[Federal Register Volume 88, Number 11 (Wednesday, January 18, 2023)]
[Rules and Regulations]
[Page 2813]
[FR Doc No: 2023-00139]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 21, 23, 25, 29, 33, 36, 47, 49, 60, 61, 67, 73, 91,
97, 101, 107, 121, 125, 129, 135, 141, 183, and 440

[Docket No. FAA-2022-1355; Amdt. Nos. 25-148, 33-35, 47-34, 73-9, 101-
11]
RIN 2120-AL53

Miscellaneous Amendments; Correction

AGENCY: Federal Aviation Administration (FAA), U.S. Department of
Transportation (DOT).

ACTION: Final rule; correction.

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SUMMARY: On December 9, 2022, the FAA published a final rule titled
``Miscellaneous Amendments''. That document made technical amendments
to various parts of the FAA's regulations, and inadvertently identified
the Amendment Nos. for certain parts of the CFR as 25-146, 33-1, 47-32,
73-1, and 101-9. The correct Amendment Nos. are 25-148, 33-35, 47-34,
73-9, and 101-11. This document makes those corrections.

DATES: Effective January 18, 2023.

FOR FURTHER INFORMATION CONTACT: Jesse Holston, Office of Rulemaking,
ARM-200, Federal Aviation Administration, 800 Independence Ave. SW,
Washington, DC 20591; telephone<PHONE_NUMBER>; email
[email protected].

SUPPLEMENTARY INFORMATION:

Electronic Access and Filing

    A copy of the Miscellaneous Amendments final rule may be viewed
online at https://www.regulations.gov using the docket number listed
above. A copy of this correction will be placed in the same docket.
Electronic retrieval help and guidelines are available on the website.
It is available 24 hours each day, 365 days each year. An electronic
copy of this document may also be downloaded from the Office of the
Federal Register's website at https://www.federalregister.gov and the
Government Publishing Office's website at https://www.govinfo.gov. A
copy may also be found at the FAA's Regulations and Policies website at
https://www.faa.gov/regulations_policies.
    Copies may also be obtained by sending a request to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue SW, Washington, DC 20591, or by calling<PHONE_NUMBER>.
Commenters must identify the docket or notice number of this
rulemaking.
    All documents the FAA considered in developing this correction,
including economic analyses and technical reports, may be accessed in
the electronic docket for this rulemaking.

Background

    On December 9, 2022, the Miscellaneous Amendments final rule (RIN
2120-AL53) published in the Federal Register at 87 FR 75704. After
publication, the FAA discovered that it inadvertently identified the
Amendment Nos. for parts 25, 33, 47, 73, and 101 as 25-146, 33-1, 47-
32, 73-1, and 101-9. The correct Amendment Nos. are 25-148, 33-35, 47-
34, 73-9, and 101-11. This document makes those corrections.

Correction

    In FR Doc. 2022-23327, beginning on page 75704, in the Federal
Register of December 9, 2022, make the following correction in the
header of the document. On page 75704, in the first column, in the
header of the document, the listing of docket number and amendment nos.
is corrected to read as follows:
    [Docket No. FAA-2022-1355; Amdt. Nos. 21-106, 23-65, 25-148, 29-58,
33-35, 36-32, 47-34, 49-11, 60-7, 61-151, 67-22, 73-9, 91-366, 97-1339,
101-11, 107-10, 121-387, 125-72, 129-54, 135-143, 141-24, 183-18, 440-
6]

    Issued under authority provided by 49 U.S.C. 106(f), 44701(a),
and 44703 in Washington, DC, on 3 January, 2023.
Brandon Roberts,
Executive Director, Office of Rulemaking.
[FR Doc. 2023-00139 Filed 1-17-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: August 10, 2009 (Volume 74, Number 152)]
[Notices]
[Page 39981]
[DOCID:fr10au09-66]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meeting

    Notice is hereby given, pursuant to the provisions of the
Government in the Sunshine Act, Public Law 94-409, that the Securities
and Exchange Commission will hold a Closed Meeting on Thursday, August
13, 2009 at 1 p.m.
    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), (7), 9(B) and (10) and 17 CFR
200.402(a)(3), (5), (7), 9(ii) and (10), permit consideration of the
scheduled matters at the Closed Meeting.
    Commissioner Paredes, as duty officer, voted to consider the items
listed for the Closed Meeting in a closed session.
    The subject matter of the Closed Meeting scheduled for Thursday,
August 13, 2009 will be:
Institution and settlement of injunctive actions;
institution and settlement of administrative proceedings;
adjudicatory matters; and
other matters relating to enforcement proceedings.

    At times, changes in Commission priorities require alterations in
the scheduling of meeting items.
    For further information and to ascertain what, if any, matters have
been added, deleted or postponed, please contact:
    The Office of the Secretary at<PHONE_NUMBER>.

    Dated: August 6, 2009.
Elizabeth M. Murphy,
Secretary.
[FR Doc. E9-19234 Filed 8-6-09; 4:15 pm]

BILLING CODE 8010-01-P


[Federal Register Volume 86, Number 67 (Friday, April 9, 2021)]
[Rules and Regulations]
[Pages 18449-18451]
[FR Doc No: 2021-07297]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2021-0167]
RIN 1625-AA00

Safety Zone; Southwest Shelter Island Channel Entrance Closure,
San Diego, CA

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone
covering the channel closure for the Southwest Shelter Island Channel
Entrance. The safety zone is needed to protect personnel, vessels, and
the marine environment from potential hazards created by the California
Department of Fish and Wildlife (CDFW) Oil Spill Prevention and
Response (OSPR) Sensitive Site Strategy Evaluation Program (SSSEP) boom
deployment exercise. Entry of vessels or persons into this zone is
prohibited unless specifically authorized by the Captain of the Port
Sector San Diego.

DATES: This rule is effective from 8:30 a.m. until 10:30 a.m. on April
27, 2021.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0167 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LT John Santorum, Waterways Management, U.S. Coast Guard
Sector San Diego, Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because an NPRM would be impracticable. The
Coast Guard did not receive the details of the Sensitive Site Strategy
Evaluation Program boom deployment exercise with enough time to solicit
and respond to public comments on an NPRM. As such, the channel closure
on April 27, 2021 would occur before an NPRM and final rule could be
issued.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be contrary to the public interest, because action is
necessary to protect personel, vessels, and the marine environment from
the dangers associated with the CDFW OSPR SSSEP boom deployment
exercise on April 27, 2021.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Sector San
Diego (COTP) has determined that potential hazards associated with the
CDFW OSPR SSSEP boom deployment exercise will be a safety concern to
anyone seeking access to the Southwest Shelter Island Channel Entrance.
This temporary safety zone is therefore needed to protect personnel,
vessels, and the marine environment in the navigable waters within the
safety zone while the exercise is ongoing.

