[Federal Register Volume 77, Number 79 (Tuesday, April 24, 2012)]
[Proposed Rules]
[Pages 24451-24452]
[FR Doc No: 2012-9722]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R05-OAR-2012-0086; FRL-9663-3]

Direct Final Approval of Hospital/Medical/Infectious Waste
Incinerators State Plan for Designated Facilities and Pollutants:
Indiana

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve, through direct final rulemaking,
Indiana's revised State Plan to control air pollutants from Hazardous/
Medical/Infectious Waste Incinerators (HMIWI). The Indiana Department
of Environmental Management submitted the revised State Plan on
December 19, 2011, following the required public process. The revised
State Plan is consistent with Emission Guidelines promulgated by EPA on
October 6, 2009. This approval means that EPA finds that the revised
State Plan meets applicable Clean Air Act requirements for subject
HMIWI units. Once effective, this approval also makes the revised State
Plan Federally enforceable.

DATES: Comments must be received on or before May 24, 2012.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2012-0086, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. Email<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: Carlton T. Nash, Chief, Toxics and Global Atmosphere
Section, Air Toxics and Assessment Branch (AT-18J), U.S. Environmental
Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery: Carlton T. Nash, Chief, Toxics and Global
Atmosphere Section, Air Toxics and Assessment Branch (AT-18J), U.S.
Environmental Protection Agency, 77 West Jackson Boulevard, Chicago,
Illinois 60604. Such deliveries are only accepted during the Regional
Office normal hours of operation, and special arrangements should be
made for deliveries of boxed information. The Regional Office official
hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m.
excluding Federal holidays.
    Please see the direct final rule which is located in the Rules
section of this Federal Register for detailed instructions on how to
submit comments.

FOR FURTHER INFORMATION CONTACT: Margaret Sieffert, Environmental
Engineer, Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard (AT-18J), Chicago, Illinois 60604,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In the Rules section of this Federal
Register, EPA is approving the State's submittal as a direct final rule
without prior proposal because the Agency views this as a
noncontroversial submittal and anticipates no adverse comments. A
detailed rationale for the approval is set forth in the direct final
rule. If no adverse comments are received in response to this rule, no
further activity is contemplated. If EPA receives adverse comments, the
direct final rule will be withdrawn and all public comments received
will be addressed in a subsequent final rule based on this proposed
rule. EPA will not institute a second comment period. Any parties
interested in commenting on this action should do so at this time.
Please note that if EPA receives adverse comment on an amendment,
paragraph, or section of this rule and if that provision may be severed
from the remainder of the rule, EPA may adopt as final those provisions
of the rule that are not the subject of an adverse comment. For
additional information, see the direct final rule which is located in
the Rules section of this Federal Register.

    Dated: April 9, 2012.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2012-9722 Filed 4-23-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: January 27, 2006 (Volume 71, Number 18)]
[Notices]
[Page 4580-4582]
[DOCID:fr27ja06-50]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2006-0053; FRL-7759-1]

Notice of Filing of a Pesticide Petition for the Amendment of a
Regulation for the Insecticide Imidacloprid and Its Metabolites in or
on Oats and Rye Commodities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: This notice announces the initial filing of a pesticide
petition proposing the amendment of a regulation for residues of the
insecticide imidacloprid (1-[(6-chloro-3-pyridinyl)methyl]-N-nitro-2-
imidazolidinimine) and its metabolites containing the 6-chloropyridinyl
moiety, all expressed as 1-[(6-chloro-3-pyridinyl)methyl]-N-nitro-2-
imidazolidinimine in or on oats and rye commodities.

