
conducted a rigorous and comprehensive assessment of the new active
ingredients, along with their associated pesticide products, and
concluded that use of the pesticides during the conditional
registration period will not cause unreasonable adverse effects to
human health or the environment and that use of the pesticides is in
the public interest.

List of Subjects

    Environmental protection, Chemicals, Pests and pesticides.

    Dated: June 15, 2010.
W. Michael McDavit,
Acting Director, Biopesticides and Pollution Prevention Division,
Office of Pesticide Programs.

[FR Doc. 2010-15207 Filed 6-22-10; 8:45 am]
BILLING CODE 6560-50-S


[Federal Register Volume 84, Number 115 (Friday, June 14, 2019)]
[Notices]
[Page 27788]
[FR Doc No: 2019-12560]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2019-N-0163]

Hospira, Inc., et al.; Withdrawal of Approval of 12 Abbreviated
New Drug Applications

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA or Agency) is
withdrawing approval of 12 abbreviated new drug applications (ANDAs)
from multiple applicants. The applicants notified the Agency in writing
that the drug products were no longer marketed and requested that the
approval of the applications be withdrawn.

DATES: Approval is withdrawn as of July 15, 2019.

FOR FURTHER INFORMATION CONTACT: Trang Tran, Center for Drug Evaluation
and Research, Food and Drug Administration, 10903 New Hampshire Ave.,
Bldg. 75, Rm. 1671, Silver Spring, MD 20993-0002,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The applicants listed in the table have
informed FDA that these drug products are no longer marketed and have
requested that FDA withdraw approval of the applications under the
process described in Sec.  314.150(c) (21 CFR 314.150(c)). The
applicants have also, by their requests, waived their opportunity for a
hearing. Withdrawal of approval of an application or abbreviated
application under Sec.  314.150(c) is without prejudice to refiling.

------------------------------------------------------------------------
      Application No.                Drug                Applicant
------------------------------------------------------------------------
ANDA 040664...............  A-Methapred            Hospira, Inc., 275
                             (methylprednisolone    North Field Dr.,
                             sodium succinate)      Building H1, Lake
                             for Injection USP,     Forest, IL 60045.
                             Equivalent to (EQ)
                             40 milligrams (mg)
                             base/vial.
ANDA 040665...............  A-Methapred            Do.
                             (methylprednisolone
                             sodium succinate)
                             for Injection USP,
                             EQ 125 mg base/vial.
ANDA 060462...............  Garamycin (gentamicin  Schering Corp., 2000
                             sulfate) Cream USP,    Galloping Hill Rd.,
                             EQ 0.1% base.          Kenilworth, NJ
                                                    07033.
ANDA 061533...............  Mycostatin (nystatin)  Bristol-Myers Squibb
                             Oral Suspension USP,   Co., P.O. Box 4500,
                             100,000 units/         Princeton, NJ 08543.
                             milliliter (mL).
ANDA 071051...............  Astramorph/PF          Fresenius Kabi USA,
                             (morphine sulfate)     LLC, Three Corporate
                             Injection USP, 0.5     Dr., Lake Zurich, IL
                             mg/mL.                 60047.
ANDA 071052...............  Astramorph/PF          Do.
                             (morphine sulfate)
                             Injection USP, 1 mg/
                             mL.
ANDA 071053...............  Astramorph/PF          Do.
                             (morphine sulfate)
                             Injection USP, 1 mg/
                             mL.
ANDA 075656...............  Morphine Sulfate       Watson Laboratories,
                             Extended-Release       Inc., Subsidiary of
                             Tablets, 100 mg.       Teva Pharmaceuticals
                                                    USA, Inc., 425
                                                    Privet Rd., Horsham,
                                                    PA 19044.
ANDA 078815...............  Oxaliplatin for        Hospira, Inc.
                             Injection, 50 mg/
                             vial and 100 mg/vial.
ANDA 088119...............  Isoniazid Tablets      Duramed
                             USP, 300 mg.           Pharmaceuticals,
                                                    Inc., Subsidiary of
                                                    Teva Pharmaceuticals
                                                    USA, Inc., 400
                                                    Interpace Pky.,
                                                    Morris Corporate
                                                    Center III,
                                                    Parsippany, NJ
                                                    07054.
ANDA 088231...............  Isoniazid Tablets      Do.
                             USP, 100 mg.
ANDA 091597...............  Gemcitabine for        Sagent
                             Injection USP, EQ      Pharmaceuticals,
                             200 mg base/vial and   Inc., 1901 North
                             EQ 1 gram base/vial.   Roselle Rd., Suite
                                                    450, Schaumburg, IL
                                                    60195.
------------------------------------------------------------------------

    Therefore, approval of the applications listed in the table, and
all amendments and supplements thereto, is hereby withdrawn as of July
15, 2019. Approval of each entire application is withdrawn, including
any strengths or products inadvertently missing from the table.
Introduction or delivery for introduction into interstate commerce of
products without approved new drug applications violates section 301(a)
and (d) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331(a)
and (d)). Drug products that are listed in the table that are in
inventory on July 15, 2019, may continue to be dispensed until the
inventories have been depleted or the drug products have reached their
expiration dates or otherwise become violative, whichever occurs first.