IV. Discussion of the Rule

    This rule establishes a safety zone from 8:30 a.m. until 10:30 a.m.
on April 27, 2021. The safety zone will cover the

Southwest Shelter Island Channel Entrance and all navigable waters of
San Diego Bay encompassed by the following coordinates; beginning at
latitude 32[deg]42'27.8'' N, longitude 117[deg]14'12.5'' W (point A),
thence southeasterly to latitude 32[deg]42'28.7'' N, longitude
117[deg]14'02.6'' W (point B), thence northeasterly to latitude
32[deg]42'33.3'' N, longitude 117[deg]14'04.0'' W (point C), thence
northwesterly to latitude 32[deg]42'31.9'' N, longitude
117[deg]14'12.0'' W (point D), thence southwesterly to the point of
beginning (point A). No vessel may enter, transit through, anchor in,
or remain in the zone during its enforcement unless permission is
obtained from the COTP or a designated representative. The duration of
the zone is intended to ensure the safety of, and reduce the risk to,
the persons and vessels that operate on and in the vicinity of the
Shelter Island Channel Entrance in the Sector San Diego's Area of
Responsibility. This TFR will close the Southwest Shelter Island
Channel Entrance.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
    This regulatory action determination is based on the safety zone
being of a limited duration, limited to a relatively small geographic
area, and the presence of safety hazards in the area encompassing the
Shelter Island Channel Entrance.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves a
safety zone lasting only 2 hours that will prohibit entry through the
Southwest Shelter Island Channel entrance. It is categorically excluded
from further review under paragraph L60(a) of Appendix A, Table 1 of
DHS Instruction Manual 023-01-001-01, Rev. 1. A Record of Environmental
Consideration supporting this determination is available in the docket.
For instructions on locating the docket, see the ADDRESSES section of
this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.

0
2. Add Sec.  165.T11-052 to read as follows:

Sec.  165.T11-052   Safety Zone; Southwest Shelter Island Channel
Entrance Closure, San Diego, CA.

    (a) Location. The following area is a safety zone: The Southwest
Shelter Island Channel Entrance and all navigable waters of San Diego
Bay encompassed by the following coordinates; beginning at latitude
32[deg]42'27.8'' N, longitude 117[deg]14'12.5'' W (point A), thence
southeasterly to latitude 32[deg]42'28.7'' N, longitude
117[deg]14'02.6'' W (point B), thence northeasterly to latitude
32[deg]42'33.3'' N, longitude 117[deg]14'04.0'' W (point C), thence
northwesterly to latitude 32[deg]42'31.9'' N, longitude
117[deg]14'12.0'' W (point D), thence southwesterly to the point of
beginning (point A).
    (b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port Sector San Diego (COTP) in the enforcement of the
safety zone.
    (c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's
representative by VHF Channel 16. Those in the safety zone must comply
with all lawful orders or directions given to them by the COTP or the
COTP's designated representative.
    (d) Enforcement period. This section will be enforced from 8:30
a.m. until 10:30 a.m. on April 27, 2021.

    Dated: March 26, 2021.
T.J. Barelli,
Captain, U.S. Coast Guard, Captain of the Port Sector San Diego.
[FR Doc. 2021-07297 Filed 4-8-21; 8:45 am]
BILLING CODE 9110-04-P


1 September 2005 EPA 738 F 05 005 ENDOTHALL RED FACT SHEET Pesticide Reregistration All pesticides sold or distributed in the United States must be registered by EPA, based on scientific studies showing that they can be used without posing unreasonable risks to people or the environment. Because of advances in scientific knowledge, the law requires that pesticides which were first registered before November 1, 1984, be reregistered to ensure that they meet today's more stringent standards.

In evaluating pesticides for reregistration, EPA obtains and reviews a complete set of studies from pesticide producers, describing the human health and environmental effects of each pesticide. To implement provisions of the Food Quality Protection Act ( FQPA) of 1996, EPA considers the special sensitivity of infants and children to pesticides, as well as aggregate exposure of the public to pesticide residues from all sources, and the cumulative effects of pesticides and other compounds with common mechanisms of toxicity. The Agency develops any mitigation measures or regulatory controls needed to effectively reduce each pesticide's risks. EPA then reregisters pesticides that meet certain human health and safety standards and can be used without posing unreasonable risks to human health and the environment.

When a pesticide is eligible for reregistration, EPA explains the basis for its decision in a Reregistration Eligibility Document ( RED) document. This fact sheet summarizes the information in the RED document for the pesticide endothall, case number 2245.

Uses   Endothall is applied as either a dipotassium salt or an N, N dimethylalkylamine salt. Endothall acid is not directly applied to use sites; it is formed as a breakdown product resulting from application of the salt forms.   Endothall is used as an aquatic herbicide to control submerged aquatic vegetation and algae in lakes, ponds, and irrigation canals.   Endothall is also used as a desiccant on potatoes, hops, cotton, clover, and alfalfa.   Endothall has one biocide use to control mollusks and algae in cooling towers/ systems.   In terms of pounds used, endothall is most readily used as an aquatic herbicide. For terrestrial uses, the majority of use is on potatoes ( approximately 5% crop treated) and cotton ( less than 2.5% crop treated). Of the two forms of endothall, the N, N dimethylalkylamine salt accounts for the most use. 2 Health Effects   Endothall a Toxicity Category I by the oral and ocular routes, and is a skin sensitizer. For dermal and inhalation toxicity, endothall is categorized as mildly toxic.   Endothall is not a neurotoxicant, nor does it induce developmental toxicity.   Endothall is classified as " not likely to be carcinogenic to humans" and has no mutagenic potential.   Endothall does not bioaccumulate.   Chronic dietary risks ( food and drinking water) do not exceed the Agency's level of concern, although drinking water risk for infants less than one year old is at the level of concern.   Several occupational exposure scenarios are of concern to the Agency. Mitigation to address these concerns is listed below.

Risk Mitigation The following risk mitigation measures are required for endothall to address risks of concern.   To ensure dietary ( food and water) risks are below the Agency's level of concern, 600 foot set backs from drinking water intakes are required.   To protect workers, the following mitigation measures are required: o For workers mixing and loading liquid formulations for aerial applications to terrestrial sites, workers are required to wear an 80% ( PF5) respirator ( NIOSH TC 21C). o For workers mixing, loading, and applying liquid formulations for aquatic applications, workers must wear an 80% ( PF5) respirator ( NIOSH TC 21C). o For workers loading and applying granular formulations for aquatic uses, workers are required to wear a 90% ( PF10 elastomeric half face respirator with appropriate cartridge) respirator ( BIOSH TC 23C or NIOSH TC 14G). Specific label language will include:

During granular applications, the respirator need not be worn, provided that the pesticide is applied in a manner ( such as aerial application or subsurface release or from the rear of a vessel that is moving into the wind) that the applicator will have no contact with the pesticide.

During liquid applications, the respirator need not be worn, provided that the pesticide is applied in a manner ( such as direct metering or subsurface release from the rear of a vessel that is moving into the wind) that the applicator will have no contact with the pesticide. o For residential uses of endothall, the following statement is required on labels: " Consult local fish and game agency and water control authorities before applying this product. Permits may be required to treat such water." 3 o The Agency is requiring that labels for the dipotassium salt form of endothall specify different rates for different size applications. The language is as follows:

" Only use higher rates when making treatments to small areas with an increased potential for rapid dilution or when making long and narrow applications such as for boat lanes or shoreline treatments where dilution may reduce the exposure of plants and the herbicide."