DATES: Comments must be received on or before February 27, 2006.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2006-0053 and pesticide petition number (PP)
5F7020, by one of the following methods:
     http://www.regulations.gov/. Follow the on-line

instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>     Mail: Public Information and Records Integrity Branch
(PIRIB) (7502C), Office of Pesticide Programs (OPP), Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001.
     Hand Delivery: Public Information and Records Integrity
Branch (PIRIB) (7502C), Office of Pesticide Programs (OPP),
Environmental Protection Agency, Rm. 119, Crystal Mall 2, 1801
S. Bell St., Arlington, VA, Attention: Docket ID numberEPA-HQ-OPP-2006-
0053. The docket facility is open from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal holidays. The telephone number for the
docket facility is<PHONE_NUMBER>. 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 number EPA-HQ-OPP-
2004-0539. EPA's policy is that all comments received will be included
in the public docket without change and may be made available on-line
at http://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 http://www.regulations.gov

or e-mail. The http://www.regulations.gov website 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 e-mail comment directly to EPA without going through
http://www.regulations.gov, your e-mail address will be captured automatically

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. For additional information about EPA's public docket, visit
the EPA Docket Center homepage athttp://www.epa.gov/epahome/docket.htm/.

    Docket: All documents in the docket are listed in the
http://www.regulation.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, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the Public Information and

Records Integrity Branch (PIRIB) (7502C), Office of Pesticide Programs
(OPP), Environmental Protection Agency, Rm. 119, Crystal Mall
2, 1801 S. Bell St., Arlington, VA. The docket facility is
open from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the docket facility is (703) 305-
5805.

FOR FURTHER INFORMATION CONTACT: Dan Kenny, Registration Division
(7505C), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001;<PHONE_NUMBER>;
e-mail<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. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
http://www.regulations.gov or e-mail. Clearly mark the part or all of the

information that you claim to be CBI. For CBI information in a disk or
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments,
remember to:
     Identify the document by docket ID number and other
identifying information (subject heading, Federal Register date and
page number).
     Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
     Explain why you agree or disagree; suggest alternatives
and substitute language for your requested changes.
     Describe any assumptions and provide any technical
information and/or data that you used.
     If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
     Provide specific examples to illustrate your concerns, and
suggest alternatives.
     Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
     Make sure to submit your comments by the comment period
deadline identified.

II. What Action is the Agency Taking?

    EPA is printing a summary of a pesticide petition received under
section 408 of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21
U.S.C. 346a, proposing the establishment or amendment of regulations in
40 CFR part 180 for residues of the insecticide imidacloprid (1-[(6-
chloro-3-pyridinyl)methyl]-N-nitro-2-imidazolidinimine) and its
metabolites containing the 6-chloropyridinyl moiety, all expressed as
1-[(6-chloro-3-pyridinyl)methyl]-N-nitro-2-imidazolidinimine in or on
oats and rye commodities. EPA has determined that this pesticide
petition contains data or information regarding the elements set forth
in FFDCA section 408(d)(2); however, EPA has not fully evaluated the
sufficiency of the submitted data at this time or whether the data
support granting of the pesticide petition. Additional data may be
needed before EPA rules on this pesticide petition.
    Pursuant to 40 CFR 180.7(f), a summary of the petition prepared by
the petitioner along with a description of the analytical method
available for the detection and measurement of the pesticide chemical
residues is available on EPA's Electronic Docket at http://www.regulations.gov/.
 To locate this information on the home page of

EPA's Electronic Docket, select ``Quick Search'' and type OPP docket ID
number ``EPA-HQ-OPP-2006-0539.'' Once the search has located the
docket, clicking on the ``Docket ID'' will bring up a list of all
documents in the docket for the pesticide including the petition
summary.

Amendment to Existing Tolerance

    PP 5F7020. Bayer CropScience, 2 T.W. Alexander Drive, Research
Triangle Park, NC 27709, proposes to amend the tolerances in 40 CFR
180.472 for residues of the insecticide imidacloprid (1-[(6-chloro-3-
pyridinyl)methyl]-N-nitro-2-imidazolidinimine) and its metabolites
containing the 6-chloropyridinyl moiety, all expressed as 1-[(6-chloro-
3-pyridinyl)methyl]-N-nitro-2-imidazolidinimine in or on the food
commodities oats, forage at 2.0 parts per million (ppm); oats, grain at
0.5 ppm; oats, hay at 6.0 ppm; oats, straw at 3.0 ppm; rye, forage at
2.0 ppm; rye, grain at 0.5 ppm; rye, hay at 6.0 ppm; and rye, straw at
3.0 ppm. The analytical method for determining residues is the
conversion to 6-CAN and derivatization before injection onto a gas
chromatograph equipped with mass selective detection. The limit of
quantitation is 0.05 ppm.