    Dated: June 10, 2019.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2019-12560 Filed 6-13-19; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 78, Number 59 (Wednesday, March 27, 2013)]
[Rules and Regulations]
[Page 18479]
[FR Doc No: 2013-06985]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2013-0159]

Drawbridge Operation Regulations; Pass Manchac, LA

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulation.

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SUMMARY: The Coast Guard has issued a temporary deviation from the
regulation governing the operation of the Canadian National (CN)
Railroad automated bascule span drawbridge across Pass Manchac, mile
6.7, at Manchac, between St. John and Tangipahoa Parishes, Louisiana.
The deviation is necessary to upgrade the electrical drive system and
replace the seals on the gear drive unit that operates the bridge. This
deviation allows the bridge to remain closed to navigation for six
hours on two consecutive days.

DATES: This deviation is effective from 8 a.m. on April 10, 2013, until
2 p.m. April 11, 2013.

ADDRESSES: The docket for this deviation, [USCG-2013-0159] is available
at http://www.regulations.gov. Type the docket number in the ``SEARCH''
box and click ``SEARCH.'' Click on Open Docket Folder on the line
associated with this deviation. You may also visit the Docket
Management Facility in Room W12-140 on the ground floor of the
Department of Transportation West Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email Jim Wetherington, Bridge Branch
Office, Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>If you have questions on viewing the
docket, call Barbara Hairston, Program Manager, Docket Operations,
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The CN Railroad has requested a temporary
deviation from the operating schedule for the automated bascule Span
Bridge across Pass Manchac, mile 6.7, at Manchac, between St. John and
Tangipahoa Parishes, Louisiana. The bridge has a vertical clearance of
eight feet above mean high water, elevation 1.82 feet above Mean Sea
Level in the closed-to-navigation position. Vessels requiring a
clearance of less than eight feet may transit beneath the bridge during
maintenance operations.
    In accordance with 33 CFR 117.484, the bridge is not tended and is
therefore automated. These operations are described in 33 CFR 117.484.
Currently, the bridge remains open until the passage of a train at
which time it closes to allow the train to pass. This deviation allows
the bridge to remain closed to navigation from 8 a.m. until 2 p.m. on
both Wednesday, April 10, 2013, and Thursday, April 11, 2013. At all
other times, the bridge will operate in accordance with 33 CFR 117.484.
    The closure is necessary to upgrade the electrical drive system and
replace the seals on the gear drive unit that operates the bridge. This
work is essential for the continued operation of the bridge. Notices
will be published in the Eighth Coast Guard District Local Notice to
Mariners and will be broadcast via the Coast Guard Broadcast Notice to
Mariners System.
    Navigation on the waterway consists of small tugs with and without
tows, commercial vessels, and recreational craft, including sailboats.
Coordination between the Coast Guard and the waterway users determined
that there should not be any significant effects on these vessels. The
bridge will be unable to open during these repairs and no alternate
route is available.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the designated
time period. This deviation from the operating regulations is
authorized under 33 CFR 117.35.

    Dated: March 14, 2013.
David M. Frank,
Bridge Administrator.
[FR Doc. 2013-06985 Filed 3-26-13; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 87, Number 158 (Wednesday, August 17, 2022)]
[Notices]
[Pages 50623-50624]
[FR Doc No: 2022-17693]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EF22-2-000]

Western Area Power Administration; Notice of Filing

    Take notice that on July 27, 2022, Western Area Power
Administration submitted tariff filing: SNR_Washoe_WAPA201-20220608 to
be effective 10/1/2022.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission strongly encourages electronic filings of comments,
protests

and interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically may mail similar
pleadings to the Federal Energy Regulatory Commission, 888 First Street
NE, Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://ferc.gov) using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at [email protected] or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on September 9, 2022.

    Dated: August 10, 2022.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2022-17693 Filed 8-16-22; 8:45 am]
BILLING CODE 6717-01-P