" Use the lower rates for large contiguous treatment blocks or in protected areas such as coves where reduced water movement will not result in rapid dilution of the herbicide from the target treatment area or when treating entire lakes or ponds." o The Agency is requiring that N, N dimethylalkylamine products used in lakes, ponds, streams, and other bodies of water are limited to applications to control algae, Hygrophila, Vallisneria, Hydrilla, Cabomba, bur weed, Elodea canadensis and Brazilian elodea.

Regulatory Decision EPA has determined that all products containing endothall as the active ingredient are eligible for reregistration, provided changes specified in the endothall RED are incorporated in product labeling and additional data identified in Section V of the RED confirms this decision.

For More Information For more information about EPA's pesticide reregistration program, the endothall RED, or reregistration of individual products containing endothall, contact Anne Overstreet in the Special Review and Reregistration Division ( 7508C), Office of Pesticide Programs, US EPA, Washington DC 20460, telephone 703 308 8068.

For information about the health effects of pesticides, or for assistance in recognizing and managing pesticide poisoning symptoms, please contact the National Pesticide Information Center ( NPIC). Call toll free 1 800 858 7378, from 6: 30 am to 4: 30 pm Pacific Time, or 9: 30 am to 7: 30 pm Eastern Standard Time, seven days a week. The NPIC internet address is http: npic. orst. edu.


[Federal Register Volume 81, Number 102 (Thursday, May 26, 2016)]
[Notices]
[Pages 33565-33567]
[FR Doc No: 2016-12389]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77881; File No. SR-ISEGemini-2016-03]

Self-Regulatory Organizations; ISE Gemini, LLC; Order Approving
Proposed Rule Change Related to Market Wide Risk Protection

May 20, 2016.

I. Introduction

    On March 17, 2016, ISE Gemini, LLC (the ``Exchange'' or ``ISE
Gemini'') filed with the Securities and Exchange Commission
(``Commission'') pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to introduce new activity-based risk protection
functionality. The proposed rule change was published for comment in
the Federal Register on April 6, 2016.\3\ No comment letters were
received in response to this proposal. This order approves the proposed
rule change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 77488 (Mar. 31,
2016), 81 FR 20021 (``Notice'').
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II. Description of the Proposed Rule Change

    The Exchange proposed to introduce two activity-based risk
protection measures that will be mandatory for all members: (1) The
``Order Entry Rate Protection,'' which prevents members from entering
orders at a rate that exceeds predefined thresholds,\4\ and (2) the
``Order Execution Rate Protection,'' which prevents members from
executing orders at a rate that exceeds their predefined risk settings
(together, ``Market Wide Risk Protection''). The Exchange will announce
the implementation date of the proposed

rule in a circular to be distributed to members prior to
implementation.\5\
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    \4\ The Exchange stated that it will initiate the Order Entry
Rate Protection pre-open, but in a manner that allows members time
to load their orders without inadvertently triggering the
protection. The Exchange further noted that it will establish and
communicate the precise initiation time via circular and prior to
implementation. See Notice, supra note 3, at 20022 n.4.
    \5\ See Notice, supra note 3, at 20022.
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    Pursuant to proposed Rule 714(d), ``Market Wide Risk Protection,''
the Exchange's trading system (the ``System'') will maintain one or
more counting programs on behalf of each member that will track the
number of orders entered and the number of contracts traded on ISE
Gemini or, if chosen by the member, across both ISE Gemini and its
affiliate, International Securities Exchange, LLC (``ISE'').\6\ Members
may also use multiple counting programs to separate risk protections
for different groups established within the member.\7\ The counting
programs will maintain separate counts, over rolling time periods
specified by the member, for each count of: (1) The total number of
orders entered; and (2) the total number of contracts traded.\8\
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    \6\ Members may set different risk parameters for their trading
activity on each exchange, or they may set risk parameters that
apply to their trading across both ISE Gemini and ISE. See proposed
Rule 714(d).
    \7\ The Exchange stated that it will explain how members can go
about setting up risk protections for different groups (e.g.,
business units) in a circular issued to members. See Notice, supra
note 3, at 20022 n.7.
    \8\ See proposed Rule 714(d). The Exchange clarified that a
member's allowable order rate for the Order Entry Rate Protection
will be comprised of parameter (1), while the allowable contract
execution rate for the Order Execution Rate Protection will be
comprised of parameter (2). The Exchange further explained that
contracts executed on the agency and contra-side of a two-sided
crossing order will be counted separately for the Order Execution
Rate Protection. See Notice, supra note 3, at 20022.
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    According to the Exchange, members will have the discretion to
establish the applicable time period for each of the counts maintained
under the Market Wide Risk Protection, provided that the selected
period is within minimum and maximum time parameters that will be
established by the Exchange and announced via circular.\9\ By contrast,
the Exchange's proposal does not establish minimum or maximum values
for the order entry or execution parameters described in (1) and (2)
above. Nevertheless, the Exchange will establish default values \10\
for the time period, order entry, and contracts traded parameters in a
circular to be distributed to members. The Exchange represented that
such default values will apply only to members that do not submit their
own parameters for the Market Wide Risk Protection measures.\11\
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    \9\ Id. The Exchange stated that it anticipated setting these
minimum and maximum time parameters at one second and a full trading
day, respectively. See Notice, supra note 3, at 20022 n.9.
    \10\ See proposed Rule 714(d); see also Notice, supra note 3, at
20022.
    \11\ Id.
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    Under proposed Rule 714(d), the System will trigger the Market Wide
Risk Protection when it determines that the member has either (1)
entered a number of orders exceeding its designated allowable order
rate for the specified time period, or (2) executed a number of
contracts exceeding its designated allowable contract execution rate
for the specified time period.\12\ If the member's thresholds have been
exceeded, the Market Wide Risk Protection will be triggered and the
System will automatically reject all subsequent incoming orders entered
by the member on ISE Gemini or, if set by the member, across both ISE
Gemini and ISE.\13\ In addition, if the member has opted in to this
functionality, the System will automatically cancel all of the member's
existing orders.\14\ The Market Wide Risk Protection will remain
engaged until the member manually (e.g., via email) notifies the
Exchange to enable the acceptance of new orders.\15\
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    \12\ Id.; see also proposed Rule 714(d)(1). Specifically, after
a member enters or executes an order, the System will look back over
the specified time period to determine whether the member has
exceeded the relevant thresholds. See Notice, supra note 3, at
20022. In the Notice, the Exchange provided examples illustrating
how the Market Wide Risk Protection functionality would work both
for order entry and order execution protections. See Notice, supra
note 3, at 20022-23.
    \13\ According to the Exchange, members that set different risk
parameters for ISE Gemini and ISE will only have their orders
rejected on the exchange whose threshold was exceeded. See Notice,
supra note 3, at 20022 n.10.
    \14\ Proposed Rule 714(d)(2).
    \15\ Proposed Rule 714(d)(3). Members who have not opted to
cancel all existing orders under proposed Rule 714(d)(2), however,
will still be able to interact with their existing orders entered
before the Market Wide Risk Protection was triggered. For instance,
such members may send cancel order messages and/or receive trade
executions for those orders. Id.; see also Notice, supra note 3, at
20022.
---------------------------------------------------------------------------