List of Subjects

    Environmental protection, Agricultural commodities, Feed additives,
Food additives, Pesticides and pests, Reporting and recordkeeping
requirements.

    Dated: January 20, 2006.
Donald R. Stubbs,
Acting Director, Registration Division, Office of Pesticide Programs.

[FR Doc. E6-1044 Filed 1-26-06; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 87, Number 157 (Tuesday, August 16, 2022)]
[Notices]
[Page 50345]
[FR Doc No: 2022-17540]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4539-DR; Docket ID FEMA-2022-0001]

Washington; Amendment No. 3 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Washington (FEMA-4539-DR), dated April 23, 2020, and
related determinations.

DATES: This change occurred on July 8, 2022.

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: The Federal Emergency Management Agency
(FEMA) hereby gives notice that pursuant to the authority vested in the
Administrator, under Executive Order 12148, as amended, David R.
Gervino, of FEMA is appointed to act as the Federal Coordinating
Officer for this disaster.
    This action terminates the appointment of Toney L. Raines as
Federal Coordinating Officer for this disaster.
    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.

Deanne Criswell,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2022-17540 Filed 8-15-22; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 85, Number 170 (Tuesday, September 1, 2020)]
[Notices]
[Page 54385]
[FR Doc No: 2020-19256]

=======================================================================
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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2017-N-1064]

Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; State Petitions for
Exemption From Preemption

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing that a
proposed collection of information has been submitted to the Office of
Management and Budget (OMB) for review and clearance under the
Paperwork Reduction Act of 1995.

DATES: Submit written comments (including recommendations) on the
collection of information by October 1, 2020.

ADDRESSES: To ensure that comments on the information collection are
received, OMB recommends that written comments be submitted to https://www.reginfo.gov/public/do/PRAMain. Find this particular information
collection by selecting ``Currently under Review--Open for Public
Comments'' or by using the search function. The OMB control number for
this information collection is 0910-0277. Also include the FDA docket
number found in brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT: Domini Bean, Office of Operations,
Food and Drug Administration, Three White Flint North, 10A-12M, 11601
Landsdown St., North Bethesda, MD 20852,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has
submitted the following proposed collection of information to OMB for
review and clearance.

State Petitions for Exemption From Preemption--21 CFR 100.1(d)

OMB Control Number 0910-0277--Extension

    Under section 403A(b) of the Federal Food, Drug, and Cosmetic Act
(FD&C Act) (21 U.S.C. 343-1(b)), States may petition FDA for exemption
from Federal preemption of State food labeling and standard-of-identity
requirements. Section 100.1(d) (21 CFR 100.1(d)) sets forth the
information a State is required to submit in such a petition. The
information required under Sec.  100.1(d) enables FDA to determine
whether the State food labeling or standard-of-identity requirement
satisfies the criteria of section 403A(b) of the FD&C Act for granting
exemption from Federal preemption.
    Description of Respondents: The respondents to this collection of
information are State and local governments who regulate food labeling
and standards of identity.
    In the Federal Register of May 22, 2020 (85 FR 31190), we published
a 60-day notice requesting public comment on the proposed collection of
information. No comments were received.
    We estimate the burden of this collection of information as
follows:

                                                     Table 1--Estimated Annual Reporting Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Number of
                           21 CFR section                               Number of      responses per     Total annual   Average  burden    Total hours
                                                                       respondents       respondent       responses      per  response
--------------------------------------------------------------------------------------------------------------------------------------------------------
100.1(d)...........................................................               1                1                1               40               40
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

    The reporting burden for Sec.  100.1(d) is minimal because
petitions for exemption from preemption are seldom submitted by States.
In the last 3 years, we have received one new petition for exemption
from preemption; therefore, we estimate that one or fewer petitions
will be submitted annually.
    Based on a review of the information collection since our last
request for OMB approval, we have made no adjustments to our burden
estimate.

    Dated: August 27, 2020.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2020-19256 Filed 8-31-20; 8:45 am]
BILLING CODE 4164-01-Ps


[Federal Register: January 15, 2009 (Volume 74, Number 10)]
[Notices]
[Page 2585-2586]
[DOCID:fr15ja09-96]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PR09-10-000]

Michigan Consolidated Gas Company; Notice of Petition for Rate
Approval

January 9, 2009.
    Take notice that on December 23, 2008, Michigan Consolidated Gas
Company (MichCon) filed a petition for rate approval pursuant to
Section 284.123(b)(2) of the Commission's Regulations for authorization
to charge market-based rates for the interstate storage and storage-
related services MichCon provides under its Order No. 63 blanket
certificate.

    MichCon requests approval of its proposed rates as being fair and
equitable on the basis of a showing that it lacks market power and that
competitive forces will constrain the rates it charges.
    MichCon states that it is a Hinshaw pipeline, within the meaning of
Section 1(c) of the Natural Gas Act, and that it has been granted an
Order No. 63 blanket certificate to provide interstate transportation
and storage services. MichCon proposes to make its market-based rates
effective as of December 23, 2008.
    Any person desiring to participate in this rate proceeding must
file a motion to intervene or to protest this filing in accordance with
Rules 211 and 214 of the Commission's Rules of Practice and Procedure
(18 CFR 385.211 and 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 date as indicated below. Anyone filing an
intervention or protest must serve a copy of that document on the
Applicant. Anyone filing an intervention or protest on or before the
intervention or protest date need not serve motions to intervene or
protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://
www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Wednesday, January 21, 2009.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-745 Filed 1-14-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 127 (Wednesday, July 5, 2023)]
[Notices]
[Pages 42932-42933]
[FR Doc No: 2023-14170]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER23-2272-000]

DRW Energy Trading 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
DRW Energy Trading 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 July 18, 2023.
    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 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://www.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>.
    The Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including landowners,
environmental justice communities, Tribal members and others, access
publicly available information and navigate Commission processes. For
public inquiries and assistance with making filings such as
interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at<PHONE_NUMBER> or [email protected].

    Dated: June 28, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-14170 Filed 7-3-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 84, Number 88 (Tuesday, May 7, 2019)]
[Notices]
[Page 19986]
[FR Doc No: 2019-09391]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meetings

TIME AND DATE: 2:00 p.m. on Thursday, May 9, 2019.

PLACE: The meeting will be held at the Commission's headquarters, 100 F
Street NE, Washington, DC 20549.

STATUS:  This meeting will be closed to the public.

MATTERS TO BE CONSIDERED: Commissioners, Counsel to the Commissioners,
the Secretary to the Commission, and recording secretaries will attend
the closed meeting. Certain staff members who have an interest in the
matters also may be present.
    The General Counsel of the Commission, or his designee, has
certified that, in his opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(3), (5), (6), (7), (8), 9(B) and (10) and 17 CFR
200.402(a)(3), (a)(5), (a)(6), (a)(7), (a)(8), (a)(9)(ii) and (a)(10),
permit consideration of the scheduled matters at the closed meeting.
    Commissioner Roisman, as duty officer, voted to consider the items
listed for the closed meeting in closed session.
    The subject matters of the closed meeting will be:
    Institution and settlement of injunctive actions;
    Institution and settlement of administrative proceedings;
    Resolution of litigation claims; and
    Other matters relating to enforcement proceedings.
    At times, changes in Commission priorities require alterations in
the scheduling of meeting items.

CONTACT PERSON FOR MORE INFORMATION: For further information and to
ascertain what, if any, matters have been added, deleted or postponed;
please contact Vanessa A. Countryman from the Office of the Secretary
at<PHONE_NUMBER>.

    Dated: May 2, 2019.
Vanessa A. Countryman,
Acting Secretary.
[FR Doc. 2019-09391 Filed 5-3-19; 11:15 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 64 (Friday, April 3, 2015)]
[Notices]
[Pages 18270-18272]
[FR Doc No: 2015-07619]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74604; File No. SR-NYSEArca-2015-20]

Self-Regulatory Organizations; Proposed Rule Chanages; NYSE Arca,
Inc.