III. Discussion and Commission Findings

    After careful review, the Commission finds that the proposed rule
change is consistent with the requirements of Section 6 of the Act \16\
and rules and regulations thereunder applicable to a national
securities exchange.\17\ In particular, the Commission finds that the
proposed rule change is consistent with the requirements of Section
6(b)(5) of the Act, which requires, among other things, that the rules
of a national securities exchange be designed to promote just and
equitable principles of trade, to remove impediments to and perfect the
mechanisms of a free and open market and a national market system, and,
in general, to protect investors and the public interest.\18\
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78f(b).
    \17\ In approving these proposed rule changes, the Commission
has considered the proposed rules' impact on efficiency,
competition, and capital formation. See 15 U.S.C. 78c(f).
    \18\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Commission believes that the Exchange's proposed activity-based
order protections will provide an additional tool to members to assist
them in managing their risk exposure.\19\ Specifically, the Commission
believes that the Market Wide Risk Protection functionality may help
members to mitigate the potential risks associated with entering and/or
executing a level of orders that exceeds their risk management
thresholds that may result from, for example, technology issues with
electronic trading systems. Further, the Commission notes that other
exchanges have established risk protection mechanisms for members and
market makers that are similar in many respects to ISE Gemini's
proposal.\20\
---------------------------------------------------------------------------

    \19\ The Exchange currently provides members with limit order
price protections that reject orders priced too far outside of the
Exchange's best bid or offer. See ISE Gemini Rule 714(b)(2).
    \20\ See, e.g., Miami International Securities Exchange, LLC
Rule 519A (``Risk Protection Monitor''); BATS BZX Exchange, Inc.
Rule 21.16 (``Risk Monitor Mechanism'').
---------------------------------------------------------------------------

    Proposed Rule 714(d) imposes a mandatory obligation on ISE Gemini
members to utilize the Market Wide Risk Protection functionality. The
Commission notes that, although the Exchange will establish minimum and
maximum permissible parameters for the time period values, members will
have discretion to set the threshold values for the order entry and
order execution parameters.\21\ If members do not independently set
such parameters, they will be subject to the default parameters
established by ISE Gemini.\22\ While the Commission believes that the
Exchange's proposed rule provides members flexibility to tailor the
Market Wide Risk Protection to their respective risk management needs,
the Commission reminds members to be mindful of their obligations to,
among other things, seek best execution of orders they handle on an
agency basis and consider their best execution obligations when
establishing parameters for the Market Wide Risk Protection or
utilizing the default

parameters set by ISE.\23\ For example, an abnormally low order entry
parameter, set over an abnormally long specified time period should be
carefully scrutinized, particularly if a member's order flow to ISE
Gemini contains agency orders. To the extent that a member chooses
sensitive parameters, a member should consider the effect of its chosen
settings on its ability to receive a timely execution on marketable
agency orders that it sends to ISE Gemini in various market conditions.
The Commission cautions brokers considering their best execution
obligations to be aware that the agency orders they represent may be
rejected as a result of the Market Wide Risk Protection functionality.
---------------------------------------------------------------------------

    \21\ The Exchange has represented that it anticipates that the
minimum and maximum values for the applicable time period will be
initially set at one second and a full trading day, respectively,
which the Commission believes gives members wide latitude in
establishing the applicable time periods. See Notice, supra note 3,
at 20022 n.9.
    \22\ Proposed Rule 714(d).
    \23\ See Securities Exchange Act Release No. 37619A (Sept. 6,
1996), 61 FR 48290, at 48323 (Sept. 12, 1996) (Order Execution
Obligations adopting release); see also Securities Exchange Act
Release No. 51808 (June 9, 2005), 70 FR 37496, 37537-8 (June 29,
2005) (Regulation NMS adopting release).
---------------------------------------------------------------------------

    As discussed above, ISE Gemini determined not to establish minimum
and maximum permissible settings for the order entry and order
execution parameters in its rule and indicated its intent to set a
minimum and maximum for the time period parameters that provide broad
discretion to members (i.e., one second and a full trading day,
respectively).\24\ In light of these broad limits, the Commission
expects ISE Gemini to periodically assess whether the Market Wide Risk
Protection measures are operating in a manner that is consistent with
the promotion of fair and orderly markets, including whether the
default values and minimum and maximum permissible parameters for the
applicable time period established by ISE Gemini continue to be
appropriate and operate in a manner consistent with the Act and the
rules thereunder.
---------------------------------------------------------------------------

    \24\ See Notice, supra note 3, at 20022 n.9; see also supra note
21.
---------------------------------------------------------------------------

    Finally, the Commission believes that it is consistent with the Act
for ISE Gemini to offer its Market Wide Risk Protection across both ISE
Gemini and its affiliate, ISE, as such functionality could assist
members in managing and reducing inadvertent exposure to excessive risk
across both of these markets if the member desires to avail itself of
that feature. Further, the Commission notes that it previously approved
ISE Gemini's proposal to offer cross-market risk protections for market
maker quotes, and approval of the cross-market application of the
Market Wide Risk Protection functionality is consistent with that prior
approval.\25\
---------------------------------------------------------------------------

    \25\ See ISE Gemini Rule 804(g); see also Securities Exchange
Act Release No. 73148 (Sept. 19, 2014), 79 FR 57626 (Sept. 25, 2014)
(SR-ISEGemini-2014-09) (approval order).
---------------------------------------------------------------------------

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\26\ that the proposed rule change (SR-ISEGemini-2016-03) be, and
hereby is, approved.
---------------------------------------------------------------------------

    \26\ 15 U.S.C. 78s(b)(2).
    \27\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\27\
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-12389 Filed 5-25-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: February 7, 2006 (Volume 71, Number 25)]
[Notices]
[Page 6296]
[DOCID:fr07fe06-60]

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

SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of Filings and Information Services, Washington, DC
20549.

Extension:
    Rule 15g-3; SEC File No. 270-346; OMB Control No. 3235-0392

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') is publishing the following summary of
collection for public comment. The Commission plans to submit this
existing collection of information to the Office of Management and
Budget for extension and approval.
    Rule 15g-3 requires that brokers and dealers disclose to customers
current quotation prices or similar market information in connection
with transactions in penny stocks. It is estimated that approximately
240 respondents incur an average burden of 100 hours annually to comply
with the rule.
    Written comments are invited on: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information shall
have practical utility; (b) the accuracy of the agency's estimate of
the burden of the proposed collection of information; (c) ways to
enhance the quality, utility, and clarity of the information to be
collected; and (d) ways to minimize the burden of the collection of
information on respondents, including through the use of automated
collection techniques or other forms of information technology.
Consideration will be given to comments and suggestions submitted in
writing within 60 days of this publication.
    Direct your written comments to R. Corey Booth, Director/Chief
Information Officer, Securities and Exchange Commission, 100 F Street,
NE., Washington, DC 20549.

    Dated: January 31, 2006.
Nancy M. Morris,
Secretary.
[FR Doc. E6-1620 Filed 2-6-06; 8:45 am]

BILLING CODE 8010-01-P


For more information on power sector modeling for EGUs, see
http://www.epa.gov/powersectormodeling/BaseCasev513.html


[Federal Register Volume 74, Number 94 (Monday, May 18, 2009)]
[Notices]
[Page 23197]
[FR Doc No: E9-11501]

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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-1834-DR; Docket ID FEMA-2008-0018]

Arkansas; Amendment No. 2 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 Arkansas (FEMA-1834-DR), dated April 27, 2009, and
related determinations.

DATES: Effective Date: May 7, 2009.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance
Directorate, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of Arkansas is hereby amended to include the following
area among those areas determined to have been adversely affected by
the event declared a major disaster by the President in his declaration
of April 27, 2009.

    Ashley County for Individual Assistance (already designated for
Public Assistance).

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050, Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.)*COM019*

Nancy Ward,
Acting Administrator, Federal Emergency Management Agency.
[FR Doc. E9-11501 Filed 5-15-09; 8:45 am]
BILLING CODE 9111-23-P


APPENDIX 1 National Survey on Environmental Management of Asthma Survey Instructions and Questionnaire 1 1 Revised: 6/ 20/ 02 Draft Asthma Screening Questions Sample script: Hello, my name is xxx, with xxx. I'm calling on behalf of the U. S. Environmental Protection Agency. EPA is putting together information on things in the indoor air which may cause breathing problems.

[ If person answering phone is not an adult.]

May I please speak to an adult in your household?

[ If no adult is present, then call back later.]

Thank you very much, we'd like to speak to an adult. We will call back another time.

[ If a new person is put on the phone, then restate the 2 sentences below, then continue: ]

Hello, my name is xxx, with xxx. I'm calling on behalf of the U. S. Environmental Protection Agency. EPA is putting together information on things in the indoor air which may cause breathing problems.

I'd like to ask you a few questions about indoor air and breathing problems in your household.

This questionnaire should take no more than 4 minutes of your time, and it would help the EPA better serve the public. Your responses will always be kept confidential.

1. Including yourself, has anyone living in your household ever been told by a doctor or other health professional that they have asthma?

_____ YES ____ NO ______ DON'T KNOW _____ REFUSED [ If answer is ` No' or ` Don't know', read following statement and proceed to question 8.]

Since no one in your household has asthma, I have just a few more questions about the members of your household so we may compare people who do and do not not have asthma.

[ If answer is ` Yes', continue below.]

2. How many people in your household have asthma?

___ ( enter number) 1 2 Revised: 6/ 20/ 02 [ Note: If there is more than 1 asthmatic in the household, obtain this screening information separately for each one. Run through the series of questions separately for each asthmatic. e. g.,

if there is more than one person with asthma, then say ` Person 1 with Asthma' and ask questions 3 7. Then ask questions 3 7 about ` Person 2 with Asthma,' etc.]

3. Is the person under 18 years old?

[ Check appropriate box.]

___ Under 18 years ___ 18 years or older 4. [ Do you/ does the person in your home diagnosed with asthma] still have asthma?

[ Answer ` Yes' or ` No.']

___ Yes ___ No ___ ( Don't know) _____ Refused 5. How long has it been since [ you/ the person with asthma] last talked to a doctor or other health professional about [ your/ his/ her] asthma?

[ Answer ` Yes' or ` No.']

___ Never ____ Within the past yr ____ 1 yr to less than 3 yrs ago ____ 3 years to 5 yrs ago ____ More than 5 years ago ____ Don't know ____ Refused 6. How long has it been since [ you/ the person with asthma] last took asthma medication?

____ Never ____ Less than 1 day ago ____ 1 6 days ago ____ 1 week to less than 3 mos. ago ____ 3 mo. s to less than 1 yr ago ____ 1 yr to less than 3 yrs. ago 1 3 Revised: 6/ 20/ 02 ____ 3 5 yrs. ago ____ More than 5 yrs ago ____ Don't know ____ Refused Read: Symptoms of asthma include coughing, wheezing, shortness of breath, chest tightness or phlegm production when [ you/ the person with asthma] do/ does not have a cold or respiratory infection.

7. How long has it been since [ you/ the person with asthma] last had any symptoms of asthma?

____ Never ____ Less than 1 day ago ____ 1 6 days ago ____ 1 week to less than 3 mos. ago ____ 3 mo. s to less than 1 yr ago ____ 1 yr to less than 3 yrs. ago ____ 3 5 yrs. ago ____ More than 5 yrs ago ____ Don't know ____ Refused 8. How many children six years old and younger live in your home?

___ ( enter number)

9. Does anyone living with you in the home smoke cigarettes, cigars, or a pipe?

[ Answer ` Yes' or ` No.']

___ Yes ___ No 10. Does anyone smoke inside your home on a regular basis?

[ Answer ` Yes' or ` No.'] 1 4 Revised: 6/ 20/ 02 ___ Yes ___ No 11. What is the zip code where your home is located?

_________ ( enter zip code)

12. Would you please tell me the age of each person in your household starting with you and then followed by the oldest member and ending with the youngest member?

[ For this question insert grid that will allow interviewer to enter ages for all household members.]

[ If more than one child/ person is the same age in years go to question 13, otherwise go to question 14]

13. Since more than one child/ person is [ age id], I need a way to refer to each of them during the interview. Could you please tell me their first name or initials?

____ Yes _____ No ____ Don't Know ____ Refused [ If yes skip to age grid and enter name/ initials, then proceed to question 14]

14. Are you of Hispanic or Latino origin?

[ STARTING WITH SECOND PERSON: And how about [ the [ AGE] year old]? [ LOOP FOR EACH HH MEMBER]

______ YES _______ NO _______ DON'T KNOW ________ REFUSED 15. Now, I'm going to read a list of categories. Please choose one or more of the following categories to describe yourself. Are you White, Black or African American, American Indian,

Alaska Native, Asian, or Native Hawaiian or other Pacific Islander?

[ STARTING WITH SECOND PERSON: And how about [ the [ AGE] year old]? [ LOOP FOR EACH HH MEMBER]

[ MARK ALL THAT APPLY] 1 5 Revised: 6/ 20/ 02 _____ WHITE ______ BLACK/ AFRICAN AMERICAN ______ AMERICAN INDIAN ______ ALASKA NATIVE ______ ASIAN ______ NATIVE HAWAIIAN ______ PACIFIC ISLANDER ______ DON'T KNOW ______ REFUSED 16. What is the highest level of school that the primary breadwinner in the household has completed?