 March 30, 2015.
    Pursuant to section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the

``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby given that,
on March 18, 2015, NYSE Arca, Inc. (the ``Exchange'' or ``NYSE Arca'')
filed with the Securities and Exchange Commission (the ``Commission'')
the proposed rule change as described in Items I 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.
---------------------------------------------------------------------------

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

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

    The Exchange proposes to amend its Schedule of Fees and Charges for
Exchange Services (``Fee Schedule'') to specify that affiliated
Exchange ETP Holders (or ``members'') may request that the Exchange
aggregate its eligible activity with activity of the ETP Holder's
affiliates for purposes of charges or credits based on volume. The text
of the proposed rule change is available on the Exchange's Web site at
www.nyse.com, at the principal office of the Exchange, and at the
Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend its Fee Schedule to specify that
affiliated ETP Holders may request that the Exchange aggregate their
eligible activity with activity of its ETP Holder affiliates for
purposes of charges or credits based on volume. The proposed rule
change is based on NASDAQ Stock Market LLC (``NASDAQ'') Rule 7027,
NASDAQ Options Market LLC (``NOM'') Rules at chapter XV, and the NASDAQ
OMX PHLX LLC (``PHLX'') Pricing Schedule.\4\
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    \4\ Effective December 1, 2014, NASDAQ amended Rule 7027 to
harmonize the treatment of aggregation of affiliate activity of
affiliated members to be consistent with the rules governing NOM and
PHLX. See Securities Exchange Act Release No. 72966 (Sept. 3, 2014),
79 FR 53473 (Sept. 9, 2014) (SR-NASDAQ-2014-083). NOM and PHLX also
amended their respective rules to harmonize the process by which it
collects information from its members for purposes of aggregating
member activity between its equity and options markets. See
Securities Exchange Act Release Nos. 72967 (Sept. 2, 2014), 79 FR
53471 (Sept. 9, 2014) (SR-NASDAQ-2014-082) and 72969 (Sept. 3,
2014), 79 FR 53485 (Sept. 9, 2014) (SR-PHLX-2014-56).
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    As proposed, for purposes of applying any provision of the
Exchange's Price List where the charge assessed, or credit provided, by
the Exchange depends on the volume of a member organization's activity,
an ETP Holder may request that the Exchange aggregate its eligible
activity with activity of such ETP Holder's affiliates.\5\ The Exchange
further proposes that an ETP Holder requesting aggregation of eligible
affiliate activity would be required to (1) certify to the Exchange the
affiliate status of ETP Holders whose activity it seeks to aggregate
prior to receiving approval for aggregation, and (2) inform the
Exchange immediately of any event that causes an entity to cease being
an affiliate. The Exchange would review available information regarding
the entities and reserves the right to request additional information
to verify the affiliate status of an entity. As further proposed, the
Exchange would approve a request, unless it determines that the
certificate is not accurate.\6\
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    \5\ See Exhibit 5 for proposed language to be added to the Fee
Schedule. The Exchange notes that this language is similar to that
found in NASDAQ Rule 7027.
    \6\ See NASDAQ Rule 7027(a)(1).
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    The Exchange also proposes that if two or more ETP Holders become
affiliated on or prior to the sixteenth day of a month, and submit the
required request for aggregation on or prior to the twenty-second day
of the month, an approval of the request would be deemed to be
effective as of the first day of that month. If two or more ETP Holders
become affiliated after the sixteenth day of a month, or submit a
request for aggregation after the twenty-second day of the month, an
approval of the request would be deemed to be effective as of the first
day of the next calendar month.\7\ The Exchange believes that this
requirement, which is also similar to requirements of other
exchanges,\8\ would be a fair and objective way to apply the
aggregation rule to fees and streamline the billing process.
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    \7\ See NASDAQ Rule 7027(a)(2).
    \8\ See supra note 7.
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    The Exchange further proposes to provide that for purposes of
applying any provision of the Price List where the charge assessed, or
credit provided, by the Exchange depends upon the volume of a ETP
Holder's activity, references to an entity would be deemed to include
the entity and its affiliates that have been approved for
aggregation.\9\ In addition, the Exchange proposes to provide that ETP
Holders may not aggregate volume where the Price List specifies that
aggregation is not permitted.\10\
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    \9\ See supra note 5.
    \10\ For example, the Price List specifies whether quoting and
trading activity relating to Supplemental Liquidity Provider
activity may be aggregated.
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    Finally, the Exchange proposes that for purposes of the Fee
Schedule, the term ``affiliate'' would mean any member organization
under 75% common ownership or control of that member organization.\11\
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    \11\ See supra note 5.
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with section 6(b) of the Act,\12\ in general, and furthers the
objectives of sections 6(b)(4) and 6(b)(5) of the Act,\13\ in
particular, because it provides for the equitable allocation of
reasonable dues, fees, and other charges among ETP Holders and issuers
and other persons using any facility or system with the Exchange
operates or controls and because it is designed to prevent fraudulent
and manipulative acts and practices, promote just and equitable
principles of trade, remove impediments to and perfect the mechanism of
a free and open market and a national market system, and protect
investors and the public interest.
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    \12\ 15 U.S.C. 78f(b).
    \13\ 15 U.S.C. 78f(b)(4) and (5).
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    The Exchange further believes that the proposed rule change is
reasonable because it establishes a manner for the Exchange to treat
affiliated ETP Holders for purposes of assessing charges or credits
that are based on volume. The provision is equitable because all ETP
Holders seeking to aggregate their activity are subject to the same
parameters, in accordance with a standard that recognizes an
affiliation as of the month's beginning or close in time to when the
affiliation occurs, provided the member organization submits a timely
request. Moreover, the proposed billing aggregation language, which
would lower the Exchange's administrative burden, is substantially