_____ Enter highest grade completed ( 1 12)

_____ Graduated High School _____ Some post high school, but not a Bachelor's degree ( B. A.)

_____ College Graduate  Bachelor's degree or B. A.

_____ Some Graduate or Professional School ( with or without degree)

_____ No formal schooling _____ Don't know _____ Refused If the caller answered ` No' to Question 1 ( i. e., no one in his or her household has asthma), or all identified asthmatics have not had a doctors visit for asthma, used asthma medication or had asthma symptoms in over 5 years, end the interview with the following statement:

This concludes the interview. Thank you for your time. Goodbye.

If the caller answered ` Yes' to Question 1 ( i. e., someone in his or her household has asthma),

and the identified asthmatic( s) has/ have had a doctors visit for asthma, used asthma medication or had asthma symptoms within the last 5 years, end the interview with the following and then proceed to question 17:

This concludes the screening interview. Thank you for your time. Since you have a person with asthma in the home, we would like to ask some additional questions about how the asthma is managed. 1 6 Revised: 6/ 20/ 02 18. Our survey method requires that if the person with asthma is an adult [ age 18 or older] , that person must be the one who is interviewed ( someone else cannot answer for him/ her). If the person with asthma is a child, then a parent or caregiver must answer for him/ her. Okay?

Are you the person with asthma or is your child the asthmatic?

___ Self ___ Child ___ Both self and child have asthma ___ Not asthmatic or parent/ caregiver of asthmatic child [ If they answer that they are not the asthmatic or parent of the asthmatic, proceed to Ques. 19.]

[ If they answer that they or their child has asthma, and staffing is available to administer the complete questionnaire proceed to Question 20.]

[ If they answer that they or their child has asthma, but staffing is not available to administer the complete questionnaire, proceed to Question 22.]

19. Since you have a person with asthma in the home, we would like to call back soon to hear more about how it is managed. When we call again, we would like to talk to the person with asthma ( or the parent or caregiver of the child with asthma). When would be a good time to call back to talk to that person?

___ Day( s) of week ___ Time of day ________________________ First Name of Person to Ask For Thank you, and goodbye.

20. You may choose to continue now with the set of questions about how the asthma is being managed. The questions will take about 15 minutes. Would that be okay?

___ Yes___ No 1 7 Revised: 6/ 20/ 02 [ If answer is ` Yes', proceed to the instructions on the Asthma Survey Questionnaire immediately following the `***']

[ If answer is ` No' proceed to Question 21.]

21. When would be a good time to call back to talk to you?

___ Day( s) of week ___ Time of day ______________________ First Name of Person Talking To Thank you, and goodbye.

22. Since you have asthma ( or are the parent or caregiver of the child with asthma), we would like to call back soon to hear more about how it is managed. When we call again, we would like to talk to you.

When would be a good time to call back to talk to you?

___ Day( s) of week ___ Time of day ______________________ First Name Person Talking To Thank you, and goodbye. 1 8 Revised: 6/ 20/ 02 Draft Asthma Survey Questions Sample Script:

[ The computer should adjust wording to fit the subject ( child or adult) throughout the survey.

Introduction: Hello, my name is xxx, with xxx. I'm calling on behalf of the United States Environmental Protection Agency. EPA is putting information together to help people with asthma.

[ If person answering phone is not an adult.]

May I please speak to an adult in your household?

[ If no adult is present, END interview, then call back later.]

Thank you very much, we'd like to speak to an adult. We will call back another time. Goodbye.

We understand from a previous call that an adult/ child [ identify which] in your household has asthma. May I speak with [ Name ( if known)/ that person ( or the parent or caretaker if the asthmatic is a child)]?

Repeat Introduction if this is a new person on the phone.

I have a set of questions about how the asthma is being managed. The questions will take about 15 minutes. Would that be okay?

[ State ` respondent rules' up front.]

Our survey method requires that if the person with asthma is an adult, that person must be the one who is interviewed ( someone else cannot answer for him/ her). If the person with asthma is a child, then a parent or caregiver must answer for him/ her. Okay? Are you the person with asthma or is your child the asthmatic?

___ Self ___ Child ___ Both self and child have asthma 1 9 Revised: 6/ 20/ 02 ***

[ The appropriate interview subject should be identified before the interview begins.

If there is only one asthmatic questions will be asked about that individual. If both an adult and a child have asthma, questions will be asked about the child. If more than one child in the household has asthma, a random determination will be made as to which child the questions will be asked about. If more than one adult in the household has asthma, but there are no asthmatic children in the household, a random determination will be made as to which adult the questions will be asked of.]

[ If there is more than one asthmatic in the home ( if answered ` Both' above), identify which one is the subject before starting.]

I understand you have more than one [ child/ adult] with asthma in your home. We can only talk about one of them today. We have determined that we will ask the questions about the X year old [ child/ adult]. All the questions we ask will be about that one person. Okay, do you have that person in mind? Good,

let's begin the interview.

[ Note if subject is self or child and what age]

Interview:

A. Demographic information Let's start with a basic question.

1. What is your/ your child's sex:

____ M _____ F B. Asthma questions The following questions are about your/ your child's asthma. 1 10 Revised: 6/ 20/ 02 1. Do you think any of the following things commonly affect asthma symptoms in asthmatics generally, not just in you/ your child?

[ For each of the options below, ask for ` Yes' or ` No' answers. Check ` Don't know' only if this answer is volunteered, but don't mention ` Don't know' as an option.]

pollen ___ Yes ___ No ___ ( Don't know)

molds ___ Yes ___ No ___ ( Don't know)

dust mites ___ Yes ___ No ___ ( Don't know)

cats ___ Yes ___ No ___ ( Don't know)

dogs ___ Yes ___ No ___ ( Don't know)

cockroaches ___ Yes ___ No ___ ( Don't know)

High ozone outside ___ Yes ___ No ___ ( Don't know)

secondhand tobacco smoke___ Yes ___ No ___ ( Don't know)

2a. Next, I will ask you about things that may trigger your/ your child's asthma. Please answer ` Yes' if the thing I mention triggers your/ your child's asthma attacks or ` No' if it does not.

[ Read all options, and answer ` Yes' or ` No' to each. May answer ` Don't know' if volunteered.] [ The responses to this question will determine which of the response options will be asked in question 3. The computer program should be designed to automatically bring up the appropriate options in question 3.]

Do molds trigger the asthma?___ Yes___ No___ ( Don't know)

Do cockroaches trigger it?___ Yes___ No___ ( Don't know) 1 11 Revised: 6/ 20/ 02 Do dust mites?___ Yes___ No___ ( Don't know)

Do cats? ___ Yes___ No___ ( Don't know)

Do dogs?___ Yes___ No___ ( Don't know)

Does anything else trigger the asthma?

Specify:______________________________________

2b. Have you/ has your child seen a doctor to diagnose what things may trigger your/ your child's asthma? [ Check ` Yes' or ` No.']

___ Yes___ No___ ( Don't know)

2c. Are you/ Is your child susceptible to having an asthma attack from exercising or from something else that's not in the environment? [ Check ` Yes' or ` No.']

___ Yes___ No___ ( Don't know)

3. Is smoking ever allowed in your home? [ Answer ` Yes' or ` No.']

___ Yes___ No___ ( Don't know)

4. Next, I want to ask about managing your home environment. Please answer ` Yes' or ` No' to any of the following actions that may or may not be taken in your home.

[ Read through the response options and answer ` Yes' or ` No' to each.]

[ If respondent answered ` No' to all options in 2a and ` Yes' to 2c then ask respondent about all the options in 4.] 1 12 Revised: 6/ 20/ 02 If the person answered ` Yes' or ` Don't know' to the ` molds' option in 2a:

4a. Do you ever notice mold in your home?

___ Yes___ No___ ( Don't know)

If ` Yes,' proceed to 4b 4b. Do you clean mold as soon as it is noticed in the home?

___ Yes___ No___ ( Don't know)

If respondent answered ` Yes' or ` Don't know' to the mold and/ or dust mite option in 2a, proceed to 4c & 4d:

4c. Do you use an air conditioner or dehumidifier to reduce excess humidity in your home?

___ Yes___ No___ ( Don't know)

4d. Do you regularly use exhaust fans or open windows in the kitchen or bathroom to reduce humidity from showering, cooking, or dishwashing?

___ Yes___ No___ ( Don't know)

If the respondent answered ` Yes' or ` Don't know' to the ` cockroaches'

option in 2a, proceed to 4e & 4f:

4e. Do you keep indoor areas clean and store food in tight containers to discourage cockroaches?

___ Yes___ No___ ( Don't know)

4f. If you ever discover cockroaches, which of the following is the main method you use to control them? 1 13 Revised: 6/ 20/ 02 ___ do nothing to control roaches ___ use roach pesticidal spray ( like Raid)

____ use roach traps ___ use boric acid ___ Other Specify______________________________________________

If the respondent answered ` Yes' or ` Don't know' to the ` dust mites'

option in 2a, proceed to 4g, 4h, & 4i:

4g. Do you use allergen impermeable mattress and pillow covers?

___ Yes___ No___ ( Don't know)

4h. Do you regularly wash the sheets and pillow cases of the person with asthma in hot water?

___ Yes___ No___ ( Don't know)

4i. Have you taken actions to reduce the use of upholstered furniture in the home?

___ Yes___ No___ ( Don't know)

If the respondent answered ` Yes' or ` Don't know' to the ` cats' option in 2a, proceed to 4j:

4j. Do you have a cat in the house or do you choose not to have a cat in the house?

___ Have a cat ___ Choose not to have a cat 1 14 Revised: 6/ 20/ 02 If have a cat, proceed to 4k:

4k. Is the cat ever allowed inside the house?

___ Yes___ No If yes, proceed to 4l:

4l. Is the cat ever allowed to come into the bedroom of the person with asthma?

___ Yes___ No If the respondent answered ` Yes' or ` Don't know' to the ` dogs' option in 2a, proceed to 4m:

4m. Do you have a dog in the house or do you choose not to have a dog in the house?

___ Have a dog ___ Choose not to have a dog If have a dog, proceed to 4n:

4n. Is the dog ever allowed inside the house?

___ Yes___ No If yes, proceed to 4o:

4o. Is the dog ever allowed to come into the bedroom of the person with asthma?

___ Yes___ No 1 15 Revised: 6/ 20/ 02 5. The next question is about reasons that might prevent you from reducing exposures to indoor asthma triggers. [ The computer will list items that should be asked about, based on what the subject is allergic to and what actions have not been taken.]

[ e. g., You said you are/ your child is sensitive to cockroaches and you indicated that you do not use roach traps, roach sprays, or boric acid to kill cockroaches. Which of the following best explain why you do not?]

___ I wasn't sure what actions to take ___ I don't have time ___ Too expensive ___ Actions are beyond my control ___ I know what actions to take, but I don't know how to do it ___ I don't want to take actions ___ Actions don't work ___ I can't find right equipment ___ I take different actions to address the problem ___ Medications are all I/ my child needs ___ Other Specify:______________________________________________

The following questions relate to medical treatment for asthma. 1 16 Revised: 6/ 20/ 02 6. Do you/ Does your child regularly take prescription long term or everyday medication for your/ his/ her asthma? [ Answer ` Yes' or ` No.']

___ Yes___ No 7. Do you/ Does your child take quick acting, " rescue" prescription medication for asthma related emergencies? [ Answer ` Yes' or ` No.']

___ Yes___ No 8. Do you/ Does your child regularly monitor your / his/ her lung function using a peak flow meter or similar device? [ Answer ` Yes' or ` No.']

___ Yes___ No 9. An asthma management plan is a printed form that tells when to change the amount or type of medicine, when to call a doctor for advice, and when to go to the emergency room. Has a doctor or other health professional EVER given [ you/ the( age) year old/ name an asthma management plan?[ Answer ` Yes' or ` No.']

___ Yes___ No C. Demographic information ( continued)

1. How many people live in your household? [ Enter number below]

___ Number in household 1 17 Revised: 6/ 20/ 02 2. What was the total combined household income of your household in [ fill in the last calendar year], including income from all sources including wages, salaries, unemployment payments, public assistance, Social Security or retirement benefits, help from relatives and so forth? Can you tell me that amount before taxes?

Record income $__________________

Don't know [ skip to question 3]

Refused [ skip to question 3]

3. For the purposes of this survey, it is important to get at least a range for the total income received by all members of your household in [ fill in the last calendar year]. Would you say that the total combined income, before taxes was?

[ Ask one of the following questions based on number of people in the household]

[ Income thresholds will adjust automatically by computer to determine whether respondent is low income or not. Ask one of the following.

Answer ` More' or ` Less.']

___ More or less than $ 9,000 [ for 1 person household]

___ More or less than $ 11,000 [ for 2 person household]

___ More or less than $ 13,000 [ for 3 person household]

___ More or less than $ 17,000 [ for 4 person household]

___ More or less than $ 20,000 [ for 5 person household]

___ More or less than $ 23,000 [ for 6 person household]

___ More or less than $ 26,000 [ for 7 person household]

___ More or less than $ 29,000 [ for 8 person household]

___ More or less than $ 34,000 [ for 9 or more person household]

This concludes the interview. Thank you very much for your help.

If you would like to receive free information from the EPA about managing asthma in the home, I can give you a telephone number to call. Would you like to receive information? 1 18 Revised: 6/ 20/ 02 If yes: Please call EPA's Indoor Air Quality hotline at 1 800 438 4318 and request the brochure called, " Clear Your Home of Asthma Triggers."


[Federal Register Volume 83, Number 192 (Wednesday, October 3, 2018)]
[Proposed Rules]
[Pages 49870-49872]
[FR Doc No: 2018-21467]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2018-0559; FRL-9984-80--Region 9]

Air Plan Approval; California; Feather River Air Quality
Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a revision to the Feather River Air Quality Management District
(FRAQMD) portion of the California State Implementation Plan (SIP).
This revision concerns emissions of oxides of nitrogen (NOX)
from natural gas-fired water heaters, small boilers, and process
heaters. We are proposing to approve a local rule to regulate these
emission sources under the Clean Air Act (CAA or the Act). We are
taking comments on this proposal and plan to follow with a final
action.