similar to aggregation language adopted by other exchanges.\14\
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    \14\ See supra note 4.
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    The Exchange further notes that the proposal would serve to reduce
disparity of treatment between ETP Holders with regard to the pricing
of different services and reduce any potential for confusion on how
activity can be aggregated. The Exchange believes that the proposed
rule change avoids disparate treatment of ETP Holders that have divided
their various business activities between separate corporate entities
as compared to ETP Holders that operate those business activities
within a single corporate entity. The Exchange further notes that the
proposed rule change is reasonable and is designed to remove
impediments to and perfect the mechanism of a free and open market by
harmonizing the manner by which the Exchanges permits ETP Holders to
aggregate volume with other exchanges. In particular, the Exchange
notes that NASDAQ, PHLX and BX all have the same standard that the
Exchange is proposing to adopt.

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

    In accordance with section 6(b)(8) of the Act,\15\ the Exchange
does not believe that the proposed rule change will impose any burden
on intermarket or intramarket competition that is not necessary or
appropriate in furtherance of the purposes of the Act. As stated above,
the proposed rule change, which applies equally to all ETP Holders, is
intended to reduce the Exchange's administrative burden in applying
volume price discounts for firms which have requested aggregation with
that of an affiliate ETP Holder, and is substantially similar to rules
adopted by other exchanges. Because the market for order execution and
routing is extremely competitive, ETP Holders may readily opt to
disfavor the Exchange if they believe that alternatives offer them
better value. The Exchange does not believe the proposed changes will
impair the ability of ETP Holders or competing order execution venues
to maintain their competitive standing in the financial markets.
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    \15\ 15 U.S.C. 78f(b)(8).
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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 \16\ and Rule 19b-4(f)(6) thereunder.\17\
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.\18\
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    \16\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \17\ 17 CFR 240.19b-4(f)(6).
    \18\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
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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 to
determine whether the proposed rule change should be approved or
disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2015-20 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-NYSEArca-2015-20. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing will also 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-NYSEArca-2015-20 and should
be submitted on or before April 24, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\19\
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    \19\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2015-07619 Filed 4-2-15; 8:45 am]
 BILLING CODE 8011-01-P