DATES: Any comments must arrive by November 2, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2018-0559, at https://www.regulations.gov. For comments submitted
at Regulations.gov, follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. The EPA may publish any comment received to its public
docket. Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make. The EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e. on the web, cloud, or other file sharing system). For
additional submission methods, please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section. For the full EPA public
comment policy, information about CBI or multimedia submissions, and
general guidance on making effective comments, please visit http://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Robert Schwartz, EPA Region IX, (415)
972-3286, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.

Table of Contents

I. The State's Submittal
    A. What rule did the State submit?
    B. Are there other versions of this rule?
    C. What is the purpose of the submitted rule?
II. The EPA's Evaluation and Action
    A. How is the EPA evaluating the rule?
    B. Does the rule meet the evaluation criteria?
    C. EPA Recommendations To Further Improve the Rule
    D. Public comment and proposed action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. The State's Submittal

A. What rule did the State submit?

    Table 1 lists the rule addressed by this proposal with the dates
that it was adopted by the local air agency and submitted by the
California Air Resources Board (CARB).

                                             Table 1--Submitted Rule
----------------------------------------------------------------------------------------------------------------
             Local agency                 Rule number          Rule title             Adopted        Submitted
----------------------------------------------------------------------------------------------------------------
FRAQMD................................            3.23  Natural Gas-Fired Water       10/03/2016      05/08/2017
                                                         Heaters, Small Boilers,
                                                         And Process Heaters.
----------------------------------------------------------------------------------------------------------------

    On November 1, 2017, the EPA determined that the submittal for
FRAQMD Rule 3.23 met the completeness criteria in 40 CFR part 51
Appendix V, which must be met before formal EPA review.

B. Are there other versions of this rule?

    There are no previous versions of Rule 3.23 in the SIP.

C. What is the purpose of the submitted rule?

    Emissions of oxides of nitrogen (NOX) contribute to
ground-level ozone, smog and particulate matter, which harm human
health and the environment. Section 110(a) of the CAA requires states
to submit regulations that control NOX emissions. Rule 3.23
limits NOX emissions in the FRAQMD from natural gas-fired
water heaters, small boilers, and process heaters rated 0.075 MM \1\ to
1 MM Btu/hr \2\. The EPA's technical support document (TSD) has more
information about this rule.
---------------------------------------------------------------------------

    \1\ MM = million.
    \2\ British thermal unit (Btu): The amount of heat required to
raise the temperature of one pound of water from 59 [deg]F to 60
[deg]F at one atmosphere.
---------------------------------------------------------------------------

II. The EPA's Evaluation and Action

A. How is the EPA evaluating the rule?

    SIP rules must be enforceable (see CAA section 110(a)(2)), must not
interfere with applicable requirements concerning attainment and
reasonable further progress or other CAA requirements (see CAA section
110(l)), and must not modify certain SIP control requirements in
nonattainment areas without ensuring equivalent or greater emissions
reductions (see CAA section 193).
    Generally, SIP rules must require Reasonably Available Control
Measures/Reasonably Available Control Technology (RACM/RACT) for each
major source of NOX in ozone nonattainment areas classified
as moderate or above (see CAA sections 182(b)(2) and 182(f)). 40 CFR
81.305 describes FRAQMD as regulating a portion of the Sacramento Metro
Area nonattainment area classified as Severe for the 1997 and 2008 8-
hour ozone National Ambient Air Quality Standards (NAAQS). The rest of
FRAQMD is designated as unclassifiable/attainment. Rule 3.23 regulates
area sources that are too small to exceed the major source threshold of
25 tons per year for Severe ozone nonattainment areas (see CAA 182(d)
and (f)) and is therefore not subject to major source ozone RACT
requirements. Nonetheless, FRAQMD must implement all RACM/RACT for
NOX necessary to demonstrate attainment as expeditiously as
practicable and to meet any reasonable further progress (RFP)
requirements (CAA 172(c)(1), 40 CFR 51.912(d), 51.1112(c)).
    Guidance and policy documents that we used to evaluate
enforceability, revision/relaxation and rule stringency requirements
for the applicable criteria pollutants include the following:
    1. ``State Implementation Plans; General Preamble for the
Implementation of Title I of the Clean Air Act Amendments of 1990,'' 57
FR 13498 (April 16, 1992); 57 FR 18070 (April 28, 1992).
    2. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and
Deviations,'' EPA, May 25, 1988 (the Bluebook, revised January 11,
1990).
    3. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
    4. ``State Implementation Plans; Nitrogen Oxides Supplement to the
General Preamble; Clean Air Act Amendments of 1990 Implementation of
Title I; Proposed Rule,'' (the NOX Supplement), 57 FR 55620,
November 25, 1992.
    5. ``Alternative Control Techniques Document--NOX
Emissions from Industrial/Commercial/Institutional (ICI) Boilers'', US
EPA 453/R-94-022 (March 1994).
    6. ``Alternative Control Techniques Document--NOX
Emissions from Process Heaters (Revised)'' (EPA-453/R-93-034 1993/09).
    7. ``Determination of Reasonably Available Control Technology and
Best Available Retrofit Control Technology for Industrial,
Institutional, and Commercial Boilers, Steam Generators, and Process
Heaters'' (California Air Resources Board, July 18, 1991).

B. Does the Rule Meet the Evaluation Criteria?

    This rule is consistent with CAA requirements and relevant guidance
regarding enforceability, RACT, and SIP revisions. The TSD has more
information on our evaluation.

C. EPA Recommendations To Further Improve the Rule

    The TSD describes additional rule revisions that we recommend for
the next time the local agency modifies the rule but are not currently
the basis for rule disapproval.

D. Public Comment and Proposed Action

    As authorized in section 110(k)(3) of the Act, the EPA proposes to
fully approve the submitted rule because it fulfills all relevant
requirements. We will accept comments from the public on this proposal
until November 2, 2018. If we take final action to approve the
submitted rule, our final action will incorporate this rule into the
federally enforceable SIP.

III. Incorporation by Reference

    In this rule, the EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference the FRAQMD rule described in Table 1 of this preamble. The
EPA has made, and will continue to make, these materials available
through www.regulations.gov and at the EPA Region IX Office (please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section of this preamble for more information).

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this proposed action merely proposes to approve state law
as meeting federal requirements and does not impose additional
requirements beyond those imposed by state law. For that reason, this
proposed action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under

Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR
3821, January 21, 2011);
     is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
     does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     does not provide the EPA with the discretionary authority
to address disproportionate human health or environmental effects with
practical, appropriate, and legally permissible methods under Executive
Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements.

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

    Dated: September 21, 2018.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2018-21467 Filed 10-2-18; 8:45 am]
 BILLING CODE 6560-50-P